Grievance Steps. Step 1. Grievances shall in the first instance be presented to the supervisor of the employee or group of employees involved. Step 2. If, within three (3) working days after presenting the grievance to the supervisor, it is not satisfactorily adjusted, it shall be referred to the Senior Management Representative of the division of the bargaining unit involved or to such person as shall be designated by the management to act in place thereof. The hearing for Step 2 may be held simultaneously with Step 1 at the Senior Management Representative’s option. In such case, however, the time allowed for Step 2, if necessary, shall commence from the time of the combined hearing. Step 3. If, within three (3) working days after presenting the grievance in Step 2 hereof, it is not satisfactorily adjusted, it shall be referred to the Labor Relations Section of the Human Resource Department. At the request of either party the grievance shall then be heard within five (5) working days by a Grievance Committee consisting of not more than four (4) representatives of the Union and not more than an equal number of representatives of the Employer exclusive of witnesses in an attempt to reach a satisfactory resolution of the issue. (Toward that end, the parties agree to disclose their positions in detail and upon request, to exchange information regarding the evidence upon which they intend to rely in arbitration if the matter remains unresolved. Any additional evidence not disclosed at this meeting may not be utilized at the arbitration hearing unless the party (parties) was genuinely unaware of the evidence at the Step 3 meeting. The party who finds such additional evidence agrees to notify the other party of such findings so that an additional effort may be made to resolve the issue prior to arbitration, or if found during arbitration, agrees to notify the other party of such evidence before it is presented in testimony). Step 4. If the grievance is not adjusted by the parties, it may be designated by either party, in writing, to be submitted to arbitration within forty (40) working days of the third step hearing unless the time for submission is extended by written agreement of the parties, any grievance not so submitted will be considered administratively closed. Before the arbitration hearing date, the Union President and/or the International Representative shall meet with the Company to review the grievance in an attempt to reach a satisfactory resolution of the issue.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Steps. Step The parties hereto acknowledge that it is usually most desirable for a Bargaining Unit Member and his immediately involved supervisor to resolve problems through a free and informal communication. When requested by the Bargaining Unit Member, the building representative may accompany the Bargaining Unit Member to assist in the informal resolution of the grievance. If, however, such informal processes fail to satisfy the Bargaining Unit Member or the Association, a grievance may be processed as follows:
1. Grievances shall The Bargaining Unit Member or the Association may present the grievance in the first instance be presented writing to the supervisor immediately involved who will arrange for a meeting to take place within ten (10) days after receipt of the employee grievance. The written grievance should state the nature of the grievance should note the specific clause or group clauses of employees involved.
Step 2the Agreement allegedly violated, and should state the remedy requested. IfThe filing of the grievance at this step must be within thirty (30) school days from the date of the occurrence of the event giving rise to the grievance, within three (3) working days after presenting or from the date when the grievant should reasonably have known of such occurrence, whichever is later. The grievant shall be present for the meeting. The supervisor shall provide a written answer of the grievance to the supervisor, it is not satisfactorily adjusted, it shall be referred to aggrieved Bargaining Unit Member and the Senior Management Representative of the division of the bargaining unit involved or to such person as shall be designated by the management to act in place thereof. The hearing for Step 2 may be held simultaneously with Step 1 at the Senior Management Representative’s option. In such case, however, the time allowed for Step 2, if necessary, shall commence from the time of the combined hearing.
Step 3. If, Association within three ten (310) working days after presenting the grievance in Step 2 hereof, it is not satisfactorily adjusted, it shall be referred to the Labor Relations Section of the Human Resource Department. At the request of either party the grievance shall then be heard within five (5) working days by a Grievance Committee consisting of not more than four (4) representatives of the Union and not more than an equal number of representatives of the Employer exclusive of witnesses in an attempt to reach a satisfactory resolution of the issue. (Toward that end, the parties agree to disclose their positions in detail and upon request, to exchange information regarding the evidence upon which they intend to rely in arbitration if the matter remains unresolved. Any additional evidence not disclosed at this meeting may not be utilized at the arbitration hearing unless the party (parties) was genuinely unaware of the evidence at the Step 3 meeting. The party who finds such additional evidence agrees to notify answer shall include the other party of such findings so that an additional effort may be made to resolve reason for the issue prior to arbitration, or if found during arbitration, agrees to notify the other party of such evidence before it is presented in testimony)decision.
Step 42. If the grievance is not adjusted by resolved at Step 1, then the partiesAssociation shall refer the grievance to the Superintendent or his official designee within ten (10) days after receipt of the Step 1 answer, or within twelve (12) days after the Step 1 meeting, whichever is later. The Superintendent shall arrange for a meeting with the representatives of the Association's grievance committee to take place within ten (10) days of his receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the hearing, the Superintendent shall have fifteen (15) days in which to provide this written decision with reasons to the Association.
3. If the Association is not satisfied with the disposition of the grievance at Step 2, or the time limits expire without the issuance of the Superintendent's written reply, the Association may be designated by either party, in writing, submit the grievance to be submitted to binding arbitration. The American Arbitration Association shall act as the administrator of the proceedings. If a demand for arbitration is not filed within forty thirty (4030) working days of the third step hearing unless Superintendent's answer at Step 2, then the time for submission is extended grievance shall be deemed withdrawn.
a. The arbitrator shall have no power to alter the terms of this Agreement or to amend, modify, nullify, ignore, or add to the provisions of this Agreement. His authority shall be strictly limited to deciding only the issue or issues presented to him in writing by written agreement the Board and the Association, and his decision must be based solely on this interpretation of the meaning or application of the express relevant language of this Agreement.
b. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitrator and the American Arbitration Association shall be divided equally between the parties.
c. If either party requests a transcript of the proceedings, any grievance not so submitted that party shall bear the full cost of that transcript. If both parties order a transcript, the cost of the two transcripts shall be divided equally between the parties. If a copy of the transcript shall be furnished to the arbitrator, the cost of such shall be divided equally between the parties.
d. Meetings, conferences, and hearings under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses entitled to be present, to attend and will be considered administratively closed. Before the arbitration hearing dateheld, the Union President and/or the International Representative shall meet with the Company to review the grievance in an attempt to reach a satisfactory resolution insofar as possible, after regular school hours or during non-teaching time of the issuepersonnel involved. When such meetings, conferences, and hearings are held during school hours by mutual consent of all parties involved, ail personnel whose presence is required shall be excused from their assignments to the extent required for that purpose with loss of pay or benefits.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Steps. 4/2/1 Step 1. Grievances shall in One: Within seven (7) calendar days of receipt of the first instance be presented written grievance from the employee(s) or his/her representative, the immediate supervisor and/or the designated employing unit representative will schedule a meeting with the employee and his/her representative to hear the grievance and return a written answer to the supervisor employee and his/her representative. The parties can mutually agree to waive Step One. 4/2/2 Step Two: If dissatisfied with management’s answer in Step One, to be considered further, the grievance must be appealed to the appointing authority or his/her designee (i.e., Division Administrator, Bureau Director, or personnel office) within seven (7) calendar days from receipt of the answer in Step One. The designated agency representative(s) will meet with the employee and his/her designated representative(s) to discuss and attempt to resolve the grievance. Following this meeting, the written decision of the agency will be placed on the grievance by the appointing authority or group of employees involved.
Step 2. Ifhis/her designee and returned to the grievant and his/her representative, within three twenty-one (321) working calendar days after presenting from receipt of the appeal to Step Two. 4/2/3 Step Three: Grievances which have not been settled under the foregoing procedure may be appealed to arbitration by either party within fifteen (15) calendar days from the date of the agency’s answer in Step Two, or the grievance will be considered ineligible for appeal to arbitration. The party to which unresolved second step grievances are appealed to arbitration is the supervisor, it Office of State Employment Relations. If an unresolved grievance is not satisfactorily adjustedappealed to arbitration, it shall be referred to considered terminated on the Senior Management Representative basis of the division Second Step answers of the bargaining unit involved parties without prejudice or precedent in the resolution of future grievances. The issue as stated in the Second Step shall constitute the sole and entire subject matter to such person as shall be designated heard by the management to act in place thereof. The hearing for Step 2 may be held simultaneously with Step 1 at the Senior Management Representative’s option. In such casearbitrator, however, the time allowed for Step 2, if necessary, shall commence from the time of the combined hearing.
Step 3. If, within three (3) working days after presenting the grievance in Step 2 hereof, it is not satisfactorily adjusted, it shall be referred to the Labor Relations Section of the Human Resource Department. At the request of either party the grievance shall then be heard within five (5) working days by a Grievance Committee consisting of not more than four (4) representatives of the Union and not more than an equal number of representatives of the Employer exclusive of witnesses in an attempt to reach a satisfactory resolution of the issue. (Toward that end, unless the parties agree to disclose their positions in detail and upon request, to exchange information regarding modify the evidence upon which they intend to rely in arbitration if the matter remains unresolved. Any additional evidence not disclosed at this meeting may not be utilized at the arbitration hearing unless the party (parties) was genuinely unaware scope of the evidence at hearing. 4/2/4 For the Step 3 meeting. The party who finds such additional evidence agrees to notify purpose of selecting an impartial arbitrator, the other party of such findings so that an additional effort may be made to resolve the issue prior to arbitration, parties or if found during arbitration, agrees to notify the other party of such evidence before it is presented in testimony).
Step 4. If the grievance is not adjusted by the parties, it may be designated by either party, in writingacting jointly or separately, shall request the Wisconsin Employment Relations Commission to be submitted appoint a staff member to arbitration within forty (40) working days serve as the impartial arbitrator of the third step hearing unless the time for submission is extended by written agreement of the parties, any grievance not so submitted will be considered administratively closed. Before the arbitration hearing date, the Union President and/or the International Representative shall meet with the Company to review the grievance in an attempt to reach a satisfactory resolution of the issuegrievance.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Steps. Step 1. Grievances shall in In the first instance be presented to the supervisor of event that a grievant believes there is a basis for a grievance, the employee or group of employees involved.
Step 2. If, within three (3) working days after presenting may first discuss the alleged grievance to with the supervisor, it is not satisfactorily adjusted, it shall be referred to the Senior Management Representative of the division of the bargaining unit involved or to such immediate supervisor in person as shall be designated accompanied by the management to act in place thereof. The hearing for Step 2 may be held simultaneously with Step 1 at the Senior Management Representative’s option. In such case, however, the time allowed for Step 2, if necessary, shall commence from the time of the combined hearing.
Step 3. If, within three (3) working days after presenting the grievance in Step 2 hereof, it is not satisfactorily adjusted, it shall be referred to the Labor Relations Section of the Human Resource Department. At the request of either party the grievance shall then be heard within five (5) working days by a Grievance Committee consisting of not more than four (4) representatives of the Union and not more than an equal number of representatives of the Employer exclusive of witnesses in an attempt to reach a satisfactory resolution of the issue. (Toward that end, the parties agree to disclose their positions in detail and upon request, to exchange information regarding the evidence upon which they intend to rely in arbitration if the matter remains unresolved. Any additional evidence not disclosed at this meeting may not be utilized at the arbitration hearing unless the party (parties) was genuinely unaware of the evidence at the Step 3 meeting. The party who finds such additional evidence agrees to notify the other party of such findings so that an additional effort may be made to resolve the issue prior to arbitration, or if found during arbitration, agrees to notify the other party of such evidence before it is presented in testimony).
Step 4Association representative. If the grievance is not adjusted by thus resolved, formal grievance procedures may be instituted. However, the partiesexhaustion of the informal procedure is not a condition precedent to invoking the formal Grievance Procedure.
A. Step 1
1. The grievant may invoke the formal Grievance Procedure through the Association on the form set forth in Appendix 7 which will be available from the Association representative in each building, setting forth the following:
a. The facts upon which the grievance is based;
b. Reference to the specific provision(s) of this Agreement which is/are alleged to have been violated;
c. Remedy sought.
2. A copy of the grievance form shall be delivered to the immediate supervisor. If the grievance involves more than one school building or is based on action of a District-level administrator, it may be designated by either party, in writing, to filed with the Superintendent or designee. A grievance form must be submitted to arbitration filed within forty twenty (4020) working days of the third step hearing unless occurrence of which the grievant complains or twenty (20) days of the time for submission is extended by written agreement when the grievant learned of the partiesoccurrence of which he/she complains, any grievance not so submitted will be considered administratively closedwhichever is later.
3. Before Within five (5) days of receipt of the arbitration hearing datewritten grievance, the Union President and/or the International Representative immediate supervisor shall meet with the Company grievant and an Association representative in an effort to review resolve the grievance. No meeting shall be required if, before filing a written grievance, the employee first discussed the alleged grievance with the immediate supervisor in person accompanied by an Association representative. The immediate supervisor shall indicate his/her disposition of the grievance in an attempt writing within five (5) days of such meeting and shall furnish a copy thereof to reach a satisfactory resolution the grievant and the Association.
B. Step 2
C. Step 3
1. If the Association is not satisfied with the disposition of the issuegrievance by the Superintendent or designee, the Association may proceed to Step 4 or the Association and the Superintendent may mutually agree to submit the grievance to an impartial mediator within five (5) days of the decision by the Superintendent or designee.
2. The parties shall select a mutually agreed-upon mediator. If the parties cannot agree upon a mediator, PERC will be contacted to provide a mediator who shall not be a PERC Hearing Officer.
3. The parties shall meet with the mediator for a period of time not to exceed two (2) days. If no solution acceptable to the Association is achieved within that time period, the Association may proceed to Step 4.
D. Step 4
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Steps. Step 1It is understood that employees have no until they have given their Supervisor an opportunity to adjust their complaint which shall be presented by the who shall be accompanied by their Xxxxxxx to their Supervisor within three full working days after the circumstances giving rise to the complaint have originated or occurred. Grievances shall If an employee has an unsettled complaint, it may be taken up as a grievance within three full working days after receiving the Supervisor's decision in the first instance following manner and sequence: 1st Step Between the employee, who shall be accompanied by their Xxxxxxx, and their Supervisor. The grievance shall be presented in writing and the decision of the Supervisor shall be rendered in writing within two full working days following the presenta- tion of the grievance. Failing settlement then: 2nd Step The matter may be presented in writing within two working days to the supervisor Division Manager, at which time the written record of the employee or group grievance shall be submitted and the Division Manager's written decision given within not more than three working days following receipt of employees involved.
the written grievance at this step. Failing settlement then: 3rd Step Within five full working days following the decision under Step 2. If: the griev- ance shall be submitted as part of the agenda for a meeting between the Plant Manager or and members of the plant Grievance Committee, within not exceeding three (3) in number. An outside repre- sentative of the Union may be present at such meeting. The decision of the Plant Manager or represent- ative shall be given in writing within five full working days of the said meeting. Failing settlement of any difference between the parties under Step No. of the Grievance Procedure, arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such difference or question may be taken to arbitration as provided in the Arbitration Procedure as set forth in this Agreement. If no written request for arbitration is received within ten working days after presenting the grievance to final decision under the supervisor, it Grievance Procedure is not satisfactorily adjustedgiven, it shall be referred deemed to have been settled or abandoned. Any difference arising directly between the Senior Management Representative Company and the Union may be submitted by either party at Step No. of the division Grievance Procedure and time limits provided thereby shall appropriately apply to both parties. The aggrieved employee may be present during each step of the bargaining unit involved Grievance Procedure and at Arbitration. When a group of employees has a complaint or to such person as grievance it shall first be designated taken up under Step No. and they may be represented by the management to act in place thereof. The hearing for Step 2 may be held simultaneously with Step 1 at the Senior Management Representative’s option. In such case, however, the time allowed for Step 2, if necessary, shall commence from the time of the combined hearing.
Step 3. If, within three (3) working days after presenting the grievance in Step 2 hereof, it is not satisfactorily adjusted, it shall be referred to the Labor Relations Section of the Human Resource Department. At the request of either party the grievance shall then be heard within five (5) working days by a Grievance Committee consisting of not more than four (4) representatives of the Union appropriate Xxxxxxx and not more than two employees. Any adjustment arising under a settlement through the Grievance Procedure or under a decision of an equal number of Arbitration Board shall not be made retroactive prior to the date the matter is first presented under the Grievance Procedure, except as to improper classification or book- keeping error involving an employee’s earnings. All decisions arrived at between representatives of the Employer exclusive of witnesses in an attempt to reach a satisfactory resolution Company and the of the issue. (Toward that endUnion shall be final and binding on the Company, the parties agree to disclose their positions in detail Union and upon request, to exchange information regarding the evidence upon which they intend to rely in arbitration if the matter remains unresolvedemployee or employees concerned. Any additional evidence not disclosed at this meeting may not be utilized at the arbitration hearing unless the party (parties) was genuinely unaware Failure of the evidence at Union or employees to comply with the Step 3 meetingtime limits in Steps and above, shall be considered an acceptance of the last answer given, thus disposing of the grievance. The Failure of the Company to comply with the time limits provided in Steps and above, shall be considered a refusal of the request involved in the grievance and immediate appeal to the next step in the procedure may be taken. When either party who finds such desires additional evidence agrees time within which to notify properly process a grievance, additional time within reasonable limits shall be granted by the other party upon written request. In any case of such findings so that an additional effort may be made to resolve the issue prior to arbitration, or if found during arbitration, agrees to notify the other party of such evidence before it is presented in testimony).
Step 4. If the a grievance is not adjusted by the parties, it may be designated by either party, in writing, to be submitted to arbitration within forty (40) working days of the third step hearing unless the time for submission is extended by written agreement of the parties, any grievance not so submitted will be considered administratively closed. Before the arbitration hearing dateinvolving discharge, the Union President and/or the International Representative shall meet with the Company to review the employee or employees concerned may present such a grievance in an attempt writing through the Xxxxxxx to reach the Company. The said grievance shall be dealt with in a satisfactory resolution of the issue.meeting as per Article Step
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Steps. Step 1. Grievances shall be handled in the first instance following manner: The written grievance must contain the following information:
a. the exact nature of the grievance;
b. the act or acts alleged to be presented 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 or grievants;
e. the specific article or provision of this Agreement or the past practice applicable to members of the bargaining unit, as specifically contained in the Employer’s written policies and procedures that are in effect upon the date 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 the grievance. 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 supervisor grievance within fourteen (14) calendar days of the employee presentation to agree to solve the grievance with the remedy specified by the Union or group of employees involved.
Step 2an alternative remedy or to deny the grievance. IfThe supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this timeframe, within three (3) working days after presenting the Union shall have the right to forward the grievance to the supervisor, it is not satisfactorily adjusted, it next step. Grievances concerning discharge or discrimination shall be referred 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 no later than fourteen (14) days following the date on which the Employer submits its written Step 2 Grievance Response to the Senior Management Representative Union. Upon a timely request, both parties shall enter into good faith mediation including using the services of 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 division of the bargaining unit involved or to such person as mediation. The mediation costs, if any, shall be designated by split equally between the management to act in place thereofparties. The hearing mediation shall be conducted within thirty (30) days unless the parties are unable for Step 2 may be held simultaneously with Step 1 at good reason to schedule the Senior Management Representative’s optionmediation in that time-period. In such case, however, the time allowed for Step 2, if necessary, no event shall commence from the time of the combined hearing.
Step 3. If, within three a mediation be conducted later than sixty (360) working days after presenting the grievance in Step 2 hereof, it is not satisfactorily adjusted, it shall be referred to the Labor Relations Section of the Human Resource Department. At the a timely request of either party the grievance shall then be heard within five (5) working days by a Grievance Committee consisting of not more than four (4) representatives of the Union and not more than an equal number of representatives of the Employer exclusive of witnesses in an attempt to reach a satisfactory resolution of the issue. (Toward that end, for mediation unless the parties agree to disclose their positions in detail and upon request, to exchange information regarding the evidence upon which they intend to rely in arbitration if the matter remains unresolved. Any additional evidence not disclosed at this meeting may not be utilized at the arbitration hearing unless the party (parties) was genuinely unaware of the evidence at the Step 3 meeting. The party who finds such additional evidence agrees to notify the other party of such findings so that an additional effort may be made to resolve the issue prior to arbitration, or if found during arbitration, agrees to notify the other party of such evidence before it is presented in testimony).
Step 4. If the grievance is not adjusted by the parties, it may be designated by either party, in writing, to be submitted to arbitration within forty (40) working days of the third step hearing unless the time for submission is extended by written agreement of the parties, any grievance not so submitted will be considered administratively closed. Before the arbitration hearing date, the Union President and/or the International Representative shall meet with the Company to review the grievance in an attempt to reach a satisfactory resolution of the issue.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Steps. a) Step 1. Grievances shall in One: Director: Any employee who feels they have a grievance may take up the first instance be presented to grievance with the supervisor Library Director within ten (10) days of the date upon which the employee became aware of it, or group within ten (10) days from the date of employees involvedits occurrence. The Director shall inquire regarding the background of the grievance, as needed, and shall attempt to arrange a mutually satisfactory settlement of the grievance on an oral or informal basis within ten (10) days.
b) Step 2. If, within three (3) working days after presenting the grievance to the supervisor, it is not satisfactorily adjusted, it shall be referred to the Senior Management Representative Two: Library Board of the division of the bargaining unit involved or to such person as shall be designated by the management to act in place thereof. The hearing for Step 2 may be held simultaneously with Step 1 at the Senior Management Representative’s option. In such case, however, the time allowed for Step 2, if necessary, shall commence from the time of the combined hearing.
Step 3. If, within three (3) working days after presenting the grievance in Step 2 hereof, it is not satisfactorily adjusted, it shall be referred to the Labor Relations Section of the Human Resource Department. At the request of either party the grievance shall then be heard within five (5) working days by a Grievance Committee consisting of not more than four (4) representatives of the Union and not more than an equal number of representatives of the Employer exclusive of witnesses in an attempt to reach a satisfactory resolution of the issue. (Toward that end, the parties agree to disclose their positions in detail and upon request, to exchange information regarding the evidence upon which they intend to rely in arbitration if the matter remains unresolved. Any additional evidence not disclosed at this meeting may not be utilized at the arbitration hearing unless the party (parties) was genuinely unaware of the evidence at the Step 3 meeting. The party who finds such additional evidence agrees to notify the other party of such findings so that an additional effort may be made to resolve the issue prior to arbitration, or if found during arbitration, agrees to notify the other party of such evidence before it is presented in testimony).
Step 4Trustees. If the grievance is has not adjusted by the partiesbeen resolved, it may be designated submitted, within ten (10)days of the decision at Step One, to the President of the Board of Trustees or his/her designee. The Library Board of Trustees may, within twenty (20) days of notification of the grievance, schedule a meeting between the Board or a committee of the Board, the Union and the affected employee(s). A decision will be rendered by either partythe Board or a committee thereof, in writing, to within twenty (20) days following the meeting by the Board or the filing of the Step Two Grievance if no meeting is held.
c) Step 3: Arbitration
1) If the grievance has not been resolved at Step 2, it may be submitted to arbitration within forty twenty (4020) working days of the third decision at Step Two to Arbitration. The Arbitrator is specifically excluded from hearing or ruling on any grievance that has not been timely filed at any step hearing unless by the time for submission Union, however, where there is extended a dispute as to whether a grievance has been timely filed, that issue shall be subject to determination by written agreement the arbitrator in advance of the parties, any grievance not so submitted will be considered administratively closed. Before arbitration hearing.
2) The cost of the arbitration hearing date, shall be borne equally by the Union President and/or and the International Representative shall meet Library.
3) The Arbitrator must be selected from a list submitted by PERC which is mutually agreed upon by both the Library and the Union. The Arbitrator may design any remedy he/she sees fit so long as it is consistent with the Company provisions of this Agreement. The Arbitrator shall be prohibited from adding to, deleting or modifying any provision of this Agreement, and shall have no authority to review hear a grievance that has been filed on an untimely basis by the Union, however, where there is a dispute as to whether a grievance has been timely filed, that issue shall be subject to determination by the arbitrator in advance of the arbitration hearing. The arbitrator’s ruling is final and binding.
4) Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration. The Union’s decision to request the movement of a grievance to arbitration or to terminate the grievance in an attempt prior to reach a satisfactory resolution submission to arbitration shall be final as to the interests of the issuegrievant and the Union.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Steps. Step 1The Company and the Union mutually agree that, when a grievance, complaint or dispute arises in the plant coming under the terms of this Agreement, it shall be taken up in the manner set out below. The parties agree the complaints and grievances should be initiated and processed promptly. Grievances as a result of a discharge or suspensions and policy grievances shall be initiated at Step 2.
(a) The grievance shall first be taken up within twenty (20) working days, excluding days on vacation, by the employee with their immediate supervisor; the employee will be accompanied by a shop xxxxxxx. If during that meeting no satisfactory settlement is reached, then the grievance may be written up immediately. The supervisor will submit a written reply within three (3) working days. Grievances other than those involving individual employees may be initiated at Step Two by either party.
(b) The Union and Company Standing Committees, on notification in writing of the first instance be presented grievance from one to the supervisor other of the employee or group existence of employees involved.
Step 2. Ifa grievance, shall, within three (3) working days, agree on a mutually satisfactory date for a meeting thereon, but in no case longer than five (5) days after presenting from the grievance to the supervisor, it is not satisfactorily adjusted, it shall be referred to the Senior Management Representative date such notice has been given. An officer of the division of the bargaining unit involved or to such person as shall be designated by the management to act in place thereof. The hearing for Step 2 Local 539 may be held simultaneously with Step 1 present at this meeting. Subjects not listed on the Senior Management Representative’s optionwritten notice shall nevertheless be dealt with. In such case, however, If the time allowed for Step 2, if necessary, shall commence from the time of the combined hearing.
Step 3. If, within three (3) working days after presenting the grievance in Step 2 hereof, it is not satisfactorily adjusted, it shall be referred two Standing Committees are unable to the Labor Relations Section of the Human Resource Department. At the request of either party the grievance shall then be heard arrive at a settlement within five (5) working days by a Grievance Committee consisting of not more than four (4) representatives of the Union and not more than an equal number of representatives of the Employer exclusive of witnesses in an attempt to reach a satisfactory resolution of the issue. (Toward that endtheir first meeting, the parties agree to disclose their positions in detail and upon request, to exchange information regarding the evidence upon which they intend to rely in arbitration if the matter remains unresolved. Any additional evidence not disclosed at this meeting may not be utilized at the arbitration hearing unless the party (parties) was genuinely unaware of the evidence at the Step 3 meeting. The party who finds such additional evidence agrees to notify the other party of such findings so that an additional effort question may be made to resolve the issue prior to arbitration, or if found during arbitration, agrees to notify the other party of such evidence before it is presented dealt with as set out in testimony)(c) below.
Step 4. If the (c) The grievance is not adjusted by the partiesmay, it may be designated upon written request by either party, within thirty (30) days (a copy of which request shall be delivered to the other party), be referred to the President of the Unifor (or his representative) and Director of Human Resources or their representative who shall meet within thirty (30) days. It is agreed that the Standing Committees and Plant Manager may take part in writing, to be submitted to arbitration this meeting. (It is understood that their representative shall not include a representative that participated in step two of the grievance meeting). Either party will submit a written reply within forty twenty-one (4021) working days of the third step hearing unless grievance meeting.
(d) If no agreement is reached at this stage, the time for submission is extended by written agreement matter may be referred to Arbitration, within thirty (30) days, as set out in (e) below.
(e) The Company and Union will endeavour to agree upon the single Arbitrator. In the event the Company and Union cannot agree upon the selection of the partiesArbitrator, any grievance not so submitted they will apply, within a thirty (30) day period to have the Arbitrator appointed under the provisions of the Alberta Labour Relations Code. After the Arbitrator has been chosen by the foregoing procedure, this Arbitrator shall meet and hear evidence of both sides and render a decision within fifteen (15) days after they have concluded their hearings, said decision to be considered administratively closedfinal and binding upon all parties to this Agreement. Before In the arbitration hearing datecase of discharge or suspension which the Arbitrator has determined to have been unjust, the Union President and/or Arbitrator shall order the International Representative shall meet with the Company to review the grievance in an attempt to reach a satisfactory resolution reinstatement of the issueemployee and shall award their back pay. In the case of back pay, should there be any doubt in the opinion of the board, the Arbitrator may order all or part of back pay as it deems fit.
Appears in 1 contract
Samples: Collective Agreement
Grievance Steps. Step 1. Grievances shall in (a) Such difference or xxxxxxxxx xxxx first be taken up with the first instance be presented to the supervisor of the employee or group of employees involved.
Step 2. If, within three (3) working days after presenting the grievance to the employee’s immediate supervisor, it who is not satisfactorily adjusted, it shall be referred to the Senior Management Representative of the division a member of the bargaining unit involved unit, within fourteen (14) days of such difference or grievance arising.
(b) If such difference or grievance is not settled within seven (7) days, the Union shall present such grievance or difference, in writing, to the Secretary-Treasurer of the Board, or his designate.
(c) If the Secretary-Treasurer of the Board, or his designate, is unable to effect a settlement of the dispute within seven (7) days, the matter xxxx then be submitted to a conciliation committee composed of two (2) members of the Board, and two (2) members appointed by the Union. It is understood and agreed that the Board and the Union shall each have the right to have an advisor in attendance at any meeting(s) of the said committee. It is further agreed that the said committee xxxx be under the chairmanship of a member of the Board.
(d) If the conciliation is unable to effect a settlement of such person as grievance or dispute, within seven (7) days of receipt of such grievance by the board, then the matter shall be designated by submitted to a Board of Arbitration appointed in the management following manner: Each Party to act the Agreement shall notify the other, in place thereof. The hearing for Step 2 may be held simultaneously with Step 1 at the Senior Management Representative’s option. In such casewriting, however, the time allowed for Step 2, if necessary, shall commence from the time of the combined hearing.
Step 3name and address of its appointee to the Board of Arbitration. If, within three (3) working days after presenting the grievance in Step 2 hereof, it is not satisfactorily adjusted, it Such appointments shall be referred to the Labor Relations Section of the Human Resource Department. At the request of either party the grievance shall then be heard made within five (5) working days by a Grievance Committee consisting of not more than four (4) representatives of the Union and not more than an equal number of representatives of the Employer exclusive of witnesses in an attempt to reach a satisfactory resolution of the issue. (Toward that end, the parties agree to disclose their positions in detail and upon request, to exchange information regarding the evidence upon which they intend to rely in arbitration if the matter remains unresolved. Any additional evidence not disclosed at this meeting may not be utilized at the arbitration hearing unless the party (parties) was genuinely unaware of the evidence at the Step 3 meeting. The party who finds such additional evidence agrees to notify the other party of such findings so that an additional effort may be made to resolve the issue prior to arbitration, or if found during arbitration, agrees to notify the other party of such evidence before it is presented in testimony).
Step 4. If the grievance is not adjusted by the parties, it may be designated by either party, in writing, to be submitted to arbitration within forty (40) working days of the third step hearing unless the time for submission is extended by written agreement failure of the partiesconciliation committee to effect a settlement of the dispute. The two persons so appointed shall, any grievance not so submitted will within five (5) days from the date of appointment of the last member, select a third member of the Board of Arbitration, who shall be considered administratively closedchairman. Before Should the arbitration hearing datemembers appointed by the Parties fail to agree on a chairman within five (5) days, the Union President and/or said chairman xxxx be appointed by the International Representative shall meet with the Company to review the grievance in an attempt to reach a satisfactory resolution Minister of Labour of the issueProvince of British Columbia. The Board of Arbitration shall finally settle the matter within ten (10) days after the appointment of the chairman. The majority decision of the Board of Arbitration shah be final and binding upon the Parties; and each Party shall be responsible for the expenses of its appointee as well as one-half (1/2) of the expenses of the chairman.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance Steps. 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 this understood this provision does not apply with specific regard to any rights an employee possesses under federal and state anti-discrimination laws.
Step 1. Grievances shall I. If the grievance has not been settled in the first instance informal procedure above, it may be presented by the Association or the employee, in writing to the supervisor of appropriate Vice President or equivalent officer within thirty (30) calendar days after the employee or group the Association, through the use of employees involvedreasonable diligence, should have had knowledge of the occurrence that gave rise to the grievance. The written grievance shall set forth the nature of the grievance, the facts upon which it is based, the specific section(s) of the Agreement allegedly violated and the relief requested. The parties shall, within ten (10) calendar days of the receipt of the grievance, arrange a grievance meeting, unless another timeline for the Step I meeting is mutually agreed upon. The Vice President or the equivalent officer or his/her designee shall respond in writing to the Association and the employee no later than fourteen (14) calendar days after the Step I meeting.
Step 2II. IfIf the grievance remains unsettled, it may be presented by the Association or the employee in writing to the university President within ten (10) calendar days after the response of the Vice President or his/her designee. The parties shall, within three ten (310) working 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 presenting the grievance to the supervisor, it is not satisfactorily adjusted, it shall be referred to the Senior Management Representative of the division of the bargaining unit involved or to such person as shall be designated by the management to act in place thereof. The hearing for Step 2 may be held simultaneously with Step 1 at the Senior Management Representative’s option. In such case, however, the time allowed for Step 2, if necessary, shall commence from the time of the combined hearingII meeting.
Step 3. If, within three (3) working days after presenting the grievance in Step 2 hereof, it is not satisfactorily adjusted, it shall be referred to the Labor Relations Section of the Human Resource Department. At the request of either party the grievance shall then be heard within five (5) working days by a Grievance Committee consisting of not more than four (4) representatives of the Union and not more than an equal number of representatives of the Employer exclusive of witnesses in an attempt to reach a satisfactory resolution of the issue. (Toward that end, the parties agree to disclose their positions in detail and upon request, to exchange information regarding the evidence upon which they intend to rely in arbitration if the matter remains unresolved. Any additional evidence not disclosed at this meeting may not be utilized at the arbitration hearing unless the party (parties) was genuinely unaware of the evidence at the Step 3 meeting. The party who finds such additional evidence agrees to notify the other party of such findings so that an additional effort may be made to resolve the issue prior to arbitration, or if found during arbitration, agrees to notify the other party of such evidence before it is presented in testimony).
Step 4III. If the grievance is not adjusted by still unresolved after the partiesresponse of the university President or his/her designee, it may be designated presented to the Chancellor or his/her designee by either partythe Association or the employee within fifteen (15) calendar days after the response of the President. The parties shall, in writing, to be submitted to arbitration within forty ten (4010) working calendar days of the third step hearing unless the time for submission is extended by written agreement receipt of the partiesgrievance, any arrange a grievance not so submitted will be considered administratively closedmeeting, unless another timeline for the Step III meeting is mutually agreed upon. Before the arbitration hearing date, the Union President and/or the International Representative The Chancellor or his/her designee shall meet with the Company respond to review the grievance in an attempt to reach a satisfactory resolution of no later than fifteen (15) calendar days after the issueStep III meeting.
Appears in 1 contract
Samples: Master Agreement
Grievance Steps. Grievances shall be settled in the following manner: If the employee has a grievance against the Employer, the procedure for settlement shall commence at Step 1. Grievances If the Employer or the Union has a grievance the procedure for settlement shall in commence at Step 3.
STEP 1: The employee involved shall first take up the first instance be presented to grievance with the supervisor directly in charge of the employee or group of employees involved.
Step 2. If, work within three ten (310) working days after presenting of the circumstances giving rise to the grievance. The employee may be accompanied by an Office Xxxxxxx. The Employer shall give a decision within five (5) working days of such meeting.
STEP 2: If the grievance is not resolved at Step 1, the matter shall be reduced to writing by the Grievor and/or Office Xxxxxxx and submitted to the supervisormanagement persons designated by the Employer within ten (10) working days following the decision rendered at Step 1. The Grievor, it along with the Office Committee, shall meet with the designated management persons to attempt to settle the matter. The Employer shall give a decision within ten (10) working days of such meeting.
STEP 3: If the grievance is not satisfactorily adjustedresolved at Step 2, it shall be referred to the Senior Management Representative of the division Union and a Representative of the bargaining unit involved or to such person as shall be designated by the management to act in place thereof. The hearing for Step 2 may be held simultaneously with Step 1 at the Senior Management Representative’s option. In such case, however, the time allowed for Step 2, if necessary, shall commence from the time of the combined hearing.
Step 3. If, Employer within three ten (310) working days after presenting of the decision rendered at Step 2. Failing settlement within ten (10) working days of receipt of the grievance at this Step, either Party may refer the matter to arbitration as provided in Step 2 hereofArticle 19 within twenty (20) days of the decision at this Step. In the event a grievance is initiated by the Employer or the Union, it is not satisfactorily adjustedthe initiating Party shall notify the other Party, it in writing, of the nature of the grievance and such notice shall be referred to the Labor Relations Section of the Human Resource Department. At the request of either party the grievance shall then be heard given within five (5) working days by a Grievance Committee consisting of not more than four (4) representatives of the Union and not more than an equal number of representatives of circumstances giving rise to the Employer exclusive of witnesses in an attempt to reach a satisfactory resolution of grievance unless the issue. (Toward that end, the parties Parties agree to disclose their positions in detail and upon request, to exchange information regarding the evidence upon which they intend to rely in arbitration if the matter remains unresolvedan extension of time. Any additional evidence not disclosed at this meeting may not be utilized at the arbitration hearing unless the party Failing settlement within ten (parties) was genuinely unaware of the evidence at the Step 3 meeting. The party who finds such additional evidence agrees to notify the other party of such findings so that an additional effort may be made to resolve the issue prior to arbitration, or if found during arbitration, agrees to notify the other party of such evidence before it is presented in testimony).
Step 4. If the grievance is not adjusted by the parties, it may be designated by either party, in writing, to be submitted to arbitration within forty (4010) working days of receipt of notice, either Party may refer the third step hearing unless the time for submission is extended by written agreement dispute to Arbitration as set forth in Article 19 within twenty (20) days of the parties, any grievance not so submitted will be considered administratively closed. Before the arbitration hearing date, the Union President and/or the International Representative shall meet with the Company to review the grievance in an attempt to reach a satisfactory resolution of the issuedecision at this Step.
Appears in 1 contract
Samples: Collective Agreement
Grievance Steps. An employee shall first discuss their grievance informally with their immediate supervisor or department manager and attempt to settle the matter. If the employee so wishes, they may be accompanied by a member of the Grievance Committee who may take part in the discussions. Should this procedure be unsuccessful, the following shall be the procedure for the adjustment and settlement thereof:
STEP 1: The grievance shall be reduced to writing and a copy thereof delivered to a designated senior representative of the Company within ten (10) working days of the arising of such grievance. A copy shall also be delivered simultaneously to the employee designated by the employees as the Chair of their Grievance Committee. The grievance shall be discussed with the designated senior representative of the Company and the local Grievance Committee, consisting of not more than two (2) members. Such meeting shall take place within ten (10) days of the written request for the meeting. The written request for such meeting must be made within two (2) working days of the delivery of the grievance as noted in Step 1. Grievances shall in If the first instance be presented to the supervisor of the employee or group of employees involved.
Step 2. If, grievance is not settled within three ten (310) working days after presenting the grievance to meeting described in Step 2, the supervisor, it is not satisfactorily adjusted, it matter shall be referred to the Senior Management Representative Regional General Manager of the division of Company and the bargaining unit involved Local Union President or to such person as shall be designated by Local Union Chair and/or the management to act in place thereofRegional Unifor representative, or their designees, for further discussion and consideration. The hearing for Step 2 may be held simultaneously with Step 1 at the Senior Management Representative’s option. In such case, however, the time allowed for Step 2, if necessary, shall commence from the time of the combined hearing.
Step 3. If, within three (3) working days after presenting the grievance in Step 2 hereof, it is not satisfactorily adjusted, it shall be referred to the Labor Relations Section of the Human Resource Department. At the request of either party initiating the grievance shall then be heard responsible for taking this step, and shall do so within five (5) working days by a Grievance Committee consisting of not more than four the expiration of the aforementioned ten (410) days. In the event that the representatives of the Company and the Union and cannot more than an equal number of representatives reach agreement, either party may, within sixty (60) days of the Employer exclusive of witnesses meeting described in an attempt Step 3, submit the grievance to reach a satisfactory resolution of the issue. (Toward that end, the parties agree to disclose their positions in detail and upon request, to exchange information regarding the evidence upon which they intend to rely in arbitration if the matter remains unresolved. Any additional evidence not disclosed at this meeting may not be utilized at the arbitration hearing unless the party (parties) was genuinely unaware of the evidence at the Step 3 meetingbinding arbitration. The party who finds such additional evidence agrees to notify the other party of such findings so that an additional effort may be made to resolve the issue prior to arbitrationparties shall, or if found during arbitration, agrees to notify the other party of such evidence before it is presented in testimony).
Step 4. If the grievance is not adjusted by the parties, it may be designated by either party, in writing, to be submitted to arbitration within forty ten (4010) working days of the third step hearing unless the time for submission is extended by written agreement sending of the partiesnotice requesting arbitration, any grievance not so submitted will be considered administratively closedselect a mutually acceptable arbitrator. Before If the arbitration hearing dateparties are unable to agree on the selection of an arbitrator within these ten (10) days, the Union President Federal Minister of Labour shall be requested to appoint the arbitrator. The cost and/or expenses of such arbitration shall be borne equally by the International Representative Company and the Union, except that no party shall meet be obligated to pay the cost of stenographic transcript without express consent. The person selected/appointed in accordance with the Company above must agree to review render an award within ninety (90) days from the grievance in an attempt to reach a satisfactory resolution date of the issuelast day of the hearing.
Appears in 1 contract
Samples: Collective Agreement
Grievance Steps. Step 1. Grievances shall in the first instance : A formal grievance must be presented to the supervisor of the employee or group of employees involved.
Step 2. If, within three (3) working days after presenting the grievance to the supervisor, it is not satisfactorily adjusted, it shall be referred to the Senior Management Representative of the division initiated by an aggrieved member of the bargaining unit involved or unit. The aggrieved member must provide in writing the entire grievance and all reasons for the grievance. The aggrieved member must sign and date the written grievance and enclose the applicable provisions of this Agreement that the member believes the City has violated. The aggrieved member shall present all materials to such the person as shall be designated by the management Association within ten (10) business days after the day the member knew or should have known the facts that gave rise to act the grievance. Failure to present the grievance in place thereof. The hearing for Step 2 may be held simultaneously with Step 1 at the Senior Management Representative’s optionmanner and within the time set forth herein shall result in the City not considering the grievance. In such case, howeverthe parties shall consider the grievance settled by the Employer's last position.
Step 2: If the grievance is accepted by the Association in Step 1, the time allowed for Step 2Association shall submit the grievance to the Police Chief, if necessarywho shall attempt to resolve the grievance to the satisfaction of all parties concerned. The Police Chief shall answer, shall commence from the time in writing, no later than ten (10) business days of receipt of the combined hearingwritten grievance.
Step 3: If the Association is not satisfied with the answer obtained in Step 2, the Association shall give written notice to the City Manager of intent to mediate the grievance. If, within three The Association shall provide such written notice to the City Manager no later than ten (310) working business days after presenting receiving the grievance Police Chief’s response. Within ten (10) business days after filing the notice to mediate with the City Manager, the City Manager may settle the dispute in Step 2 hereof, it is not satisfactorily adjusted, it shall be referred a manner acceptable to the Labor Relations Section of the Human Resource Department. At the request of either party the grievance shall then be heard within five (5) working days by a Grievance Committee consisting of not more than four (4) representatives of the Union and not more than an equal number of representatives of the Employer exclusive of witnesses in an attempt to reach a satisfactory resolution of the issue. (Toward that end, Association or the parties may agree to disclose their positions in detail and upon request, to exchange information regarding the evidence upon which they intend to rely in arbitration if the matter remains unresolved. Any additional evidence not disclosed at this meeting may not be utilized at the arbitration hearing unless the party (parties) was genuinely unaware of the evidence at the Step 3 meeting. The party who finds such additional evidence agrees to notify the other party of such findings so that an additional effort may be made to resolve the issue prior to arbitration, or if found during arbitration, agrees to notify the other party of such evidence before it is presented in testimony).
Step 4a mediator. If the grievance is not adjusted settled or the parties fail to select a mediator during the ten (10) business days after notice to the City Manager, either party may request the mediator to be selected through the Federal Mediation and Conciliation Service in accordance with the procedures of said agency. Any costs of said proceeding shall be borne equally by the partiesCity and the Association.
Step 4: If the grievance remains unresolved after Step 3, it may be designated by either partythe Association shall decide whether to pursue the case to binding arbitration and notify the City Manager thereof, in writing, no later than ten (10) days after conclusion of Step 3. If the parties cannot mutually agree to be submitted to arbitration within forty (40) working days of the third step hearing unless the time for submission is extended by written agreement of the parties, any grievance not so submitted will be considered administratively closed. Before the arbitration hearing datean arbitrator, the Union President and/or Association shall request a list of seven (7) names of National Academy of Arbitrators members from the International Representative shall meet with the Company to review the grievance in an attempt to reach a satisfactory resolution of the issueAmerican Arbitration Association.
Appears in 1 contract
Samples: Collective Bargaining Agreement