Common use of Grievance Steps Clause in Contracts

Grievance Steps. 35 36 Informal Level 37 38 Before filing a formal written grievance, the grievant shall attempt 39 to resolve the alleged grievance through an informal conference with the 40 xxxxxxxx's immediate supervisor. 41 43 44 1 Step 1 3 No later than twenty (20) days following the act or omission giving 4 rise to the grievance or 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 written grievance shall 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 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 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 32 provide a copy of the decision to the Association. This shall not preclude 33 the Superintendent, or his/her designee, from meeting and discussing the 34 results with the grievant, but doing so does not mitigate the requirement 35 of placing the decision in writing and providing copies as stated above. 37 Such written decision shall contain an explanation of the District's 38 position regarding the grievance. Either the grievant or the 39 Superintendent, or his/her designee, may request a personal conference 40 to discuss the grievance within the above time limits. If the 41 Superintendent, or his/her designee, does not respond within the above 42 time limits, the grievance shall automatically proceed to the next step.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Grievance Steps. 35 36 Informal Level 37 38 Before filing ‌ Step I‌ The complaint must be presented to the Employer in writing within twenty-one (21) calendar days from the date of the event giving rise to the concern, or the date the event became known or should have been known. Generally, a formal grievance will initially be submitted to the Department Head responsible for the department in which the grievant works. Upon receipt of the written grievance, the grievant shall attempt 39 to resolve the alleged grievance through an informal conference with the 40 xxxxxxxx's immediate supervisor. 41 43 44 1 Department Head will schedule a Step 1 3 No later than twenty I meeting as soon as practical (20) days following the act or omission giving 4 rise to the grievance or 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 written grievance shall 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 generally within ten (10) calendar days after receiving of receipt of the written grievance) to enable the grievant and/or Union to verbally present all pertinentfacts supporting 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 other party. 20 If the grievant is not satisfied with the disposition Presentation of the grievance at 21 this step, an appeal to the next step must employee's Department Head at a Step I meeting may be made waived by mutual consent of the parties. The Department Head will respond in writing to the 22 appropriate personnel within ten (10) calendar days after of the decision is delivered 23 Step I meeting to the grievant. Failure to appeal within this time period shall serve as a 24 waiver of all appeal rights affected worker(s) and the decision at this step appropriate Advocate or Union field representative, unless the Employer- -making a reasonable effort to research the issue--notifies the complainant in writing of reasonable cause existing for further delay. The Step I response will settle the matter, unless timely advanced to Step II. Step II‌ If the Union does not agree with the Step I response, it shall be final and 25 binding. 27 Step 2 28 29 The Superintendent, or his/her designee, shall consider the 30 grievance, render a decision within ten (10) calendar days after receiving of the 31 grievancedate of the Step I response, communicate a decision provide written notice to the grievant in writingFacility Administrator of its intent to advance the grievance to Step II. The time line for advancing the grievance to Step II shall run from the date the Step I response is post-marked or receipt is acknowledged by an Advocate or Field Representative. However, the Union may, but shall not be required to advance a grievance to Step II at any time after the Step I response was due. The Union Field Representative or the Advocate and 32 provide the Facility Administrator shall arrange a copy mutually agreeable date to meet within ten (10) calendar days from the receipt of the decision written notice advancing the grievance to Step II for the purpose of attempting to settle the matter. The facility Administrator shall respond in writing within ten (10) calendar days of the Step II meeting. The Step II response will settle the matter unless the grievance is timely advanced to Step III. Step III‌ If the Union does not agree with the Step II response, it shall within ten (l0) calendar days of the date of the Step II response, provide written notice to the AssociationFacility Administrator or designee of its intent to advance the grievance to Step III. This The Administrator shall not preclude 33 notify the SuperintendentEmployer’s Regional Vice President, HR Business Partner or his/her designeeDirector of Labor Relations who shall schedule a Step III meeting (possiblyaconferencecall) as soon as practical followingreceiptof the notice advancing the grievance to Step III.. The Regional Vice President, from meeting and discussing the 34 results with the grievant, but doing so does not mitigate the requirement 35 HR Business Partner or Director of placing the decision Labor Relations will respond in writing and providing copies as stated above. 37 Such written decision shall contain an explanation to the Step III meeting within ten (10) calendar days of receipt of the District's 38 position regarding the grievance. Either the grievant grievance or the 39 SuperintendentStep III meeting, or his/her designee, may request a personal conference 40 to discuss the grievance within the above time limits. If the 41 Superintendent, or his/her designee, does not respond within the above 42 time limits, the grievance shall automatically proceed to the next stepwhichever comes later.

Appears in 2 contracts

Samples: seiu775.org, wpcdn01.seiumedia.net

Grievance Steps. 35 36 Informal Level 37 38 Before filing Grievances concerning discharge or discrimination as defined in this Agreement, or grievances filed by the Union shall be filed initially at Step Two. Otherwise, grievances shall be handled in the following manner: Step One: The grievant, advocate and/or Union staff representative shall present a formal written grievance, the grievant shall attempt 39 to resolve the alleged grievance through an informal conference with the 40 xxxxxxxx's immediate supervisor. 41 43 44 1 Step 1 3 No later than twenty (20) days following the act orally or omission giving 4 rise to the grievance or 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 grievant’s immediate supervisor. 9 The written grievance shall contain a statement supervisor within fifteen (15) calendar days from the date of the grievance, 10 the provision(s) occurrence of the Agreement allegedly involvedfacts or from the date the alleged violation first became known, and the remedy 11 soughtwhichever is later. 13 The immediate supervisor shall communicate a written decision respond in writing to 14 the Member 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 next step. Step Two: If no resolution or 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 receiving 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 ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be issued to the Union representative within fourteen (14) calendar days from the date of the Step 2 meeting. The appropriate Program Director’s 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. Group grievances claiming the 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 commenced at Step Two. MEDIATION (OPTIONAL): In the 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 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 other party. 20 If the grievant is not satisfied with the disposition of the grievance at 21 this step, an appeal notification must be sent to the next step must be made in writing to the 22 appropriate personnel Employer within ten fifteen (1015) calendar days after the Level 2 Designee’s decision is delivered 23 has been issued or was due. Mediation shall be conducted by the Federal 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 grievant. Failure to appeal within this time period shall serve as a 24 waiver of all appeal rights Parties and the decision at this step shall be final and 25 binding. 27 Step 2 28 29 Any settlement offer made in the course of mediation shall be considered “off the record” and shall be inadmissible in any subsequent arbitration. The Superintendentfunction of the mediator is to provide the Parties with possible win/win resolutions of the issue and to offer skilled advice as to what is likely to happen in an arbitration hearing in order to make a settlement of the grievance(s) more likely. The Parties will agree as to when the mediation conference occurs, balancing the need to expedite case resolution with the convenience of mediating multiple grievances at once when possible. The mediation shall be attended by representatives of the Employer and the Union with full authority to resolve the grievances to be mediated. Employees who attend mediation shall do so on unpaid time. Every effort will be made to conduct mediation discussions as concisely as possible. The Parties shall bear their own costs for mediation. If a private mediator is used in lieu of FMCS by mutual agreement, the Parties will bear the cost of the mediator’s services equally as well as when the mediator is chosen from the FMCS. If mediation is unsuccessful in resolving the grievance, or his/her designeemediation is not selected as an option for resolution, 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 32 provide a copy of the decision to the Association. This shall not preclude 33 the Superintendent, or his/her designee, from meeting and discussing the 34 results with the grievant, but doing so does not mitigate the requirement 35 of placing the decision in writing and providing copies as stated above. 37 Such written decision shall contain an explanation of the District's 38 position regarding the grievance. Either the grievant or the 39 Superintendent, or his/her designee, Union may request a personal conference 40 to discuss advance the grievance within the above time limits. If the 41 Superintendent, or his/her designee, does not respond within the above 42 time limits, the grievance shall automatically proceed to the next stepLevel 4 (Arbitration).

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Steps. 35 36 Informal Level 37 38 Before filing Grievances properly arising under this agreement shall be adjusted and settled as follows: Step One: Within five (5) working days of the event giving rise to a formal written grievancedispute or difference, the grievant Grievor, with or without his/her Union Xxxxxxx, shall attempt 39 discuss the matter with his/her immediate Supervisor and give him/her an opportunity to resolve the alleged grievance through an informal conference with complaint. The Supervisor will advise the 40 xxxxxxxx's immediate supervisoremployee of his/her decision within five (5) working days of such meeting. 41 43 44 1 Step 1 3 No later than twenty (20) days following If the act or omission giving 4 rise to matter is not resolved, the grievance or no later than twenty may be presented in writing at Step Two at any time within four (204) working days following the date 5 upon which the Member reasonably should have known of the act or 6 omission, Supervisor’s decision. Step Two: a) At this step the grievant must present such grievance in writing to the 7 immediate supervisor. 9 The written grievance shall contain be presented by the Grievor and the Union Xxxxxxx to the employee’s Department Manager who will schedule a statement meeting to discuss the grievance within five (5) full working days of receipt of the written grievance. If no settlement is reached, 10 the provision(sDepartment Manager will advise the Union Xxxxxxx of his/her decision in writing two (2) working days after the meeting and the grievance may be presented at Step Three at any time within four (4) full working days thereafter. b) The Company or the Union may process a written grievance at this step concerning the interpretation or alleged violation of the Agreement allegedly involved, and the remedy 11 soughtagreement. 13 The immediate supervisor shall communicate c) At this step an employee may process a written decision grievance involving disciplinary action resulting in suspension or discharge. Step Three: At this step, the written grievance will be presented to 14 the Member Vice President and/or General Manager or his/her designate. A meeting to discuss the grievance will be held within ten (10) working days after receiving following the Vice President and/or General Managers receipt of the grievance. Such 15 written decision shall contain an explanation The Vice President and/or General Manager or his/her designate will advise the Union Xxxxxxx in writing of the Company’s decision renderedwithin five (5) working days after such meeting. 17 Within It is understood and agreed that, providing 48 hours advance notice has been given to the above time limitsCompany, a National Representative of the Union or the Local Union President may attend third step grievance meetings if so desired by the xxxxxxx. Should no settlement be reached through the foregoing steps of the Grievance Procedure, either party may request a personal 18 conference with the other party. 20 If the grievant is not satisfied with the disposition of the grievance at 21 this stepmay, an appeal to the next step must be made in writing to the 22 appropriate personnel within ten (10) working 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 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 32 provide a copy from receipt of the Third Step decision but not thereafter, refer the matter to the Association. This shall not preclude 33 the Superintendent, or his/her designee, from meeting and discussing the 34 results with the grievant, but doing so does not mitigate the requirement 35 of placing the decision Arbitration as provided in writing and providing copies as stated above. 37 Such written decision shall contain an explanation of the District's 38 position regarding the grievance. Either the grievant or the 39 Superintendent, or his/her designee, may request a personal conference 40 to discuss the grievance within the above time limits. If the 41 Superintendent, or his/her designee, does not respond within the above 42 time limits, the grievance shall automatically proceed to the next stepArticle 8 hereof.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Grievance Steps. 35 36 Informal Level 37 38 32 A. INFORMAL STEP 33 Before filing a formal written grievance, the grievant shall attempt 39 to resolve the alleged grievance through 34 an informal conference with the 40 xxxxxxxx's grievant’s immediate supervisor. 41 43 44 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 1 3 I below. 4 B. STEP I 5 No later than twenty thirty (2030) days following the act or omission giving 4 rise to the grievance or grievance, or, no later 6 than twenty thirty (2030) days following the date 5 upon which the Member employee reasonably should have known of 7 the act or 6 omission, the grievant must present such grievance in writing on an appropriate form to 8 the 7 immediate supervisor. 9 10 The written grievance shall contain a clear, concise statement of the grievance, 10 the specific 11 provision(s) of the Agreement allegedly involved, and the specific remedy 11 sought. 13 The immediate supervisor shall communicate a written decision to 14 the Member employee within ten (10) 14 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 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 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 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 21 this stepStep II, an appeal to or if no written decision 31 has been rendered within the next step must be made in writing to applicable time limits, the 22 appropriate personnel grievant may, within ten (10) days after the 32 written decision is delivered 23 rendered or should have been 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 (15) days after receipt of such request from the grievant, 1 the Association by written notice to the grievantSuperintendent may elect to submit the 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 seven (7) names be submitted to both parties by the California State Conciliation Service. Failure to appeal within this time period 6 Upon receipt of the list of names, the parties shall serve alternately delete names from the list until only 7 one (1) remains, and said last named shall be selected as a 24 waiver of all appeal rights and the arbitrator. 9 The arbitrator’s decision at this step shall be final and 25 bindingbinding upon the parties hereto, and shall be in writing 10 and shall set forth his findings of fact, his reasoning, conclusions and remedy. 27 Step 2 28 29 The Superintendentarbitrator’s 11 authority shall be limited to deciding the issues submitted by the parties; and the arbitrator shall 12 have no power or authority to add to, subtract from, alter, delete, amend or his/her designeemodify the terms of this 13 Agreement or the written policies, rules, regulations and procedures of the District. In the event the 14 issue of arbitrability is raised, it shall consider the 30 grievance, render a decision within ten (10) days after receiving the 31 grievance, communicate a decision first be submitted to the grievant in writingarbitrator, and 32 provide prior to a copy consideration, if 15 any, of the decision to merits. 17 All costs for the services of the arbitrator, including, but not limited to, per diem expenses, travel 18 and subsistence expenses and the cost of any hearing room will be borne equally by the District 19 and the Association. This shall not preclude 33 All other costs will be borne by the Superintendent, or his/her designee, from meeting and discussing the 34 results with the grievant, but doing so does not mitigate the requirement 35 of placing the decision in writing and providing copies as stated above. 37 Such written decision shall contain an explanation of the District's 38 position regarding the grievance. Either the grievant or the 39 Superintendent, or his/her designee, may request a personal conference 40 to discuss the grievance within the above time limits. If the 41 Superintendent, or his/her designee, does not respond within the above 42 time limits, the grievance shall automatically proceed to the next stepparty incurring them.

Appears in 2 contracts

Samples: Agreement, Agreement

Grievance Steps. 35 36 Informal Level 37 38 Before filing a formal written grievanceAny and all disputes and differences whatsoever, regarding the grievant shall attempt 39 to resolve interpretation, application or meaning of this Agreement, between the alleged grievance through an informal conference with Company on the 40 xxxxxxxx's immediate supervisor. 41 43 44 1 Step 1 3 No later than twenty (20) days following one hand, and the act Union or omission giving 4 rise to the grievance or no later than twenty (20) days following the date 5 upon which the Member reasonably should have known any employees of the act or 6 omissionCompany on the other hand, shall be exclusively settled in the grievant must following manner and there shall be no interruption of the business First Step: An employee may allege a grievance under the terms of this Contract and present such grievance to his first-line manager with or without his Union Xxxxxxx In such case every effort will be made to provide a Xxxxxxx as soon as reasonably possible unless near the end of the shift time will not permit Unless settlement is reached within four (4) work days (the Xxxxxxx will receive the answer), such grievance may be presented by the Xxxxxxx in writing to the 7 immediate supervisor. 9 first- line manager on an appropriate form within the next seven (7) work days The first-line manager shall give his decision in writing to the Xxxxxxx within two (2) work days of presentation Second Step: A grievance not settled satisfactorily in the First Step may be appealed by the Division Committee person with a copy of the written grievance shall contain and a written statement of the grievancereasons for the appeal to the Human Resources Department within five (5) work days Within four (4) work days, 10 Human Resources and/or Labor Relations Manager, or his designated representative, will hear any accumulated grievances, which have been appealed in writing The Labor Relations Manager will consider the provision(sgrievances and provide a written answer within four (4) of work days The employee’s immediate front line manager, other Company representatives, the Agreement allegedly involvedXxxxxxx, and the remedy 11 sought. 13 Committee person representing the District and Division where the grievance originated may attend If a grievance hearing is scheduled, the hearing will be held unless both parties agree to reschedule Unless an extension is mutually agreed, the Company will provide a Second Step answer within the specified time Grievances arising out of discharge or disciplinary suspension may be initiated at this Second Step and heard at any reasonable time after an employee has protested the action to his immediate first-line manager and has failed to secure a satisfactory settlement When an employee is called into a discussion which may result in disciplinary documentation including reprimand, suspension or being sent home, he will be provided Union representation if he so requests A copy of the First-line Manager’s Report prepared will be furnished to the Union Third Step: The immediate supervisor shall communicate a written decision to 14 Chairperson of the Member Grievance Committee, or his designated employee representative, may appeal grievances not settled satisfactorily in the Second Step within ten (10) work days after receiving to the grievance. Such 15 Program Manager or his designated representative The appeal shall be made through the Human Resources Department along with a brief written decision shall contain an explanation statement of the decision rendered. 17 reasons for the appeal Within ten (10) work days, the above time limitsProgram Manager, either party may request a personal 18 conference or his designated representative, will meet with the other party. 20 If the grievant is not satisfied with the disposition of the grievance at 21 this stepGrievance Committee and hear any accumulated grievances, an appeal to the next step must be made which have been appealed in writing If a hearing is scheduled, the hearing will be held unless both parties agree to reschedule Unless an extension is mutually agreed, the 22 appropriate personnel Company will provide a written answer within ten (10) work days after the decision is delivered 23 In addition to the grievant. Failure to appeal within this time period shall serve as a 24 waiver of all appeal rights aggrieved employee, and the decision at this step shall Xxxxxxx from the District, who may be final present if he chooses, other Company representatives, International Representatives of the Union, and 25 binding. 27 Step 2 28 29 The Superintendentthe Local Union President, or 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 32 provide a copy of the decision to the Association. This shall not preclude 33 the Superintendent, or his/her designee, from meeting and discussing the 34 results with the grievant, but doing so does not mitigate the requirement 35 of placing the decision in writing and providing copies as stated above. 37 Such written decision shall contain an explanation of the District's 38 position regarding the grievance. Either the grievant or the 39 Superintendent, or his/her designeehis designated representative, may request a personal conference 40 to discuss also attend the grievance within meeting, provided they have security clearance from the above time limits. If the 41 Superintendent, or his/her designee, does not respond within the above 42 time limits, the grievance shall automatically proceed to the next step.Governmental Agency having jurisdiction if that Agency feels that such clearance is necessary

Appears in 1 contract

Samples: www.emcbc.doe.gov

Grievance Steps. 35 36 Informal Level 37 38 Before filing ‌ Grievances concerning discharge, discrimination as defined in this Agreement or grievances filed by the Union shall be filed initially at Step Two. Otherwise, grievances shall be handled in the following manner: Step One: The grievant, advocate and/or Union staff representative shall present a formal written grievancegrievance orally or in writing, to the grievant shall attempt 39 to resolve grievant’s immediate supervisor within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged grievance through an informal conference with the 40 xxxxxxxx's immediate supervisorviolation first became known, whichever is later. 41 43 44 1 Step 1 3 No later than twenty (20) days following the act or omission giving 4 rise to the grievance or 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 The supervisor shall respond in writing to the 7 immediate supervisor. 9 The written grievance shall 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) calendar days after receiving of the presentation to agree to resolve the grievance or to deny the grievance. Such 15 written decision The supervisor’s response shall contain an explanation of the decision rendered. 17 Within the above time limits, either party may request a personal 18 conference with the other party. 20 If the grievant is not satisfied with the disposition of be addressed to both the grievance at 21 and the Union. Should the supervisor fail to respond within this steptime frame, an appeal the Union shall have the right to forward the grievance to the next step must be made step. Step Two: If no resolution or 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 writing Step One to the 22 appropriate personnel 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 ten (10) business days after receipt of the decision is delivered 23 written grievance. The appropriate Program Director’s response shall be addressed to the grievant. Failure to appeal within this time period shall serve as a 24 waiver of all appeal rights grievant and the decision at this step Union in writing within fourteen (14) calendar days from the date of the Step 2 meeting. The Program Director’s response shall be final and 25 bindingbinding on the employee, the Union, and the Employer unless it is timely appealed to arbitration by the Union in accordance with this Article. 27 Step 2 28 29 The SuperintendentGrievances concerning discharge or discrimination, or his/her designee, grievances filed by the Union shall consider be filed initially at Step Two. Group grievances claiming the 30 grievance, render 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 decision within ten (10) days after receiving the 31 grievance, communicate a decision to the grievant in writing, group grievance and 32 provide a copy of the decision to the Association. This shall not preclude 33 the Superintendent, or his/her designee, from meeting and discussing the 34 results with the grievant, but doing so does not mitigate the requirement 35 of placing the decision in writing and providing copies as stated above. 37 Such written decision shall contain an explanation of the District's 38 position regarding the grievance. Either the grievant or the 39 Superintendent, or his/her designee, may request a personal conference 40 to discuss the grievance within the above time limits. If the 41 Superintendent, or his/her designee, does not respond within the above 42 time limits, the grievance shall automatically proceed to the next stepcommenced at Step Two.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. 35 36 Informal Level 37 38 Before filing a formal written grievanceSTEP ONE: An affected Employee, together with his Union representative, or the grievant shall attempt 39 to resolve Union will set forth the alleged grievance through an informal conference with in writing, on the 40 xxxxxxxx's immediate supervisor. 41 43 44 1 Step 1 3 No later than twenty (20) days following the act or omission giving 4 rise form attached herewith in Appendix A and submit it to the grievance or 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 written grievance shall 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) calendar days after receiving the grievance. Such 15 written decision shall contain an explanation of the decision rendered. 17 Within the above time limitsits occurrence, either party may request a personal 18 conference with the 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 or within ten (10) calendar days from the date that the Employee or the Union should have reasonably known of its occurrence. In their grievance, the Employee must state (1) all issue(s) being grieved and all relevant supporting facts; (2) the specific provisions of this Agreement in dispute and the relief sought and; (3) the date that the grievance arose and the date that the grievance was submitted to the immediate supervisor. The immediate supervisor (or his representative) shall schedule a meeting within ten (10) calendar days after the decision is delivered 23 to submission of the grievant. Failure to appeal within this grievance (the meeting may be held outside of the required time period frame by mutual agreement).The immediate supervisor 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 his/her designee, shall consider the 30 grievance, render a decision within ten (10) calendar days of the meeting. The Employee will not be allowed to raise any issues or grievances at Steps Two, Three, or Four that were not raised in the Employee’s Step One Grievance. STEP TWO: If not resolved at Step One, the written grievance shall be presented by the Union to the Division Head within ten (10) calendar days following the receipt of the immediate supervisor’s (or their representative) answer in Step One, or the failure of the immediate supervisor’s (or his representative) to answer within the ten (10) calendar days as set forth in Step One. The Division Head (or his representative) will schedule a meeting within ten (10) calendar days after receiving submission of the 31 grievanceStep 2 grievance (the meeting may be held outside of the required time frame by mutual agreement) with the employee, communicate the immediate supervisor (or his representative) conduct an investigation, if warranted, and render a decision decision, within ten (10) calendar days of the meeting. STEP THREE: SHERIFF If the grievance is not resolved at Step Two, the written grievance shall be submitted in writing to the grievant in writing, and 32 provide a copy Sheriff within ten (10) calendar days of receipt of the decision response from the Division Head at Step Two or the failure of the Division Head to the Associationanswer within ten (10) calendar days as set forth in Step 2. This A meeting shall not preclude 33 the Superintendent, or his/her designee, from meeting be held at a mutually agreeable time and discussing the 34 results place with the grievantSheriff (or his representative) to discuss the grievance. If a grievance is settled as a result of such meeting, but doing so does not mitigate the requirement 35 of placing the decision settlement shall be reduced in writing and providing copies as stated abovesigned by the parties. 37 Such written decision shall contain an explanation of If no settlement is reached, the District's 38 position regarding the grievance. Either the grievant or the 39 SuperintendentSheriff, or his/her designeehis designated representative, may request shall render a personal conference 40 to discuss decision within ten (10) calendar days the grievance within meeting. In the above time limits. If the 41 Superintendent, or his/her designee, does not respond within the above 42 time limitsabsence of a resolution at Step 3, the grievance may be submitted by the Union to arbitration within ten (10) calendar days after receipt of the answer at Step Three or the failure to answer within ten (10) calendar days as provided at Step 3 by notifying the Sheriff by written notice of the intent to appeal the grievance to arbitration, Thereafter, the parties shall automatically proceed file a joint request with the Federal Mediation Conciliation Services (“FMCS”) for a panel of seven (7) arbitrators from which the parties shall select a neutral arbitrator. In the event that at the Sheriff (or his representative) does not sign and submit said request to FMCS or return it to the next step.Union fully signed within fourteen (14) calendar days after receipt by the Undersheriff’s representative, the Union may file a request that is consistent with the provisions of this subsection with the FMCS but signed only by the Union with notice to the Undersheriff. The parties agree to request the FMCS to limit the panel to member of the National Academy of Arbitrators who reside within a radius of 100 miles from the City of Chicago. Both the Sheriff (or their representative) and the Union shall each have the right to reject one panel in its entirety, on written notice to the other, within fourteen (14) calendar days of its receipt and request that a new panel be submitted. The Sheriff and the Union shall have the right alternately to strike names from the panel. One party shall strike a name, the other party shall then strike a name, and this procedure shall continue until one name remains. The person remaining shall be the arbitrator. The party shall participate in a coin toss to determine which party shall strike the first name from the panel. The arbitrator shall be notified of his selection and shall be requested to set a time and place for the hearing, subject to the availability of Union and the Sheriff’s representatives. Both parties shall attempt to arrive at a joint stipulation of the facts and issues as outlined to be submitted to the arbitrator prior to the start of the hearing. The Employer and/or the Union shall have the right to request that the arbitrator require the presence of witnesses or documents. The arbitrator will determine at the time of the hearing if the witness’s testimony is relevant and can be heard and if documents can be admitted. Each party shall bear the expense of its own witnesses, including employee witnesses. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the question of whether there has been a violation, misinterpretation or misapplication of the specific provisions of this Agreement. The arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at

Appears in 1 contract

Samples: www.lakecountyil.gov

Grievance Steps. 35 36 Informal Level 37 38 Before filing a formal written grievance, the grievant shall attempt 39 to resolve the alleged grievance through an informal conference with the 40 xxxxxxxx's immediate supervisor. 41 43 44 1 Step 1 3 2 No later than twenty (20) days following the act or omission giving 4 rise to the grievance or 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 written grievance shall 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 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 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 32 provide a copy of the decision to the Association. This shall not preclude 33 the Superintendent, or his/her designee, from meeting and discussing the 34 results with the grievant, but doing so does not mitigate the requirement 35 of placing the decision in writing and providing copies as stated above. 37 Such written decision shall contain an explanation of the District's 38 position regarding the grievance. Either the grievant or the 39 Superintendent, or his/her designee, may request a personal conference 40 to discuss the grievance within the above time limits. If the 41 Superintendent, or his/her designee, does not respond within the above 42 time limits, the grievance shall automatically proceed to the next step.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Grievance Steps. 35 36 Informal Level 37 38 Before filing a formal written grievance, the grievant shall attempt 39 to resolve the alleged grievance through an informal conference with the 40 xxxxxxxxgrievant's immediate supervisor. 41 43 44 1 Step 1 3 No later than twenty (20) days following the act or omission giving 4 rise to the grievance or 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 written grievance shall 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 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 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 32 provide a copy of the decision to the Association. This shall not preclude 33 the Superintendent, or his/her designee, from meeting and discussing the 34 results with the grievant, but doing so does not mitigate the requirement 35 of placing the decision in writing and providing copies as stated above. 37 Such written decision shall contain an explanation of the District's 38 position regarding the grievance. Either the grievant or the 39 Superintendent, or his/her designee, may request a personal conference 40 to discuss the grievance within the above time limits. If the 41 Superintendent, or his/her designee, does not respond within the above 42 time limits, the grievance shall automatically proceed to the next step.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. 35 36 Informal Level 37 38 Before filing Nothing contained herein will be construed as limiting the right of any classified employee having a problem or complaint to discuss the matter formally at the lowest possible administrative level and having the problem or complaint adjusted. If a grievance exists, the following steps shall be taken to resolve the grievance: The parities acknowledge that it is usually most desirable for an employee and the immediate supervisory to resolve problems through free and informative communications. Accordingly, any grievance may first be discussed with the aggrieved party's supervisor with the objective of resolving the matter informally. . (NEG 8/12/13) STEP 1 — Supervisor Within fifteen (15) work days after the occurrence, or of knowledge of the act or condition which is the basis of the complaint, the written grievance must be presented to the aggrieved party's (immediate) supervisor. The supervisor must answer the grievance in writing within seven (7) work days as appropriate. If the aggrieved party is not satisfied with the disposition of its grievance, he may by written notice to the grievant refer it to the next formal step of the grievance procedure. . (NEG 8/12/13) STEP 2 — Superintendent of Schools If the aggrieved party is not satisfied with the disposition of its grievance at Step l, then aggrieved party must file a written grievance with the Superintendent (Or designated senior administrator, if the Superintendent is unavailable) within seven (7) work days of the receipt of the supervisor's response to the step one procedure. The Superintendent or his designee will meet with the aggrieved party, and the immediate supervisor, in an effort to resolve the grievance. Such a meeting will take place within seven (7) work days after receipt of the Step 2 grievance by the Superintendent. The Superintendent shall, within seven (7) work days after this meeting, render a decision, in writing to the aggrieved party. . (NEG 8/12/13) STEP 3 - School Board If the aggrieved party is not satisfied with the decision rendered by the Superintendent, the grievant shall attempt 39 to resolve the alleged grievance through file an informal conference appeal with the 40 xxxxxxxx's immediate supervisor. 41 43 44 1 Step 1 3 No later than twenty School Board within seven (207) work days following the act or omission giving 4 rise to the grievance or 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 written grievance shall 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 receipt of the decision renderedrendered by the Superintendent. 17 Within The Board will hear the above time limitsgrievance at the next subsequent regular school board meeting as long as it can be posted to the agenda in compliance with Nevada Law. On special circumstances, either party the board may request schedule a personal 18 conference special meeting in compliance with the other partyposting requirement of Nevada Revised Statutes (NRS) The decision of the Board will be furnished to the grievant in writing within seven (7) work days of the Board's meeting. 20 (any meeting continuations or postponements must be in mutual agreement to both parties). (NEG 8/12/13) STEP 4 — Binding Arbitration If the grievant aggrieved party is not satisfied with the disposition of the grievance at 21 this stepin Step 3, an appeal then the aggrieved party must present notice of intent to file the next step must be made in writing grievance to the 22 appropriate personnel binding arbitration within ten seven (107) work days after the decision is delivered 23 to School Board responds. To be officially filed within (21) work days. . (NEG 8/12/13) The arbitrator will be selected in compliance with the grievantAmerican Arbitration Association (AAA) Rules of Expedited Labor Arbitration. Failure to appeal within this time period shall serve as a 24 waiver of all appeal rights and the decision The Expedited Labor Arbitration format will be used at this step shall level. The arbitrator will consider the grievance and render a decision that will be final and 25 binding. 27 Step 2 28 29 The Superintendent, or his/her designee, shall consider binding upon the 30 grievance, render a decision within ten (10) days after receiving the 31 grievance, communicate a decision to the grievant in writing, and 32 provide a copy of the decision to the Association. This shall not preclude 33 the Superintendent, or his/her designee, from meeting and discussing the 34 results with the grievant, but doing so does not mitigate the requirement 35 of placing the decision in writing and providing copies as stated above. 37 Such written decision shall contain an explanation of the District's 38 position regarding the grievance. Either the grievant or the 39 Superintendent, or his/her designee, may request a personal conference 40 to discuss the grievance within the above time limits. If the 41 Superintendent, or his/her designee, does not respond within the above 42 time limits, the grievance shall automatically proceed to the next stepparties.

Appears in 1 contract

Samples: Negotiation Agreement

Grievance Steps. 35 36 Informal Level 37 38 Before filing ‌ Grievances concerning discharge or discrimination as defined in this Agreement, or grievances filed by the Union shall be filed initially at Step Two. Otherwise, grievances shall be handled in the following manner: Step One: The grievant, advocate and/or Union staff representative shall present a formal written grievance, the grievant shall attempt 39 to resolve the alleged grievance through an informal conference with the 40 xxxxxxxx's immediate supervisor. 41 43 44 1 Step 1 3 No later than twenty (20) days following the act orally or omission giving 4 rise to the grievance or 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 grievant’s immediate supervisor. 9 The written grievance shall contain a statement supervisor within fifteen (15) calendar days from the date of the grievance, 10 the provision(s) occurrence of the Agreement allegedly involvedfacts or from the date the alleged violation first became known, and the remedy 11 soughtwhichever is later. 13 The immediate supervisor shall communicate a written decision respond in writing to 14 the Member 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 next step. Step Two: If no resolution or 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 receiving 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 ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be issued to the Union representative within fourteen (14) calendar days from the date of the Step 2 meeting. The appropriate Program Director’s 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. Group grievances claiming the 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 commenced at Step Two. MEDIATION (OPTIONAL): In the 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 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 other party. 20 If the grievant is not satisfied with the disposition of the grievance at 21 this step, an appeal notification must be sent to the next step must be made in writing to the 22 appropriate personnel Employer within ten fifteen (1015) calendar days after the Level 2 Designee’s decision is delivered 23 has been issued or was due. Mediation shall be conducted by the Federal 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 grievant. Failure to appeal within this time period shall serve as a 24 waiver of all appeal rights Parties and the decision at this step shall be final and 25 binding. 27 Step 2 28 29 Any settlement offer made in the course of mediation shall be considered “off the record” and shall be inadmissible in any subsequent arbitration. The Superintendentfunction of the mediator is to provide the Parties with possible win/win resolutions of the issue and to offer skilled advice as to what is likely to happen in an arbitration hearing in order to make a settlement of the grievance(s) more likely. The Parties will agree as to when the mediation conference occurs, balancing the need to expedite case resolution with the convenience of mediating multiple grievances at once when possible. The mediation shall be attended by representatives of the Employer and the Union with full authority to resolve the grievances to be mediated. Employees who attend mediation shall do so on unpaid time. Every effort will be made to conduct mediation discussions as concisely as possible. The Parties shall bear their own costs for mediation. If a private mediator is used in lieu of FMCS by mutual agreement, the Parties will bear the cost of the mediator’s services equally as well as when the mediator is chosen from the FMCS. If mediation is unsuccessful in resolving the grievance, or his/her designeemediation is not selected as an option for resolution, 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 32 provide a copy of the decision to the Association. This shall not preclude 33 the Superintendent, or his/her designee, from meeting and discussing the 34 results with the grievant, but doing so does not mitigate the requirement 35 of placing the decision in writing and providing copies as stated above. 37 Such written decision shall contain an explanation of the District's 38 position regarding the grievance. Either the grievant or the 39 Superintendent, or his/her designee, Union may request a personal conference 40 to discuss advance the grievance within the above time limits. If the 41 Superintendent, or his/her designee, does not respond within the above 42 time limits, the grievance shall automatically proceed to the next stepLevel 4 (Arbitration).

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. 35 36 Informal Level 37 38 Before filing Conference - When an employee feels aggrieved over a formal written subject matter which is within the definition of a non-contractual or statutory-regulatory grievance, such employee shall discuss the grievance informally with his/her immediate supervisor within fifteen (15) days after the occurrence, or within fifteen (15) days after the grievant should reasonably have known of such occurrence, with the objective of resolving the matter informally. If within fifteen (15) days following the initial informal discussion, the non-contractual or statutory-regulatory grievance has not been resolved to the satisfaction of the employee, the grievant may formally submit a Statement of Grievance on the form attached to this agreement under Step I below, to the supervising Vice President/Cabinet Member. Step I - Within thirty (30) days after the occurrence of the event which gave rise to a contractual grievance, or within thirty (30) days after the grievant should reasonably have known of such event, the grievant shall attempt 39 formally submit to resolve his/her supervising Vice President/Cabinet Member, a Statement of Grievance on the alleged grievance through an informal conference with the 40 xxxxxxxx's immediate supervisorform attached to this agreement and made a part hereof. 41 43 44 1 Step 1 3 No later than Within twenty (20) days following from his receipt of a Step I grievance, the act supervising Vice President/Cabinet Member or omission giving 4 rise their designee shall render a written report of the disposition of the grievance to the grievance or no later than grievant. During such twenty (20) days following the date 5 upon which the Member reasonably should have known of the act or 6 omissiondays, the Vice President/Cabinet Member or his designee may require one informal conference between the individual grievant must present such grievance in writing to the 7 immediate supervisor. 9 The written grievance shall contain a statement of the grievance, 10 the provision(s) of the Agreement allegedly involved, and the remedy 11 sought. 13 The immediate his/her 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 other partyobject of resolving the grievance informally. 20 If Step II - In the grievant event the Federation is not satisfied with the disposition of grievance decision at Step I, the grievance at 21 this stepFederation may, an appeal to the next step must be made in writing to the 22 appropriate personnel within ten fifteen (1015) days after receipt of the decision is delivered 23 to Step I disposition, file with the grievantPresident of the College a written Statement of Appeal on the form attached. Failure to appeal within this time period shall serve as a 24 waiver The Statement of all appeal rights and the decision at this step Appeal shall be final and 25 binding. 27 Step 2 28 29 The Superintendent, or 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 32 provide accompanied by a copy of the decision to the AssociationStep I decision. This The President or his designee (who shall not preclude 33 be the Superintendent, or his/her designee, from meeting and discussing the 34 results with the grievant, but doing so does not mitigate the requirement 35 of placing the decision in writing and providing copies as stated above. 37 Such written decision shall contain an explanation author of the District's 38 position regarding the grievance. Either the grievant or the 39 Superintendent, or his/her designee, may request Step I decision) shall conduct a personal conference 40 to discuss closed hearing of the grievance within appeal. Testimony at the above time limitshearing will be recorded by written notes only. If The hearing shall not be limited by strict rules of evidence. All documents submitted shall be marked in evidence. The hearing shall be concluded and the 41 Superintendent, or his/her designee, does not respond within President of the above 42 time limits, College shall render his report and decision on the grievance shall automatically proceed to the next step.appeal within thirty

Appears in 1 contract

Samples: Agreement

Grievance Steps. 35 36 Informal Level 37 38 Before filing In work locations where no Xxxxxxx or Chief Xxxxxxx is selected because the small number or scattered distribution of Bargaining Unit employees in that location does not warrant such selection, employees have the option of waiving Step One (1) and Step Two (2) and may file grievances directly at Step Three (3). In such cases, a formal written grievanceChief Steward, Steward, or Alternate Xxxxxxx in the jurisdictional area where the conference is to be held shall be released without loss of pay or benefits to represent the grievant shall attempt 39 to resolve the alleged grievance through an informal conference with the 40 xxxxxxxx's immediate supervisorat Steps One (1), Two (2), or Three (3). 41 43 44 1 Step 1 3 No later than twenty (20) days following the act or omission giving 4 rise Subject to the grievance or no later than twenty (20) days following the date 5 upon which the Member reasonably should have known objection of the act or 6 omissionother party, the grievant must present such a grievance in writing to the 7 immediate supervisor. 9 The written grievance shall contain a statement may be filed at any step of the grievancegrievance procedure if the issue is not capable of being settled at a preliminary step. Grievances involving involuntary demotions, 10 the provision(ssuspensions, discharges, seniority, or layoff and recall actions, including recall of UI Examiners to temporary appointments or expiration of said temporary appointments pursuant to Article 13, Section 14 shall be filed directly at Step Three (3) of the Agreement allegedly involvedgrievance procedure, except that grievances involving recall of UI Examiners to temporary appointments or expiration of said temporary appointments pursuant to Article 13, Section 14, shall be filed directly at Step Two (2). Grievances involving scheduling and the remedy 11 soughtreturn to furlough of permanent- intermittent employees pursuant to Article 19, Section 3, shall also be filed directly at Step Two (2). 13 The immediate supervisor Informal discussion of complaints between employees and/or Stewards and supervisors is encouraged prior to filing of written grievances. Step One: All grievances shall communicate a written decision to 14 the Member be presented within ten (10) days after receiving weekdays of the time the employee or the Union first became aware or, by the exercise of reasonable diligence, should have become aware of the cause of such grievance. The designated Management Representative shall meet with the grievant(s) and his/her Union Representative and attempt to resolve the grievance. Such 15 , and return a 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 other party. 20 If the grievant is not satisfied with the disposition of the grievance at 21 this step, an appeal response to the next step must be made in writing to the 22 appropriate personnel grievant(s) and his/her Union Representative within ten (10) days after weekdays of receipt of the decision is delivered 23 to written grievance from 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, grievant(s) or his/her designeeUnion Representative. Step Two: If not satisfied with the Step One (1) answer, shall consider the 30 grievance, render to be considered timely, must be appealed to the designated Management Representative within ten weekdays from receipt of the answer to Step One (1). The designated Management Representative shall hold a decision grievance conference to discuss and attempt to resolve the grievance and return a written response within ten (10) days after receiving weekdays of receipt of the 31 written appeal from Step One (1). The grievant and authorized Union Representative(s) may participate in such conferences. Step Three: If not satisfied with the Step Two (2) answer, the grievance, communicate a decision to be considered timely, must be appealed to the grievant in writingDepartmental Appointing Authority or its designee within twenty-five (25) weekdays from receipt of the answer to Step Two (2). The designated Management Representative shall hold a grievance conference to discuss and attempt to resolve the grievance, and 32 provide return a copy written response within twenty-five (25) weekdays of receipt of the decision to written appeal from Step Two (2). The grievant and authorized Union Representative(s) may participate in such conferences. The Union, at its discretion, may waive the Association. This shall not preclude 33 the Superintendent, or his/her designee, from meeting and discussing the 34 results with the grievant, but doing so does not mitigate the requirement 35 of placing the decision in writing and providing copies as stated above. 37 Such written decision shall contain an explanation presence of the District's 38 position regarding grievant at the grievance. Either the grievant or the 39 Superintendent, or his/her designee, may request a personal conference 40 to discuss the grievance within the above time limits. If the 41 Superintendent, or his/her designee, does not respond within the above 42 time limits, the grievance shall automatically proceed to the next step.Step Three

Appears in 1 contract

Samples: Collective Bargaining Agreement

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