Grievance Steps. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher’s immediately involved supervisor to resolve problems through free and informal communications. An Association representative may accompany the teacher to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows: A. Step A. Within five (5) working days of the occurrence of the grievance, the teacher and the Association should meet with the involved supervisor in an effort to resolve the matter informally. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within ten (10) working days after receipt of the grievance. Such written grievance shall be filed with such supervisor within ten (10) working days of the event giving rise to the grievance. The Association’s representative, the grievant and the immediately involved supervisor may be present for the meeting. Within ten (10) working days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision. B. Step B. If the grievance is not resolved at Step A, then the grievant/Association may refer the grievance to the Superintendent or the Superintendent’s official designee within ten (10) working days after receipt of the Step A answer or within ten (10) working days after the Step A meeting, whichever is the later. The Superintendent shall arrange for a meeting to take place within ten (10) working days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, shall be provided with the C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS)
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Steps. 20.5.1 Step 1 The parties hereto acknowledge that it is usually most desirable for GR or the Union on the GR's behalf shall file a teacher and grievance on an official Grievance Form no later than thirty (30) days following the teacher’s immediately involved supervisor to resolve problems through free and informal communications. An Association representative may accompany date the teacher to assist in GR or the informal resolution Union first knew or should have known of the grievancealleged contract violation. If, however, The grievance must cite the informal process fails specific contract article believed to satisfy the teacher have been misapplied or the Association, violated and a grievance may be processed as follows:
A. Step A. Within five (5) working days of the occurrence of the grievance, the teacher and the Association should meet with the involved supervisor in an effort specific remedy to resolve the matter informallyadjust for any such discrepancy. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within ten (10) working days after receipt of the grievance. Such written The grievance shall be filed with such supervisor Labor Relations or designee and the Union if a GR is filing the grievance without the assistance of the Union. The parties shall meet within ten 21 days and attempt to develop a mutually acceptable solution. The meeting may be attended by a Union xxxxxxx at the GR's request and a Human Resources representative and other OHSU personnel as necessary. If a solution is reached at this or a subsequent meeting, it shall be reduced to writing and signed by all parties involved in the discussion, with a copy sent to the Union if the Union was not at the meeting. If a solution is not reached, Human Resources shall respond to the grievance in writing within fourteen (1014) working days of the event giving rise meeting and provide such response to the grievance. The Association’s representative, the grievant GR and the immediately involved supervisor may designated Union representative. Failure to respond in a timely manner shall be present for considered a denial of the meeting. Within ten (10) working grievance.
20.5.2 Step 2 If the Union desires to advance the grievance to Step 2, it must notify Labor Relations or designee in writing within 14 days of the meeting, due date for receiving the grievant and the Association shall be provided with the supervisor’s Employer's Step 1 written response, including the reasons for the decision.
B. Step B. If . The parties will meet to discuss the grievance is not resolved at Step A, then a mutually agreed on time within 14 days of the grievant/Association may refer the grievance to the Superintendent or the Superintendent’s official designee within ten (10) working days after receipt filing of the Step 2 grievance. OHSU shall provide a written response at Step 2 within 14 days following the Step 2 meeting. Subject to Section 20.4, grievances alleging prohibited discrimination, discriminatory harassment, and sexual harassment (as defined by published OHSU policy, Article 19 and/or Appendix A answer of this agreement, or within ten (10state or federal law) working days may be filed any time after the Step A meetingearliest date that the grievant had or could have reasonably been expected to have had knowledge of the act, whichever event, or the commencement of the condition which is the laterbasis of the grievance, unless a statutory maximum exists, in which case they must be filed within that time. The Superintendent shall arrange for a meeting to take place within ten (10) working days of person against whom allegations are made may not be present at the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the Step 2 meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS).
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Steps. The parties hereto acknowledge that it is usually most desirable for 35 36 Informal Level 37 38 Before filing a teacher and the teacher’s immediately involved supervisor to resolve problems through free and informal communications. An Association representative may accompany the teacher to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
A. Step A. Within five (5) working days of the occurrence of the formal written grievance, the teacher and the Association should meet with the involved supervisor in an effort grievant shall attempt 39 to resolve the matter informallyalleged grievance through an informal conference with the 40 xxxxxxxx's immediate supervisor. If, however41 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 informal process fails to satisfy the teacher or the Association, the teacher or the Association may grievant must present the such grievance in writing to the immediately involved 7 immediate supervisor. 9 The written grievance shall contain a statement of the grievance, who will arrange for 10 the provision(s) of the Agreement allegedly involved, and the remedy 11 sought. 13 The immediate supervisor shall communicate a meeting written decision to take place 14 the Member within ten (10) working days after receipt of 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 shall at 21 this step, an appeal to the next step must be filed with such supervisor made in writing to the 22 appropriate personnel within ten (10) working days of after the event giving rise decision is delivered 23 to the grievancegrievant. The Association’s representative, the grievant Failure to appeal within this time period shall serve as a 24 waiver of all appeal rights and the immediately involved supervisor may be present for the meeting. Within ten (10) working days of the meeting, the grievant and the Association decision at this step shall be provided with final and 25 binding. 27 Step 2 28 29 The Superintendent, or his/her designee, shall consider the supervisor’s written response30 grievance, including the reasons for the decision.
B. Step B. If the grievance is not resolved at Step A, then the grievant/Association may refer the grievance to the Superintendent or the Superintendent’s official designee render a decision within ten (10) working days after receipt receiving the 31 grievance, communicate a decision to the grievant in writing, and 32 provide a copy of the Step A answer or within ten (10) working days after decision to the Step A meeting, whichever is the laterAssociation. The Superintendent This shall arrange for a meeting to take place within ten (10) working days of not preclude 33 the Superintendent’s receipt of , or his/her designee, from meeting and discussing the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and 34 results with the grievant, if other than but doing so does not mitigate the Associationrequirement 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, shall be provided with the
C. Step C. or his/her designee, may request a personal conference 40 to discuss the grievance within the above time limits. If the grievance is 41 Superintendent, or his/her designee, does not resolved at Step Brespond within the above 42 time limits, then the parties, by mutual agreement, may submit the grievance shall automatically proceed to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS)next step.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Steps. The parties hereto acknowledge following steps shall be followed in the processing of a grievance and all grievances will be numbered and kept track of by date of occurrence.
Step 1: Assistant Chief or Designee The grievant shall submit a written grievance to his/her Assistant Chief or designee within the time frame set forth in Section 6.2. The written grievance at this Step and at all Steps hereafter, shall contain the following information:
1) Employee’s name,
2) Employee’s classification,
3) Work location,
4) Employee’s immediate supervisor,
5) Date grievance occurred,
6) Date grievance was submitted,
7) Location where grievance occurred (if applicable),
8) The article(s) and/or sections of the Agreement that has allegedly been violated,
9) A statement of the grievance and the facts upon which it is usually most desirable based,
10) The remedy or adjustments sought, and
11) Signature of the aggrieved employee or union representative. The Assistant Chief or designee shall investigate the grievance and submit this recommendation for a teacher and the teacher’s immediately involved supervisor to resolve problems through free and informal communications. An Association representative may accompany the teacher to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
A. Step A. Within five (5) working days of the occurrence of the grievance, the teacher and the Association should meet with the involved supervisor in an effort to resolve the matter informally. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting Fire Chief and to take place within ten (10) working days after receipt of the grievance. Such written grievance shall be filed with such supervisor filing party within ten (10) working days of the event giving rise to the grievanceits receipt. The Associationwritten recommendation at this Step and Employer’s representative, response in all Steps hereafter shall contain the grievant and the immediately involved supervisor may be present for the meeting. Within ten (10following information:
1) working days An affirmation or denial of the meetingfacts upon which the grievance was based;
2) The remedy or adjustment, if any, to be made; and
3) The signature of the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step B. appropriate Employer representative. If the grievance is not resolved at Step A, then the grievant/Association may refer the grievance appealed to the Superintendent second (2nd) Step by the filing party or if the SuperintendentAssistant Chief’s official designee or designee’s recommendation is not rejected by the Fire Chief within ten five (105) working days after receipt of the Step A answer Assistant Chief’s or within ten (10) working days after the Step A meeting, whichever is the later. The Superintendent shall arrange for a meeting to take place within ten (10) working days of the Superintendentdesignee’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meetinganswer, the Association and the grievant, if other than the Association, grievance shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS)considered satisfactorily resolved.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Steps. The parties hereto acknowledge that it is usually most desirable for 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 Chief Investigator or designee of the Criminal Justice Division, a teacher statement of the grievance setting forth the relevant facts, the Article(s) of the contract alleged to be violated and the teacher’s immediately involved supervisor remedy requested. Prior to issuing a response, the grievant or the CIA and the Chief Investigator or designee will attempt to meet to resolve problems through free the grievance at the lowest possible level of management. Failure to meet will not invalidate the grievance. If unresolved, the Chief Investigator or designee shall respond to the CIA and informal communications. An Association representative may accompany the teacher to assist grievant in the informal resolution writing within fifteen (15) calendar days of receipt of the grievance. If, howeverIf the grievance is resolved at Step 1, the informal 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 (2). In the event the grievance remains unadjusted as a result of the Step 1 process fails to satisfy above, the teacher grievant, together with their CIA representative, or the Association, a grievance CIA may be processed as follows:
A. Step A. Within five (5) working days of the occurrence of the grievance, the teacher and the Association should meet with the involved supervisor in an effort to resolve the matter informally. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present submit the grievance in writing to the immediately involved supervisorAttorney General or designee within fifteen (15) calendar days of the date the Step 1 response was received, who 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 arrange for a meeting be simultaneously provided to take place the Department of Administrative Services, Labor Relations Unit. The Attorney General or designee shall respond, in writing, within ten fifteen (1015) working calendar days after of receipt of the grievance.
c. Step Three (3). Such written grievance shall be filed with such supervisor within ten (10) working days of In the event giving rise the grievance still remains unadjusted after Step 2 above, the CIA and not the employee, within fifteen (15) calendar days after the response was due or received, whichever is sooner, may serve notice of its intention to arbitrate the grievance. The Association’s representative, the grievant and the immediately involved supervisor may be present for the meeting. Within ten (10) working days of the meeting, the grievant and the Association Said notice shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step B. If the grievance is not resolved at Step A, then the grievant/Association may refer the grievance in writing and delivered to the Superintendent Attorney General or designee, with a copy to the Superintendent’s official designee within ten (10) working days after receipt Department of the Step A answer or within ten (10) working days after the Step A meetingAdministrative Service, whichever is the later. The Superintendent shall arrange for a meeting to take place within ten (10) working days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS)Labor Relations Unit.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Steps. The parties hereto acknowledge that it is usually most desirable for 16.2.1 (Step l) Employees shall first discuss the grievance with their immediate supervisor; the immediate supervisor will be the department supervisor. If employees so wish, they may be accompanied by a teacher and Union representative at such discussion. All grievances not brought to the teacher’s immediately involved supervisor to resolve problems through free and informal communications. An Association representative may accompany immediate supervisor(s) in accordance with the teacher to assist in preceding section thirty (30) calendar days of the informal resolution occurrence of the grievance. If, howeveror the date the employee first had knowledge of the grievable act, shall be invalid and subject to no further processing.
16.2.2 (Step 2) If the grievance is not resolved to the employee's satisfaction in accordance with the preceding subsection, the informal process fails to satisfy the teacher employee or the Associationunion shall reduce to writing a statement of the grievance containing the following:
(a) The facts on which the grievance is based;
(b) A reference to the provision(s) in this Agreement which have been allegedly violated; and
(c) The remedy sought.
2.1. The parties will have five (5) working days from submission of the written statement of grievance to resolve the grievance by indicating on the statement of grievance the disposition. If an agreeable disposition is made, all parties to the grievance shall sign it.
16.2.3 (Step 3) If no settlement has been reached at Step 2, and the Union believes the grievance to be valid, a written statement of grievance may shall be processed as follows:
A. Step A. Within submitted within five (5) working days of the occurrence completion of Step 2 to Human Resources or the grievanceHuman Resources designee. After such submission, the teacher and the Association should meet with the involved supervisor in an effort to resolve the matter informally. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance in writing to the immediately involved supervisor, who parties will arrange for a meeting to take place within ten have five (105) working days after receipt from submission of the grievancewritten statement of grievance to resolve it by indicating on the statement of grievance the disposition. Such If an agreeable disposition is made, all parties to the grievance shall sign it.
16.2.4 (Step 4) If no settlement has been reached at Step 3, and the Union believes the grievance to be valid, a written statement of grievance shall be filed with such supervisor submitted within ten (10) working days of the event giving rise to the grievance. The Association’s representative, the grievant and the immediately involved supervisor may be present for the meeting. Within ten (10) working days completion of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step B. If the grievance is not resolved at Step A, then the grievant/Association may refer the grievance 3 to the Superintendent or the Superintendent’s official designee within designee. After such submission, the parties will have ten (10) working days after receipt 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 shall sign it.
16.2.5 (Step A answer or within ten (105) working days after the Step A meeting, whichever is the later. The Superintendent shall arrange for a meeting to take place within ten (10) working days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at in Step B4, then or if no decision has been made within the partiesperiod provided, by mutual agreement, the Union may submit the grievance to mediation arbitration. The Union may exercise its right to arbitration by filing giving the Superintendent written notice of its intent to arbitrate within ten fifteen (1015) working days of after the Superintendent’s decision in Step 4 or fifteen (15) working days after the Superintendent’s official designee’s written decision or replytime limit in Step 4, a request for mediation with the Federal Mediation and Conciliation Service (FMCS)whichever comes first.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Steps. 1. If an employee believes there is a grievance, the employee shall first discuss the alleged grievance with the immediate supervisor, either personally or accompanied by the Union representative. The parties hereto acknowledge that it is usually most desirable for employee must request (in writing) a teacher and the teacher’s immediately involved supervisor to resolve problems through free and informal communications. An Association representative may accompany the teacher to assist in the informal resolution discussion within five (5) working days of the grievancetime the grievant knew or should have known of the alleged violation. The supervisor shall schedule a meeting for the grievance discussion within five (5) working days of receipt of the request.
2. If, howeveras a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the Union member may invoke the formal grievance procedure through the Union. The Union shall deliver a copy of the grievance to the immediate supervisor within five (5) working days of the informal process fails to satisfy discussion. If the teacher or the Associationgrievance involves more than one (1) work location, a grievance it may be processed as follows:
A. Step A. filed with the Executive Director, or designee. Within five (5) working days of the occurrence receipt of the grievance, the teacher and the Association should immediate supervisor shall meet with the involved supervisor in an effort grievant and the Union to resolve the matter informallygrievance. IfThe immediate supervisor shall indicate, howeverin writing, the informal process fails to satisfy the teacher his or the Association, the teacher or the Association may present her disposition of the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within ten five (105) working days after receipt of such meeting and shall furnish a copy thereof to the Union and return the original to the grievant.
3. If the Union is not satisfied with the disposition of the grievance. Such written grievance shall be filed with such supervisor , or if no disposition has been made within ten (10) working days of such meeting, or ten (10) working days from date of filing, the event giving rise grievance may in the discretion of the Union be transmitted to the grievanceExecutive Director or designee. The Association’s representative, grieving party or parties shall have ten (10) working days from the grievant and date the immediately involved supervisor may be present for grievance disposition is received (or was due) to submit the meetinggrievance to Step 3. Within ten (10) working days of days, the meeting, Executive Director shall meet with the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step B. If Union on the grievance is not resolved at Step Aand shall indicate, then the grievant/Association may refer the grievance to the Superintendent or the Superintendent’s official designee within ten (10) working days after receipt of the Step A answer or within ten (10) working days after the Step A meetingin writing, whichever is the later. The Superintendent shall arrange for a meeting to take place disposition within ten (10) working days of such meeting and shall furnish a copy thereof to the Superintendent’s receipt Union and the original to the grievant.
4. If the Union is not satisfied with the disposition of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meetinggrievance, the Association and the grievant, or if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit the grievance to mediation by filing no disposition has been made within ten (10) working days of such meeting, or ten (10) working days from date of filing, the grievance may in the discretion of the Union be transmitted to the Superintendent’s . The grieving party or parties shall have ten (10) working days from the date the grievance disposition is received (or was due) to submit the grievance to Step 4. Within ten (10) working days, the Superintendent shall meet with the grievant and the Union on the grievance and shall indicate, in writing, his or her disposition within ten (10) working days of such meeting and shall furnish a copy thereof to the Union and the original to the grievant.
5. If the Union is not satisfied with the disposition of the grievance by the Superintendent’s official designee’s written , or if no disposition has been made within the period provided above, the grievance may in the discretion of the Union be submitted to arbitration by the Union within sixty (60) working days from the date the grievance disposition is received (or was due). The arbitrator shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration proceeding. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement nor have power to establish rules of pay or to change any rates of pay. If neither party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first render a decision or replyas to the arbitrability thereof If the grievance is determined non-arbitrable, a request for mediation it shall be returned to the parties with no recommendation on its merits. Both parties agree to be bound by the Federal Mediation award of the arbitrator. The fees and Conciliation Service (FMCS)expenses of the arbitrator shall be shared equally by the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Steps. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher’s immediately involved supervisor to resolve problems through free and informal communications. An Association representative may accompany the teacher to assist Each grievance will be processed in the informal resolution of the grievance. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as followsfollowing manner:
A. 24 Step A. 1. Within five twenty-one (5) working days of 21)days after the occurrence of the grievancecause of the 25 complaint or after the date when the grievant should have reasonably 26 become aware of such occurrence, the teacher grievant involved will reduce his 27 or her grievance to writing, stating his or her understanding of the reasons 28 therefor, the provision violated, the date of occurrence, and the Association should meet with relief 29 requested, and will present it to his or her immediate supervisor. Within 30 fourteen (14) days after the involved supervisor in an effort grievance is submitted to resolve the matter informally. Ifimmediate 31 supervisor, howeveror the grievance meeting is held, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance supervisor will respond 32 with a decision in writing to the immediately involved grievant and the Association. A grievance 33 meeting shall be held if either party requests it. If such a meeting occurs, 1 the supervisor may require that the grievant attend. The grievant may be 2 represented at this meeting by any representative of the Association.
4 Step 2. If the grievant is not satisfied with the decision concerning his/her 5 grievance made by the immediate supervisor, who will arrange for a meeting to take place he/she may, within ten (10) working 6 days after of receipt of such decision, submit the grievancegrievance to the Nursing 7 Director. Such written Within fourteen (14) days following such submission, or the date 8 the grievance meeting is held, the Director or designee shall render 9 his/her decision in writing to the grievant and the Association. A grievance 10 meeting shall be filed held if either party requests it.
12 Step 3. If the grievant is not satisfied with such supervisor the decision concerning his/her 13 grievance made by the Director, he/she may, within ten (10) working days of 14 his/her receipt of such decision, submit the event giving rise grievance to the grievanceChief 15 Administrative Officer (CAO). The Association’s representativeWithin fourteen (14) days following such 16 submission, or the date the grievance meeting is held, the CAO shall 17 render his/her decision in writing to the grievant and the immediately involved supervisor Association. A 18 grievance meeting shall be held if either party requests it.
20 Step 4. If the grievant or the Association is not satisfied with the decision on the 21 grievance by the CAO, the Association may be present for the meeting. Within ten request within twenty-one 22 (1021) working days from receipt of the meeting, the grievant and the Association shall be provided with the supervisorCAO’s written response, including the reasons for the decision.
B. Step B. If decision that the grievance is not resolved at Step Abe 23 brought to arbitration. Alternatively, then the grievant/Association may refer the grievance to the Superintendent or the Superintendent’s official designee by mutual agreement, within ten twenty- 24 one (1021) working calendar days after receipt of the Step A answer or within ten (10) working days after 3 reply the Step A meeting, whichever is parties shall 25 request the later. The Superintendent shall arrange for services of a meeting mediator by submitting the dispute to take place within ten (10) working days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS)
Appears in 1 contract
Samples: Professional Services
Grievance Steps. The parties hereto acknowledge that it is usually most desirable for a teacher and 14.2.1 Employee/Association shall first discuss the teacher’s immediately involved supervisor to resolve problems through free and informal communicationsgrievance with the transportation director or designee. An Association representative may accompany the teacher to assist in the informal resolution of the grievance. IfIf employees so wish, however, the informal process fails to satisfy the teacher or the Association, a grievance they may be processed as follows:accompanied by an Association representative
A. Step A. Within five (5) working days of 14.2.2 If the occurrence of grievance is not resolved to the grievance, the teacher and the Association should meet employee's satisfaction in accordance with the involved supervisor in an effort to resolve the matter informally. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place preceding subsection within ten (10) working days after receipt the employee shall reduce to writing a statement of the grievancegrievance containing the following:
a. The facts on which the grievance is based;
b. a reference to the provisions in this agreement which have been allegedly violated; and,
c. the remedy sought. Such The employee shall submit the written statement of grievance to the transportation director or designee for reconsideration and shall be filed with such supervisor within submit a copy to the official in the administration responsible for personnel. The parties will have ten (10) working days from submission of the event giving rise written statement of grievance to meet and resolve it by indicating on the statement of grievance the disposition. If an agreeable disposition is made, all parties to the grievance shall sign it. Grievance forms may be found in the back of the contract book as Appendix D or from any Association Team representative.
14.2.3 If no settlement has been reached within the ten (10) working days referred to in the preceding subsection, and the Association believes the grievance to be valid, a written statement of grievance shall be submitted within 15 working days to the District superintendent or the superintendent's designee. After such submission, the parties will have 30 calendar days from submission of the written statement of grievance to meet and resolve it by indicating on the statement of grievance, the disposition. If an agreeable disposition is made, all parties to the grievance shall sign it.
14.2.4 If no settlement has been reached within the 30 days referred to in the preceding subsection, and the Association believes the grievance to be valid, the Association may demand arbitration of the grievance. The arbitration panel shall consist of one (1) representative from the Association’s representative, one (1) representative from the grievant District, and a third person to be selected by the immediately involved supervisor may be present for the meetingtwo. Within ten (10) working days of the meetingexpiration of the 30-day period referred to in the preceding subsection, the grievant District and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step B. If the grievance is not resolved at Step A, then the grievant/Association may refer the grievance submit to the Superintendent or other the Superintendent’s official designee within ten (10) working days after receipt names of the Step A answer or within ten (10) working days after the Step A meeting, whichever is the later. The Superintendent shall arrange for a meeting representatives referred to take place within ten (10) working days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS)herein.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Steps. The parties hereto acknowledge that Employees shall attempt to resolve disputes and misunderstandings by informally referring those disputes to their immediate supervisor prior to pursuing grievance steps. In the event such informal resolution is not successful, grievances shall be dealt with only in the following manner. No grievance shall be considered under the grievance procedure unless it is usually most desirable presented and provided for below:
Step 1. Any employee covered by this Agreement who has a teacher grievance must reduce it to writing, and date and sign the grievance form. The written grievance must briefly describe the nature of the alleged violation and cite the specific provision(s) of the Agreement allegedly violated. The grievance shall be presented by the employee and the teacher’s immediately involved supervisor Union Business Representative to resolve problems through free and informal communications. An Association representative may accompany the teacher to assist in Plant Manager or designate within seven (7) calendar days from the informal resolution day the employee knew or should have known of the grievancealleged violation. IfIn the event of an alleged violation of the wages set forth in Appendix A, however, this seven (7) calendar day time limitation shall begin to run from the informal process fails date the employee receives his paycheck. Any grievance not presented within the seven (7) calendar days will be considered waived and will not be subject to satisfy the teacher or following steps of the Association, a grievance may be processed as follows:
A. Step A. procedure. Within five seven (57) working calendar days of the occurrence of the grievancedate it was presented to him, the teacher and the Association should Plant Manager, or his designee, shall meet with the involved supervisor in an effort to resolve the matter informally. Ifemployee and/or Union Business Representative, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance and respond in writing to the immediately involved supervisor, who will arrange for a meeting to take place within ten (10) working days after receipt of the grievance. Such written grievance shall be filed with such supervisor within ten (10) working days of In the event giving rise VWNA does not respond to a grievance within the grievance. The Association’s representativespecified time limits, the grievant and the immediately involved supervisor may be present for the meeting. Within ten (10) working days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step B. If the grievance is denied and may be appealed to the next step. If a grievance is not resolved at appealed to the next step within the specified time limit, it shall be considered settled on the basis of VWNA's last response.
Step A2. In the event the Union disagrees with the written decision of the Plant Manager, then the grievant/Association dispute may refer be referred to Step 2, provided the Union notifies VWNA in writing of its intention to do so within seven (7) calendar days after receiving the Plant Manager's written decision. Any grievance not presented within the seven (7) calendar days will be considered waived and will not be subject to the following steps of the grievance procedure. The grievance will be heard by the Area Manager within fourteen (14) calendar days of receiving the written appeal. This time may be mutually extended to accommodate travel and scheduling considerations. The Area Manager will respond in writing to the Superintendent or grievance within fourteen (14) calendar days following the Superintendent’s official designee hearing. This time period may be extended by mutual agreement. In the event VWNA does not respond within ten (10) working days after receipt of the Step A answer or within ten (10) working days after specified time limits, the Step A meeting, whichever grievance is denied and may be appealed to the laternext step. The Superintendent shall arrange for a meeting to take place within ten (10) working days of the Superintendent’s receipt of the appeal. Each party VWNA shall have the right to include in use the grievance and arbitration procedure with respect to any grievance which VWNA may have against the Union or any of its representation such witnesses and counselors as it deems necessarymembers. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, Such action shall be provided with the
C. Step C. If initiated by a letter from the grievance is not resolved at Step B, then VWNA to the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS)Union.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Steps. The parties hereto acknowledge that it is usually most desirable for 1. Nothing herein shall prevent a teacher and shop xxxxxxx, business agent, or employee from discussing a potential grievance with a supervisor prior to filing a grievance.
2. Should no hearing be scheduled within the teacher’s immediately involved supervisor to resolve problems through free and informal communications. An Association representative may accompany prescribed time, or should no decision be made within the teacher to assist in prescribed time or should the informal resolution of decision reject the Union's grievance. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed submitted to Arbitration if applicable. The lack of response by the University within the prescribed time set forth below, unless time limits have been extended by written mutual agreement, shall be construed as follows:a negative response.
A. 3. If the finding or resolution of a grievance at Step A. Within five (5) working days One of the occurrence grievance procedure is not appealed within a prescribed time, said grievance will be considered settled on the basis of the last answer provided, and there shall be no further appeal or review.
4. Time limits under this article may be changed by written mutual agreement only. A grievance shall be presented and adjusted in accordance with the steps outlined below. The grievance shall be reduced to writing and submitted to the Office of Labor Relations of the University or their representative within 14 calendar days, excluding holidays, from the date upon which the staff member first gained or should reasonably have gained knowledge of the alleged violation of the Agreement or policy took place. The grievance shall be signed by the grievant and Union representative, and shall set forth the nature of the dispute, the relief sought and the specific provisions of the Agreement/policy to have been violated. Upon receipt of the grievance, the teacher University will provide the union two (2) hearing dates to choose from. The Step One hearing will be held not later than 45 calendar days from date of the grievance being filed. The Step One decision shall be rendered no later than 20 calendar days following the completion of the Step One hearing. If the union fails to select one of the dates provided or the grievant and/or the union fail to appear without legitimate excuse, the grievance will be dismissed with prejudice. If the University fails to meet either of the time frames set forth above without legitimate excuse, the grievance and remedy shall be granted and if applicable, the discipline shall be deemed abandoned by the University and the Association should meet employee reimbursed the full amount of lost wages during the term of her/his suspension without pay and all references to the discipline shall be removed from her/his personnel files. Grieved discipline shall be considered resolved through Step One after the Office of Labor Relations or their representative has held a hearing and rendered a decision in accordance with that step of the grievance procedure or, for discipline subject to arbitration, the time for the hearing or decision has passed. Written warnings are not subject to arbitration.
1. In the event that the grievance has not been satisfactorily resolved in Step One, and the grievance either involved an alleged violation of the Agreement as described in the definition of a grievance in A.1 above or in the case of discipline involves the following contemplated or implemented penalties:
a. Suspension and written warnings in lieu of suspension
b. Demotion
c. Discharge then a request for arbitration may be brought only by the Union through its President or his/her designee within thirty (30) calendar days from the date the Union received the Step One decision, by mailing a written request for arbitration to the Director of Labor Relations. If mutually agreed a small case pre-arbitration conference may be scheduled to frame the issue or issues. All communications concerning appeals and decisions shall be made in writing. A request for arbitration shall contain the names of the University Department and the staff member involved, copies of the original grievance, appeal documents, and written decisions rendered at the lower steps of the grievance proceeding.
2. Arbitrators shall be selected, on a case-by-case basis, under the selection procedure of the Public Employment Relations Commission.
3. In non-disciplinary matters, the arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement or 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. He/She shall confine himself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him, nor shall be final and binding, consistent with applicable law and this Agreement. The arbitrator may prescribe an 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 be subject to revision by the 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. Any other cost of this proceeding shall be borne by the party incurring the cost.
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/she may approve 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 innocent or modifies a penalty, he/she may order reinstatement with back pay for all or part of period of suspension or reduction in grade or 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 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 incurring the cost.
5. In both disciplinary and non-disciplinary cases, a neutral arbitrator may hear and decide only one grievance during one arbitration proceeding unless otherwise mutually agreed in writing by the parties. In the event that either party asserts that 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 involved supervisor in an effort to resolve the matter informally. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance in writing provisions contained herein shall render a decision as to the immediately involved supervisor, who will arrange for a meeting waiver or bar or issue prior to take place within ten (10) working days after receipt any hearing on the merits of the grievance, unless the parties mutually agree in writing otherwise. Such written grievance The parties agree that the issue of waiver or bar shall not be filed with such supervisor within ten (10) working days decided by the same arbitrator who decides the merits of the event giving rise grievance, unless the parties mutually agree in writing otherwise.
6. If the Department of Corrections or Juvenile Justice Commission bans an employee from all UCHC facilities, the employee will be laid off due to the grievancelack of work. The Association’s representative, the grievant and the immediately involved supervisor may be present for the meeting. Within ten (10) working days provisions of the meeting, the grievant and the Association Article 11 E shall be provided with the supervisor’s written response, including the reasons for the decisionnot apply to employees laid off under this provision.
B. Step B. If the grievance is not resolved at Step A, then the grievant/Association may refer the grievance to the Superintendent or the Superintendent’s official designee within ten (10) working days after receipt of the Step A answer or within ten (10) working days after the Step A meeting, whichever is the later. The Superintendent shall arrange for a meeting to take place within ten (10) working days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS)
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Steps. Complaint Stage It is generally understood that an employee has no complaint or grievance until the employee has first given the employeeís supervisor the opportunity of adjusting the complaint. Such complaint shall be discussed with the supervisor within seven calendar days after the circumstances giving rise to it have occurred. The parties hereto acknowledge that it is usually most desirable for a teacher and Supervisor shall give the teacher’s immediately involved supervisor to resolve problems through free and informal communications. An Association representative may accompany the teacher to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
A. Step A. Within five (5) working employee an answer within seven calendar days of the occurrence discussion. If the answer is not satisfactory, it shall be taken up as a grievance in the following manner and sequence: Step One If the decision of the grievancesupervisor is not satisfactory to the employee and the employee wishes to pursue it, the teacher and employee and/or the Association should meet with the involved supervisor in an effort to resolve the matter informally. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present employeeís xxxxxxx shall submit the grievance in writing to the immediately involved supervisorInstitute Director within seven calendar days of the answer being given or when it should have been given. The grievance, who will arrange for a meeting signed by the grievor, shall identify the nature of the grievance, the provisions of this Agreement that are alleged to take place have been violated, and the remedy which is sought. The grievor and the grievorís xxxxxxx shall meet with the Manager designated by the Institute Director within ten (10) working seven calendar days after receipt of the submission of the grievance. Such written The Manager designated by the Institute Director will deliver a decision in writing within seven calendar days of the day on which the meeting was held. Failing settlement, then: Step Two If the response at Step One is not satisfactory to the grievor, the grievance shall be filed with such supervisor submitted to the Institute Director within ten (10) working seven calendar days of the event giving rise to answer being given in Step One, or when it should have been given. The grievor and the grievorís xxxxxxx, who may also be accompanied by a Union staff representative, shall meet with the Institute Director and appropriate management personnel within seven calendar days of the submission of the grievance. The Association’s representative, Institute Director shall provide the grievant and Union with a written answer to the immediately involved supervisor may be present for the meeting. Within ten (10) working grievance within seven calendar days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step B. If the grievance is not resolved at Step A, then the grievant/Association may refer the grievance to the Superintendent or the Superintendent’s official designee within ten (10) working days after receipt of the Step A answer or within ten (10) working days after the Step A meeting, whichever is the later. The Superintendent shall arrange for a meeting to take place within ten (10) working days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS)
Appears in 1 contract
Samples: Collective Agreement
Grievance Steps. Step One: The parties hereto acknowledge that it is usually most desirable for grievant and/or advocate or Union staff representative shall present a teacher and the teacher’s immediately involved supervisor to resolve problems through free and informal communications. An Association representative may accompany the teacher to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
A. Step A. Within five (5) working days of the occurrence of the grievance, the teacher and the Association should meet with the involved supervisor in an effort to resolve the matter informally. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place Employer’s representative within ten fourteen (1014) working calendar days after receipt of the grievance. Such written grievance shall be filed with such supervisor within ten (10) working days employee should have reasonably learned of the event giving rise to the grievance or within fourteen (14) calendar days from the event giving rise to the grievance, whichever is later.
a. the exact nature of the grievance;
b. the act or acts alleged to be violations of the Agreement, an Employer policy or the Employer’s past practice that is not specifically addressed in this Agreement;
c. when the alleged act(s) occurred;
d. the identity of the grievant orgrievants;
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 of ratification of this Agreement, and which have not been altered or amended by this Agreement alleged to have been violated;
f. the remedy proposed to attempt to resolve thegrievance. The written grievance need not be on the Union’s grievance form, as long as it contains the information above. The written grievance must be signed by the grievant or the authorized Union representative. The supervisor shall respond in writing to the grievance within fourteen (14) calendar days of the presentation to agree to solve the grievance with the remedy specified by the Union or an alternative remedy or to deny the grievance. The Associationsupervisor’s representative, response shall be addressed to both the grievant and the immediately involved Union. Should the supervisor may be present for the meeting. Within ten (10) working days of the meetingfail to respond within this timeframe, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step B. If the grievance is not resolved at Step A, then the grievant/Association may refer the grievance to the Superintendent or the Superintendent’s official designee within ten (10) working days after receipt of the Step A answer or within ten (10) working days after the Step A meeting, whichever is the later. The Superintendent shall arrange for a meeting to take place within ten (10) working days of the Superintendent’s receipt of the appeal. Each party Union shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit forward the grievance to the next step. 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, also known as a Class Action. Should the parties fail to resolve the Grievance at the Step 2 meeting, either party may request that the Grievance(s) be submitted to mediation by filing within ten no later than fourteen (1014) working days following the date on which the Employer submits its written Step 2 Grievance Response to the Union. Upon a timely request, both parties shall enter into good faith mediation including using the services of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Services (“FMCS”) or another mutually agreed upon Mediation Service offered locally. Each party shall bear their own costs associated with preparing for the mediation. The mediation costs, if any, shall be split equally between the parties. The mediation shall be conducted within thirty (FMCS)30) days unless the parties are 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 a timely request for mediation unless the parties agree in writing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Steps. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher’s immediately involved supervisor to resolve problems through free and informal communications. An Association representative may accompany the teacher to assist Each grievance will be processed in the informal resolution of the grievance. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as followsfollowing manner:
A. Step A. 1. Within five twenty-one (521) working days of after the occurrence of the grievancecause of the complaint or after the date when the grievant should have reasonably become aware of such occurrence, the teacher grievant involved will reduce his or her grievance to writing, 202824 stating his or her understanding of the reasons therefor, the provision violated, the date of occurrence, and the Association should meet with relief requested, and will present it to his or her immediate supervisor. Within fourteen (14) days after the involved supervisor in an effort grievance is submitted to resolve the matter informally. Ifimmediate supervisor, howeveror the grievance meeting is held, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance supervisor will respond with a decision in writing to the immediately involved grievant and the Association. A grievance meeting shall be held if either party requests it. If such a meeting occurs, the supervisor may require that the grievant attend. The grievant may be represented at this meeting by any representative of the Association.
Step 2. If the grievant is not satisfied with the decision concerning his/her grievance made by the immediate supervisor, who will arrange for a meeting to take place he/she may, within ten (10) working days after of receipt of such decision, submit the grievancegrievance to the Chief Nursing Officer (CNO) (Home Health or Hospice grievances wil go to the appropriate Director)Nursing Director. Such written Within fourteen (14) days following such submission, or the date the grievance meeting is held, the CNODirector or designee shall render his/her decision in writing to the grievant and the Association. A grievance meeting shall be filed held if either party requests it.
Step 3. If the grievant is not satisfied with such supervisor the decision concerning his/her grievance made by the CNODirector, he/she may, within ten (10) working days of his/her receipt of such decision, submit the event giving rise grievance to the grievanceHospital’s Chief Administrative Officer (CAO). The Association’s representativeWithin fourteen (14) days following such submission, or the date the grievance meeting is held, the CAO or designee shall render his/her decision in ONA/PHMC Collective Bargaining Agreement February 1, 2020 April 1, 2024 through March 31, Page 18 202824 writing to the grievant and the immediately involved supervisor Association. A grievance meeting shall be held if either party requests it.
Step 4. If the grievant or the Association is not satisfied with the decision on the grievance by the CAO, the Association may be present for the meeting. Within ten request within twenty-one (1021) working days from receipt of the meeting, the grievant and the Association shall be provided with the supervisorCAO’s written response, including the reasons for the decision.
B. Step B. If decision that the grievance is not resolved at Step Abe brought to arbitration. Alternatively, then the grievant/Association may refer the grievance to the Superintendent or the Superintendent’s official designee by mutual agreement, within ten twenty-one (1021) working calendar days after receipt of the Step A answer or within ten (10) working days after 3 reply the Step A meeting, whichever is parties shall request the later. The Superintendent shall arrange for services of a meeting mediator by submitting the dispute to take place within ten (10) working days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service Service. If the parties do not resolve the dispute in mediation, the parties may proceed to the arbitration procedure in article 7.5 within twenty-one (FMCS)21) days of the conclusion of mediation. The Association shall request a list of five (5) arbitrators from the Federal Mediation and Conciliation Service, and the parties shall alternately strike one name from the list until only one name remains. The order of striking shall be determined by lot. The one name remaining shall be the arbitrator. The striking process shall be completed within five (5) days of receipt of the list of arbitrators.
Appears in 1 contract
Samples: Professional Services
Grievance Steps. 20.5.1 Step 1 The parties hereto acknowledge that it is usually most desirable for GR or the Union on the GR's behalf shall file a teacher and grievance on an official Grievance Form no later than thirty (30) days following the teacher’s immediately involved supervisor to resolve problems through free and informal communications. An Association representative may accompany date the teacher to assist in GR or the informal resolution Union first knew or should have known of the grievancealleged contract violation. If, however, The grievance must cite the informal process fails specific contract article believed to satisfy the teacher have been misapplied or the Association, violated and a grievance may be processed as follows:
A. Step A. Within five (5) working days of the occurrence of the grievance, the teacher and the Association should meet with the involved supervisor in an effort specific remedy to resolve the matter informallyadjust for any such discrepancy. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within ten (10) working days after receipt of the grievance. Such written The grievance shall be filed with such supervisor Human Resources and the Union if a GR is filing the grievance without the assistance of the Union. The parties shall meet at the earliest opportunity and attempt to develop a mutually acceptable solution. The meeting may be attended by a Union xxxxxxx at the GR's request and a Human Resources representative and other OHSU personnel as necessary. If a solution is reached at this or a subsequent meeting, it shall be reduced to writing and signed by all parties involved in the discussion, with a copy sent to the Union if the Union was not at the meeting. If a solution is not reached, Human Resources shall respond to the grievance in writing within ten fourteen (1014) working days of the event giving rise meeting and provide such response to the grievance. The Association’s representative, the grievant GR and the immediately involved supervisor may designated Union representative. Failure to respond in a timely manner shall be present for considered a denial of the meeting. Within ten (10) working grievance.
20.5.2 Step 2 If the Union desires to advance the grievance to Step 2, it must notify Human Resources in writing within 14 days of the meeting, due date for receiving the grievant and the Association shall be provided with the supervisor’s Employer's Step 1 written response, including the reasons for the decision.
B. Step B. If . The parties will meet to discuss the grievance is not resolved at Step A, then a mutually agreed on time within 14 days of the grievant/Association may refer the grievance to the Superintendent or the Superintendent’s official designee within ten (10) working days after receipt filing of the Step A answer 2 grievance. OHSU shall provide a written response at Step 2 within 14 days following the Step 2 meeting. Subject to Section 20.4, grievances alleging prohibited discrimination, discriminatory harassment, and sexual harassment (as defined by published OHSU policy, Article 19 of this agreement, or within ten (10state or federal law) working days may be filed any time after the Step A meetingearliest date that the grievant had or could have reasonably been expected to have had knowledge of the act, whichever event, or the commencement of the condition which is the laterbasis of the grievance, unless a statutory maximum exists, in which case they must be filed within that time. The Superintendent shall arrange for a meeting to take place within ten (10) working days of person against whom allegations are made may not be present at the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the Step 2 meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS).
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Steps. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher’s immediately involved supervisor to resolve problems through free and informal communications. An Association representative may accompany the teacher to assist Each grievance will be processed in the informal resolution of the grievance. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as followsfollowing manner:
A. Step A. 1 Within five fifteen (515) working days of twenty-one (21)days after the occurrence of the grievance, the teacher and the Association should meet with the involved supervisor in an effort to resolve the matter informally. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within ten (10) working days after receipt cause of the grievance. Such written grievance shall be filed with complaint or after the date when the grievant should have reasonably become aware of such supervisor within ten (10) working days of the event giving rise to the grievance. The Association’s representativeoccurrence, the grievant involved will reduce his or her grievance to writing, stating his or her understanding of the reasons therefor, the provision violated, the date of occurrence, and the immediately involved supervisor may be relief requested, and will present for the meetingit to his or her immediate supervisor. Within ten (10) working fourteen (14) days of after the meetinggrievance is submitted to the immediate supervisor, or the grievance meeting is held, the supervisor will respond with a decision in writing to the grievant and the Association Association. A grievance meeting shall be provided held if either party requests it. If such a meeting occurs, the supervisor may require that the grievant attend. The grievant may be represented at this meeting by any representative of the Association.
Step 2 If the grievant is not satisfied with the decision concerning his/her grievance made by the immediate supervisor’s written response, including the reasons for the he/she may, within five (5)ten (10) days of receipt of such decision.
B. Step B. If the grievance is not resolved at Step A, then the grievant/Association may refer submit the grievance to the Superintendent or the Superintendent’s official designee within Nursing Director. Within ten (10) working ten fourteen (14) days following such submission, or the grievance meeting is held, the Director or designee shall render his/her decision in writing to the grievant and the Association. A grievance meeting shall be held if either party requests it.
Step 3 If the grievant is not satisfied with the decision concerning his/her grievance made by the Director, he/she may, within five (5)ten (10) days of his/her receipt of such decision, submit the grievance to the Chief Administrative Officer (CAO). Within ten (10)fourteen (14) days following such submission, of the date the grievance meeting is held, the CAO shall render his/her decision in writing to the grievant and the Association. A grievance meeting shall be held if either party requests it.
Step 4 If the grievant or the Association is not satisfied with the decision on the grievance by the CAO, the Association may request within five (5)twenty- one (21) days from receipt of the CAO’s decision that the grievance be brought to arbitration. Alternatively, by mutual agreement, within twenty- one (21) calendar days after receipt of the Step A answer or within ten (10) working days after 3 reply the Step A meeting, whichever is parties shall request the later. The Superintendent shall arrange for services of a meeting mediator by submitting the dispute to take place within ten (10) working days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service Service. If the parties do not resolve the dispute in mediation, the parties may proceed to the arbitration procedure in article 7.5 within twenty-one (FMCS)21) days of the conclusion of mediation. The Association shall request a list of five (5) arbitrators from the Federal Mediation and Conciliation Service, and the parties shall alternately strike one name from the list until only one name remains. The order of striking shall be determined by lot. The one name remaining shall be the arbitrator. The striking process shall be completed within five (5) days of receipt of the list of arbitrators.
Appears in 1 contract
Samples: Professional Services
Grievance Steps. The parties hereto acknowledge intend that it is usually most desirable for a teacher every effort shall be made to 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 Privacy Act (“HIPPA”) allows. By mutual agreement, the Union and the teacherAgency may waive Step 1 of this procedure. The following are the implementation steps and procedures for handling a member’s immediately involved supervisor grievance: A member having a complaint is encouraged to first attempt to resolve problems through free it informally with his/her immediate supervisor at the time the incident giving rise to the complaint occurs or as soon thereafter as is 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:
Step 1 All complaints not resolved at the supervisory level shall be reduced to writing as a formal grievance within 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 informal communications. An Association representative may accompany the teacher to assist in the informal resolution manner consistent with the technology component of Article 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. If, however, the informal process fails to satisfy the teacher The Agency head or the Association, designee shall hold a grievance may be processed as follows:
A. Step A. Within meeting within forty-five (545) working days of the occurrence of the grievance, the teacher and the Association should meet with the involved supervisor in an effort to resolve the matter informally. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within ten (10) working days after the receipt of the grievance. Such written At the Step One (1) meeting, the grievance may be granted, settled or withdrawn, or a response shall be filed with such supervisor prepared and issued by the Agency head or designee, within ten fifteen (1015) working days of the event giving rise to the grievance. The Association’s representative, the grievant and the immediately involved supervisor may be present for the meeting. Within ten (10) working 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 the Association delegate. The answer shall be provided consistent with the supervisor’s written response, including the reasons for the decision.
B. Step B. If terms of this Agreement. Once the grievance is 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 A, then One (1) shall not be precedent setting at other institutions or agencies unless otherwise specifically agreed to in the grievant/Association may refer the grievance to the Superintendent or the Superintendent’s official designee within ten (10) working days after receipt of the Step A answer or within ten (10) working days after the Step A meeting, whichever is the latersettlement. The Superintendent shall arrange for 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 take place within ten (10) working days of schedule will permit the Superintendent’s receipt of the appeal. Each party shall have the right Agency head or designee to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written render a decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS)based on documents only.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Steps. STEP 1 The parties hereto acknowledge that it is usually most desirable for employee or the Union on the employee’s behalf shall file a teacher and grievance on an official Grievance form no later than twenty-one (21) days following the teacher’s immediately involved supervisor to resolve problems through free and informal communications. An Association representative may accompany the teacher to assist in the informal resolution date of the grievance. If, however, the informal process fails to satisfy the teacher alleged contract violation or the Association, a grievance may be processed as follows:
A. Step A. Within five (5) working days date the employee first knew or should have known of the occurrence of alleged contract violation. The grievance must cite the grievance, the teacher specific contract article believed to have been misapplied or violated and the Association should meet with the involved supervisor in an effort a specific remedy to resolve the matter informallyadjust for any such discrepancy. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within ten (10) working days after receipt of the grievance. Such written The grievance shall be filed with such the immediate supervisor and the appropriate Department Director, or designee thereof, with a copy sent to Human Resources and to the Union if an employee is filing the grievance without the assistance of the Union. When a grievance alleges an identical contract violation arising involving at least three (3) supervisors who are directly responsible to a common supervisor, the common supervisor shall be considered the immediate supervisor. In the event that the appropriate Department Director is not properly identified, providing a copy to Human Resources will be deemed to satisfy the Step 1 filing deadline. The parties shall meet at the earliest opportunity and attempt to develop a mutually acceptable solution, with the aid of a problem-solving worksheet in non- disciplinary cases. The meeting may be attended by a Union xxxxxxx at the employee’s request and/or a Human Resources representative at the supervisor’s or Department Director’s request. If a solution is reached at this or a subsequent meeting, it shall be reduced to writing and signed by all parties involved in the discussion, with a copy sent to Human Resources and the Union. If a solution is not reached, the Director or designee shall respond to the grievance in writing within ten seven (107) working days of the event giving rise meeting and provide such response to the employee and the designated Union representative. Failure to respond in a timely manner shall be considered a denial of the grievance. Solutions reached without the involvement and agreement of the Union or Human Resources are subject to review and agreement at the parties’ discretion and shall become precedent setting only upon the agreement of the Union and Human Resources.
STEP 2 The Association’s representative, Union may advance the grievant and the immediately involved supervisor may be present for the meeting. Within ten grievance to Step 2 by notifying Human Resources in writing within twenty-one (1021) working days of the meeting, filing of the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. grievance at Step B. 1. If the grievance is not resolved at Step AUnion wishes to submit a request for information to the Employer, then it shall submit the grievant/Association may refer request within seven (7) days after advancing the grievance to Step 2. The Employer shall respond to the Superintendent or the Superintendent’s official designee information request within ten (10) working 21 days after receipt receiving the request. The Union shall coordinate the scheduling of the a Step A answer or 2 meeting within ten fourteen (1014) working days after receiving the Step A meetingEmployer’s response to the information request. If the Union does not submit an information request, whichever is the later. The Superintendent Union shall arrange for coordinate the scheduling of a meeting to take place within ten (10) working 14 days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit after advancing the grievance to mediation by filing Step 2. The Employer shall provide a written response at Step 2 within ten (10) working 14 days of following the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS)Step 2 meeting.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Steps. The parties hereto acknowledge Under no circumstances may an employee who has elected to use some other appeal procedure available to him/her under law use the grievance procedure of this Agreement for the same dispute, except that it is usually most desirable for a teacher this understood this provision does not apply with specific regard to any rights an employee possesses under federal and state anti-discrimination laws.
Step I. If the teacher’s immediately involved supervisor to resolve problems through free and informal communications. An Association representative may accompany the teacher to assist grievance has not been settled in the informal resolution of procedure above, it may be presented by the grievance. IfAssociation or the employee, however, in writing to the informal process fails to satisfy appropriate Vice President or equivalent officer within thirty (30) calendar days after the teacher employee or the Association, a grievance may be processed as follows:
A. Step A. Within five (5) working days through the use of reasonable diligence, should have had knowledge of the occurrence of the grievance, the teacher and the Association should meet with the involved supervisor in an effort to resolve the matter informally. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within ten (10) working days after receipt of the grievance. Such written grievance shall be filed with such supervisor within ten (10) working days of the event giving that gave rise to the grievance. The Association’s representativewritten grievance shall set for the nature of the grievance, the grievant facts upon which it is based, the specific section(s) of the Agreement allegedly violated and the immediately involved supervisor may be present for the meeting. Within ten (10) working days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decisionrelief requested.
B. Step B. II. If the grievance is not resolved at Step Aremains unsettled, then it may be presented by the grievant/Association may refer or the grievance employee in writing to the Superintendent or the Superintendent’s official designee university President within ten (10) working calendar days after the response of the Vice President or his/her designee. The parties shall, within ten (10) calendar days of the receipt of the grievance, arrange a grievance meeting, unless another timeline for the Step II meeting is mutually agreed upon. The President or his/her designee shall respond to the Association and the employee in writing no later than fourteen (14) calendar days after receipt of the appeal the Step A answer II meeting.
Step III. If the grievance is still unresolved after the response of the university President or his/her designee, it may be presented to the Chancellor or his/her designee by the Association or the employee within fifteen (15) calendar days after the response of the President. The parties shall, within ten (10) working calendar days of the receipt of the grievance, arrange a grievance meeting, unless another timeline for the Step III meeting is mutually agreed upon. The Chancellor or his/her designee shall respond to the grievance within no later than fifteen (15) calendar days after the Step A III meeting, whichever is . Step I or Step II of the latergrievance procedure may be waived by mutual consent. The Superintendent shall arrange for timeline to file at a meeting to take place within ten (10) working days subsequent step of the Superintendent’s receipt grievance procedure begins to run at the time of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS)waiver.
Appears in 1 contract
Samples: Master Agreement
Grievance Steps. The parties hereto acknowledge that it following procedure shall be the sole and exclusive means for resolving grievances.
A. Informal Step An Employee or one designated member of a group of Employees, having a complaint as defined in Section I A, may take the complaint up with the immediate supervisor or designee. If the complaint is usually most desirable for a teacher and the teacher’s immediately involved supervisor to resolve problems through free and informal communications. An Association representative may accompany the teacher to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the teacher or the Association, not resolved a grievance may be processed as follows:
A. filed at Step A. Within five (5) working days of One. At the occurrence of the grievanceEmployee’s option, the teacher and the Association should meet a Union representative may be present during any discussion with the involved supervisor or designee in an effort to resolve the matter informally. Ifcomplaint.
B. Step One Except as otherwise provided below, howeverall grievances must be presented promptly but no later than thirty (30) days from the date the grievant first became aware of, or should have become aware of with the exercise of reasonable diligence, the informal process fails cause of such grievance. Grievances filed over hours of work disputes must be presented no later than thirty (30) days following the end of the semester in which the alleged violation occurred. The employing unit designee will meet the Employee(s) and his/her representative, if any, within fifteen (15) days from receipt of the grievance and attempt to satisfy resolve the teacher or grievance. A written answer will be placed on the Associationgrievance by the employing unit designee not later than fifteen (15) days after the meeting.
C. Step Two
1. If the answer at Step One is unacceptable, to be considered further, the teacher grievance must be appealed by the Union to the Xxxxxxx or her/his designee within fifteen (15) days from receipt of the Association may present Step One answer. The Xxxxxxx or her/his designee will meet with the Employee(s) and his/her Union representative, if any, within fifteen (15) days from receipt of the appeal of Step One.
2. Following the meeting, the written answer of the Xxxxxxx or her/his designee will be placed on the grievance not later than fifteen (15) days after the meeting.
D. Step Three
1. Grievances which have not been settled at Step Two of the Grievance Procedure may be appealed to arbitration within thirty (30) days from the date of the Step Two answer. If a grievance is not appealed to arbitration within thirty (30) days of the Step Two answer, it shall be considered settled on the basis of the Step Two answer without prejudice or precedent in writing the resolution of future grievances. The issue as stated in the grievance and any amendments made thereon, in writing, at the Step Two grievance meeting shall constitute the sole and entire subject matter to be heard by the immediately involved supervisorArbitrator, who will arrange for a meeting unless the parties agree to take place modify the scope of the hearing.
2. Following the written notice, the Employer and the Union shall attempt to select an arbitrator. If an arbitrator is not selected within five (5) days of the written notice, the Union, within the next ten (10) working days after receipt of the grievance. Such written grievance shall be filed with such supervisor within ten (10) working days of the event giving rise to the grievance. The Association’s representative, the grievant and the immediately involved supervisor may be present for the meeting. Within ten (10) working days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step B. If the grievance is not resolved at Step A, then the grievant/Association may refer the grievance to the Superintendent or the Superintendent’s official designee within ten (10) working days after receipt of the Step A answer or within ten (10) working days after the Step A meeting, whichever is the later. The Superintendent shall arrange for a meeting to take place within ten (10) working days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreementdays, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS)) or the American Arbitration Association (AAA) to administer the process of selecting an arbitrator. The Arbitrator shall not be an Employee of the University or of the Union, nor be a member nor Employee of the Michigan Federation of Teachers and School Related Personnel or of the American Federation of Teachers.
a. Either the Employer or the Union or both shall notify the Arbitrator of selection and upon acceptance shall forward to the Arbitrator a copy of the grievance, the answer at Step Two, the notice of intent to arbitrate and a copy of the Agreement. A copy of the communication, without a copy of the Agreement, shall be sent to the other party. If the Arbitrator does not accept selection, the selection process shall be repeated until an arbitrator has accepted selection.
b. The Arbitrator shall fix the time and place for hearing the issue or issues submitted for decision.
c. At the arbitration hearing, both the Employer and the Union shall have the right to examine and cross-examine witnesses.
d. Upon request of either the Employer or the Union or both, a transcript of the hearing shall be made and furnished to the Arbitrator with the Employer and the Union having an opportunity to purchase their own copy. The party requesting the transcript shall bear the cost of the Arbitrator’s copy, unless it is mutually requested. In such case, the cost shall be shared equally.
e. At the close of the hearing, the Arbitrator shall afford the Employer and the Union a reasonable time period to submit post-hearing briefs if either party requests the opportunity.
f. The jurisdictional authority of the Arbitrator is defined as, and limited to, the determination of the grievance submitted to him/her consistent with this Agreement after consideration by him/her in accordance with this Agreement.
g. The Arbitrator shall have no authority to add to, subtract from, or otherwise modify any of the terms, clauses or provisions of this Agreement. The Arbitrator shall not substitute her/his judgment for that of the Employer where the Employer’s judgment and actions are based upon reasonable cause and do not violate the written provisions of this Agreement. The Arbitrator shall have no authority in any circumstance to award back pay or any other monetary relief, which is greater than the grievant would have been entitled to if there had been no violation. The Arbitrator shall have no authority in academic matters regarding the grievant’s role as a student.
h. The fees and expenses of the Arbitrator shall be shared equally between the Employer and the Union. The expenses of, and the compensation for, each and every witness/representative for either the Employer or the Union shall be paid by the party producing the witness/representative or on whose behalf he/she appears.
i. The Arbitrator shall render the decision in writing within thirty (30) calendar days following the hearing or the receipt of post-hearing briefs, whichever is later.
j. The Arbitrator’s decision, when made in accordance with the Arbitrator’s jurisdiction and authority established by this Agreement, shall be final and binding upon the Employer, the Union , and the Employee or Employees involved.
k. The provisions of this Section do not prohibit the Employer and the Union from mutually agreeing to expedited arbitration of a given grievance or grievances.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Steps. Complaint Stage It is generally understood that an employee has no complaint or grievance until the employee has first given the employee’s supervisor the opportunity of adjusting the complaint. Such complaint shall be discussed with the supervisor within seven calendar days after the circumstances giving rise to it have occurred. The parties hereto acknowledge that it is usually most desirable for a teacher and Supervisor shall give the teacher’s immediately involved supervisor to resolve problems through free and informal communications. An Association representative may accompany the teacher to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
A. Step A. Within five (5) working employee an answer within seven calendar days of the occurrence discussion. If the answer is not satisfactory, it shall be taken up as a grievance in the following manner and sequence: Step One If the decision of the grievancesupervisor is not satisfactory to the employee and the employee wishes to pursue it, the teacher and employee and/or the Association should meet with the involved supervisor in an effort to resolve the matter informally. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present employee’s xxxxxxx shall submit the grievance in writing to the immediately involved supervisorInstitute Director within seven calendar days of the answer being given or when it should have been given. The grievance, who will arrange for a meeting signed by the grievor, shall identify the nature of the grievance, the provisions of this Agreement that are alleged to take place have been violated, and the remedy which is sought. The grievor and the grievor’s xxxxxxx shall meet with the Manager designated by the Institute Director within ten (10) working seven calendar days after receipt of the submission of the grievance. Such written The Manager designated by the Institute Director will deliver a decision in writing within seven calendar days of the day on which the meeting was held. Failing settlement, then: Step Two If the response at Step One is not satisfactory to the grievor, the grievance shall be filed with such supervisor submitted to the Institute Director within ten (10) working seven calendar days of the event giving rise to answer being given in Step One, or when it should have been given. The grievor and the grievor’s xxxxxxx, who may also be accompanied by a Union staff representative, shall meet with the Institute Director and appropriate management personnel within seven calendar days of the submission of the grievance. The Association’s representative, Institute Director shall provide the grievant and Union with a written answer to the immediately involved supervisor may be present for the meeting. Within ten (10) working grievance within seven calendar days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step B. If the grievance is not resolved at Step A, then the grievant/Association may refer the grievance to the Superintendent or the Superintendent’s official designee within ten (10) working days after receipt of the Step A answer or within ten (10) working days after the Step A meeting, whichever is the later. The Superintendent shall arrange for a meeting to take place within ten (10) working days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS)
Appears in 1 contract
Samples: Collective Agreement
Grievance Steps. The parties hereto acknowledge that it is usually most desirable for If a teacher Bargaining Unit Member’s immediate supervisor and Department Head are the teacher’s immediately involved supervisor to resolve problems through free and informal communicationssame, the grievance will be processed beginning with Step 2, thereby effectively eliminating Step 1. An Association representative may accompany the teacher to assist A grievance shall be resolved in the informal resolution following manner:
Step 1. The Bargaining Unit Member, with or without the Union, shall orally raise the grievance with the Bargaining Unit Member's immediate supervisor who is outside the bargaining unit. The Bargaining Unit Member shall inform the supervisor that this discussion constitutes the first step of the grievancegrievance procedure. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may All grievances must be processed as follows:
A. Step A. Within presented not later than five (5) working days from the date the grievant became or should have become aware through the use of reasonable diligence of the occurrence of the grievance, the teacher and the Association should meet with the involved supervisor in an effort to resolve the matter informally. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within ten (10) working days after receipt of the grievance. Such written grievance shall be filed with such supervisor within ten (10) working days of the event giving rise to the grievance. The Association’s representative, complaint the grievant immediate supervisor shall render an oral response to the Bargaining Unit Member and the immediately involved supervisor may be present for the meeting. Within ten Union within five (105) working days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decisiondays.
B. Step B. 2. If the grievance is not resolved at Step A1, then it shall be presented by the grievant/Association may refer the grievance Union in writing to the Superintendent or the Superintendent’s official designee appropriate Department Head within ten five (105) working days after receipt of the Step A 1 response or after the Step 1 response is due, whichever is earliest. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the specific provision(s) of the Agreement allegedly violated, and the relief requested. Within five (5) working days after receipt of the written grievance the parties involved shall meet or hold other discussions in an attempt to resolve the grievance unless the parties mutually agree otherwise. The Department Head or designee shall give his/her written response within five (5) working days following the meeting.
Step 3. If the matter is not adjusted in Step 2, or no answer is given within the time specified, the Union, by written notice to the Mayor within five (5) working days after the Step 2 answer, or within after such answer was due, may appeal the grievance to Step 3. The Employer and the grievant and/or Union shall meet to discuss the grievance which has been appealed to Step 3 at a time and place of mutual convenience but no later than ten (10) working days after the Step A meeting, whichever is the later. The Superintendent shall arrange for a meeting to take place within ten (10) working days following submission of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit the grievance to mediation by filing Step 3. The Mayor or his/her designee shall give his/her written response within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS)five
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Steps. Grievances shall be resolved in accordance with the grievance procedure described as follows: Level One The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher’s immediately involved supervisor to resolve problems through free and informal communications. An Bargaining Unit Member or Association representative may accompany initiating the teacher to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
A. Step A. Within five (5) working days of the occurrence of the grievance, the teacher and the Association should meet with the involved supervisor in an effort to resolve the matter informally. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may shall present the grievance in writing on the grievance form (Appendix A) to the immediately involved supervisorHuman Resources Manager or discuss it with him/her either directly or with the Association's designated representative within fifteen (15) days after its occurrence. The Human Resources Manager shall reply to the grievance in writing in the same manner as presented within fifteen (15) days after initial presentation of the grievance. If MRCS doesn’t respond to the grievance, who will arrange it is moved to the next level. If the Association doesn’t move the grievance to Level Two within fifteen (15) days after the Level One answer is received, it is waived. If the action at Level One fails to resolve the grievance, or if MRCS has not responded to the grievance in Level One, the grievance shall be referred to the Chief Executive Officer of the School. The grievance shall be filed in writing on a grievance form (Appendix A) by the Association within fifteen (15) days after a decision at Level One. A grievance hearing shall be held, if requested, by either party within seven (7) days after the request for a meeting hearing. MRCS shall reply in writing on the grievance form to take place the grievant(s) and Association representative within fifteen (15) days after the grievance hearing or if no hearing was requested fifteen (15) days after initial presentation of the grievance. If MRCS doesn’t respond to the grievance, it is moved to the next level. If the Association doesn’t move the grievance to Level Three within fifteen (15) days after the Level Two answer is received, it is waived. If the action in Level Two above fails to resolve the grievance to the satisfaction of the affected parties or if no action has been taken as specified, the aggrieved person may submit a request in writing within ten (10) working days to the Association that it submit the grievance to binding arbitration. If the Association desires to submit the grievance to arbitration it shall notify MRCS within fifteen (15) days after receipt of a request by the grievance. Such written grievance shall be filed with such supervisor within ten (10) working days of the event giving rise to the grievance. The Association’s representative, the grievant and the immediately involved supervisor may be present for the meetingaggrieved person(s). Within ten fifteen (1015) working days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step B. If the grievance is not resolved at Step A, then the grievant/Association may refer the grievance to the Superintendent or the Superintendent’s official designee within ten (10) working days after receipt notice of the Step A answer or within ten (10) working days after the Step A meeting, whichever is the later. The Superintendent shall arrange for a meeting submission to take place within ten (10) working days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, arbitration the Association and the grievant, if other than the Association, MRCS shall be provided with the
C. Step C. attempt to select a mutually acceptable arbitrator. If the grievance is not resolved at Step B, then parties are unable to agree upon an arbitrator or to obtain such a commitment within the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or replyspecified period, a request for mediation a list of arbitrators may be made to the FMCS by either party. The parties will then alternately mutually strike arbitrators, with MRCS striking first, from the list until one arbitrator remains. The arbitrator so selected shall confer with the Federal Mediation representatives of MRCS and Conciliation Service the Association and hold hearings promptly and shall issue his or her decision not later than twenty (FMCS)20) days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him. The arbitrator's decision shall be in writing and shall set forth his or her findings of fact, reasoning and conclusions on the issues submitted. The decision of the arbitrator shall be submitted to MRCS and the Association and shall be final and binding on the parties. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by MRCS and the Association. Any other expenses incurred shall be paid by the party incurring the same. The parties may extend the timelines by mutual agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Steps. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher’s immediately involved supervisor to resolve problems through free and informal communicationsStep 1. An Association representative may accompany the teacher to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
A. Step A. Within five (5) working days of the occurrence of the grievance, the teacher and the Association should meet with the involved supervisor in an effort to resolve the matter informally. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within ten (10) working days after receipt of the grievance. Such written A grievance shall be filed with such supervisor documented in writing and submitted to the Health Center Manager and the Director of Labor Relations within ten (10) working days of the event date of the event(s) giving rise to the grievance or the date when the grievant should reasonably have become aware of the event(s) giving rise to the grievance. The Association’s representativewritten grievance shall state the complaint, the grievant date it occurred, the article(s) of this Agreement allegedly violated, the actions already taken to resolve the matter, if any, and the immediately involved supervisor resolution desired. The grievant may be present for request the meetingassistance of a union xxxxxxx and/or union representative. Within ten The grievant, their union xxxxxxx/representative (10) working days of if requested by the meetingemployee), the grievant Health Center Manager, and the Association Labor Relations Director (if requested by the Health Center Manager) shall have a meeting to discuss and attempt to resolve the grievance. This meeting shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step B. If the grievance is not resolved at Step A, then the grievant/Association may refer the grievance to the Superintendent or the Superintendent’s official designee held within ten fifteen (10) working days after receipt of the Step A answer or within ten (1015) working days after the Step A grievance was filed unless events and circumstances preclude such meeting, whichever is the lateri.e., scheduled vacation. The Superintendent Health Center Manager shall arrange submit their written response to the Union within fifteen (15) working days following the Step 1 meeting. If the Health Center Manager denies the grievance, the response shall state the reasons for a meeting the denial.
Step 2. If the grievance remains unresolved after Step 1, the grievance may then be appealed directly to take place the Health Center’s Regional within ten (10) working days of the Superintendent’s receipt of the appealwritten response in Step 1. Each party The grievant, their union xxxxxxx/representative (if requested by the employee), the Regional, and the Labor Relations Director (if requested by the Regional) shall have a meeting to discuss and attempt to resolve the right to include in its representation such witnesses and counselors as it deems necessarygrievance. Within ten This meeting shall be held within fifteen (1015) working days following receipt of the Step 2 appeal unless events and circumstances preclude such meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS)i.e.,
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Steps. 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 parties hereto parities acknowledge that it is usually most desirable for a teacher an employee and the teacher’s immediately involved supervisor immediate supervisory to resolve problems through free and informal informative communications. An Association representative Accordingly, any grievance may accompany first be discussed with the teacher to assist in aggrieved party's supervisor with the informal resolution 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 grievance. If, howeveract or condition which is the basis of the complaint, the informal process fails written grievance must be presented to satisfy the teacher or aggrieved party's (immediate) supervisor. The supervisor must answer the Associationgrievance 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 may be processed as follows:
A. Step A. Within five with the Superintendent (5Or designated senior administrator, if the Superintendent is unavailable) working within seven (7) work days of the occurrence receipt of the grievance, supervisor's response to the teacher and the Association should step one procedure. The Superintendent or his designee will meet with the involved supervisor aggrieved party, and the immediate supervisor, in an effort to resolve the matter informallygrievance. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for Such a meeting to will take place within ten seven (107) working days after receipt of the grievance. Such written grievance shall be filed with such supervisor within ten (10) working days of the event giving rise to the grievance. The Association’s representative, the grievant and the immediately involved supervisor may be present for the meeting. Within ten (10) working days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step B. If the grievance is not resolved at Step A, then the grievant/Association may refer the grievance to the Superintendent or the Superintendent’s official designee within ten (10) working work days after receipt of the Step A answer 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 file an appeal with the School Board within seven (7) work days following the receipt of the decision rendered by the Superintendent. The Board will hear the grievance 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, the board may schedule a special meeting in compliance with the posting 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. (any meeting continuations or postponements must be in mutual agreement to both parties). (NEG 8/12/13) STEP 4 — Binding Arbitration If the aggrieved party is not satisfied with the disposition of the grievance in Step 3, then the aggrieved party must present notice of intent to file the grievance to binding arbitration within ten seven (107) working work days after the Step A meeting, whichever is School Board responds. To be officially filed within (21) work days. . (NEG 8/12/13) The arbitrator will be selected in compliance with the laterAmerican Arbitration Association (AAA) Rules of Expedited Labor Arbitration. The Superintendent shall arrange for a meeting to take place within ten (10) working days of the Superintendent’s receipt of the appealExpedited Labor Arbitration format will be used at this level. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If The arbitrator will consider the grievance is not resolved at Step B, then and render a decision that will be final and binding upon the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS).
Appears in 1 contract
Samples: Negotiation Agreement
Grievance Steps. The parties hereto acknowledge that Step 1 Any employee who believes he has a grievance shall first discuss it is usually most desirable for a teacher with the Supervisor involved or at the employee’s request the designated Committee Person and the teacherSupervisor in an attempt to settle the matter. If the employee is not satisfied with the Supervisor’s immediately involved supervisor to resolve problems through free and informal communications. An Association representative may accompany the teacher to assist in the informal resolution oral disposition of the grievancecomplaint, he may request that the Supervisor send for the designated Committee Person for further discussion of the matter. If, howeverUpon this request, the informal process fails Supervisor will send for his designated Committee Person within thirty (30) minutes and without further discussion of the matter. Any complaint not brought to satisfy the teacher or attention of the Association, a grievance may be processed as follows:
A. Step A. Within Company within five (5) working days of the occurrence alleged violation or five (5) working days from the time of the violation could reasonably have been known to the aggrieved, will not constitute the basis for a grievance. If the complaint or grievance is still not resolved by the Committee Person, employee, and supervisor, a meeting will take place within (1) one working day with the General Supervisor. If the complaint or grievance cannot be resolved through the above procedure, the teacher grievance shall be reduced to writing on a form provided by the Company. It shall be dated and signed by the Association should meet Committee Person and filed with the involved supervisor in an effort to resolve the matter informallyGeneral Supervisor involved. If, however, the informal process fails to satisfy the teacher or the Association, the teacher or the Association may present the grievance The General Supervisor shall render his decision in writing to the immediately involved supervisor, who will arrange for a meeting to take place Committee Person within ten two (102) working days after receipt days.
Step 2 If the grievance has not been resolved at Step 1 between the General Supervisor and the Committee Person, the full Union Committee may take the grievance to the next step of the grievance. Such written grievance shall be filed with such supervisor procedure by referring it in writing within ten four (104) working days of the event giving rise Company’s last answer at Step 1. A meeting will then be scheduled with the Union Committee, the Human Resources Manager, and the Department Manager, who will attempt to resolve the grievance. Meetings will be held within one week from the date of referral and may from time to time be extended an additional week by the Human Resource Manager and/or Plant Chairperson. The Association’s representative, Human Resource Manager will provide a written answer within four (4) working days. Any grievances in the grievant above steps not answered or appealed within the time limits shall automatically be referred to the next step of the Grievance Procedure unless the time limit has been mutually extended by the Union and the immediately involved supervisor may be present for the meetingCompany in writing. Within ten Any grievances resolved at Steps one (101) working days of the meeting, the grievant and the Association or Steps (2) shall be provided with the supervisor’s written response, including the reasons for the decisionwithout prejudice or precedent.
B. Step B. 3 If the grievance is not resolved at Step A2, then the grievant/Association it may refer the grievance be appealed to the Superintendent or the Superintendent’s official designee this next step. Such appeal will be in writing and within ten four (104) working days after receipt of from the Step A Company’s answer or within ten (10) working days after the Step A meeting, whichever is the later. The Superintendent shall arrange for a meeting to take place within ten (10) working days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) working days of the meeting, the Association and the grievant, if other than the Association, shall be provided with the
C. Step C. If the grievance is not resolved at Step B, then the parties, by mutual agreement, may submit the grievance to mediation by filing within ten (10) working days of the Superintendent’s or the Superintendent’s official designee’s written decision or reply, a request for mediation with the Federal Mediation and Conciliation Service (FMCS)at
Appears in 1 contract
Samples: Collective Agreement