Common use of Grievance Steps Clause in Contracts

Grievance Steps. Prior to initiating a formal written grievance pursuant to this Article, an employee or PEF is encouraged to resolve disputes subject to this Article informally with the appropriate immediate supervisor. (a) Step One: The employee or PEF shall present the grievance to the facility or institution head or a designated representative not later than 30 calendar days after the date on which the act or omission giving rise to the grievance occurred. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working days following the receipt of the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 5 contracts

Samples: Professional, Scientific and Technical Services Unit Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Grievance Steps. Prior to initiating STEP 1: When a formal written grievance pursuant to this Articledispute arises from action taken at the operational unit level, an the employee or PEF is encouraged to resolve disputes subject to this Article informally and the union representative shall discuss the matter with the appropriate immediate responsible division head or his/her designee within five (5) working days after the existence of the dispute is known to the employee. Each division will designate in writing to the Xxxxxxx and Chief Xxxxxxx the position(s) to whom grievances are to be presented at this step. Mailed notification to the Union office, or personal service of the City’s designees, shall constitute notice to the Xxxxxxx, Chief Xxxxxxx and the Union. Once designated by the Division, it is the Union's responsibility to advise new Stewards of the designations. The union representative presenting the grievance will be immediately advised if the discussion of the grievance needs to occur at another supervisory level. When the dispute is resolved at the operational unit level, the responsible division head or his/her designee and the union representative shall reduce the grievance and answer to writing within five (5) working days. Both the responsible supervisor, commissioner or manager, and union representative shall sign the grievance report. (a) Step OneSTEP 2: The employee or PEF When the dispute is not settled at the operational level, the union representative shall present reduce the grievance to writing, specifying the facility or institution head or a designated representative not later than 30 calendar days after the date on which the act or omission giving rise to the grievance occurred. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working days following the receipt disputed interpretation(s) of the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain express written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms provisions of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement agreement alleged to have been violated. (3) Within a reasonable time after , and submit it to the effective date of this Agreement, the Director head of the Governor’s Office of Employee Relations and the President of PEF, Division or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition his/her designee who has jurisdiction of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. alleged infraction within ten (410) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt the answer at the operational unit level. The grievance shall be submitted on an approved form and must specify the express written section of the demand for arbitration contract at issue, how the section has been violated, and when the violation occurred. The Division Head or as soon thereafter as the designee thereof may at his, or her option conduct a hearing on the grievance. If so, the hearing should be scheduled within ten (10) days. A signed and dated decision should be issued in ten (10) days following the day of the hearing. If there is practicable. (b) The arbitration no hearing, a signed and dated decision and award shall be issued within 30 calendar ten (10) days after of the hearing submission at the second step. The grievance shall be returned to the Xxxxxxx with the decision. STEP 3: A grievance which is closed by unresolved through steps one and two shall at the arbitrator.instance of the Union or the City be submitted in writing to the Department of Human Resources within ten

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Steps. Prior It is the mutual desire of the Employer and the Union to initiating provide for prompt adjustment of grievances with a formal minimum amount of interruption of the work schedules. Every responsible effort shall be made by the Employer and the Union to affect the resolution of grievances at the earliest step possible. In furtherance of this objective, the following procedure shall be followed: A. First Step Any employee claiming a grievance shall present it in writing on an FOP/OLC form to a captain or another supervisory officer designated by the Chief with or without his/her Grievance Representative within ten (10) calendar days of the occurrence of the condition giving rise to the grievance. The supervisor shall give his/her written grievance pursuant answer to the employee within ten (10) calendar days after presentation and discussion of the grievance. If this Articledoes not resolve the grievance, an employee or PEF is encouraged it may be appealed to resolve disputes subject to this Article informally with the appropriate immediate supervisorSecond Step. B. Second Step If the grievance is not resolved at the First Step, the grievant and/or the Grievance Representative shall within fourteen (a14) Step One: The employee or PEF shall calendar days of the date of the supervisor's written response at the First Step, present the grievance to the facility Chief of Police or institution head or a designated representative not later than 30 designee. Within fourteen (14) calendar days after the date on which the act or omission giving rise to the grievance occurred. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working days following the receipt of the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy presentation of the grievance filed at Step 1the Second Step, a copy meeting will be held between the Grievance Representative, employee, the employee's supervisor and/or Chief of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decisionPolice (or his/her designee). The agency Chief of Police or department head his/her designated representative will give an answer in writing to the grievant or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. representative within fourteen (c14) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working calendar days of the receipt of meeting. If this does not resolve the Step 2 decision. Such appeal shall be in writinggrievance, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article it may be appealed to arbitration by PEFthe Third Step. C. Third Step If the grievance is not resolved at the Second Step, by its President or the President’s designeegrievant and/or the Grievance Representative shall within fourteen (14) calendar days of the written response to the Second Step, by filing a demand for arbitration upon present the grievance to the Director of the Governor’s Office of Employee and Labor Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the partieshis/her designated representative. The composition of the panel of arbitrators grievance shall be agreed to by the State and PEF and such panel shall serve for the term discussed at a meeting consisting of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.more than three

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Steps. a. Step One (1). Within fifteen (15) calendar days of the date the grievant or the CIA knows or by reasonable diligence should have known of the alleged grievance, the grievant or the CIA shall submit, in writing to the Special Agent in Charge or designee of the Criminal Justice Division, a statement of the grievance setting forth the relevant facts, the Article(s) of the contract alleged to be violated and the remedy requested. Prior to initiating issuing a formal written grievance pursuant response, the grievant or the CIA and the Chief Investigator or designee will attempt to this Article, an employee or PEF is encouraged meet to resolve disputes subject the grievance at the lowest possible level of management. Failure to this Article informally with meet will not invalidate the appropriate immediate supervisorgrievance. If unresolved, the Chief Investigator or designee shall respond to the CIA and the grievant in writing within fifteen (15) calendar days of receipt of the grievance. If the grievance is resolved at Step 1, the grievance settlement shall be reduced to writing and signed by the CIA and the grievant and the Chief Investigator or designee. The Parties agree that Step 1 grievance settlements are nonprecedential and may not be cited by either Party or their agents or members in any arbitration proceeding now or in the future. b. Step Two (a) Step One: The employee or PEF shall present 2). In the event the grievance remains unadjusted as a result of the Step 1 process above, the grievant, together with their CIA representative, or the CIA may submit the grievance in writing to the facility Attorney General or institution head or a designated representative not later than 30 designee within fifteen (15) calendar days after of the date on which the act or omission giving rise Step 1 response was received, or, in the event no response was received, within fifteen (15) calendar days of the date the response was due, whichever is sooner. A copy will be simultaneously provided to the grievance occurredDepartment of Administrative Services, Labor Relations Unit. The facility Attorney General or institution head or designated representative designee shall meet with the employee or PEF and shall issue a short plain written statement respond, in writing, within fifteen (15) calendar days of reasons for the decision to the employee or PEF not later than 20 working days following the receipt of the grievance. c. Step Three (b3). In the event the grievance still remains unadjusted after Step 2 above, the CIA and not the employee, within fifteen (15) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by calendar days after the employee response was due or PEFreceived, on forms whichever is sooner, may serve notice of its intention to be provided by arbitrate the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decisiongrievance. Such appeal Said notice shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision delivered to the employee and to the President of PEF Attorney General or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without costDepartment of Administrative Service, Labor Relations Unit. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Steps. Prior The parties intend that every effort shall be made to initiating share all relevant and pertinent records, papers, data and names of witnesses to facilitate the resolution of grievances at the lowest possible level to the extent that the Health Insurance Portability and Accountability Act (“HIPAA”) allows. By mutual agreement, the Union and the Agency may waive Step 1 of this procedure. The following are the implementation steps and procedures for handling a formal written grievance pursuant to this Article, an employee or PEF member’s grievance: A member having a complaint is encouraged to first attempt to resolve disputes subject to this Article it informally with his/her immediate supervisor at the appropriate immediate supervisor. (a) Step One: The employee or PEF shall present time the grievance to the facility or institution head or a designated representative not later than 30 calendar days after the date on which the act or omission incident giving rise to the grievance occurred. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working days following the receipt of the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration complaint occurs or as soon thereafter as is practicable.convenient. At this meeting there may be a delegate present. If the member is not satisfied with the result of the informal meeting, if any, the member may pursue the formal steps which follow: (b) The arbitration decision and award Step 1 All complaints not resolved at the supervisory level shall be issued reduced to writing as a formal grievance within 30 calendar twenty (20) days of the date on which the grievant knew or reasonably should have had knowledge of the event. Grievances submitted beyond the twenty (20) day limit will not be honored. The grievance shall be submitted to the designee on the grievance form and in the manner consistent with the technology component of Section 7.01(B). The designee shall indicate the date and time of receipt of the form. Prior to the grievance meeting with the Agency designee and at the request of either party, attempts may be made to resolve the grievance. The Agency head or designee shall hold a meeting within forty-five (45) days after the hearing is closed receipt of the grievance. At the Step One (1) meeting, the grievance may be granted, settled or withdrawn, or a response shall be prepared and issued by the arbitratorAgency head or designee, within fifteen (15) days of the meeting. The designee shall respond to this grievance by writing the answer on the form or attaching it thereto, and by returning a copy to the grievant and delegate. The answer shall be consistent with the terms of this Agreement. Once the grievance has been submitted at Step One (1) of the grievance procedure, the grievance form may not be altered except by mutual written agreement of the parties. Meetings will ordinarily be held at the work site in as far as practical; if available, teleconferencing and videoconferencing may be utilized. Any grievances resolved at Step One (1) shall not be precedent setting at other institutions or agencies unless otherwise specifically agreed to in the settlement. The grievant may be accompanied at this meeting by a delegate and/or an organizer. The inability of a delegate or organizer to be present at such meeting after reasonable attempts to schedule will permit the Agency head or designee to render a decision based on documents only.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Steps. Prior to initiating a formal written grievance pursuant to this ArticleStep One:‌ An Employee shall individually, an employee or PEF is encouraged to resolve disputes subject to this Article informally with the appropriate immediate supervisor. (a) Step One: The employee or PEF shall Union, present the written grievance to the facility or institution head or first level supervisor, with a designated representative not later than 30 calendar days after the date on which the act or omission giving rise copy to the grievance occurred. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working days following the receipt of the grievance. Human Resources Director within fifteen (b15) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt disputed action/inaction or the date the Employee is made aware of the Step 1 decisionaction/inaction, whichever is later. Such appeal The supervisor shall be respond in writing and shall include a copy within ten (10) working days of receipt. Step Two:‌ A. If the grievance is filed at Step 1One, a copy of and unresolved at Step One, an appeal may be submitted by the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision Union in writing to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Human Resources Director of the GovernorBorough within ten (10) working days after the Employer’s Office response to the prior step is due or received. Within five (5) working days of Employee Relationsreceipt of Step Two Grievance, a meeting with the grievant, Union Representative, and Human Resources Director shall be scheduled. If the representatives are unable to resolve the grievance, the Human Resources Director shall respond in writing within ten (10) working days after the meeting. B. If a grievance results from demotion for cause or disciplinary suspension it shall be entered into the Director’s designee, procedure at Step Two. Such grievances shall be brought to the attention of the Human Resources Director within 30 fifteen (15) working days of the receipt of action or knowledge thereof, in accordance with Article 15.04 B. C. Non-retention grievances for probationary Employees must be entered at the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision STEP TWO level within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. five (5) Arbitrators shall confine themselves working days from the notice of intent to non-retain. The affected Employee will remain in paid status until the precise issue remedies under the STEP TWO grievance process are complete. This paid status may be a regular work schedule, an alternate assignment, or issues submitted for arbitration administrative leave, depending upon the circumstances and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching at the determination. (6) All fees and expenses sole discretion of the arbitrator shall be divided equally between partiesEmployer. Each party shall bear The Union agrees to process the cost of preparing grievance in a timely manner and presenting to provide the Employer with all relevant information and documentation within its own case. (7) Any party requesting a transcript possession at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt time of the demand for arbitration or as soon thereafter as STEP TWO meeting, so that the Borough can properly determine whether termination is practicableappropriate. Upon completion of the STEP TWO grievance process, should the Employer still believe non-retention is appropriate, the termination will become effective the date the STEP TWO decision is rendered. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Steps. Prior to initiating a formal written grievance pursuant to this Article, an employee or PEF is encouraged to resolve disputes subject to this Article informally with the appropriate immediate supervisor. (a) Step One: The employee or PEF shall present the grievance to the facility or institution head or a designated representative not later than 30 calendar days after the date on which the act or omission giving rise to the grievance occurred. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working days following the receipt of the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Steps. Prior to initiating Step 1. The parties recognize that many problems will be discussed and resolved between the Employer, a formal written grievance pursuant to this ArticleUnion representative, an and the employee involved in the controversy or PEF dispute. Informal settlements are encouraged. If a problem is encouraged to resolve disputes subject to this Article informally with not resolved informally, the appropriate immediate supervisorprocedure outlined below will be followed. (a) Step One: 2. The employee or PEF the Union, through any employee who is a xxxxxxx or a non-employee union representative, may file a grievance in writing with the immediate supervisor or designee to whom the employee reports, within twenty (20) workdays from the occurrence or the time when the employee should reasonably have been aware of the occurrence giving rise to the grievance. The immediate supervisor or designee will meet with the employee and a Union representative, within ten (10) workdays of the filing of the grievance. Together, the parties shall present attempt to resolve the grievance. The immediate supervisor or designee shall respond in writing no later than fifteen (15) workdays from the date of the meeting. Step 3. If the grievance is unresolved, the employee and/or the Union may appeal the grievance Executive Director fifteen (15) workdays of receiving the Step 1 response. The Executive Director will meet with the grievant and Union representative within fifteen (15) workdays of the date the Step 2 appeal was filed. The Executive Director shall provide a written decision to the facility or institution head or employee(s) within 15 workdays of the meeting. If the Executive Director does not offer a designated meeting within 10 workdays, the employee(s) and/or Union representative may move to Step 5 and will have thirty (30) workdays to request arbitration. In the case when the Employee(s) grievance is directly related to alleged gross misconduct of the Executive Director, the employee(s) shall submit the grievance in writing to ACLU of ME Board President not later than 30 calendar days twenty (20) workdays after the date on which the alleged act or omission giving rise to the grievance occurredoccurred or after the date on which there was reasonable basis for knowledge of the occurrence. The facility or institution head or designated representative ACLU of ME Board President shall meet with the employee or PEF and shall issue offer to hold a short plain written statement of reasons for the decision to the employee or PEF not later than meeting within 20 working days following the receipt workdays of the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by date the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing written grievance was received and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy decision in writing to the arbitrator and the other party without cost. employee(s) within fifteen (a15) The arbitration hearing shall be held within 60 working days after receipt workdays of the demand for arbitration or as soon thereafter as meeting, and in the event that the matter is practicablenot resolved in Step 2, the aggrieved employee(s) and/or the Union representative will proceed to Step 4. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Steps. Prior to initiating a formal 1. Step 1 a. Within the time limits indicated elsewhere in this Article the employee or his/her representative, if any, shall provide the written grievance pursuant to this Article, an employee or PEF is encouraged to resolve disputes subject to this Article informally with on the appropriate immediate supervisor. (a) Step One: The employee or PEF shall present the grievance approved form to the facility or institution head or a designated representative not later than 30 calendar days after campus grievance official. The time limits relative to the date on which the act or omission giving rise University's response to the grievance occurredat Step 1 of the Grievance Procedure shall begin on the date the Step 1 grievance official receives the grievance. The facility University Step 1 grievance official shall acknowledge receipt of the grievance in writing. When a grievance form is hand delivered, acknowledgment can, on request of the Union, take the form of date stamping the form, signing it, making a copy and giving the copy to the grievant or institution head or designated representative his/her representative. Any grievance that is not received within the time limits established by this Article and/or which does not comply with the procedures and requirements of this Article shall be considered waived and withdrawn by the employee and/or the Union. b. The immediate supervisor shall review the grievance and, at his/her discretion, meet with the employee or PEF and shall issue a short plain written statement of reasons for grievant and/or the decision grievant's representative, if any, to the employee or PEF not later than 20 working days following the receipt of discuss the grievance. . Within fifteen (b15) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working calendar days after receipt of the appeal. A copy of said grievance a written decision shall response will be forwarded issued to the President employee and the employee's representative. If the University's written response is not issued within these time limits or if the grievance is not resolved at Step 1 of PEFthe Grievance Procedure, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article grievance may be appealed to arbitration by PEFStep 2. Time limits for appealing a UC written answer, by its President or the President’s designeeabsence of a written response, by filing a demand for arbitration upon the Director are provided in § C above. c. Resolution of the Governor’s Office of Employee Relations within 15 working days of the receipt of the grievance at Step 3 decision. If the Step 3 decision has 1, although final, shall not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decisionprecedent setting. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitrationd. As set forth in Section I below, the parties shall meet may agree in writing to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable waive Step 1 and proceed directly to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lotStep 2. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 2 contracts

Samples: Access Agreement, Access Agreement

Grievance Steps. Prior The following procedure is the exclusive remedy for employees and the Union concerning all matters arising under this Agreement. The designee of the Board, at each successive step provided for in this procedure, shall be someone who has more authority than the person at the previous step. Whenever the College- designated representative appears in more than one step because of the organizational structure of the College, the President shall designate some other person to initiating perform at the next succeeding step. If the President would be the appropriate College designee at Step 2, the President would designate some other person to act at that Step. The President of the College, or a formal selected representative, will always be the designated College representative in Step 3. Days, when used in this ARTICLE, refer to working days when the College is open. All grievances shall be processed as follows: STEP 1 An employee covered by this Agreement or the Union, in the case of any Union grievance, shall submit the grievance in writing to Human Resources and to their immediate supervisor. Human Resources will arrange for a meeting with the grievant and Union's designated representative within five (5) working days of receipt of the written grievance pursuant to this Articlefully discuss the subject matter thereof. Human Resources will provide a written answer to the employee within five (5) working days after such meeting, an employee or PEF is encouraged to resolve disputes subject to this Article informally with and indicate the appropriate immediate supervisorperson to contact at the next Step. (a) Step One: The employee or PEF shall present STEP 2 If the grievance is not settled in Step 1 and the grievant or the Union, in the case of a Union grievance, wishes to appeal, the grievance may be referred by the grievant, in writing, to the facility appropriate Vice-President (or institution head or a to any other person designated representative not later than 30 calendar by the Board) within five (5) working days after the date on which answer in Step 1. Such grievance shall be signed by both the act individual grievant and/or the Union representative, normally the Grievance Chair. The Vice-President, or omission giving rise an appointed designee, shall discuss the grievance within five (5) working days with the grievant, the Union and the College, at a time mutually agreeable to the grievance occurredparties. The facility or institution head or designated representative shall meet with If a settlement is reached pursuant to the employee or PEF and provisions of this Step, the Vice-President shall issue a short plain written statement of reasons for agreement signed by the decision grievant, the Vice-President and the Union representative. If no settlement is reached, the Vice-President or the duly appointed designee, shall give a written answer to the employee or PEF not later than 20 grievant and the Union within five (5) working days following their meeting, and indicate the receipt of appropriate person to contact at the grievancenext Step. (b) STEP 3 If the grievance is not settled in Step Two: An appeal from an unsatisfactory decision at Step 1 2 and the grievant or the Union desires to appeal, it shall be filed referred in writing by the employee or PEF, on forms to be provided by the State, with the agency or department head grievant or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and Union to the President of PEF the College, or a selected designee, within five (5) working days after the Vice-President’s designee no later than 20 working days following receipt of the answer in Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the 2. The President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s duly appointed designee, shall, within 30 five (5) working days of the receipt of the Step 2 decision. Such appeal shall be in writingdays, and shall include a copy of discuss the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decisiongrievant and the Union representative at a time mutually agreeable to the parties. The Director If a settlement is reached pursuant to the provisions of this Step, the Governor’s Office of Employee RelationsPresident, or the Director’s duly appointed designee, shall issue a shortwritten agreement signed by the grievant, plain the President or designee and the Union representative. If no settlement is reached, the President, or the duly appointed designee, shall give a written statement answer to the grievant and the Union within ten (10) working days following their meeting and indicate the appropriate person to contact at the next Step. STEP 4 If the grievance is not settled in Step 3 and the grievant(s) desires to appeal, it shall be referred, in writing, to the Board of reasons for Trustees within five (5) working days after the decision answer in Step 3. The Board shall have the option of hearing the matter, but shall not be bound to do so except in grievances arising from suspensions or dismissal action. If the Board decides not to take up and hear the matter, it shall give its written answer to the grievant (s) and the Union within 30 five (5) working days of receipt of the appeal by the Board. If the Board decides to hear the matter, it shall meet within ten (10) working days of receipt of the appeal and shall discuss the grievance with the grievant(s) and the Union representative. The Board shall give its written answer to the Union within ten (10) working days after the date of the Board meeting. Use by any party of this Step 4 procedure is fully at the discretion of the grievant(s). STEP 5 If the grievance is not settled in accordance with the foregoing procedure, the Union may serve notice of intention to arbitrate within fifteen (15) working days after receipt of the appealanswer in Step 4. A copy of said written decision The Union shall be forwarded so communicate that intention, in writing, to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to College and the terms of this Article may be appealed to arbitration by PEFUnion, by its President or certified mail. Thereupon, the President’s designee, by filing a demand for arbitration parties shall attempt to mutually agree upon the Director of the Governor’s Office of Employee Relations an arbitrator within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 five (5) working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify notice of intention to arbitrate. In the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if event the parties are unable to agree, the agree upon an arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. within said five (5) Arbitrators working day period, the parties shall confine themselves immediately jointly request either the Federal Mediation and Conciliation Service (FMCS) or the American Arbitration Association (AAA) to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations submit a panel of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. seven (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense andarbitrators. The parties shall alternately strike, in such eventindividually, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt names of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.three

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Steps. Prior to initiating A. Step One - Informal Procedure: 1. If a formal written grievance pursuant to this Articlemember believes there is a basis for a grievance, an employee or PEF the grievant shall first discuss the problem with the immediate supervisor. The intent is encouraged to resolve disputes subject to this Article the problem informally at the lowest possible level, provided the remedy is not inconsistent with the appropriate negotiated agreement. Representation for either party at this level will not be permitted. B. Step Two - Formal Procedure with Supervisor: 1. If the grievance is not resolved within seven (7) days of such informal meeting, the grievant may appeal his grievance within seven (7) days of such informal meeting by submitting a completed Grievance Report Form. 2. Copies of this form showing the date of the occurrence, a statement of the nature of the grievance, the provisions of this agreement allegedly violated, and the relief sought shall be submitted by the grievant to the immediate supervisor. . Within five (a5) Step One: The employee or PEF shall present days of receipt of the grievance to Grievance Report Form, the facility or institution head or a designated representative not later than 30 calendar days after the date on which the act or omission giving rise to the grievance occurred. The facility or institution head or designated representative immediate supervisor shall meet with the employee or PEF and shall issue a short plain written statement of reasons for the decision grievant, in an effort to the employee or PEF not later than 20 working days following the receipt of resolve the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 . The immediate supervisor shall be filed by indicate the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy disposition of the grievance filed within five (5) days after such meeting by completing Step Two of the Grievance Report Form and sending copies to the appropriate parties. No additional information may be considered at any later step of this grievance procedure if it has not been presented at this step. Both the grievant and the supervisor may be represented at this step. C. Step Three - Formal Procedure with Superintendent: 1. If the grievant is not satisfied with the disposition of the grievance at Step 1Two or, a copy of if no disposition has been made within the above time limits, the grievant may complete the Grievance Report form, Step 1 decision Three, and a short plain written statement of submit the reasons for disagreement grievance along with the disposition from Step 1 decision. The agency or department head or a Two to the Superintendent and/or designee within five (5) days of receipt, the Superintendent and/or designee shall meet with the employee or PEF for a review grievant. Within three (3) days of this meeting, the Superintendent and/or designee shall indicate in writing the disposition of the grievance and shall issue a short, plain written statement of reasons for by completing the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt portion of the Grievance Report Form and sending out the appropriate copies. No additional information may be considered at this step if it has not been presented at Step 1 appealTwo. Both parties may be represented at this step. (c) D. Step Four - Formal Procedure with Arbitrator: 1. If the grievant is not satisfied with the disposition of the grievance at Step Three: An , or if no disposition has been provided within the time limits specified in Step Three, the grievant may appeal from an unsatisfactory decision at Step 2 shall be filed the grievance to arbitration by PEF through its President or completing the President’s designee, on forms to be provided by Grievance Report Form and filing the State same with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, Superintendent within 30 working five (5) days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed meeting at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designeeThree. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 2 contracts

Samples: Negotiated Agreement, Collective Bargaining Agreement

Grievance Steps. Prior to initiating 32 A. INFORMAL STEP 33 Before filing a formal written grievance pursuant to this Articlegrievance, an employee or PEF is encouraged the grievant shall attempt to resolve disputes subject to this Article informally the grievance through 34 an informal conference with the appropriate grievant’s immediate supervisor. (a) . Such conference, as well as 1 actual formal filing of a written grievance in the event the conference does not resolve the problem, 2 must take place within the applicable time limits as outlined in Step One: The employee or PEF shall present the grievance to the facility or institution head or a designated representative not I below. 4 B. STEP I 5 No later than 30 calendar thirty (30) days after the date on which following the act or omission giving rise to the grievance occurred. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue a short plain written statement of reasons for the decision to the employee or PEF not grievance, or, no later 6 than 20 working thirty (30) days following the receipt of the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by date upon which the employee reasonably should have known of 7 the act or PEFomission, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be grievant must present such grievance in writing and on an appropriate form to 8 the immediate supervisor. 10 The written grievance shall include contain a copy of the grievance filed at Step 1clear, a copy of the Step 1 decision and a short plain written concise statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, specific 11 provision(s) of the employee or employees Agreement allegedly involved, and the specific term remedy sought. 13 The immediate supervisor shall communicate a written decision to the employee within ten (10) 14 days after receiving the grievance. Within the above time limits, either party may request a personal 15 conference with the other party. 18 In the event the grievant is not satisfied with the decision at Step I, the grievant may appeal the 19 decision on the appropriate form to the Superintendent or provision his designee within ten (10) days. Failure 20 to meet this time limit by the grievant shall constitute an automatic waiver and withdrawal of the Agreement alleged 21 grievance. 23 The Superintendent or his designee shall communicate a decision within ten (10) days after 24 receiving the appeal. Either the grievant or the Superintendent or designee may request a personal 25 conference within the above time limits. If the Superintendent or designee does not respond within 26 the above time limits, the grievant may, at the election of the Association, automatically proceed to 27 the next step. 29 D. STEP III 30 If the grievant is not satisfied with the disposition of the grievance at Step II, or if no written decision 31 has been rendered within the applicable time limits, the grievant may, within ten (10) days after 32 written decision is rendered or should have been violated. rendered, request in writing that the Association 33 submit the grievance to binding arbitration. A copy of such request shall be simultaneously served 34 upon the Superintendent. Within fifteen (315) Within a reasonable time days after receipt of such request from the effective date of this Agreementgrievant, 1 the Director of Association by written notice to the Governor’s Office of Employee Relations and Superintendent may elect to submit the President of PEF, or their designees, shall meet grievance to binding 4 In the event the parties are unable mutually to agree upon an arbitrator, they shall request that a 5 panel of arbitrators seven (7) names be submitted to both parties by the California State Conciliation Service. 6 Upon receipt of the list of names, the parties shall alternately delete names from the list until only 7 one (1) remains, and said last named shall be selected from lists as the arbitrator. 9 The arbitrator’s decision shall be final and binding upon the parties hereto, and shall be in writing 10 and shall set forth his findings of fact, his reasoning, conclusions and remedy. The arbitrator’s 11 authority shall be limited to deciding the issues submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State ; and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall 12 have no power or authority to add to, subtract from from, alter, delete, amend or modify the terms or provisions of this Agreement13 Agreement or the written policies, rules, regulations and procedures of the District. They In the event the 14 issue of arbitrability is raised, it shall confine their decision and award solely first be submitted to the application and/or interpretation of this Agreement. The decision and award arbitrator, prior to a consideration, if 15 any, of the arbitrator shall be final and binding consistent with merits. 17 All costs for the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses services of the arbitrator shall be divided equally between parties. Each party shall bear arbitrator, including, but not limited to, per diem expenses, travel 18 and subsistence expenses and the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration any hearing may provide for one at its expense and, in such event, shall provide a copy to room will be borne equally by the arbitrator District 19 and the Association. All other party without cost. (a) The arbitration hearing shall costs will be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed borne by the arbitratorparty incurring them.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Steps. Prior to initiating a formal written grievance pursuant to this Article, an employee or PEF is encouraged to resolve disputes subject to this Article informally with Grievances shall be handled in the appropriate immediate supervisor. (a) Step Onefollowing manner: STEP ONE: The employee or PEF Advocate and/or Worker Representative shall present the a grievance in writing to the facility grievant’s site manager or institution head or a designated representative not later than 30 supervisor within fourteen (14) calendar days after the date on which employee should reasonably have learned of the act or omission event giving rise to the grievance occurredor within fourteen (30) calendar days after the event giving rise to the grievance, whichever is later. The facility written grievance must contain the following information: (a) the act or institution head or designated representative shall meet with the employee or PEF and shall issue a short plain written statement of reasons for the decision acts alleged to the employee or PEF not later than 20 working days following the receipt be violations of the grievance.Agreement; (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days identity of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency grievant or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal.xxxxxxxxx; (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term article or provision of the this Agreement alleged to have been violated.; (3d) Within a reasonable time after the effective date of this Agreementremedy proposed to attempt to resolve the grievance. The written grievance need not be on the Union’s grievance form, as long as it contains the Director of information above. The written grievance must be signed by the Governor’s Office of Employee Relations grievant or authorized by an Advocate or Union Representative. The employee and the President of PEFsite manager or supervisor, and the Union Representative or their designeesWorker Representative, if requested by the employee, shall meet to agree upon try and resolve the grievance. An employee who attends meetings outside of scheduled working hours shall be paid for the time spent at their normal rate of pay. This provision shall not apply to an employee terminated for cause. The site manager or supervisor shall respond in writing to the grievance not later than seven (7) calendar days of the meeting. The Employer’s response will propose a panel resolution of arbitrators selected from lists submitted the grievance which may include, but is not limited to: agreeing to the remedy proposed by the partiesgrievant or the Union; proposing a remedy other than that proposed by the grievant or the Union; or denying the grievance. The composition Employer’s response shall be addressed to the grievant and/or the Advocate or Union Representative. STEP TWO: Should the procedure of the panel of arbitrators previous step fail to resolve the grievance, the grievance shall be agreed to by presented in writing within fourteen (14) calendar days after the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitrationsite manager’s decision from Step One. A meeting with the Executive Director or his/her representative, the parties shall meet to select an arbitrator from this panel. The essential method of selection of grievant and the arbitrator for a particular case Union Representative or Worker Representative shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues held not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. later than seven (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working calendar days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award written grievance. An employee who attends meetings outside of scheduled working hours shall be issued within 30 calendar days after paid for the hearing is closed by time spent at their normal rate of pay. This provision shall not apply to an employee terminated for cause. The Executive Director’s response shall be addressed to the arbitrator.grievant and the Union. Within seven

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Steps. Prior to initiating a formal written A grievance pursuant to this Article, an employee or PEF is encouraged to resolve disputes subject to this Article informally shall be presented and adjusted in accordance with the appropriate immediate supervisor. (a) steps outlined below. Step One: The employee or PEF shall present One In the event the matter is not resolved informally, the grievance may be submitted in writing to the facility or institution department head or a designated representative not later than 30 calendar days after the date on which the act or omission giving rise to who shall hear the grievance occurred. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue render a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working days following the receipt of the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency grievant may be represented by the shop xxxxxxx or department head or a designee shall meet with the employee or PEF for a review of Union business agent. 1. If the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision is not resolved satisfactorily at Step 2 shall One, it may be filed by PEF through its President or the President’s designee, on forms appealed to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decisionHuman Resources. The Director of the Governor’s Office of Employee Relations, Labor Relations or the Director’s his/her designee, shall issue will convene a short, plain written statement of reasons for the decision hearing within 30 working twenty-one (21) calendar days after receipt of the appealsuch grievance. A copy The Director of said Labor Relations or his/her designee shall render a written decision within twenty-one (21) calendar days from the date of the conclusion of such hearing. The staff member may be represented at such hearing by the Local Union President or his designee. The decision rendered herein shall be forwarded final except as provided below. 2. Discipline that is grieved in accordance with Step Two of the grievance procedure shall be stayed until the issuance of a Step Two decision. Such grieved discipline may not be referred to or relied upon in any evaluation, promotional decision or subsequent disciplinary charge, other than termination, until the grieved discipline has been resolved through Step Two. Grieved discipline shall be considered resolved through Step Two after the Vice President of PEF, Human Resources or his/her representative has held a hearing and rendered a decision in accordance with that step of the President’s designee. (d) Step Four: Arbitrationgrievance procedure. This provision shall not apply to: (1) Contract Disciplinary demotion, discharge or suspensions pending an investigation; (2) Discipline for conduct which demonstrates a threat to property or the health and safety of the grievant, University staff or the public. In the event that an employee serves any portion of a suspension prior to filing a grievance concerning that suspension, only the balance of the suspension will be stayed and there shall be no entitlement to reimbursement or reinstatement for the days served unless and until the grievance is sustained. If subsequent offenses occur while a Step Two grievance is pending, multiple grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or addressed at the President’s designee, by filing a demand for arbitration upon same hearing. 1. In the Director of event that the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision grievance has not been issued within satisfactorily resolved in Step Two, and the time period for grievance either involved an alleged violation of the issuance Agreement as described in the definition of such decision, a demand grievance in A.1 above or in the case of discipline involves the following contemplated or implemented penalties: 1. Suspension of five days or more at one time 2. Demotion 3. Discharge then a request for arbitration may be filed brought only by the Union through its President of PEF or within twenty-one (21) calendar days from the President’s designee at any time after expiration of date the time period established for the issuance of Union received the Step 3 Two decision, except that in no case may by mailing a demand written request for arbitration to the Director of Labor Relations. If mutually agreed a small case pre-arbitration conference may be filed later than 15 working days after receipt of scheduled to frame the Step 3 decision. (2) The demand issue or issues. All communications concerning appeals and decisions shall be made in writing. A request for arbitration shall identify contain the names of the University Department and the staff member involved, copies of the original grievance, the department or agency involved, the employee or employees involvedappeal documents, and written decisions rendered at the specific term or provision lower steps of the Agreement alleged to have been violatedgrievance proceeding. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Steps. Prior Disputes/grievances shall be handled in the following manner: writing to initiating a formal the employee’s immediate supervisor within fourteen (14) calendar days after the employee should reasonably have learned of the event giving rise to thedispute/grievance or within fourteen (14) calendar days after the event giving rise to the dispute/grievance, whichever is later. The written dispute/grievance pursuant must contain the following information: a) the exact nature of the dispute/grievance; b) the act or acts alleged to this Articlebe violations of the Agreement, an employee Employer policy or PEF theEmployer’s past practice that is encouraged not specifically addressed in this Agreement; c) when the alleged act(s) occurred; d) the identity of the grievant or grievants; (e) the specific article or provision of this Agreement or the past practice applicable to members of the bargaining unit, as specifically contained in the Employer’s written policies and procedures that are in effect upon the date ofratification of this Agreement, and which have not been altered or amended by this Agreementalleged to have been violated; e) the remedy proposed to attempt to resolve disputes subject the dispute. The supervisor shall respond in writing to this Article informally the dispute/grievance within fourteen (14) calendar days of the presentation to agree to solve the dispute/grievance with the appropriate immediate remedy specified by the Union or an alternative remedy or to deny the dispute/grievance. The supervisor. (a) ’s responseshall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this timeframe, the Union shall have the right to forward the issue to the next step. the Union may file a written appeal of the supervisor’s decision rendered in Step One: One to the Chief Executive Officer or his/her designated representative. The employee or PEF advocate or the Union staff representative shall present file this written dispute/grievance within fourteen (14) days after his/her receipt of the grievance to supervisor’s decision from Step One. A meeting with the facility Chief Executive Officer or institution head or a his/her designated representative, the grievant and the Union representative shall be held not later than 30 fourteen (14) calendar days after receipt of the written appeal, unless otherwise to by the parties. The Chief Executive Officer’s response shall be addressed to the grievant and the Union and shall be copied to the uman Resources Officer. This response shall be final and binding on the employee, the Union and the Employer, unless it is timely appealed to arbitration by the Union in accordance with this Article. Grievances concerning discharge or discrimination shall be filed initially at Step Two (2). Group grievances claiming the same alleged violations involving employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances allegingthe same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Two. Should the parties fail to resolve the Grievance at the Step 2 meeting, either party may request that the Dispute/Grievance be submitted to mediation no later than fourteen (14) calendar days following the date on which the act or omission giving rise Employer submits its written Step 2 Grievance Response to the grievance occurredUnion. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue Upon a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working days following the receipt of the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEFtimely request, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the both parties shall meet to select an arbitrator from this panel. The essential method enter into good faith mediation including using the services of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. Federal Mediation and Conciliation Services (4“FMCS”) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between partiesanother mutually agreed upon Mediation Service offered locally. Each party shall bear their own costs associated with preparing for the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense andmediation. The mediation costs, in such eventif any, shall provide a copy to be split equally between the arbitrator and the other party without cost. (a) parties. The arbitration hearing mediation shall be held conducted within 60 working thirty (30) days unless the partiesare unable for good reason to schedule the mediation in that time period. In no event shall a mediation be conducted later than sixty (60) days after receipt of a timely request for mediation unless the demand for arbitration parties agree in writing. Mediation shall apply only to grievances that involve termination, demotion, or as soon thereafter as is practicablean issue that affects an employee’s compensation. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Steps. Prior to initiating a formal written grievance pursuant to this Article, an employee or PEF is encouraged to resolve disputes subject to this Article informally All grievances shall be administered in accordance with the appropriate immediate supervisorfollowing steps of the Grievance Procedure. Step 1: Immediate Supervisor An employee who believes he or she may have a grievance shall notify the employee’s immediate supervisor of the possible grievance within five (a5) days of Step One2: The employee or PEF Department Head If the dispute is not resolved informally at Step 1, it shall present be reduced to writing by the grievant and presented as a grievance to the facility employee’s Department Head within five (5) days of the informal meeting or institution head or a designated representative notification of the supervisor’s decision at Step 1, whichever is later, but not later than 30 calendar seven (7) days after from the date on which of the act or omission giving rise meeting if the supervisor’s fails to give the employee an answer. Step 3: Safety Director If the aggrieved party initiating the grievance occurredis not satisfied with the written decision at the conclusion of Step 2, a written appeal of the decision may be filed with the Service\Safety Director within five (5) days from the date of the rendering of the decision in Step 2. Copies of the written decision shall be submitted with the appeal. The facility or institution head or designated representative Service Director shall meet with the employee or PEF and shall issue convene a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working days following the receipt of the grievance. hearing within ten (b10) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decisionappeal. Such appeal shall The hearing will be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement held with the Step 1 decisionaggrieved party and the employee’s representative, if the employee requests one. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and Service Director shall issue a short, plain written statement of reasons for the decision to the employee Union and a copy to the President employee, if the employee requests one, within fifteen (15) days from the date of PEF hearing. Step 4: Mayor If the aggrieved party or the President’s designee no later than 20 working days following receipt union is not satisfied with the written decision at the conclusion of Step 3, a written appeal of the decision may be filed with the Mayor within five (5) days from the date of the rendering of the decision in Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 3. Copies of the written decisions shall be filed by PEF through its President submitted with the appeal. The Mayor or the PresidentMayor’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall convene a meeting within 30 working ten (10) days of the receipt of the Step 2 decisionappeal. Such appeal shall The meeting will be in writingheld with the aggrieved party, the aggrieved party’s representative, if any, and shall include any other party necessary to provide the required information for the rendering of a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 proper decision. The Director of the Governor’s Office of Employee Relations, Mayor or the DirectorMayor’s designee, shall issue a shortwritten decision to the employee, plain written statement with a copy to the employee’s representative, if any, within fifteen (15) days from the date of reasons for the meeting. If the aggrieved party is not satisfied with the decision within 30 working days after receipt of at Step 4, the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable Union may proceed to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decisionArbitration Procedure herein contained. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Prior Step 1. An employee having a grievance shall present it orally to initiating a formal written grievance pursuant to this Articlethe supervisor. In the event the employee desires that the Xxxxxxx be present, an employee or PEF is encouraged to resolve disputes subject to this Article informally with he shall make the appropriate immediate supervisorrequest through the supervisor and the supervisor shall send for the Xxxxxxx. Step 2. In the event the grievance is not settled orally by the supervisor, the employee shall submit the grievance in writing to the Superintendent within three (a3) Step One: working days from the oral presentation, on forms (at least four [4] copies) provided by the Union. The employee and the Xxxxxxx shall sign the grievance. The grievance must indicate: (1) a statement relating to the facts upon which it is based, including the date of the occurrence of the event and citing the alleged violation(s) of this Agreement; and (2) the remedy or PEF correction requested. The Superintendent shall present give his decision in writing within five (5) working days. In the event the employee receives an unsatisfactory answer from the Superintendent, a meeting will be held between the Superintendent and a Business Representative of the Union at a time mutually agreeable to them, but no later than fifteen (15) calendar days following receipt of the Superintendent's decision to the employee. The Superintendent and the Business Representative will discuss the grievance and try to reach a satisfactory settlement. In the event that a satisfactory settlement cannot be reached, the grievance then may be appealed to Step 3 of the Grievance Procedure. Step 3. Any appeal of a decision rendered by the Superintendent shall be presented to the facility or institution head or a designated representative not later than 30 calendar Board of Education within twenty (20) working days after the date on which meeting between the act or omission giving rise to Superintendent and the grievance occurredBusiness Representative of the Union. The facility or institution head or designated representative Board shall meet with the employee or PEF and shall issue Business Representative of the Union at a short plain written statement of reasons for the decision time mutually agreeable to the employee or PEF not them, but in no event later than 20 working thirty (30) calendar days following the upon receipt of the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decisionappeal. Such The appeal shall be in writing and shall include a copy of state the grievance filed at Step 1, a copy of reason or reasons why the Step 1 Superintendent's decision and a short plain written statement of the reasons for disagreement with the Step 1 decisionwas not satisfactory . The agency or department head or a designee Boa~d shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the render its decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. within ten (c10) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt said meeting. Any appeal of the Step 2 decision. Such appeal decision rendered by the Board shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision made within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designeefifteen (15) days. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Prior to initiating 35 36 Informal Level 37 38 Before filing a formal written grievance pursuant to this Articlegrievance, an employee or PEF is encouraged the grievant shall attempt 39 to resolve disputes subject to this Article informally the alleged grievance through an informal conference with the appropriate 40 xxxxxxxx's immediate supervisor. (a) . 43 44 1 Step One: The employee or PEF shall present the grievance to the facility or institution head or a designated representative not 1 2 No later than 30 calendar twenty (20) days after the date on which following the act or omission giving 4 rise to the grievance occurredor no later than twenty (20) days following the date 5 upon which the Member reasonably should have known of the act or 6 omission, the grievant must present such grievance in writing to the 7 immediate supervisor. 9 The facility or institution head or designated representative written grievance shall meet contain a statement of the grievance, 10 the provision(s) of the Agreement allegedly involved, and the remedy 11 sought. 13 The immediate supervisor shall communicate a written decision to 14 the Member within ten (10) days after receiving the grievance. Such 15 written decision shall contain an explanation of the decision rendered. 17 Within the above time limits, either party may request a personal 18 conference with the employee other party. 20 If the grievant is not satisfied with the disposition of the grievance at 21 this step, an appeal to the next step must be made in writing to the 22 appropriate personnel within ten (10) days after the decision is delivered 23 to the grievant. Failure to appeal within this time period shall serve as a 24 waiver of all appeal rights and the decision at this step shall be final and 25 binding. 27 Step 2 28 29 The Superintendent, or PEF his/her designee, shall consider the 30 grievance, render a decision within ten (10) days after receiving the 31 grievance, communicate a decision to the grievant in writing, and shall issue 32 provide a short plain written statement copy of reasons for the decision to the employee Association. This shall not preclude 33 the Superintendent, or PEF not later than 20 working days following his/her designee, from meeting and discussing the receipt of the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, 34 results with the agency or department head or grievant, but doing so does not mitigate the designee within 10 working days requirement 35 of placing the receipt of the Step 1 decision. Such appeal shall be decision in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decisionproviding copies as stated above. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. 37 Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to contain an explanation of the President of PEFDistrict's 38 position regarding the grievance. Either the grievant or the 39 Superintendent, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s his/her designee, by filing may request a demand for arbitration upon personal conference 40 to discuss the Director of grievance within the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decisionabove time limits. If the Step 3 decision has 41 Superintendent, or his/her designee, does not been issued respond within the above 42 time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievancelimits, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, grievance shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely automatically proceed to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75next step. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Prior to initiating a formal written grievance pursuant to this Article, an employee or PEF is encouraged to resolve disputes subject to this Article informally with the appropriate immediate supervisor. (a) Step One: The employee or PEF grievant, advocate and/or Union staff representative shall present a grievance orally or in writing to the grievant’s immediate supervisor within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time frame, the Union shall have the right to forward the grievance to the facility next step. Step Two: If no resolution or institution head settlement is reached between the grievant and the supervisor, the grievant or the Union may file a written appeal of the supervisor’s decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant, and the advocate or Union staff representative shall be held not later than 30 ten (10) calendar days after the date on which the act or omission giving rise to the grievance occurred. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working days following the receipt of the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appealwritten grievance. A copy of said written decision The appropriate Program Director’s response shall be forwarded issued to the President of PEF, or Union representative within fourteen (14) calendar days from the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt date of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties2 meeting. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator appropriate Program Director’s response shall be final and binding consistent on the employee, the Union, and the Employer, unless it is timely appealed to arbitration by the Union in accordance with this Article. MEDIATION (OPTIONAL): In the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves event the grievance is not resolved through the process at Level 1 or Level 2, the Union and the Employer may agree to mediate the grievance. Such notification must be sent to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. Employer within fifteen (615) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed Level 2 Designee’s decision has been issued or was due. Mediation shall be conducted by the arbitratorFederal Mediation and Conciliation Service (FMCS) or such mediator as the Parties may mutually agree, on a non-binding basis. Any grievance settlement reached in mediation, whether it represents a compromise between the Parties or a full granting or withdrawal of the grievance, shall be reduced to writing, signed by the Parties and shall be final and binding.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Prior to initiating a formal written A grievance pursuant to this Article, is defined as any dispute between the Company and an employee or PEF is encouraged to resolve disputes subject to group of employees concerning discipline or the interpretation or application of the terms of this Article informally with the appropriate immediate supervisorCollective Bargaining Agreement. Step 1 In the event any employee(s) covered by this Agreement has a grievance concerning a notice of discipline, any action or inaction of Management, or of the need for interpretation or application of this Agreement, he shall request a meeting to discuss the event giving rise with his immediate member of Management and with a Shop Xxxxxxx present, and prior to filing a written grievance as soon as reasonably possible but in no event later than fourteen (a14) days from the date the employee has knowledge of the alleged violation. If the conference between the employee, Shop Xxxxxxx and immediate member of Management does not resolve the dispute, the Shop Xxxxxxx may file a written grievance after the immediate member of Management has given his/her decision in writing to the employee(s). The time limit for Step One: 2 An employee desiring to challenge the decision rendered from the Step 1 meeting, shall, within seven (7) calendar days from the date of the Step 1 meeting, with or through his designated Shop Xxxxxxx, submit a written grievance setting forth, in detail, the matter being grieved and, where applicable, referring to the event giving rise in question. The employee grievance shall be submitted to the Regional DirectorDeputy Director of U.S. Operations, except that grievances challenging a Notice of Discipline involving a suspension or PEF termination shall present be submitted directly to the Director of Human Resources at Step 3. The Deputy Director of U.S. OperationsRegional Director or the Director of Human Resources as appropriate, or their designee, will render a written decision within fourteen (14) calendar days of receipt of the written grievance, which may be extended by mutual agreement of the parties. Step 3 If the grievance is not resolved in Step 2 above, the Shop Xxxxxxx may, within fourteen (14) calendar days of such denial, submit the grievance to the facility Director of Human Resources, or institution head or his designee. Upon receiving a designated representative not later than 30 calendar days after the date on which the act or omission giving rise to the grievance occurred. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working days following the receipt of the grievance. (b) Step Two: An 2 appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this AgreementShop Xxxxxxx, the Director of Human Resources will contact the Governor’s Office General Chairperson from District Lodge 142 to schedule a meeting of Employee Relations the parties to endeavor to reach a settlement of the issues. A hearing resulting in a termination (as referenced in paragraph B.7. above), and the President of PEF, or their designees, shall meet so appealed to agree upon a panel of arbitrators selected from lists submitted Step 3 by the partiesUnion, must be appealed in writing by the General Chairperson to the Director of Human Resources within fourteen (14) calendar days of the termination date. If no settlement is made, the Union will have the option of proceeding to Step 4 or the parties may also mutually agree to enlist the informal Grievance Mediation Service provided by the National Mediation Board as an alternative to Arbitration. Step 4 If the matter is not resolved in Step 3 above, is denied, the Union may file, within thirty (30) calendar days of such denial a written appeal to the System Board of Adjustment. The composition of the panel of arbitrators Appeal shall be agreed in such form and directed to by the State and PEF and such panel shall serve for individuals designated in Article 17. If no written appeal is submitted within the term of this Agreement. After receipt of the demand for arbitrationthirty (30) calendar day deadline, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case grievance shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision deemed denied and award solely may not proceed to the application and/or interpretation System Board of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75Adjustment. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 1 contract

Samples: Tentative Agreement

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Grievance Steps. Prior The following five (5)-step procedure is the exclusive remedy for employees and the Union concerning all matters arising under this Agreement. The designee of the Board, at each successive Step provided for in this procedure, shall be someone who has more authority than the person at the previous Step. Whenever the College-designated representative appears in more than one (1) Step because of the organizational structure of the College, the President shall designate some other person to initiating perform at the next succeeding Step level. If the President would be the appropriate College designee at Step 2, the President would designate some other person to act at that Step. The President of the College, or a formal selected representative, will always be the designated College representative in Step 3. Days, when used in this ARTICLE, refer to working days when the College is open. All grievances shall be processed as follows: STEP 1 An employee covered by this Agreement or the Union, in the case of any Union grievance, shall submit the grievance in writing to the immediate supervisor. The supervisor shall arrange for a meeting with the grievant and Union's designated representative within five (5) working days of receipt of the written grievance pursuant to this Articlefully discuss the subject matter thereof. The supervisor shall provide a written answer to the employee within five (5) working days after such meeting, an employee or PEF is encouraged to resolve disputes subject to this Article informally with and indicate the appropriate immediate supervisorperson to contact at the next Step. (a) Step One: The employee or PEF shall present STEP 2 If the grievance is not settled in Step 1 and the grievant or the Union, in the case of a Union grievance, wishes to appeal, the grievance may be referred by the grievant, in writing, to the facility department head of the division (or institution head or a to any other person designated representative not later than 30 calendar by the Board) within five (5) working days after the date on which answer in Step 1. Such grievance shall be signed by both the act individual grievant and/or the Union representative, normally the Grievance Chair. The department head of the division, or omission giving rise an appointed designee, shall discuss the grievance within five (5) working days with the grievant, the Union and the College, at a time mutually agreeable to the grievance occurredparties. The facility or institution If a settlement is reached pursuant to the provisions of this Step, the department head or designated representative shall meet with the employee or PEF and shall issue a short plain written statement agreement signed by the grievant, the department head and the Union representative. If no settlement is reached, the department head of reasons for the decision division or the duly appointed designee, shall give a written answer to the employee or PEF not later than 20 grievant and the Union within five (5) working days following their meeting, and indicate the receipt of appropriate person to contact at the grievancenext Step. (b) STEP 3 If the grievance is not settled in Step Two: An appeal from an unsatisfactory decision at Step 1 2 and the grievant or the Union desires to appeal, it shall be filed referred in writing by the employee or PEF, on forms to be provided by the State, with the agency or department head grievant or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and Union to the President of PEF the College, or the President’s designee no later than 20 a selected designee, within five (5) working days following receipt of after the department head's answer in Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the 2. The President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s duly appointed designee, shall, within 30 five (5) working days of the receipt of the Step 2 decision. Such appeal shall be in writingdays, and shall include a copy of discuss the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decisiongrievant and the Union representative at a time mutually agreeable to the parties. The Director If a settlement is reached pursuant to the provisions of this Step, the Governor’s Office of Employee RelationsPresident, or the Director’s duly appointed designee, shall issue a shortwritten agreement signed by the grievant, plain the President or designee and the Union representative. If no settlement is reached, the President, or the duly appointed designee, shall give a written statement answer to the grievant and the Union within ten (10) working days following their meeting and indicate the appropriate person to contact at the next Step. STEP 4 If the grievance is not settled in Step 3 and the grievant (s) desires to appeal, it shall be referred, in writing, to the Board of reasons for Trustees within five (5) working days after the decision answer in Step 3. The Board shall have the option of hearing the matter, but shall not be bound to do so except in grievances arising from suspensions or dismissal action. If the Board decides not to take up and hear the matter, it shall give its written answer to the grievant (s) and the Union within 30 five (5) working days of receipt of the appeal by the Board. If the Board decides to hear the matter, it shall meet within ten (10) school days of receipt of the appeal and shall discuss the grievance with the grievant (s) and the Union representative. The Board shall give its written answer to the Union within ten (10) working days after the date of the Board meeting. Use by any party of this Step 4 procedure is fully at the discretion of the grievant (s). STEP 5 If the grievance is not settled in accordance with the foregoing procedure, the Union may serve notice of intention to arbitrate within fifteen (15) working days after receipt of the appealanswer in Step 4. A copy of said written decision The Union shall be forwarded so communicate that intention, in writing, to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to College and the terms of this Article may be appealed to arbitration by PEFUnion, by its President or certified mail. Thereupon, the President’s designee, by filing a demand for arbitration parties shall attempt to mutually agree upon the Director of the Governor’s Office of Employee Relations an arbitrator within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 five (5) working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify notice of intention to arbitrate. In the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if event the parties are unable to agree, the agree upon an arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. within said five (5) Arbitrators working day period, the parties shall confine themselves immediately jointly request either the Federal Mediation and Conciliation Service (FMCS) or the American Arbitration Association (AAA) to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations submit a panel of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. seven (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense andarbitrators. The parties shall alternately strike, in such eventindividually, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt names of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.three

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Prior to initiating a formal written The following steps shall be followed in the processing of grievances: Step 1. The Part-time Faculty Member shall discuss the grievance pursuant to this Article, an employee or PEF is encouraged to resolve disputes subject to this Article informally with the appropriate immediate supervisor (e.g., Program Director or Department Chair). If the grievance is not satisfactorily adjusted within ten (10) calendar days from the grievance discussion with the supervisor. (a) Step One: The employee or PEF shall present , the Union may appeal the grievance to Step 2 if the facility or institution head or a designated representative not later than 30 calendar days after Union deems the date on which matter to be meritorious and chooses to proceed further. Step 2. Grievances filed at the act or omission giving rise to the grievance occurred. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working Step 2 level must be filed within fourteen (14) days following the receipt issuance of the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall decision. The Step 2 grievance must be filed by the employee or PEF, on forms to be provided by the State, with the agency relevant Xxxx or department head Vice President (or the designee respective authorized designee), and simultaneously filed with the University’s Director of Labor Relations (or authorized designee). If the grievance is filed within 10 working the time limits, the Xxxx or Vice President (or authorized designee) shall conduct a Step 2 meeting within fourteen (14) days of the receipt of the Step 1 decisionwritten appeal. Such appeal shall be in writing and shall include a copy of If the grievance filed is not resolved at the Step 12 meeting, a copy written response will be rendered by the University within fourteen (14) days of the Step 1 decision and a short plain written statement 2 meeting. Step 3. Grievances filed at the Step 3 level must be filed within fourteen (14) days following the issuance of the reasons for disagreement with the Step 1 2 decision. The agency or department head or a designee shall meet Step 3 grievance must be filed with the employee University’s Associate Xxxxxxx of Faculty Affairs (or PEF for a review authorized designee) and simultaneously filed with the University’s Director of Labor Relations (or authorized designee). If the grievance and is appropriately filed within the time limits, the Associate Xxxxxxx of Faculty Affairs (or authorized designee) shall issue conduct a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. 3 meeting within fourteen (c14) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decisionwritten appeal. Such appeal shall be in writing, and shall include a copy of If the grievance filed is not resolved at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of 3 meeting, a written response will be rendered by the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision University within 30 working fourteen (14) days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decisionmeeting. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Prior to initiating a formal written It is the intent of this Article that grievances be resolved at the earliest possible step of the grievance pursuant procedure and to this Article, an employee or PEF end full discussion and disclosure of all relevant non-privileged information is encouraged at all steps. Where such disclosure has not occurred the parties may agree to resolve disputes subject to this Article informally with the appropriate immediate supervisor. (a) Step One: The employee or PEF shall present remand the grievance to the facility or institution head or a designated representative not later than 30 calendar days previous step. With the employee’s written permission, toxicology reports resulting from drug tests will be released to the Union. Grievances shall be processed in accordance with the following procedure: Immediate Supervisor 1. The complaint shall be initiated as soon as possible after the date on which occurrence of the act or omission condition complained of and no later than fourteen (14) calendar days from the date the employee became aware or, by the exercise of reasonable diligence should have been aware, of the occurrence giving rise to the grievance occurredcomplaint. 2. The facility complaint will be initiated by a discussion between the employee, with or institution head without a xxxxxxx at the employee’s discretion, and the employee’s immediate supervisor. Grievances concerning dismissal, demotion, suspension or layoff procedure shall be initiated as provided in Section E. 3. Every reasonable effort will be made to settle promptly at this point through discussion. 4. A settlement at Step One shall be reduced to writing, but will not be precedent setting. 5. The immediate supervisor shall render an oral response within five (5) calendar days from the date the discussion was held. 6. The immediate supervisor and the employee shall verify the date the oral discussion was held and the date the oral response was seven. 7. If a mutually satisfactory settlement has not been made, a grievance may be submitted at Step Two. 8. If the employee has elected Union representation, the Union representative is authorized to discuss the complaint. Grievance Reduced to Writing and Submitted to Intermediate Supervisor, providing such supervisor is not the immediate (step one) supervisor. 1. The grievance shall be reduced to writing and must be presented to the designated representative intermediate supervisor, by the designated Local Union Representative, chief xxxxxxx, or job site xxxxxxx in chief xxxxxxx’x absence within fourteen (14) calendar days of the date the immediate supervisor responded to the complaint. 2. The written grievance must be on the prescribed form, mutually agreed upon by the parties. The grievance form must be fully completed and include the employee’s signature. Once the grievance is reduced to writing, the text of such grievance shall remain unaltered as the grievance progresses through further steps. 3. The designated intermediate supervisor, shall meet with the employee or PEF grievant and chief xxxxxxx to discuss the grievance. 4. The designated intermediate supervisor shall issue a short plain written statement respond, in writing, within seven (7) calendar days following receipt of reasons the grievance. The response shall include the reason for the decision decision. Agency Head 1. If the grievance is not resolved at Step Two the Union may appeal the grievance to the employee agency head. Such an appeal shall be made within fourteen (14) calendar days of the Step Two response or PEF not later than 20 working expiration of the time limit for resolution at Step Two. 2. The agency head or designee will meet with the Local Union Representative and conduct such investigations as deemed necessary to render a decision. 3. The agency head or designee will render a decision, in writing, within twenty-one (21) calendar days following from the receipt of the grievance.. The response shall include the reason for the decision. The response will be sent to the Local Union Representative. State Personnel Director (b) Step Two: An appeal from an unsatisfactory decision 1. If the grievance is not resolved at Step 1 Three the Union may appeal the grievance to the State Personnel Director. Such an appeal shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee made within 10 working fourteen (14) calendar days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decisionThree response. 2. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designeedesignee shall discuss the grievance with the designated Representative of the International UAW, AFT within 30 working thirty- one (31) calendar days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to If necessary, either party may convene the President of PEFgrievance committee, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievancehowever, the department or agency involved, the employee or employees involved, and the specific term or provision committee shall not be convened more than twice a month unless agreed to by both parties. The grievance committee shall consist of the Agreement alleged to have been violated. not more than three (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to Management Representatives designated by the State Personnel Director and PEF and such panel shall serve for the term of this Agreement. After receipt three (3) Representatives of the demand for arbitrationUnion as designated by the International UAW, AFT, to consider the parties shall meet to select an arbitrator from this panelgrievance. 3. The essential method of selection of Director or the arbitrator for Director’s designee shall render a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Prior Section 20.2.1 The employee shall first discuss or email the grievance with his/her immediate supervisor. If the employee wishes, he/she may be accompanied by an A.P.E.O. representative at such discussion. All grievances not brought to initiating a formal written the immediate supervisor in accordance with the preceding sentence within twenty (20) District business days of the occurrence of the grievance pursuant to this Article, an employee or PEF is encouraged to resolve disputes shall be invalid and subject to this Article informally with the appropriate immediate supervisorno further processing. Section 20.2.2 If the grievance is not resolved after ten (a10) Step One: The employee or PEF shall present District business days of submission of the grievance to the facility or institution head or supervisor as per Section 20.2.1 to the employee's satisfaction in accordance with the preceding sub-section, the employee shall reduce to writing a designated representative not later than 30 calendar days after statement of the date grievance, containing the following: A. The facts on which the act or omission giving rise grievance is based; B. Reference to the provisions in this agreement which have been allegedly violated; C. The remedy sought. Section 20.2.3 Within ten (10) District business days after meeting with the immediate supervisor, the employee shall submit the written statement of grievance to his/her supervisor for consideration and shall submit a copy to the Superintendent. The parties will have ten (I 0) District business days from submission of the written statement of grievance to resolve it by indicating on the statement of grievance the disposition. If an agreeable disposition is made, all parties to the grievance occurred. The facility or institution head or designated representative shall meet with sign it. Section 20.2.4 If no settlement has been reached within ten (10) District business days of the employee or PEF submission of the grievance to his/her supervisor and shall issue Superintendent, and the A.P .E.O. believes the grievance to be valid, a short plain written statement of reasons for the decision grievance shall be submitted within five (5) District business days to the District Board of Directors. After such submission, the parties will have thirty (30) District business days from submission of the written statement of grievance to resolve it by indicating on the statement of grievance and signing it. The Board of Directors reserves the right to summon the employee or PEF not later than 20 working days following for an oral statement of the receipt grievance. The employee reserves the right to appear before the Board of Dfrectors to explain the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by Section 20.2.5 At any appearance before the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days Board of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involvedDirectors, the employee may be accompanied by an A.P.E.O. representative or employees involved, designee. Section 20.2.6 If no settlement has been reached within the thirty (30) District business days referred to in Section 20.2.4 and the specific term or provision A.P.E.O. believes the grievance to be valid, the employee may demand arbitration of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations grievance. The A.P.E.O. and the President of PEF, or their designees, District shall meet attempt to agree upon on an arbitrator. If agreement is not achieved, then a panel of arbitrators selected from lists submitted by the parties. The composition of the panel list of arbitrators shall be agreed to by requested from the State American Arbitration Association (AAA), or the Federal Mediation and PEF and such panel Conciliation Service (FMCS). Such request shall serve for state the term of this Agreement. After receipt general nature of the demand for arbitration, case and shall be processed in accordance with the current AAA rules. tfhe parties shall meet to select an arbitrator thereupon alternate in striking a name from this panelthe panel until one name remains. The essential method of selection of the arbitrator for a particular case tfhe person who remains shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.. APEO/ASD 2020-2022 Colle«ive Bargaining Agreement

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Prior to initiating a formal written ‌ A grievance pursuant to this Article, an employee or PEF is encouraged to resolve disputes subject to this Article informally shall be presented and adjusted in accordance with the appropriate immediate supervisor. (a) steps outlined below. Step One: The employee or PEF shall present One‌ In the event the matter is not resolved informally, the grievance may be submitted in writing to the facility or institution department head or a designated representative not later than 30 calendar days after the date on which the act or omission giving rise to who shall hear the grievance occurred. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue render a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working days following the receipt of the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency grievant may be represented by the shop xxxxxxx or department head or a designee shall meet with the employee or PEF for a review of Union business agent. Step Two‌ 1. If the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision is not resolved satisfactorily at Step 2 shall One, it may be filed by PEF through its President or the President’s designee, on forms appealed to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decisionHuman Resources. The Director of the Governor’s Office of Employee Relations, Labor Relations or the Director’s his/her designee, shall issue will convene a short, plain written statement of reasons for the decision hearing within 30 working twenty-one (21) calendar days after receipt of the appealsuch grievance. A copy The Director of said Labor Relations or his/her designee shall render a written decision within twenty-one (21) calendar days from the date of the conclusion of such hearing. The staff member may be represented at such hearing by the Local Union President or his designee. The decision rendered herein shall be forwarded final except as provided below. 2. Discipline that is grieved in accordance with Step Two of the grievance procedure shall be stayed until the issuance of a Step Two decision. Such grieved discipline may not be referred to or relied upon in any evaluation, promotional decision or subsequent disciplinary charge, other than termination, until the grieved discipline has been resolved through Step Two. Grieved discipline shall be considered resolved through Step Two after the Vice President of PEFHuman Resources or his/her representative has held a hearing and rendered a decision in accordance with that step of the grievance procedure. This provision shall not apply to: 1) Disciplinary demotion, discharge or suspensions pending an investigation; 2) Discipline for conduct which demonstrates a threat to property or the President’s designee. (d) health and safety of the grievant, University staff or the public. In the event that an employee serves any portion of a suspension prior to filing a grievance concerning that suspension, only the balance of the suspension will be stayed and there shall be no entitlement to reimbursement or reinstatement for the days served unless and until the grievance is sustained. If subsequent offenses occur while a Step Four: Arbitration: (1) Contract Two grievance is pending, multiple grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or addressed at the President’s designee, by filing a demand for arbitration upon same hearing. Step Three Arbitration‌ 1. In the Director of event that the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision grievance has not been issued within satisfactorily resolved in Step Two, and the time period for grievance either involved an alleged violation of the issuance Agreement as described in the definition of such decision, a demand grievance in A.1 above or in the case of discipline involves the following contemplated or implemented penalties: 1) Suspension of five days or more at one time 2) Demotion 3) Discharge then a request for arbitration may be filed brought only by the Union through its President of PEF or within twenty-one (21) calendar days from the President’s designee at any time after expiration of date the time period established for the issuance of Union received the Step 3 Two decision, except that in no case may by mailing a demand written request for arbitration to the Director of Labor Relations. If mutually agreed a small case pre-arbitration conference may be filed later than 15 working days after receipt of scheduled to frame the Step 3 decision. (2) The demand issue or issues. All communications concerning appeals and decisions shall be made in writing. A request for arbitration shall identify contain the names of the University Department and the staff member involved, copies of the original grievance, the department or agency involved, the employee or employees involvedappeal documents, and written decisions rendered at the specific term or provision lower steps of the Agreement alleged to have been violatedgrievance proceeding. (3) Within 2. Arbitrators shall be selected, on a reasonable time after case-by-case basis, under the effective date of this Agreement, the Director selection procedure of the Governor’s Office of Employee Public Employment Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the partiesCommission. 3. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agreeIn non-disciplinary matters, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall not have no the power to add to, subtract from from, or modify the terms provisions of this Agreement or provisions laws of the State, or any written policy of the State or sub-division thereof or of the University, and shall confine his decision solely to the interpretation and application of this Agreement. They He shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves himself to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them him, nor shall they make observations be final and binding, consistent with applicable law and this Agreement. In no event shall the same question or declarations issue be the subject of opinion which are arbitration more that once. The arbitrator may prescribe and appropriate back pay remedy when he finds a violation of this Agreement. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this Agreement. Rules, regulations, formal policies or orders of the State or the University shall not essential in reaching be subject to revision by the determination. (6) All arbitrator except if specifically provided herein. The fees and expenses of the arbitrator and recording of the procedure shall be divided equally between the parties. Each party shall bear the Any other cost of preparing and presenting its own casethis proceeding shall be borne by the party incurring the cost. (7) Any party requesting a transcript at an arbitration hearing 4. Arbitrators in disciplinary matters shall confine themselves to determinations of guilt or innocence and the appropriateness of penalties and shall neither add to, subtract from, nor modify any of the provisions of this Agreement by any award. The arbitrator's decision with respect to guilt, innocence or penalty shall be final and binding upon the parties. In the event the arbitrator finds the staff member guilty, he may provide for one at its expense andapprove the penalty sought or modify such penalty as appropriate to the circumstances, in accord with discipline as set forth in paragraph C, above. Removal from service shall not be substituted for a lesser penalty. In the event the arbitrator finds the staff member guilty, he may approve the penalty sought or modify such eventpenalty as appropriate to the circumstances, in accord with discipline as set forth in paragraph C, above. Removal from service shall not be substituted for a lesser penalty. In the event the arbitrator finds the staff member innocent or modifies a penalty, he may order reinstatement with back pay for all or part of period of suspension or reduction in grade for all or part of a period of suspension or reduction in grade for all or part of the period that the staff member was dismissed from service. The arbitrator may consider any period of suspension served or the period that the staff member was dismissed from service in determining the penalty to be imposed. Should the arbitrator's award provide reinstatement with back pay for all or part of a copy to period of suspension, termination of service or reduction in grade, the staff member may be paid for the hours he would have worked in his normally scheduled work week, at his normal rate of pay, but not exceeding 40 hours per week or eight hours per day, less any deductions required by law or other offsetting income, for the back pay period specified by the arbitrator. The arbitrator's decision shall contain a short statement of the nature of the proceedings, the positions of the parties and specific findings and conclusions of facts. In addition, the arbitrator's decision shall discuss any of the testimony, evidence or positions of the parties which merit special analysis. The fees and expenses of the arbitrator and recording of the procedure shall be divided equally between the parties. Any other cost of this proceeding shall be borne by the party without incurring the cost. 5. The arbitrator shall hold the hearing at a time and place convenient to the parties within thirty (a30) The arbitration hearing calendar days of his acceptance to act as arbitrator and shall be held issue his decision within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. thirty (b30) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed close of the hearing. 6. In both disciplinary and non-disciplinary cases, a neutral arbitrator may head and decide only one grievance during one arbitration proceeding unless otherwise mutually agreed in writing by the arbitratorparties. In the event either party asserts the grievance is barred or waived by the grieving party's failure to follow procedures or adhere to the time limits specified in this Article, the neutral arbitrator selected in accordance with the provisions contained herein, shall render a decision as to the waiver or bar of the issue prior to any hearing on the merits of the grievance, unless the parties agree in writing otherwise.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Prior to initiating a formal written grievance pursuant to this Article, an employee or PEF is encouraged to resolve disputes subject to this Article informally with the appropriate immediate supervisor. (a) Step One: The Immediate Supervisor: Any employee or PEF shall present who feels they have a grievance may take up the grievance to the facility or institution head or a designated representative not later than 30 calendar with his/her immediate supervisor within ten (10) days after of the date on upon which the act employee became aware of it, or omission giving rise to within ten (10) days from the grievance occurreddate of its occurrence. The facility or institution head or designated representative immediate supervisor shall meet with inquire regarding the employee or PEF and shall issue a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working days following the receipt background of the grievance, as needed, and shall attempt to arrange a mutually satisfactory settlement of the grievance on an oral or informal basis within ten (10) days. (b) Step Two: An appeal from an unsatisfactory decision at Library Director. If the grievance has not been resolved through Step 1 shall One, the grievance will be filed submitted in writing to the Library Director within five (5) days following the conclusion of Step One. The Library Director may, within five (5) days of notification of the grievance by the employee or PEFhis/her representative, on forms to schedule a meeting between the Union, the Library and the affected employee(s). A decision will be provided rendered by the StateLibrary Director or his/her designee, with in writing, within ten (10) days following the agency meeting by the Library Director or department head his/her designee or the designee within 10 working days of the receipt filing of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee Two Grievance if no later than 20 working days following receipt of the Step 1 appealmeeting is necessary. (c) Step Three: An appeal from an unsatisfactory Library Board of Trustees. If the grievance has not been resolved, it may be submitted, within ten (10)days of the decision at Step 2 shall be filed by PEF through its President or the President’s designeeTwo, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEFthe Board of Trustees or his/her designee. The Library Board of Trustees may, within twenty (20) days of notification of the grievance, schedule a meeting between the Board or a committee of the Board, the Union and the affected employee(s). A decision will be rendered by the Board or a committee thereof, in writing, within twenty (20) days following the meeting by the Board or the President’s designeefiling of the Step Three Grievance if no meeting is held. (d) Step Four4: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to Arbitration If the terms of this Article grievance has not been resolved at Step 3, it may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations submitted within 15 working twenty (20) days of the receipt of the decision at Step 3 decisionThree to Arbitration. If the Step 3 decision The Arbitrator is specifically excluded from hearing or ruling on any grievance that has not been issued within the time period for the issuance of such decision, a demand for arbitration may be timely filed at any step by the President of PEF or Union, however, where there is a dispute as to whether a grievance has been timely filed, that issue shall be subject to determination by the President’s designee at any time after expiration arbitrator in advance of the time period established for the issuance arbitration hearing. The cost of the Step 3 decision, except that in no case may a demand for arbitration hearing shall be filed later than 15 working days after receipt of borne equally by the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, Union and the specific term or provision of Library. The Arbitrator must be selected from a list submitted by PERC which is mutually agreed upon by both the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations Library and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the partiesUnion. The composition of Arbitrator may design any remedy he/she sees fit so long as it is consistent with the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They The Arbitrator shall confine their decision and award solely to the application and/or interpretation be prohibited from adding to, deleting or modifying any provision of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration , and shall have no authority to determine any other issues not so submitted hear a grievance that has been filed on an untimely basis by the Union, however, where there is a dispute as to them nor whether a grievance has been timely filed, that issue shall they make observations or declarations of opinion which are not essential be subject to determination by the arbitrator in reaching the determination. (6) All fees and expenses advance of the arbitrator arbitration hearing. The arbitrator’s ruling is final and binding. Nothing in this Agreement shall be divided equally between partiesconstrued as compelling the Union to submit a grievance to arbitration. Each party The Union’s decision to request the movement of a grievance to arbitration or to terminate the grievance prior to submission to arbitration shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy be final as to the arbitrator interests of the grievant and the other party without costUnion. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Prior to initiating a formal written The following steps shall be followed in the processing of grievances: 1. The Part-time Faculty Member shall discuss the grievance pursuant to this Article, an employee or PEF is encouraged to resolve disputes subject to this Article informally with the appropriate immediate supervisor (e.g., Program Director or Department Chair). If the grievance is not satisfactorily adjusted within ten (1 0) calendar days from the grievance discussion with the supervisor. (a) Step One: The employee or PEF shall present , the Union may appeal the grievance to Step 2 if the facility or institution head or a designated representative not later than 30 calendar days after Union deems the date on which matter to be meritorious and chooses to proceed further. 2. Grievances filed at the act or omission giving rise to the grievance occurred. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working Step 2 level must be filed within fourteen (1 4) days following the receipt issuance of the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall decision. The Step 2 grievance must be filed by the employee or PEF, on forms to be provided by the State, with the agency relevant Xxxx or department head Vice President (or the designee respective authorized designee), and simultaneously filed with the University's D irector of Labor Relations (or her/his designee). If the grievance is filed within 10 working the time limits, the Xxxx or Vice President (or authorized designee) shall conduct a Step 2 meeting within fourteen (14) days of the receipt of the Step 1 decisionwritten appeal. Such appeal shall be in writing and shall include a copy of If the grievance filed is not resolved at the Step 12 meeting, a copy written response will be rendered by the University within fourteen (1 4) days of the Step 1 decision and a short plain written statement 2 meeting. 91 3. Grievances filed at the Step 3 level must be filed within fourteen (14) days following the issuance of the reasons for disagreement with the Step 1 2 decision. The agency or department head or a designee shall meet Step 3 grievance must be filed with the employee University's Associate Xxxxxxx of Faculty Affairs (or PEF for a review authorized designee) and simultaneously filed with the University's Director of Labor Relations (or her/his designee). If the grievance and is appropriately filed within the time limits, the Associate Xxxxxxx of Faculty Affairs (or authorized designee) shall issue conduct a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. 3 meeting within fourteen (c14) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decisionwritten appeal. Such appeal shall be in writing, and shall include a copy of If the grievance filed is not resolved at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of 3 meeting, a written response will be rendered by the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision University within 30 working fourteen (14) days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decisionmeeting. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Prior to initiating a formal written grievance pursuant to this Article, an employee or PEF is encouraged to resolve disputes subject to this Article informally with Step 1. Within ten (10) days of the appropriate immediate supervisor. (a) Step One: The employee or PEF shall present the grievance to the facility or institution head or a designated representative not later than 30 calendar days after the date on which the act or omission incident giving rise to the grievance, or from the date the employee shall have become aware of the incident with the exercise of reasonable diligence, the grievant shall file a written grievance occurredwith the first line supervisor outside of the bargaining unit. Only one subject matter shall be covered in any one grievance. The facility or institution head or designated representative grievance shall meet with contain a clear and concise statement of the employee or PEF facts giving rise to the grievance, the issue involved, the relief sought and specific references to this Agreement when appropriate. Within ten (10) days of receipt of the grievance, the first line supervisor shall issue a short plain written statement decision and serve a copy on the grievant and on IFPE. Step 2. If dissatisfied with the Step 1 decision, IFPE may appeal to Step 2 within five (5) days of reasons for receipt of the Step 1 decision or the date such decision was due, whichever is earliest, by filing a copy of the grievance with the agency head. The agency head, or his/her designee, shall schedule a meeting to discuss the grievance with the IFPE in an attempt to resolve the grievance unless the parties agree otherwise. Such meeting shall be held within fifteen (15) days of receipt of the grievance. Within ten (10) days after such meeting, the agency head shall issue a written decision and serve a copy on the grievant and on IFPE. If no meeting is held, the Agency Head or his/her designee shall respond in writing to the employee or PEF not later than 20 working grievance within fifteen (15) days following the of receipt of the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, 3. If dissatisfied with the agency Step 2 decision, or department head or if no decision is issued within the designee within 10 working days specified time limit, IFPE may appeal to the Director by submitting a written notice of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include with a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. attached within ten (c10) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 2 decision or the date such decision was due. Failure to file to Step 3 decision. (2) The demand for arbitration shall identify within the grievanceprescribed time limits, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designeesunless mutually agreed otherwise, shall meet result in the grievance being resolved pursuant to agree upon a panel the Step 2 decision. Within ten (10) days of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitrationStep 3 appeal the Director, or his/her designee, the parties shall meet schedule a meeting to select an arbitrator from this panelattempt to resolve the grievance. The essential method of selection of If the arbitrator for a particular case shall be by agreement and, if the parties are unable to agreegrievance is not resolved, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators IFPE shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. five (5) Arbitrators shall confine themselves days to request, in writing, that the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so grievance be submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the independent arbitrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Prior The following five (5) -step procedure is the exclusive remedy for employees and the Union concerning all matters arising under this Agreement. The designee of the Board, at each successive Step provided for in this procedure, shall be someone who has more authority than the person at the previous Step. Whenever the College-designated representative appears in more than one (1) Step because of the organizational structure of the College, the President shall designate some other person to initiating perform at the next succeeding Step level. If the President would be the appropriate College designee at step 2, the President would designate some other person to act at that step. The President of the College or a formal selected representative will always be the designated College representative in Step 3. Days, when used in this ARTICLE refer to working days when the College is open. STEP 1 An employee covered by this Agreement or the Union, in the case of any Union grievance, shall submit the grievance in writing to the immediate supervisor. The supervisor shall arrange for a meeting with the grievant and the Unions designated representative within five (5) working days of receipt of the written grievance to fully discuss the subject matter thereof. The supervisor shall provide a written answer to the employee within five (5) working days after such meeting and indicate the appropriate person to contact at the next step. STEP 2 If the grievance is not settled in Step 1 and the grievant or the Union in the case of a Union grievance wishes to appeal, the grievance may be referred by the grievant in writing, to the Department head of the division (or to any other person designated by the Board) within five (5) working days after the answer in Step 1. Such grievance shall be signed by both the individual grievant and or the Union representative. The department head of the division or an appointed designee, shall discuss the grievance within five (5) working days with the grievant, the Union and the College at a time mutually agreeable to the parties If a settlement is reached pursuant to the provisions of this ArticleStep, an employee the department head shall issue a written agreement signed by the grievant, the department head and the Union representative. If no settlement is reached, the department head of the division or PEF the duly appointed designee shall give a written answer to the grievant and the Union within five (5) working days following their meeting and indicate the appropriate person to contact at the next step. STEP 3 If the grievance is encouraged not settled in Step 2 and the grievant or the Union desires to resolve disputes subject appeal, it shall be referred, in writing, by the grievant or the Union to this Article informally the President of the College or a selected designee within five (5) working days after the answer in step 2. The President or the duly appointed designee shall within five (5) working days, discuss the grievance with the grievant and the Union representative at a time mutually agreeable to the parties. If a settlement is reached pursuant to the provisions of this step, the President or the duly appointed designee shall issue a written agreement signed by the grievant, the President or designee and the Union representative. If no settlement is reached, the President or the duly appointed designee shall give a written answer to the grievant and the Union within ten (10) working days following their meeting and indicate the appropriate immediate supervisorperson to contact at the next Step. (a) Step One: The employee or PEF shall present STEP 4 If the grievance is not settled in Step 3 and the grievant(s) desires to appeal, it shall be referred, in writing to the facility Board of Trustees within five (5) working days after the answer in Step 3. The Board shall have the option of hearing the matter, but shall not be bound to do so except in grievances arising from suspensions or institution head or a designated representative dismissal action If the Board decides not later than 30 calendar to take up and hear the matter, it shall give it’s written response to the grievant and the Union within five (5) working days of receipt of the appeal by the Board. If the Board decides to hear the matter, it shall meet within ten (10) school days of receipt of the appeal and shall discuss the grievance with the grievant (s) and the Union representative. The Board shall give it’s answer to the Union within ten (10) working days after the date on which of the act or omission giving rise to Board meeting. Use by any party of this Step 4 procedure is fully at the discretion of the grievant(s). STEP 5 If the grievance occurred. The facility or institution head or designated representative shall meet is not settled in accordance with the employee or PEF foregoing procedure, the grievant and shall issue a short plain written statement the Union may serve notice of reasons for the decision intention to the employee or PEF not later than 20 working days following the receipt of the grievance. arbitrate within fifteen (b15) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appealanswer in Step 4. A copy of said written decision The party seeking arbitration shall be forwarded so communicate that intention, in writing, to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to College and the terms of this Article may be appealed to arbitration by PEFUnion, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decisioncertified mail. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitrationThereupon, the parties shall meet attempt to select mutually agree upon an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.five

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Prior Grievances shall be handled in the following manner: grievance orally to initiating a formal written the grievant’s immediate supervisor within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance pursuant within ten (10) calendar days of the presentation to this Article, an employee or PEF is encouraged agree to resolve disputes subject the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this Article informally with time frame, the appropriate immediate supervisor. (a) Step One: The employee or PEF Union shall present have the right to forward the grievance to the facility next step. supervisor, the grievant or institution head the Union may file a written appeal of the supervisor’s decision rendered in Step One to the appropriate Program Director or a his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt of the supervisor’s decision from Step One. A meeting with the Program Director or his/her representative, the grievant and the advocate or Union staff representative shall be held not later than 30 ten (10) calendar days after the date on which the act or omission giving rise to the grievance occurred. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working days following the receipt of the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appealwritten grievance. A copy of said written decision The Program Director’s response shall be forwarded addressed to the President of PEF, or grievant and the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to Union no later than 14 calendar days from the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt date of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties2 meeting. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator Program Director’s response shall be final and binding consistent on the employee, the Union, and the Employer unless it is timely appealed to arbitration by the Union in accordance with this Article. Grievances concerning discharge or discrimination, or grievances filed by the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator Union shall be divided equally between partiesfiled initially at Step Two. Each party shall bear Group grievances claiming the cost of preparing same alleged conduct involving employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging the same violation that are filed during the same time frame may be combined into a group grievance and presenting its own casecommenced at Step Two. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Prior A. Step One – An attempt shall be made to initiating resolve any grievance in informal verbal discussion between complainant and his or her principal. B. Step Two – If the grievance cannot be resolved informally, the grievant shall file the grievance in writing and, at a formal mutually agreeable time, discuss the matter with the principal. The written grievance pursuant to this Article, an employee or PEF is encouraged to resolve disputes subject to this Article informally with shall state the appropriate immediate supervisor. (a) Step One: The employee or PEF shall present the grievance to the facility or institution head or a designated representative not later than 30 calendar days after the date on which the act or omission giving rise to the grievance occurred. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working days following the receipt nature of the grievance. (b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and note the specific term clause or provision clauses of the Agreement alleged to have been violated, and shall state the remedy requested. The filing of the formal written grievance at the second step must be within 10 school days from the date of the occurrence of the event giving rise to the grievance. The principal shall make a decision on the grievance and communicate it in writing to the grievant and the Superintendent within 10 school days after the receipt of the grievance. (3) Within C. Step Three – In the event a reasonable time after grievance has not been satisfactorily resolved at the effective date of this Agreementsecond step, the Director grievant shall file, within 10 school days of the Governorprincipal’s Office written decision at the second step, a copy of Employee Relations the grievance with the Superintendent. Within 10 school days after such written grievance is filed, the aggrieved and the President of PEF, Superintendent or their designees, designee shall meet to agree upon a panel of arbitrators selected from lists submitted by resolve the partiesgrievance. The composition Superintendent or designee shall file an answer within 10 school days of the panel of arbitrators third step grievance meeting and communicate it in writing to the grievant and the principal. D. Step Four – It the grievance is not resolved satisfactorily at the third step, the grievant shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt file, within 10 school days of the demand for arbitrationSuperintendent’s written decision at the third step, a copy of the grievance with the Board President. Within 20 school days after such written grievance is filed, the parties aggrieved and the Board of Education shall meet to select an arbitrator from this panelresolve the grievance. The essential method of selection Board President shall file an answer within 10 school days of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision fourth step grievance meeting and award solely communicate it in writing to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator grievant and the other party without costSuperintendent. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Prior to initiating a formal written Step 1: Employees shall first discuss the grievance pursuant to this Article, an employee or PEF is encouraged to resolve disputes subject to this Article informally with the appropriate immediate supervisor. (a) Step One: The employee Athletic Director or PEF shall present the grievance Principal. All grievances not brought to the facility Athletic Director or institution head or a designated representative not later than 30 calendar Principal in accordance with the preceding sentence within twenty (20) days after of the date on which occurrence of the act or omission event giving rise to the grievance occurredshall be invalid and subject to no further processing. Step 2: If the grievance is not resolved to the employee’s satisfaction in accordance with Step 1, the employee shall reduce to writing a statement of the grievance containing the following: a. The facts on which the grievance is based; and b. a reference to the provision(s) of this Agreement which have allegedly been violated; and c. the remedy sought. The facility or institution head or designated representative employee shall meet with the employee or PEF and shall issue a short plain submit this written statement of reasons for grievance within ten (10) days of the decision informal Step 1 meeting to the employee or PEF not later than 20 working Athletic Director. The Athletic Director shall hold a formal Step 2 hearing within ten (10) days following the of receipt of the written statement of grievance. . Within five (b5) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of hearing, the Step 1 decision. Such appeal Athletic Director shall be respond to the grievance in writing and shall include a copy of submit such response to the grievance filed grievant . Step 3: If no settlement has been reached at Step 1, a copy of the Step 1 decision and a short plain 2 level, the written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal. (c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, submitted within 30 working ten (10) days of the receipt of the Step 2 decision. Such appeal response to the The Superintendent/designee shall be in writing, and shall include hold a copy formal Step 3 hearing within ten (10) days of receipt of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decisiongrievance. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee. Within five (d5) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt hearing, the Superintendent/designee shall respond to the grievance in writing and submit such response to the grievant. No grievance will advance to the Superintendent without Association endorsement. Step 4: If the grievance is not resolved with the decision of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievanceSuperintendent, the department or agency involvedAssociation shall, within 30 calendar days, file for binding arbitration with the employee or employees involvedPublic Employment Relations Commission, and if during the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date first two years of this Agreement, and with the Director of American Arbitration Association if during the Governor’s Office of Employee Relations third and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation subsequent years of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each non-prevailing party shall bear the cost all costs of preparing and arbitration, except each party shall bear its own costs (e.g., attorney fees) incurred in presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Prior to initiating a formal 1. Step 1 a. Within the time limits indicated elsewhere in this Article the employee or his/her representative, if any, shall provide the written grievance pursuant on the approved form to this Articlethe designated campus grievance official. The time limits relative to the University's response to the grievance at Step 1 of the Grievance Procedure shall begin on the date the Step 1 grievance official receives the grievance. The University Step 1 grievance official shall acknowledge receipt of the grievance in writing. When a grievance form is hand delivered, an employee acknowledgment can, on request of the Union, take the form of date stamping the form, signing it, making a copy and giving the copy to the grievant or PEF his/her representative. Any grievance that is encouraged to resolve disputes subject to not received within the time limits established by this Article informally and/or which does not comply with the appropriate immediate supervisorprocedures and requirements of this Article shall be considered waived and withdrawn by the employee and/or the Union. b. The immediate supervisor shall review the grievance and, at his/her discretion, meet with the grievant and/or the grievant's representative, if any, to discuss the grievance. Within fifteen (a15) calendar days after receipt of the grievance a written response will be issued to the employee and the employee's representative. If the University's written response is not issued within these time limits or if the grievance is not resolved at Step One: 1 of the Grievance Procedure, the grievance may be appealed to Step 2. Time limits for appealing a UC written answer, or the absence of a written response, are provided in § C. above. c. Resolution of the grievance at Step 1, although final, shall not be precedent setting. d. As set forth in Section I. below, the parties may agree in writing to waive Step 1 and proceed directly to Step 2. 2. Step 2 a. The employee or PEF the employee’s representative shall present submit the grievance written appeal to the facility or institution head or designated campus official. The campus official to whom Step 2 appeals must be presented shall be a designee of the Chancellor of the campus. b. The designated representative not later than 30 campus official must receive the written appeal within fifteen (15) calendar days after of the date on which the act written response to Step 1 was given or omission giving rise to the grievance occurred. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working days following the receipt of the grievancedue. c. Within fifteen (b15) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working calendar days following receipt of the Step 1 2 appeal, the designated campus official shall schedule and convene a meeting with the employee and the employee's representative, if any, to attempt to resolve the grievance. During this Step 2 meeting, both parties shall discuss information and contentions relevant to the grievance. d. Within fifteen (c15) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working calendar days of the receipt of following the Step 2 meeting, the designated campus official shall issue a written decision indicating the University's answer to the grievance. A copy of the decision shall be provided to the grievant and his or her representative, if any, and Proof of Service shall accompany the written decision. Such appeal shall be For grievances described in writingSection H.2.f., and shall include below, a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall also be forwarded provided to the President of PEF, or the President’s designee. AFSCME Higher Education Division (d) Step Four: Arbitration: (1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision. (2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated. (3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot. (4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75. (5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination. (6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case. (7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost. (a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable. (b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.Local 3299)

Appears in 1 contract

Samples: Service Agreement

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