Grievance. Any matter involving the interpretation, application, or enforcement of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance. Any matter involving In case any difference should arise between the interpretation, application, or enforcement of two parties at any time during the terms term of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred Agreement as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step true intent and within fourteen (14) days after the employee receives a reply in writing from the Sheriffmeaning of any matter or thing covered, the grievance shall be presented adjusted and settled as set out in the following paragraphs. Any grievance not processed to the Grievance Hearing Committee (GHCnext step within the time limits set out herein will be deemed to have been abandoned and the provisions of Section 45(b) of the Ontario Labour Relations Act, RSO 1980 and notice amendments thereto, do not apply. It is the mutual desire of such appeal the parties hereto that complaints and grievances shall be given adjusted as quickly as possible.
(a) The aggrieved Employee shall present his/her grievance orally or in writing to the SheriffEmployer designate. The GHC He/she shall have the assistance of his/her Xxxxxxx. No grievance shall be comprised considered where the events giving rise to the grievance occurred or originated more than fifteen (15) full working days before the filing of the County HR Directorgrievance.
(b) The Employer designate shall give his/her answer in writing to the Employee not later than fifteen (15) working days following the submission of the grievance, with a copy to the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearingXxxxxxx. If the Employer's designate fails to give his/her answer to the grievance within the time limit specified or if the answer is not resolved unsatisfactory to the Employee concerned, then the grievance may be presented as follows:
(i) A Joint Standing Committee of two (2) representatives of the Employer and two (2) representatives of the Union shall be formed. In case of vacancy, absence or refusal of any representative to act, or in the event that a representative has filed the grievance or a grievance was filed on his/her behalf, another shall be appointed in his/her place by the party concerned. Each side will name an alternate member of the Standing Committee. Each side may demand that the alternate sit for any particular grievance.
(ii) To this committee, within fifteen (15) calendar days of either party may submit the matter to Step 4 within five (5) calendar days following the expiration becoming aware of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealingalleged violation of this Agreement, shall be subject referred all questions that may arise regarding the interpretation, application and violation of this Agreement which cannot be settled otherwise. When difference arises which requires action by the Joint Standing Committee the aggrieved party to arbitrationthis Agreement shall give written notice of his grievances to the signatories to this Agreement and the Committee shall meet within fifteen (15) days of having received the notice of the question or questions under dispute. If the Committee does not reach an agreement within (15) days of having received notice of differences the question or questions under dispute shall upon request of either of the signatories of the Agreement, be submitted to a Board of Arbitration or a single arbitrator as set forth hereunder.
(iii) The parties decision of the standing committee shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or be executed as soon as said decision shall have been handed down.
(iv) Any member of the staff Committee may call a meeting at any time.
(v) Except as to serve the provisions in this Agreement relating to discharge or lay-off by order of length of continuous service, no change shall be made in the wages and other remuneration of an Employee, who may be involved in a dispute and which is made the subject of arbitration proceedings under this Article, until a decision has been reached by the Board of Arbitration or sole Arbitrator referred to herein.
(vi) Any Employee may appear in person before the Joint Standing Committee to plead his/her case. The Company acknowledges the right of the Union to select a representative to assist the Employee in presenting his/her grievance.
(vii) If the Committee reinstates an Employee as of the date of his dismissal, said Employee shall benefit from all the advantages he/she would have acquired from said date on.
(viii) Any settlement reached between the parties at any time during the grievance procedure must be in writing and signed by the representatives of the Employer and of the Union. This written statement of the settlement has the same effect as the arbitrator. The Arbitrator decision of the board of arbitration or the single arbitrator and is binding to the parties.
(c) If meetings of the Joint Standing Committee are held during working hours, the members present shall make a decision on suffer no loss of regular pay.
(d) Warnings of all kinds, layoff notices or dismissal notices, as well as any other notices must be given in writing by one party to the grievance which other.
(e) In the event the Employer calls in an Employee for disciplinary measures, said Employee shall be final and binding on both parties. TIME LIMITS: accompanied by a Union representative.
(f) Time limits set forth above mentioned in the present article, when not specified that they are calculated in working days, are to be counted in calendar days. Any time limit may be extended by mutual agreement in writingagreement.
(g) The Union agrees to submit to the Employer the names of the members of the Standing Committee within fifteen (15) days of the signing of this Agreement.
(h) The members of the Standing Committee representing management are the president and the publisher.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Grievance. Any matter involving (a) Step 1
(1) In the interpretationevent of an Individual Grievance, applicationthe Association, or enforcement in consultation with the Employee, shall submit a written Grievance on behalf of the terms Employee to the Manager/Chair with a copy to Human Resources, outlining the specific Article(s) claimed to have been violated, and the redress sought within ten (10) working days from the date of this Agreement, the alleged violation arising from that defined in Article 1.17 or the conclusion of informal resolution process stipulated in Article 11.1.
(i) The Manager/Chair shall convene a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by meeting with the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 Employee within ten (10) working days of (1) the occurrence receipt of the event causing written Grievance. The Employee shall be provided reasonable notice to arrange an Association Representative to attend the grievance; or meeting if they so choose, but avoiding undue delay.
(2ii) The Employee and Manager/Chair will meet with a view to making reasonable attempts to resolve the Grievance. A written decision from the Manager/Chair, shall be issued within ten (10) working days of the time that an Grievance Meeting to the employee reasonably should have known of with a copy to the events causing the grievance or else the same shall be barred as a grievanceAssociation and Human Resources.
Step 1. If an employee has (2) In the event of a grievanceGroup Grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.shall submit a written Grievance to the
Step 2. If (i) The Manager/Chair shall convene a meeting with the grievance is not settled at the first step Employees within ten (10) days, it working days of receipt of the written Grievance. The Employees shall be reduced provided reasonable notice to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and arrange an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant Association Representative to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaidmeeting if they so choose, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governbut avoiding undue delay.
Step 4(ii) The purpose of this meeting shall be to resolve the difference where possible. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on A written decision from the opposite party to include the Sheriff by the party appealingManager/Chair, shall be subject issued within ten (10) working days of resolving the difference or the Grievance Meeting with a copy to arbitration. The parties shall request the Wisconsin Employment Relations Commission Association and Human Resources.
(b) Step 2
(1) If there is no Grievance resolution at Step 1, the Association in its sole discretion may advance the Grievance in writing to appoint a Commissioner or member Human Resources within ten (10) working days of the staff Step 1 written decision.
(i) Within ten (10) working days of receiving the written Grievance, the Associate Vice-President, Human Resources, or designate, shall arrange to serve as meet with the arbitrator. parties.
(ii) The Arbitrator shall make a decision on the grievance which purpose of this meeting shall be final to resolve the Grievance if/when possible. A written decision from the Associate Vice-President, Human Resources, or designate, shall be issued within ten (10) days of the Grievance meeting to the Employee with a copy to the Association.
(2) In the event of an Individual Grievance arising from termination, an Employee who has successfully satisfied probation may submit a written Grievance through the Association to the Associate Vice-President, Human Resources, or designate, outlining the specific Article(s) claimed to have been violated, and binding on both redress sought within ten (10) working days of the termination.
(i) Within ten (10) working days of receiving the written Grievance, the Associate Vice-President, Human Resources, or designate, shall arrange to meet with the parties.
(ii) The purpose of this meeting shall be to resolve the difference if/when possible. TIME LIMITS: Time limits set forth above may A written decision from the Associate Vice-President, Human Resources, or designate, shall be extended by mutual agreement in writingissued within ten (10) days of the Grievance meeting to the Association.
(3) In the event of a Policy Grievance, the Association shall submit a written Grievance to Human Resources, outlining the Article(s) claimed to have been violated, and redress sought within ten
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Grievance. Any matter involving the interpretation, applicationPROCEDURE The following procedures are established for settlement of complaints and grievances.
(a) Step I (Immediate Supervisor Level)
(1) The employee, or enforcement his/her representative, or both, shall notify his/her immediate supervisor of a complaint within fifteen (15) workdays of the terms date upon which the employee could have reasonably been aware of this Agreementthe occurrence of the matter which gave rise to the complaint. The notice shall clearly identify the matter as a Step 1 grievance complaint. This is not a required first step of the grievance procedure.
(2) A supervisor may elect not to meet with the employee and/or his/her representative in a Step I meeting, and if such election is made, the supervisor shall advise the employee within two (2) workdays of receiving notice of the complaint or grievance. The employee will then have ten (10) workdays to file his/her complaint or grievance, in writing, to Step II – Defender General.
(3) If a Step I is initiated, the complaint shall be discussed informally by the aggrieved employee, or a claim by an employeehis/her representative, employees or Association that both, and the immediate supervisor. If the issue remains unresolved, an employee has been discriminated against or treated unfairly or arbitrarily by must comply with the Employer by any action taken in following time frames for filing to the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 II level within ten (10) working days workdays after receipt of the Step I decision.
(b) STEP II (Defender General Level)
(1) If no satisfactory settlement is reached at Step I the occurrence complaint shall be reduced to writing, in accordance with section 2(c) above, and shall be submitted for action by the aggrieved party or representative to the DG within the time frames outlined in Section 3(a) above, otherwise the matter shall be considered closed. On request of a VSEA Director, and with the approval of the event causing ODG, the grievance; or time limits for filing a Step II grievance may be extended for a specific period of time, not to exceed ten (10) workdays.
(2) The grievance shall be discussed informally, either in person or via telephone, within ten (10) working days workdays of its receipt, between the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievanceemployee, he/she shall first present the grievance orally to and/or his/her immediate supervisorrepresentative, and the ODG head or the Sheriff either alone or accompanied by the Association Xxxxxxxdesignee.
Step 2. If (3) The employee shall be notified in writing of the grievance is not settled at the first step DG’s decision within ten (10) daysworkdays after the discussion. The parties may mutually agree to postpone the discussion, but shall hold it as soon as practical. Failure to issue a written decision within the time frames specified in this subsection shall result in the automatic granting of the contractual remedy requested by and directly applicable to the grievant. Any dispute over what the contractual remedy will be, shall be reduced to writing and presented to decided by the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3VLRB. If the grievance DG is not settled on leave at the second step and within fourteen (14) days after time the employee ODG receives a reply in writing notice from the SheriffVSEA, the ten (10) day requirement shall automatically be extended for the duration of the leave period, not to exceed ten (10) workdays, at which time the VSEA reserves the right to process the grievance to the next step or wait for the DG to return from leave. Notice shall be presented sent to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If DG if the grievance is not resolved within fifteen (15) calendar days either party may submit processed to the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governnext step.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.(c) STEP III (Board Level)
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance. Any matter involving All differences, disputes, suspensions, and discipline cases hereinafter collectively referred to as "grievances" between the interpretation, application, or enforcement of the terms parties arising out of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken Agreement will be handled in the exercise of its rights or powers, may become a grievancemanner set forth below. Grievances must be presented in Step 1 All days referred to within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievancethis provision will mean calendar days.
Step 1. If Employees covered by this Agreement who have a complaint under this Agreement will, when possible, discuss the complaint with their supervisor within 15 days from the date of the occurrence in an employee has effort to resolve the complaint without resort to the formal grievance procedure. This Step 1 procedure will not extend the Step 2 time limits to file a written grievance, he/she shall first present . Final disposition at this step is non-precedent setting and may not be relied upon by the grievance orally to his/her immediate supervisor, Union or the Sheriff either alone or accompanied by the Association XxxxxxxCompany in any arbitration hearing for any purpose.
Step 2. If Failing resolution at Step 1, an employee or Union grievance may be presented in writing by the employee, union shop xxxxxxx, or ABA to the employee's supervisor which must be within 30 days from the date of the occurrence of the incident upon which the grievance is not settled based or within 30 days from the date a pay claim denial is received. Discharge grievances must be initially filed at Step 2. Within 15 days after receipt of the first step within ten (10) dayswritten grievance, it shall be reduced to writing and presented the employee's supervisor must respond with a written decision on the grievance to the Sheriffappropriate vice president/assistant business agent. If The Company will also forward a copy of its written decision to the grievant and the appropriate xxxxxxx. Final disposition at this step is non-precedent setting and may not resolved within five (5) working days, be relied upon by the Sheriff shall furnish Union or the employee a reply Company in writingany arbitration hearing for any purpose.
Step 3. If Failing satisfactory disposition of such grievance at Step 2, within 15 days of the receipt of the supervisor's written response, the grievance is not settled at may be appealed in writing by the second step and within fourteen (14) union president or his/her designee to the appropriately designated Company representative. Within 15 days after the employee receives receipt of this appeal, a reply in writing from Step 3 conference will be held at the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised home location of the County HR Directoremployee, unless otherwise agreed between the Director of Administration and an “at-large” member selected by parties. A complaining customer may appear either telephonically or in person at the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearingStep 3 conference. If the grievance complainant fails to testify at a Step 3 conference, the complainant is prohibited from testifying at arbitration. If the complainant appears the Union agrees to allow the complainant to testify at the arbitration hearing by telephone, live, or in the form of a pre-arbitration deposition. The same procedures will apply to complaining parties other than customers with the exception that supervisory personnel and regulatory authorities acting in their official capacity do not resolved within fifteen (15) calendar have to testify at the Step 3 conference to testify at arbitration. Within 15 days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaidconference, the Company representative must respond with a written decision to the appropriate vice president/assistant business agent. The Company will also forward a copy of its written decision to the grievant and the appropriate xxxxxxx. Final disposition at this step is non-precedent setting and may not be relied upon by the Union or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth Company in that Section shall governany arbitration hearing for any purpose.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance. Any matter involving A grievance is defined as a dispute by the interpretation, application, Union or enforcement a covered employee concerning the application or interruption of the terms a specific provision of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken . Grievances may be initiated in the exercise of its rights following manner:
Step 1. The employee or powersUnion representative shall present the grievance, may become a grievance. Grievances must be presented in Step 1 writing, to the unit manager within ten (10) working calendar days of (1) its occurrence or the occurrence of date the event causing the grievance; employee or (2) within ten (10) working days of the time that an employee reasonably union knew or should have known of the events causing grievance, whichever is later. The grievance shall include:
(a) the name of the grievant(s);
(b) the fact statement of the grievance;
(c) the sections of the contract violated; and
(d) the resolution requested. The unit manager and employee shall then attempt to adjust the matter within seven (7) calendar days from the date the grievance or else the same shall be barred as a grievance.
Step 1is received. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association XxxxxxxThe unit manager will respond in writing within seven (7) calendar days.
Step 2. If a grievance has not been settled between the affected employee and his or her unit manager, the grievance is not settled at shall be submitted in writing to the first step facility director, by the union representative within ten (10) calendar days, it . The facility director shall be reduced to respond in writing and presented to the Sheriff. If not resolved Union representative within five ten (510) working days, the Sheriff shall furnish the employee a reply in writingcalendar days after receipt thereof.
Step 3. If the grievance is not settled at resolved, the second step and union or the affected employee may submit the grievance to the General Manager within fourteen ten (1410) calendar days from the date of receipt of the facility director's written response. The General Manager or his/her designee shall respond in writing within ten (10) calendar days from receipt of the grievance.
Step 4. Should the parties fail to settle a matter of suspension or termination with the General Manager within seven (7) days after from the employee receives a reply date of submission to him or her, it may be referred in writing from within seven (7) calendar days thereafter to a Board of Adjustment upon mutual agreement of the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriffparties. The GHC Board of Adjustment shall be comprised consist of two (2) members designated by General Manager and two (2) members designated by the Union. Members of the County HR Director, the Director Board of Administration and an “at-large” member selected Adjustment designated by the HR Director from a rotating list of five (5) department heads. The participating “at large” member General Manager and the Union shall not be affiliated with from any of the grievant’s department facilities under the jurisdiction of employmentthis Agreement or any IATSE local union. The GHC Board of Adjustment shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved convene within fifteen ten (1510) calendar days either party may submit following referral of the matter grievance to Step 4 hear evidence submitted by the Union, the grievant, the facility involved, or the General Manager. The Board of Adjustment shall decide the issue by majority vote of its members within five (5) calendar days following the expiration hearing. A majority decision of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member Board of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which Adjustment shall be final and binding on all parties. In the event of a split decision, the grievance shall be considered unsettled.
Step 5. If the grievance is still unsettled, the Union shall, within ten (10) calendar days of receipt of the decision of the General Manager have the right to have the matter submitted to final and binding arbitration by submitting a written notice to the Human Resource Director or designee with a copy to the Employer. MERC and the Union shall first attempt to select an arbitrator who is mutually acceptable. If within ten (10) calendar days from the request for arbitration MERC and the Union are unable to agree upon an arbitrator, the Employment Relations Board shall be requested to submit a list of seven (7) names. Upon receipt of the list of arbitrators, within fourteen (14) calendar days both MERC and the Union shall have the right to strike three (3) names from the list. The first strike shall be determined by coin toss, then the parties shall alternate strikes with the remaining person to be the arbitrator. The designated arbitrator shall set a time and place for hearing which is agreeable to both parties. TIME LIMITS: Time limits set forth above Expenses for the arbitration shall be borne equally by both parties, however, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be extended by mutual agreement in writingmade. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance. Any 8.01 A grievance shall be defined as any matter involving arising out this Agreement or concerning the interpretation, application, administration or enforcement of the terms alleged violation of this Agreement. The grievance shall be in writing and shall only be considered if it is filed within ten (10) days of the event giving rise to the grievance. In the case of an employee who is prevented from submitting a written grievance within the time limits prescribed above, because of illness or authorized absence, such time limit will be extended for a period of five (5) days following the date of her or his return to work. Any time limits referred to in the Grievance and Arbitration Procedure shall be exclusive of Saturdays, Sundays, and Paid Holidays observed by the Employer.
8.02 Any employee may present a complaint without recourse to the formal written procedure contained therein. At any step of the grievance procedure, including the complaint stage, the employee may be accompanied by her or his union representative.
Step 1 An employee, or the Union may present a claim by an written grievance within ten (10) working days to the Director of Nursing who shall have ten (10) working days in which to render a decision. Failing a satisfactory settlement after this period, within ten (10) working days, the second step of the grievance procedure may be invoked as follows:
Step 2 The employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powersUnion, may become submit the written grievance to the Administrator of the Home or designate, who shall have ten (10) working days in which to render a grievancedecision. Grievances must If a satisfactory settlement cannot be presented reached within ten (10) working days, the third step of the grievance procedure may be invoked as follows:
Step 3 The Grievance Committee shall then take the matter up with the Administrator of the County, his designated representative, or at his discretion, representatives of the Personnel Committee of the County, who shall call a meeting of the Grievance Committee within fourteen (14) working days. The Administrator shall reply in Step 1 writing within ten (10) working days of (1) such meeting to the occurrence Chairperson of the event causing Grievance Committee with a copy of his reply to the grievance; or Labour Relations Officer (2LRO) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2Ontario Nurses' Association. If the grievance decision is not settled at unsatisfactory to the first step within ten (10employee(s) daysor the Union, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingreferred to Arbitration.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Grievance. Any matter involving Step 3 - Three-Member Panel. Grievances not disposed of under the interpretationprocedure prescribed in Section 10.2 of this Article, applicationbecause of a deadlock, or enforcement failure of such Board to act, may be ap- pealed jointly or by either party to a panel consisting of one (1) representative appointed by the terms of this Agreement, Union and one
(1) representative appointed by the Employer’s Associ- ation or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in involved if said Employer is not a member of the exercise Employers’ Association. The panel representatives of its rights the Union, and of the Employers’ As- sociation or powers, may become Employer which is not a grievancemember of the Em- ployers’ Association shall come from Xxxx or Lake Counties. Grievances must be presented in Step 1 This panel will then select an impartial third party to sit as the third member of the panel. If the two representatives are unable to select an impartial third party within ten (10) working days of meeting, then they will im- mediately jointly apply to the American Arbitration As- sociation for a panel of five impartial arbitrators’ names. The representatives will then alternately strike names from the panel. The person whose name remains shall be the impartial third party. Before such name striking procedure commences, both representatives shall have the right to reject one complete panel. Notice of appeal to the panel shall be given within thirty (130) the occurrence days after termination of the event causing procedures pre- scribed in Section 10.2 of this Article. Such notice will be in writing and will be forwarded by certified mail to the grievance; or (2) within ten (10) working days President of the time that an employee reasonably should have known Union, the President of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Employers Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriffother party involved (Employer or Union, as the case may be). If not resolved within five (5) working daysThe panel shall meet promptly to select the impar- tial third party, the Sheriff shall furnish the employee a reply but in writing.
Step 3. If the grievance is not settled at the second step and within no event more than fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration receipt of such appeal, unless such time is extended by mutual agreement of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitrationpanel members. The parties three-member panel shall request the Wisconsin Employment Relations Commission promptly schedule a hearing at which each party shall have a right to appoint pres- ent evidence, examine and cross-examine witnesses, make a Commissioner or member of the staff to serve as the arbitratorrecord and file arguments. The Arbitrator shall make a panel’s duly rendered decision on the grievance which shall be final and binding on both partiesthe Employer(s), Union and employees in- volved. TIME LIMITS: Time limits set forth above may In the event a majority decision is not rendered, the Step 3 procedure will be extended commenced again. The fees and expenses of the third party (arbitrator) and the hearing room shall be shared equally by mutual agreement in writingthe Em- ployer(s) and the Union. All other expenses shall be borne by the party incurring them.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance. Any matter involving difference between the parties concerning the interpretation, application, operation or enforcement alleged violation of this agreement, shall be dealt with as follows:
Step 1 - Such difference, hereinafter called a “grievance”, shall be submitted by the ATA, or by the ATA on behalf of the terms teacher concerned in writing, within 45 teaching days of its occurrence or from the date on which the ATA or the teacher ought to reasonably have become aware of its occurrence. The grievance shall set out the nature of the grievance and the circumstances out of which it arose, the clause(s) of this Agreementagreement, or a claim by an employeewhich allegedly has/have been violated, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by and the Employer by any action taken in the exercise of its rights or powers, may become a grievanceremedy being sought. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the The grievance shall be presented to the Grievance Hearing Committee (GHC) superintendent or designate. The superintendent or designate shall review the grievance and communicate the decision of the District, in writing, within 15 teaching days of receipt of the grievance.
Step 2 - In the event that the decision of the superintendent or designate fails to satisfactorily resolve the grievance, the ATA must, within 15 teaching days of the receipt of the written decision of the superintendent or designate, give notice in writing to the superintendent or designate of such appeal the intent to present the grievance to the District’s grievance committee. The superintendent or designate shall convene a meeting of the District’s grievance committee within 20 teaching days of the receipt of the letter to present the grievance to the District’s grievance committee. The District’s grievance committee shall hear the grievance. The teacher and/or the ATA representative shall be given the opportunity to present their grievance to the SheriffDistrict’s grievance committee. The GHC District’s grievance committee shall be comprised provide its decision in writing to the ATA within 10 teaching days of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. .
Step 3 - If the grievance is not resolved within fifteen (15) calendar days satisfactorily at Step 2, either of the parties may notify the other party may in writing of its desire to submit the matter grievance to Step 4 arbitration. Such written notice will occur within five (5) 60 calendar days following the expiration conclusion of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration2. The parties will mutually agree upon a single arbitrator or, if by mutual consent, to a Board of Arbitration consisting of three arbitrators. If the parties are unable to agree on an arbitrator within 10 calendar days of the receipt of notification provided, they shall immediately request the Wisconsin Employment Relations Commission Director of Mediation to appoint a Commissioner or member of the staff to serve as the arbitratorchairperson. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time above-mentioned time limits set forth above may be extended by mutual agreement of the parties in writing. Should the District have a grievance, the above-mentioned procedure will be followed replacing ‘District’ with ‘The Alberta Teachers’ Association’.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Grievance. Any matter involving The City agrees to meet and treat with the interpretation, application, or enforcement duly accredited officers and committees of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken Union in the exercise of its rights or powersfollowing manner on differences that may arise between the City and the Union:
(a) Any dispute arising between the employee and/or employees and the City shall be handled in the following manner: The employee and/or employees who believe they have been treated unjustly shall present their grievance verbally to the Chief. A Union xxxxxxx may be present at this discussion. In the event that a satisfactory settlement is not reached at this step, may become the grievance shall then be reduced to writing on a grievance. Grievances must be presented in Step 1 form agreed to between the Union and the City and filed within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known previous step unless unusual circumstances are involved. The written grievance shall be in triplicate.
(b) The three copies of the events causing the written statement of grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall will be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised Mayor, who upon receipt of the County HR Directorwritten statement of grievance will meet with the aggrieved employee and/or employees and the Union Xxxxxxx and make an xxxxxxx attempt to reach a satisfactory settlement. In the event no satisfactory settlement is reached, the Director Mayor will respond in writing in the space provided for on the grievance form.
(c) In the event that the grievance has not been satisfactorily settled in (b) of Administration and an “at-large” member selected by this procedure, the HR Director from a rotating list three copies of five (5) department heads. The participating “at large” member shall not be affiliated the written grievance, with the grievant’s department Board of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealingAldermen's written answer, shall be subject dispersed in the following manner: − One copy shall be forwarded to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or each member of the staff Board of Aldermen. − One copy shall be forwarded to serve as the arbitratorBusiness Representative of the Union by Xxxxxxx, and − The employee and / or employees shall retain one copy. The Arbitrator Upon receipt of written statement of grievance, the Board of Aldermen and the Business Representative of the Union shall make arrange a decision on meeting date to review the grievance which and make an xxxxxxx attempt to reach a satisfactory settlement. Either party may have a committee present at this meeting. In the event that a satisfactory settlement is not reached at this meeting, the unresolved dispute shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement referred to arbitration as described in writingArticle III, Section 3.03.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance. Any matter involving 7.01 The Parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the interpretationadministration, application, application or enforcement interpretation of this Agreement shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance Procedure. It is understood that a reasonable amount of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of its Committees will co-operate with the Company in not conducting investigations in a manner which will unduly interfere with the Company’s operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances.
(a) Subject to the terms of this Agreement, Agreement which relate to the investigation following administration of discipline or a claim by an employee, employees or Association that the decision of the Company to discharge an employee has or an employee who feels that he had been discriminated against unjustly dealt with, the following procedure shall be followed:
(b) Before a complaint is lodged in writing, the employee shall discuss the matter with the Manager or treated unfairly or arbitrarily by designate as a means of settlement.
STEP 1 The grievance shall be in writing, copy of which shall be given to the Employer by any action taken in Manager and to the exercise of its rights or powers, may become a grievanceemployee’s Xxxxxxx. Grievances The grievance must be presented to the Manager within seven [7] working days after the occurrence of the matter complained of and the Manager shall answer the grievance presented to him, in Step 1 writing, within seen [7] working days after he has received it. The grievance must be in a legible form and signed by the employee.
STEP 2 If the matter has not been settled, the Unit Chairperson or his designate of the employee involved may, within ten (10) working days of (1) after receiving the occurrence of written answer from the event causing Manager, present the grievance; grievance in writing to the General Manger or (2) his nominee, who shall render his decision in writing within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievanceafter receiving it.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. STEP 3 If the grievance matter is not settled at Step 2, the first step Unit Chairperson and/or his designate may, within ten (10) daysworking days after receiving a written decision at Step 2 present the grievance to the Director of Labour or his nominee. At the request of either party a meeting between Management and the Unit Chairperson or designate, Local President and/or National Representative will take place within ten (10) working days after the grievance has been presented at Step 3. In the cases of Policy Grievance and / or unusual circumstances, the provisions of this clause may be extended.
7.03 In the event of either the Company or the Union wishing to present a policy/group grievance alleging the violation of this Agreement, such grievance must be presented in writing within seven [7] working days after the occurrence of the matter complained of. If the Union files such a grievance, it shall be reduced to writing and presented done by the Unit Chairperson or designate submitting a statement of the claim to the Sheriff. If not resolved Vice President or his nominee who shall answer same in writing within five (5) working days, and the Sheriff other steps of the grievance procedure as outlined above shall furnish the employee a reply in writing.
Step 3then apply. If the Company file such a grievance, it shall be done by the Vice President or his nominee submitting a written statement of the grievance is not settled at to the second step and within fourteen (14) days after Unit Chairperson or designate of the employee receives a reply Union. He shall answer the grievance in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar working days following the expiration of the fifteen (15 days aforesaid, or and if the matter will is not settled, there shall be deemed waived a meeting between the Union Grievance Committee and finally settledManagement within seven [7] working days after the Unit Chairperson or designate has submitted his answer. In matters where suspension or dismissal without pay or benefits are an issue, A reference of any matter to arbitration shall then follow the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules other terms set forth in that Section shall governthis Agreement.
Step 4. Any grievance not settled in Step 3 above and timely noticed 7.04 All time limits specified herein for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above or arbitration procedure may be extended but only by mutual agreement confirmed in writing. In particular, it is recognized that when a person involved in a grievance or all members of the Grievance Committee are not available due to absence away from home, then the Parties will co-operate to provide a reasonable extension of a time limit as specified for the presentation, processing or discussion of the grievance.
7.05 Other than the initiation of a grievance; when either party violates the time limits then the grievance will proceed to the next step. The Union will advise the Company in writing within seven (7) working days when a grievance is dropped.
7.06 Time set for grievances, arbitrations and investigations shall not include Saturdays, Sundays and Public Holidays for both Company and Union.
7.07 Management shall not call in any grievor to discuss the grievance with the employee unless the Unit Chairperson or his designate is present.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Grievance. Any matter involving The Company agrees to meet and treat with the interpretation, application, or enforcement duly accredited officers and committees of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken Union in the exercise of its rights following manner on differences that may arise between the Company and the Union:
1. Any dispute arising between the employee and/or employees and the Company shall be handled in the following manner: The employee and/or employees who believe they have been treated unjustly shall present their grievance verbally to his or powersher immediate Supervisor. A union xxxxxxx may be present at this discussion. In the event that a satisfactory settlement is not reached at this step, may become the grievance shall then be reduced to writing on a grievance. Grievances must be presented in Step 1 form agreed to between the Union and the Company and filed within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known incident unless unusual circumstances are involved. The written grievance shall be in triplicate.
2. The three copies of the events causing the written statement of grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall will be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised Department Superintendent, who upon receipt of the County HR Directorwritten statement of grievance will meet with the aggrieved employee and/or employees and the Union Xxxxxxx and make an xxxxxxx attempt to reach a satisfactory settlement. In the event no satisfactory settlement is reached, the Director Department Superintendent will respond in writing in the space provided for on the grievance form.
3. In the event that the grievance has not been satisfactorily settled in (b) of Administration and an “at-large” member selected by this procedure, the HR Director from a rotating list three copies of five (5) department heads. The participating “at large” member shall not be affiliated the written grievance, with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealingDepartment Superintendent's written answer, shall be subject dispersed in the following manner: – One copy shall be forwarded to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member General Manager of the staff Company. – One copy shall be forwarded to serve as the arbitratorBusiness Representative of the Union by Xxxxxxx, and – The employee and / or employees shall retain one copy. The Arbitrator Upon receipt of written statement of grievance, the General Manager and the Business Representative of the Union shall make arrange a decision on meeting date to review the grievance which and make an xxxxxxx attempt to reach a satisfactory settlement. Either party may have a committee present at this meeting. In the event that a satisfactory settlement is not reached at this meeting, the unresolved dispute shall be final referred to an impartial arbitrator for decision and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingaward.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance. Any matter involving Section 1. It is recognized that on occasion a complaint may arise between the interpretation, application, Employer and the Union concerning the meaning or enforcement application of the terms or compliance with any Article or Section of this Agreement. Such complaints may arise because of an honest difference of opinion, an error in judgment, an oversight, a misinterpretation, or from countless other ways in which there was no intent to cause a claim by an employeemisunderstanding. The Employer and the Union desire that such differences be promptly settled so that efficiency may not be interrupted, and morale and earning of employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by shall not be impaired.
Section 2. The procedure for the orderly and prompt disposal of complaints shall be as outlined below. This procedure shall be available to the Employer and the Union.
A. One (1) representative of the Employer and one (1) representative of the Union shall meet to discuss and adjust the complaint. If the complaint is not satisfactorily adjusted within five (5) working days from the date the representatives meet to discuss the complaint, it may be submitted to arbitration by any action taken in the exercise either Party.
B. Written notice of its rights or powers, may become a grievance. Grievances intent to arbitrate must be presented in Step 1 served by Registered Mail within ten (10) working days subsequent to the fifth (5th) working day from the date the representatives meet to discuss the complaint. The Notice of (1Arbitration shall clearly state the complaint and set forth the Article(s) and Section(s) of this Agreement alleged to be violated.
C. The Employer and the occurrence Union shall request the Director of the event causing Federal Mediation and Conciliation Service to submit a list of seven (7) names of suggested arbitrators. Such requests shall have attached to it the grievance; or (2) within ten (10) working days Notice of Arbitration. The Employer and the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievanceUnion, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working daysdays after receipt of said list, shall meet and select the Sheriff Arbitrator by alternately striking three (3) names each from the list. The seventh (7th) or remaining name shall furnish be accepted by both the employee a reply in writingEmployer and the Union as the impartial Arbitrator.
Step 3. If the grievance is not settled at the second step and within fourteen D. The Arbitration Board shall consist of one (141) days after the employee receives a reply in writing representative from the SheriffUnion and one (1) representative from the Company, and the grievance impartial Arbitrator. The members designated by the Employer and the Union shall be presented entitled to sit and advise the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Directorimpartial Arbitrator, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.but these two
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance. Any matter involving the interpretation, application, or enforcement of the terms of this Agreement, or A “grievance” is a claim by NEA-Carlsbad or by one or more employees that there has been a violation, misinterpretation, or misapplication of any provision of this agreement or District policy, regulation or practice. Time lines may be extended by mutual consent. A claim by an employeeemployee that there has been a violation, employees misinterpretation or Association misapplication of any provision of this agreement shall be processed as a grievance as hereinafter provided. In the event that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become aggrieved party believes there is a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has basis for a grievance, he/she shall first present discuss the alleged grievance with the building principal or immediate supervisor either personally or accompanied by an NEA-Carlsbad representative within twenty (20) work days of the occurrence of the grievance orally to his/her or the time one should reasonably have known of the occurrence. This is the informal oral process of grievance. The employee will state this as the informal step of the grievance process. All grievances will state the specific Agreement item violation, tell how the employee was harmed, and what remedy is sought.
STEP 1 (Supervisor)
A. If, as a result of the informal discussion with the building principal or immediate supervisor, a grievance still exists, the grievant may invoke the formal grievance procedure on the grievance form provided under appendix I. A copy of the grievance form shall be delivered to the principal or the Sheriff either alone or accompanied immediate supervisor. The form shall be signed and dated by the Association Xxxxxxx.
Step 2grievant and a representative of NEA-Carlsbad. If The written grievance must be filed within the grievance is not settled at District Human Resources Director within twenty (20) days of the first step grievance, or within ten (10) days, it shall be reduced to writing and presented to days of the Sheriff. If not resolved within five informal step.
B. Within seven (57) working daysworkdays of receipt of the grievance, the Sheriff principal or immediate supervisor shall meet with the grievant and/or NEA-Carlsbad in an effort to resolve the grievance.
C. The principal or immediate supervisor shall indicate disposition of the grievance, in writing, within seven (7) workdays of such meeting and shall furnish the employee grievant and NEA-Carlsbad a reply in writingcopy.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
Grievance. Any matter involving 8.1 A grievance shall mean a written complaint by a member of the interpretationbargaining unit or Association that there has been an alleged violation, applicationmisinterpretation, or enforcement misapplication of the terms specific provisions of this Agreement.
8.2 A written grievance must be filed within thirty (30) calendar days of the occurrence of the event which gave rise to the grievance. The number of days indicated at each step in the procedure shall be considered as the maximum allowable to the parties and every effort shall be made to resolve the grievance as rapidly as possible. The parties acknowledge that it is usually most desirable for a teacher and his/her immediately involved supervisor to resolve grievances through free and informal communications. If, or however, such informal processes fail to satisfy the grievant, a claim by an employee, employees grievance may be processed as follows:
a. The grievant or Association that an employee has been discriminated against or treated unfairly or arbitrarily by will present the Employer by any action taken grievance in writing to the exercise of its rights or powers, may become supervisor immediately involved. The supervisor will arrange for a grievance. Grievances must be presented in Step 1 meeting to take place within ten (10) working business days of (1) after the occurrence receipt of the event causing grievance.
b. The supervisor shall provide a written response to the grievance; or (2) grievant and the MFEA President within ten (10) working business days of the time meeting. This response shall include the supervisor's decision and reasons supporting that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievancedecision.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. c. If the grievance is not resolved at Step b., then the grievance may be referred to the Superintendent in writing within fifteen ten (1510) business days after receiving the supervisor's written answer. The Superintendent shall arrange for a meeting with both parties within ten (10) business days after the receipt of the grievance.
d. The Superintendent shall provide a written response to the grievant and the MFEA President within ten (10) business days of the meeting. This response shall include the Superintendent's decision and reasons supporting that decision.
e. If the grievance is not resolved at Step d., it may be referred to the Board at its next official meeting or at a time acceptable to all parties.
f. The Board shall have ten (10) business days to present a written response to the grievant and the MFEA President. This response shall include the Board's decision and reasons supporting that decision.
g. If the grievance is not resolved at the Board Step or the Superintendent Step, the Association may submit grievance to final and binding arbitration utilizing the American Arbitration Association (AAA). Each party shall follow the regular arbitration rules set by the AAA and each party shall have the right to reject an arbitration panel. Both parties shall share the arbitrators expense equally. If a demand for arbitration is not filed with the Employer within thirty (30) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaiddate of the Superintendent's written response or the Board's written response, then the grievance shall be deemed withdrawn. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the matter will be deemed waived provisions of this Agreement. The arbitrator shall consider and finally settled. In matters where suspension decide only the specific issues submitted to him/her interpretation of the meaning or dismissal without pay or benefits are an issue, application of the Finance, Personnel and Economic Development Committee shall act as specific terms of this Agreement to the GHC under S.59.26 (8)(b) Wisconsin Statutes and facts of the rules set forth in that Section shall governgrievance presented.
Step 4h. Copies of all communications concerning grievance must be delivered to the Superintendent within two (2) business days.
i. All records related to a grievance shall be filed separately from the personnel files of the employees.
j. A grievance may be settled or withdrawn at any level without establishing precedent.
k. Each party shall bear the cost of its own representation, including the cost of any hearing transcript.
l. All grievances involving two (2) or more teachers may be filed by MFEA as a class grievance.
m. Failure to render a decision within the time limits shall entitle the MFEA to proceed to the next step. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff Failure by the party appealing, MFEA to follow the timeframes established herein shall result in the grievance being considered withdrawn.
n. No reprisals shall be subject to arbitration. The parties shall request taken by the Wisconsin Employment Relations Commission to appoint a Commissioner Board or member administration against any employee because of the staff to serve as the arbitrator. The Arbitrator shall make employee’s participating in a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writinggrievance.
Appears in 2 contracts
Samples: Professional Negotiations Agreement, Professional Negotiations Agreement
Grievance. Any matter involving SECTION 1. A grievance is a complaint, dispute, or controversy in which it is claimed that either party has violated a specific provision of this Agreement and which involves the meaning, interpretation, application, or enforcement of the terms application of this Agreement.
SECTION 2. The parties agree that all grievances should be dealt with promptly and every effort should be made to resolve the grievance on an informal basis between the Employee and City representative or supervisor involved. Grievances shall be processed as follows:
STEP 1. Within seven (7) calendar days after the date on which the incident giving rise to the grievance occurred, or a claim by an employeewhen the grievance occurred, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by when the Employer by any action taken in the exercise of its rights or powers, may grievant could be expected to become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence aware of the event causing event, the grievance; grievant shall discuss the matter with his or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or who, if he has authority, shall make an oral response to settle the Sheriff either alone or accompanied by the Association Xxxxxxxgrievance.
Step STEP 2. If the grievance is not settled resolved at the first step Step 1, then, within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from date on which the Sheriffincident giving rise to the grievance occurred, or when the grievant could be expected to become aware of the event, the Union may appeal the grievance to Step 2. The Union shall be presented reduce the grievance to writing, sign and date the grievance and present the written grievance to the Grievance Hearing Committee (GHC) and notice Chief of such appeal shall be given Police or the Chief's designate. The written grievance must state all relevant facts giving rise to the Sheriffgrievance, the dates on which the facts occurred, and the specific provisions of this Agreement alleged to have been violated. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member City shall not be affiliated with obligated to process any grievance not containing the grievant’s department of employmentrequired information. The GHC City shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 respond in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.within ten
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance. Any matter involving Section 1. It is agreed to and understood by both parties that there shall be a procedure for the interpretation, application, resolution of grievances between the parties arising from the application or enforcement of the terms interpretation of this Agreement. Grievances are limited to claims arising during the effective dates of this Agreement which are dependent for resolution exclusively upon interpretation or application of one or more express provisions of this Agreement. No dispute, claim or a claim by an employee, employees complaint or Association that an employee has been discriminated against or treated unfairly or arbitrarily other matter not meeting this definition shall be processed by the Employer by any action taken in the exercise of its rights or powers, may become City.
Section 2. Prior to filing a grievance. Grievances must be presented in Step 1 , the bargaining unit employee may notify his/her supervisor of his/her intent to file a grievance within ten (10) working days calendar days. This does not modify the other time limits contained in this article.
Section 3. The City agrees that the PBA representative may adjust grievances while on duty. The PBA agrees not to abuse this privilege. The PBA will provide the City with the name of (1) the occurrence of the event causing the grievance; its representative and his or (2) her alternate assigned to adjust grievances. Section 4. All grievances must be processed within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be provided unless extended by mutual agreement in writing. If the time limits are not extended and the bargaining unit employee or PBA does not initiate the grievance or appeal a decision of management within the time limits specified, the grievance shall be dismissed. If the City does not render a decision within the time limits specified, the grievance will advance automatically to the next step. Both parties may agree to by-pass or extend any step of
Section 5. Grievances shall be processed in accordance with the following procedures: Where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 2 of the grievance procedure within the limits provided for the submission of grievances in Step 1, and shall be signed by the aggrieved employees and/or the PBA representative on their behalf if they so desire.
STEP 1: Within ten (10) calendar days of the date the employee or the PBA knew or should have known of the incident or occurrence giving rise to the grievance, the employee must submit the grievance, in writing, to the Police Major or Police Chief designee. The written grievance shall identify the specific provisions of this Agreement allegedly violated, provide factually specific data in support of the grievance, including management actions that allegedly violated the Agreement, and state the relief requested. The Police Major shall respond to the grievance in writing within ten (10) calendar days of the receipt of the grievance.
STEP 2: If the grievance has not been satisfactorily resolved in Step 1, the bargaining unit employee, or the PBA representative if the employee so wished his/her assistance, may present such grievance to the Chief of Police or his/her designee. The grievance must be presented to the Chief of Police or his/her designee within ten (10) calendar days from the date the Police Major’s response was due or received, whichever is earlier in Step 1. The Chief of Police or his/her designee shall meet with the bargaining unit employee, and the PBA representative if the employee wishes, within ten (10) calendar days. The Chief or his/her designee shall respond in writing within ten (10) calendar days from the date from the receipt of the grievance.
STEP 3: If the grievance has not been satisfactorily resolved in Step 2, the bargaining unit employee, or the PBA representative if the employee so wishes his/her assistance, shall present a written appeal to the City Manager within ten (10) calendar days. The City Manager or his designee shall meet with the bargaining unit employee, and the PBA representative if the employee wishes, within ten (10) calendar days of the date the Chief of Police’s response was due or received, whichever is earlier, in Step 2. The City Manager or his designee shall respond in writing within ten (10) calendar days from the date of the appeal to the City Manager.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance. Any matter involving arising directly between the Employer and the Union concerning the interpretation, application, application or enforcement alleged violation of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances Agreement must be presented in originated under Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1No. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or event giving rise to the matter will be deemed waived and finally settledgrievance. In matters where suspension or dismissal without pay or benefits are an issueThe nature of the grievance, the Financeremedy sought, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules section or sections of the Agreement which are alleged to have been violated must be set forth out in the grievance. Failing settlement under Step No. within ten calendar days, it may be submitted to arbitration in accordance with Article However, it is expressly understood, that Section the provisions of this paragraph shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff be used by the party appealing, Union to institute a complaint or grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be subject thereby bypassed. A Policy Grievance will not result in a compensatory remedy with the exception of a remedy pursuant to arbitrationArticle or involvingthe discharge of an employee who has successfully completed his probationary period must be reduced to writing and originated under Step No. within five (5) calendar days of the employee being notified of his discharge. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member nature of the staff grievance, the remedy sought, and the section or sections of the Agreement which are alleged to serve as the arbitrator. The Arbitrator shall make a decision on have been violated must be set out in the grievance which shall be signed by the employee. Notwithstanding anything in this Agreement, a probationary employee may be disci- plined or discharged at the sole discretion of and for any reason satisfactory to the Employer. The parties agree that the discipline or dismissal of a probationary employee as noted herein does not constitute a difference between the parties and is therefore not subject to the grievance and arbitration procedures. All agreements reached under the grievance procedure between the representatives of the Employer and the representatives of the Union shall be in writing and shall be final and binding on both partiesupon the Employer and the Union and the employee or employees involved. TIME LIMITS: Time limits set forth above No Union representative or Xxxxxxx may solicit griev- ances from employees during the course of their normal duties. All monetary grievances that are mutually agreed upon shall be paid within two (2) pay periods of such agreement by separate cheque. The Employer will endeavour to provide written repri- mands within fourteen (14) calendar days of the Employer becoming aware of the circumstances, unless moretime is needed to investigate,in which case the Union shall be notified and the time extended by mutual agreement in writing.accordingI Disciplinary written warnings, and/or disciplinary suspensions placedon an employees file after February shall be removed from the employees file four
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Grievance. Any matter involving the interpretation, applicationSection 1. Definition. A grievance is hereby defined as a complaint or claim against, or enforcement dispute, misunderstanding or controversy with, the Employer by a faculty member or members or the Federation arising out of the interpretation or application of any alleged violation by the Employer of the terms of this Agreement. An individual faculty member or group of faculty members shall have the right to present grievances and to have such grievances adjusted without the intervention of the Federation, or as long as the adjustment is not inconsistent with the terms of this Agreement and a claim by an employee, employees or Association that an employee representative of the Federation has been discriminated against or treated unfairly or arbitrarily given the opportunity to be present at such adjustment. Such grievances shall be handled in the following manner: The grievant and Federation representative, if requested by the Employer by any action taken in the exercise of its rights or powersgrievant, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first orally present the alleged grievance orally to hisher/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2vice president. If the grievance is not settled at adjusted orally, the first step within ten (10) days, it grievance shall be reduced to writing writing, dated and presented to signed by the Sheriff. If not resolved within five (5) working daysfaculty member and the Federation representative involved, if any, and shall state the specific factual basis of the grievance, the Sheriff shall furnish provision or provisions of the employee a reply Agreement involved, if any, and the remedy sought. Any grievance not presented in writing.
Step 3. If writing within thirty (30) days after the aggrieved cognizance of the facts on which the grievance is based shall be waived for all purposes. The vice president shall be given the written grievance and he/she will not settled receipt of the same by countersigning and dating the original grievance and shall give a copy of the grievance to the Federation representative. The vice president shall answer the grievance in writing within thirty (30) days and shall concurrently send a copy of the grievance and the answer to the Federation. If no settlement is reached at Step One, the second step and within written grievance may be submitted to the President or designed representative not more than fourteen (14) days after it is answered in Step One. Representative(s) of the employee receives a reply in writing from Federation will be present at any meeting called to consider the Sheriffgrievance at this Step Two. The President or his/her designated representative shall send his/her written answer to the Federation within fourteen (14) days. Such answer shall be deemed to be the position of the Employer. If no settlement is reached at Step Two, the grievance shall be presented Federation may in its sole discretion within thirty (30) days after the date of the Step Two answer, request by written notice to the Grievance Hearing Committee (GHC) President and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If American Arbitration Association that the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaidbe arbitrated, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in provided that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingpresents an arbitrable matter as herein defined.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance. A. Procedures
1. Any matter involving claim by an Employee or the interpretationAssociation that there has been a violation, application, misinterpretation or enforcement misapplication of the terms of this Agreementagreement shall be considered a grievance.
2. The primary purpose of this procedure is to secure, or at the lowest level possible, equitable solutions to a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing aggrieved person. The potential for grievances is reduced by establishing and maintaining two-way communication between staff and administration.
3. All time limits consist of work days. Work days for the grievance; or purpose of the grievance procedure shall mean Employee’s employment days. Failure to file a grievance within fifteen (215) within ten (10) working Employee work days of the time date that an employee reasonably either the Employee or the Association affected knew or should have known of the events causing the grievance alleged violation, misapplication or else the same misinterpretation, shall be barred act as a grievancebar to any further appeal.
Step 14. If an employee has Nothing contained herein shall limit the right of any Employee or group of Employees claiming to have a grievance, he/she shall first present grievance to discuss the grievance orally to matter informally with his/her immediate building principal and/or supervisor. The alleged grievance may be resolved without presence of an Association representative, provided the decision is not inconsistent with the terms of this agreement. If requested by the Employee, a duly designated bargaining unit Employee-representative of the Association may be present at each level, as well as at any other meetings, hearings, appeals, or the Sheriff either alone or accompanied by the Association Xxxxxxxproceedings relating to a grievance which has been presented, except at Level Three.
Step 25. If the The Association shall designate its grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented representatives to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply Employer in writing.
B. Level One – Informal Step 3. If An Employee or the Association with an alleged grievance is not settled at the second step must first present it orally and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented informally to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to building principal or other supervisor if no principal supervises the SheriffEmployee. The GHC shall be comprised Employee must notify the principal it is an informal grievance meeting. The principal will document the date and time of the County HR Director, meeting and whether or not the Director of Administration and an “at-large” member selected by principal allowed or denied the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governinformal grievance.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance. Any matter involving A Regular Part-Time Employee, claiming to have been discharged or suspended from employment without cause or improperly laid off or reassigned shall, file a signed, dated, written statement of such grievance setting out the nature of the grievance and the specific remedy sought at Step 2 of the grievance procedure providing such grievance is lodged with the Director, Human Resources, or designate within fifteen (15) working days of the date they are advised in writing of their discharge, suspension, layoff or reassignment. Mediation/Arbitration Procedure Referral to Mediation/Arbitration In the event any difference arising from the interpretation, application, administration or enforcement alleged contravention of this Agreement has not been satisfactorily settled under the foregoing grievance procedure, the matter shall then, by notice in writing given to the other party within ten (10) days of the date of receipt by the grievor of the decision of the College's Official at Step 2, be referred to mediation/arbitration as provided. Mediators/Arbitrators The College and the Local Union shall attempt to select by agreement a Mediator/Arbitrator. If they are unable to agree within a period of fifteen (15) days, either party may apply to the Minister of Labour to appoint the mediator/arbitrator. Mediator/Arbitrator The Mediator/Arbitrator shall endeavour to assist the College and the Local Union to settle the grievance by mediation. If the College and the Local Union are unable to settle the grievance by mediation, the Mediator/Arbitrator shall determine the grievance by arbitration. Powers The Mediator/Arbitrator shall have those powers set out in the Colleges Collective Xxxxxxxxxx Xxx, 0000, except that Section 14(16) of the Colleges Collective Bargaining Act, 2008 shall not apply. Limitations The Mediator/Arbitrator shall not be authorized to alter, modify or amend any part of the terms of this Agreement, or a claim by an employee, employees or Association Agreement nor to make any decision inconsistent therewith nor to deal with any matter that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writingproper matter for grievance under this Agreement.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving Where more employees have identical grievances each employee would be entitled to grieve all such employees shall sign a grievance and submit the interpretation, application, or enforcement of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in grievance at Step 1 within ten (10) working calendar days of (1) the occurrence of the event causing giving rise subject to all applicable Grievance Procedure. procedure. cases, for the grievance; or (2) within ten (10) working days purpose of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented considered have to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised requirements of the County HR DirectorProcedure. Similarly, if the Director of Administration and an “at-large” member selected by Union does not proceed to next step within the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not time is deemed to be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearingwithdrawn. If the Union requests that a grievance is not resolved within fifteen (15) be arbitration, as hereinbefore provided, make such request in writing addressed party to this agreement, and at the same name a nominee. Within ten calendar days either cays thereafter the other party may submit name a nominee, provided, however that if such party fails to name a as herein required, the matter to Step 4 within five (5) calendar days following the expiration Office of Arbitration of the fifteen (15 days aforesaid, or Ministry of Labour of the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee Province of shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal have power to Step 4 in writing served on the opposite party to include the Sheriff effect such upon application hereto by the party appealinginvoking the arbitration procedure. nominees shall to by a chairman of the Arbitration Board. If are unable to upon such a chairman a period of fourteen calendar days, they shall then request the Office of Arbitration of Ministry of Labour of the Province of Ontario appoint a No person may be subject appointed as an arbitrator who has been involved in an attempt to arbitrationnegotiate or settle the grievance. No matter may be submitted to arbitration which not been properly carried through all requisite steps of the grievance procedure. The parties Board of Arbitration shall request the Wisconsin Employment Relations Commission not have any power to appoint a Commissioner amend, alter, modify or member add to any of the staff provisions of this agreement or to serve as substitute any new for any existing provisions, nor to give any decision inconsistent with the arbitratorterms and of agreement. The Arbitrator shall make a of the Arbitration Board will be expedited hereto and the decision on of the grievance which shall where there is no majority, the of the chairman will be final and binding on upon hereto and the employees or employees Each will bear the of the by it and the parties will share equally fees and expenses, if any, of the of Board. The time in both the grievance and procedures herein are mandatory and by failure to comply strictly with such limits except written agreement of the parties, shall abandoned to the provisions of Section of Labour Such time limits shall Sundays and paid holidays. TIME LIMITS: Time limits set forth As an to the above provision if the Hospital or Union requests that a grievance be submitted the parties may mutually agree to a sole arbitrator. The parties agree to share fees and expenses related to the sole arbitrator. days a! A new employee will be extended by mutual agreement considered or. of work from of last hire (337.5 hours of work for employees whose regular hours of work are other than the standard work day). Upon completion such probationary period, the employee shall be credited with seniority from date of last hire. The dismissal of a probationary employee shall not be the subject of a grievance and is at the sole discretion of the Hospital unless the probationary employee is released for reasons which are arbitrary, discriminatory, in writingbad faith or for exercising a right under this agreement.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving arising directly between the Hospital and the Union concerning the interpretation, application, application or enforcement alleged violation of the terms Agreement shall be originated at No. 3 within fourteen calendar days following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Agreement, or Article may not be used with respect to a claim by an employee, employees or Association that an grievance directly affecting employee has been discriminated against or treated unfairly or arbitrarily by which he could have instituted and the Employer by any action taken in the exercise of its rights or powers, may become a grievanceregular grievance procedure shall not be thereby bypassed. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If Where the grievance is not settled at the first step within ten (10) days, a Hospital grievance it shall be reduced filed with the Local Union President or designate. G r i e Where a number of employees have grievances and each one would be entitled to writing and presented grieve separately, they may present a group grievance in signed by each employee who is grieving, to the SheriffDepartment Head or his designate within fourteen calendar days after the circumstances giving rise to the grievance have occurred. If not resolved within five (5) working daysThe grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the handling of such grievance. Pursuant to Section subsection of the Labour Relations Act, the Sheriff parties confirm that the release of a probationary employee shall furnish not be the subject of a grievance or arbitration. A claim by employee who has completed his probationary period that he has been unjustly discharged shall be treated as a grievance if a written statement of grievance is by the employee with the Hospital at Step No. 3 within seven days the date the discharge is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: confirming the action in dismissing the employee, or reinstating the employee with or without loss of seniority and with or without full compensation for the time lost, or by any other arrangement which may be deemed just and equitable. The Hospital agrees that it will not discharge, without just cause, an employee who has completed his probationary period. The Hospital agrees that it will not discipline an employee without just cause. Failing settlement under the foregoing procedure, any grievance, including a reply in writing.
Step 3. If question as to whether the grievance is not settled at the second step and may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within fourteen (14) calendar days after the employee receives a reply in writing from the Sheriffdecision under Step No. 3 is given, the grievance shall be presented deemed to have been abandoned. All agreements reached under the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to grievance procedure between the Sheriff. The GHC shall be comprised representatives of the County HR DirectorHospital, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration representatives of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes Union and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall will be final and binding on both partiesupon the Hospital, the Union, and the employee(s). TIME LIMITS: Time When either party requests that any matter be submitted to arbitration as provided in this Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint a nominee. Within seven calendar days thereafter, the other party shall appoint its nominee, provided however, that if such party fails to appoint its nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt agree upon a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator has been involved in an attempt negotiate or the grievance. The shall not be to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. of the parties hereto will bear the expense of the nominee appointed by it the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. The limits set forth above may be extended out in this Article are and failure to comply strictly with such time limits, except by mutual the written agreement of the patties, shall result in writingthe grievance being deemed to have been abandoned.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving The City agrees to meet and treat with the interpretation, application, or enforcement duly accredited officers and committees of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken Union in the exercise of its rights or powersfollowing manner on differences that may arise between the City and the Union:
(a) Any dispute arising between the employee and/or employees and the City shall be handled in the following manner: The employee and/or employees who believe they have been treated unjustly shall present their grievance verbally to the Chief. A Union xxxxxxx may be present at this discussion. In the event that a satisfactory settlement is not reached at this step, may become the grievance shall then be reduced to writing on a grievance. Grievances must be presented in Step 1 form agreed to between the Union and the City and filed within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known previous step unless unusual circumstances are involved. The written grievance shall be in triplicate.
(b) The three copies of the events causing the written statement of grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall will be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised Mayor, who upon receipt of the County HR Directorwritten statement of grievance will meet with the aggrieved employee and/or employees and the Union Xxxxxxx and make an xxxxxxx attempt to reach a satisfactory settlement. In the event no satisfactory settlement is reached, the Director Mayor will respond in writing in the space provided for on the grievance form.
(c) In the event that the grievance has not been satisfactorily settled in (b) of Administration and an “at-large” member selected by this procedure, the HR Director from a rotating list three copies of five (5) department heads. The participating “at large” member shall not be affiliated the written grievance, with the grievant’s department Board of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealingAldermen's written answer, shall be subject dispersed in the following manner: -One copy shall be forwarded to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or each member of the staff Board of Aldermen. -One copy shall be forwarded to serve as the arbitratorBusiness Representative of the Union by Xxxxxxx, and -The employee and / or employees shall retain one copy. The Arbitrator Upon receipt of written statement of grievance, the Board of Aldermen and the Business Representative of the Union shall make arrange a decision on meeting date to review the grievance which and make an xxxxxxx attempt to reach a satisfactory settlement. Either party may have a committee present at this meeting. In the event that a satisfactory settlement is not reached at this meeting, the unresolved dispute shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement referred to arbitration as described in writingArticle III, Section 3.03.
Appears in 1 contract
Samples: Police Officer Union Contract
Grievance. Any matter involving the interpretation, application, or enforcement 9.01 It is mutually agreed that grievances of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by shall be adjusted as quickly as possible. It shall be optional to the Employer by to decline to consider any action taken in grievance the exercise alleged circumstances of its rights which originated or powers, may become a grievance. Grievances must be presented in Step 1 within occurred more than ten (10) working days of (1) the occurrence of the event causing the grievance; prior to its presentation or (2) within more than ten (10) working days after the employee becomes aware, or should have become aware, of said grievance. The procedure of adjustment of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as follows:
STEP 1: An employee or employees having a grievance.
Step 1. If an employee has a grievance, he/she grievance shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five immediate supervisor (5) working daysexcept with a grievance regarding a job posting for a vacancy, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, which case the grievance shall be presented to the Grievance Hearing Committee (GHCsupervisor of the Department in which the vacancy had occurred) and notice of such appeal may be accompanied by the employee's or employees' Xxxxxxx, and if requested by either party by the Chief Xxxxxxx. The immediate supervisor shall give an answer within forty-eight (48) hours. Where the employee's or employees' immediate Supervisor and the Department Head are one and the same individual, the grievance shall be given to the Sheriffcommenced and presented at Step 2. The GHC shall be comprised of the County HR DirectorFailing settlement under Step 1, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of receipt of the fifteen answer of the immediate Supervisor under Step 1, the employee or the employee's Xxxxxxx, and if requested by either party with the assistance of the Chief Xxxxxxx, shall present the grievance in writing to the Department Head who shall render a decision in writing within forty-eight (15 48) hours after the presentation of a grievance. Failing settlement under Step 2, within five (5) days aforesaidof receipt of the answer of the Department Head under Step 2, the matter shall be taken up between the Grievance Committee and the Director of Human Resources, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member such other representative of the staff to serve Employer as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingdesignated for that purpose. A decision must be rendered within five (5) days of that time or any longer period that may be mutually agreed upon.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving 8.1 For the interpretationpurpose of this article, application, a grievance is a dispute concerning the interpretation or enforcement application of the terms of this Agreement.
8.2 All references to days in this article are to workdays. If the last workday of any applicable time period called for in this article is Saturday, Sunday, or a claim holiday, the deadline is automatically extended to the close of business of the next scheduled working day for administrative personnel of the Department.
8.3 Any bargaining unit employee who believes that he has a grievance may discuss that matter with his immediate supervisor as soon as possible after the employee is aware of a dispute concerning the interpretation or application of this Agreement. If no satisfactory resolution is immediately forthcoming at this level, a regular employee may invoke Step I of the grievance procedure in accordance with the requirements set forth below. Probationary employees shall not be entitled to invoke the grievance procedure.
8.4 In the event that a grievance involves three (3) or more employees and is dependent on a common fact situation, such grievance shall be deemed a class grievance and the grievance procedure may be invoked directly at Step 3, the Human Resources Director level, by an employee, any aggrieved regular employee or the Association. All employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily in the same common fact situation shall be bound by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence resolution of the event causing the grievance; grievance and no further individual grievances concerning or (2) within ten (10) working days arising out of the time common fact situation will be processed.
8.5 Any grievance that an employee reasonably should have known has not been submitted to the next step within 7 work days shall be deemed expired and no further action pursued on the matter. Extensions shall be subject to the mutual agreement of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be parties and reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If 8.6 In the event a grievance is not settled at concerns the second step and within fourteen (14) days after the employee receives a reply in writing from the Sherifftermination of an employee, the grievance shall start at step III.
8.7 The grievance procedure shall include four (4) steps:
8.7.1 STEP I
8.7.1.1 A Step I grievance shall be presented submitted in writing to the Grievance Hearing Committee (GHC) employee's immediate supervisor within 7 work days* on the standard grievance form and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected signed by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitratorbargaining unit. The Arbitrator Step I grievance shall make a decision concisely state the facts relied on by the grievance which shall be final grievant, the article(s), section(s) of the Agreement alleged to have been violated, and binding on both parties. TIME LIMITS: Time limits set forth above may be extended the relief requested by mutual agreement in writingthe grievant.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving the interpretation, application, or enforcement of the terms of this Agreement, or a claim by an employee, employees or Association that Step Verbally between an employee has been discriminated against or treated unfairly or arbitrarily and his supervisor. If he wishes, the employee may be accompanied by the Employer by any action taken in the exercise of its rights or powersUnion Xxxxxxx. Grievances, may become other than those which call for a grievance. Grievances monetary settlement, must be presented in Step 1 initiated within ten seven (107) working days of their occurrence. Grievances requesting a monetary settlement must be initiated within seven (17) the occurrence days of the event causing which led up to the grievance; , or within seven (27) days of when the employee should have been aware of such circumstances. The supervisor will give his verbal answer within ten three working days from the date of presentation. The grievance shall be reduced to writing, signed by the aggrieved party, and submitted to his Unit Manager within seven (107) working days by the Chairman of the Union grievance committee The Unit Manager will meet the Union Grievance Committee within seven (7)working day of receiving the grievance, The Unit Manager will reply writing to the chairman of the Union Grievance Committee within three working days following the aforementioned meeting. The employee must be accompanied by the Union his absence, his designated alternate, Step Failing a settlement at Step Xxxxxxx, or in Within seven (7) working days of the time that an employee reasonably should have known completion of Step the chairman of the events causing grievance committee may submit the written grievance to the District Manager. Within five (5) working days of the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied being received by the Association Xxxxxxx.
Step 2District Manager, the joint Grievance Committee will meet. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented The Industrial Relations Manager or his delegate may attend such meeting. OS The District Manager will send his written decision to the Sheriff. If not resolved Union within five working days after the meeting of the Joint Grievance In the case of a Company Grievance, the chairman of the Union Grievance Committee will submit his decision in writing within five (5) working days, days following the Sheriff shall furnish of the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the SheriffJoint Committee. The GHC shall grievance may be comprised of the County HR Director, the Director of Administration and an “at-large” member selected referred to Arbitration by the HR Director from a rotating list of five either party provided such action is taken within forty (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (1540) calendar days either party may submit the matter to of Step 4 within five (5) calendar days following the expiration 13.05 or 13.06). Each of the fifteen (15 days aforesaidParties hereto shall bear the expense of the Arbitrator appointed by it, and the parties hereto shall jointly and equally bear the expense the Board. of the third member of The Board of Arbitration appointed pursuant to Article has no jurisdiction to alter, amend, set aside, add to or delete from any of the matter will be deemed waived and finally settled. provisions of this Agreement, nor render any decision which is inconsistent with this In matters where the case of a suspension or dismissal without pay or benefits are an issuegrievance, any disposition which is just and equitable in the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member opinion of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above parties or an Arbitration Board may be extended by mutual agreement in writingmade.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving For the purposes of this Agreement, a grievance or complaint is as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or enforcement alleged violation of the terms Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital notify the employee of this Agreement, right in advance. Where Hospital deems it necessary to suspend or a claim by discharge an employee, employees the Hospital shall notify the Union of such or Association discharge in writing, within three days. is mutual desire of the parties hereto that complaints shall be adjusted as as possible, and it is understood that an employee has been discriminated against no grievance until he has first given his immediate supervisor the opportunity of his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall. be discussed with his immediate visor within five days after the giving rise to it have occurred or treated unfairly or arbitrarily by ought reasonably to have come to the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence attention of the event causing settlement within the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) five days, it shall then be reduced taken up as a grievance within five days following his immediate supervisor's decision in the following manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to writing and his immediate supervisor. The employee may be accompanied by a xxxxxxx. The immediate supervisor will his decision in within five days following the day on which the written grievance was presented to settlement then: Within five days following the Sheriff. If not resolved under Step the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five (5) working days, days following the Sheriff shall furnish the employee a reply in writing.
Step 3. If day on which the grievance is not settled at was presented to him. This step may be omitted where the second step employee's immediate supervisor and within fourteen (14) Head are the same person. Failing settlement then: Within five days after following the employee receives a reply decision in writing from the Sheriffimmediately preceding step, the grievance shall be presented submitted in writing to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised Executive Officer of the County HR Director, Hospital or the Director of Administration designated Hospital representative. A meeting then be held between the Chief Executive Officer or the designated Hospital representative and an “at-large” member selected the desig- nated union representatives who may be accompanied by the HR Director from a rotating list general representative of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member submission of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be at Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered in writing within ten days following the date of such meeting. is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall not be thereby by-passed. Where the grievance is a Hospital grievance it shall be filed with the Committee. Where a number of employees have identical grievances, and each one would entitled to grieve separately, they may present a group grievance, in writing, identifying each employee who is grieving, to the Head, or his designate within ten days after the circumstances giving rise to the grievance have occurred. The grievance shall then be treated as being initiated at Step 2 and the provisions of this Article shall then apply with respect to the handling of such grievance.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving Where a difference arises between the Association and the Board as to the interpretation, application, operation or enforcement contravention, or alleged contravention of this agreement, or as to whether such difference can be the subject of arbitration, the Association shall have the right to present a grievance. All grievances must be presented in writing, and shall set out the nature of the terms difference, the of the agreement which has allegedly been violated and the remedy sought. grievances shall be submitted to the Secretary of the Interpretation Committee. If a grievance denied, the submitting party may advance the matter to arbitration within the limits of this article. Page An grievance must be submitted to the Interpretation Committee within forty (40) working days of the date the Association or the Board first knew of the alleged violation or misapplication. Failure to submit a grievance within the time limits specified shall render the grievance However, the event that the submission is presented after the forty (40) day period, the Superintendent, Division of Human Resources, may consider the merits of the complaint. If the Superintendent, Division of Human Resources disallows the complaint, the submitting party may request that the Interpretation consider the merits of the complaint. The Interpretation Committee may formally consider a complaint which has been submitted beyond the forty (40) day time limit for grievances, when the majority of the Committee decides to do so. An grievance shall not be defeated solely because the submitting party has cited no, or an incorrect Article of this Agreement, or a claim by has sought an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily inappropriate remedy. An Interpretation consisting of four (4) members appointed by the Employer by any action taken in Association, one of whom shall be a member of the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of teachers’ negotiating committee with one (1) the occurrence representative of the event causing Board and three (3) representatives appointed by the grievance; Chief Superintendent of Schools, shall meet once per month, if necessary. A quorum of this committee shall consist of all members. The Director of Employee Relations, or (2) within ten (10) working days delegated authority, shall act as the Secretary of this Committee. When the Interpretation Committee receives notice of the time that an employee reasonably should have known submission of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced required to writing give its decision within twenty-one (21) days following the receipt of such notice and presented shall dispose of each grievance before proceeding to another, except whereby unanimous consent of the Interpretation Committee, the hearing of such a grievance adjourned for the purpose of obtaining further information. After each meeting of the Interpretation Committee, the Secretary shall forward the Committee’s decision to the Sheriff. If not resolved within five (5) working dayssubmitting party, in writing, with copies to the Chief Superintendent of Schools, the Sheriff President of the Calgary Public Teachers Local and the Committee members. When a grievance is denied, the reasons for the denial shall furnish be made known to the employee a reply submitting party in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving complaint, disagreement or difference of opinion between the Parties hereto concerning the interpretation, application, operation or enforcement any alleged violation of the terms and provisions of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become Agreement shall be considered a grievance. Grievances must be presented in Step 1 within The Company, the employee or the Union may present a grievance. Within ten (10) working days of (1) the occurrence of the event causing the grievance; , the employee involved, together with a union representative if he so wishes, shall submit the grievance in writing to the Manager, and they shall endeavour to settle the grievance. If settlement is not reached within five (5) working days after the filing of the grievance under Article such grievance shall be deemed to be settled to the satisfaction of all concerned unless, within the next following period of five (5) working days, it is referred by the Union to the Regional Manager or such other representative as the Company may designate in his place. A decision will be rendered in writing within five (25)working days by the said Regional Manager or such other designated representative. The grievance shall be deemed to have been settled to the satisfaction of all concerned in accordance with the written decision referred to in the previous clause, unless within five (5) days of the giving of such written decision, either Party notifies the other that it wishes to refer the grievance to Arbitration. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure. Any of the time limits set forth herein may be extended by mutual agreement of the Parties. Where a Board of Arbitration has been requested, as set forth above, it shall consist of one (1) appointee of the Union and one (1) appointee of the Company and a third member to act as appointed by agreement of the first two appointees. Should the members fail to select a Chairman within fifteen (15) calendar days after the request for Arbitration was made, they shall request the Minister of Labour for the Province of Alberta to appoint a Chairman. Each of the Parties hereto will bear the expense of their appointee to the board and the Parties will equally share the fees and expenses of the Chairman. The majority decision of the Board of Arbitration will be final and binding on the Parties hereto and the employees covered by this Agreement. Board of Arbitration shall not have the power to alter any of the terms of this Agreement or to substitute any provisions for the existing provisions nor to give any decision inconsistent with the terms of this Agreement. In the event of a grievance by the Company, it shall be filed with a representative of the Union within ten (10) working days of the time that an employee reasonably should have known of the events causing event giving rise to the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented deemed to have been settled to the Grievance Hearing Committee satisfaction of all concerned unless within the next following period of thirty (GHC30) and notice of such appeal shall be given days the Company notifies the Union that it wishes to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If refer the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaidArbitration, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee in which event Arbitration shall act proceed as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governabove.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving A. The grievance procedure shall serve as an orderly means of settling contract issues without undue interruption or disturbance of the interpretationoperation of the school. A grievance shall be defined as an alleged violation of the provisions of this agreement, applicationa written dispute, claim or complaint arising under and during this Agreement and filed by either an authorized representative of, or enforcement an employee in, the bargaining unit. Grievances are limited to matters of interpretation or application of the terms express provisions of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances .
B. All grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved filed within five (5) working daysdays after the occurrence of the circumstances giving rise to the grievance or five (5) days from when the grievant should reasonably have known of the occurrence. Otherwise, the Sheriff right to file a grievance is forfeited and no grievance shall furnish be deemed to exist.
C. A work day as described in the employee a reply grievance procedure shall mean any day which both the appropriate local Union representative and the Employer representative is scheduled to work. Saturdays, Sundays and legal holidays shall not be counted under the time limits established in writingthe grievance procedure.
Step 31 An employee having a complaint or grievance shall first discuss the matter orally with the employee's immediate supervisor or immediate supervisor's designee. The supervisor or designee shall answer the complaint or grievance orally within two (2) working days.
Step 2 If the grievance matter is not settled at the second step and within fourteen (14) days after the employee receives a reply resolved in writing from the SheriffStep 1, the grievance shall be reduced to writing on the regular grievance form provided by the Union, signed by the grievant(s) and presented to the Grievance Hearing Committee employee's immediate supervisor within three (GHC3) working days of the Step 1 oral answer. Within two (2) work days of receipt of the written grievance, the employee's immediate supervisor shall meet with the xxxxxxx and notice the grievant in an effort to resolve the grievance. The immediate supervisor shall reply in writing to the grievant within three (3) work days of such appeal meeting, and shall be given furnish a copy thereof to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. xxxxxxx.
Step 3 If the grievance matter is not resolved within fifteen (15) calendar days either party may submit in Step 2, the matter to Step 4 Union shall, within five (5) calendar working days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled immediate supervisor’s answer in Step 3 above and timely noticed for appeal 2, contact the Superintendent to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint arrange a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision meeting on the grievance which to present and discuss the written grievance with the Superintendent (or designee). This meeting shall be final and binding on held within five (5) working days of the request unless an extension of time is mutually agreed to by both parties. TIME LIMITS: Time limits set forth above The Superintendent (or designee) shall provide a written response to the Union representative within five (5) working days of such meeting. A copy of such response shall also be furnished to the employee involved.
A. If the Union representative is not satisfied with the disposition of the grievance by the superintendent (or designee), or if no disposition has been made within five (5) school days of such meeting, or ten (10) work days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Board of Education by filing a written copy thereof with the secretary, or other designee of the Board. The Board (or an appointed committee of the Board), no later than its next regular meeting, or two (2) calendar weeks, whichever shall be later, may hold a grievance hearing in executive session, or give such other consideration to the grievance as it shall deem appropriate.
B. Disposition of the grievance in writing by the Board (or an appointed committee of the Board) shall be extended made no later than seven (7) work days thereafter. A copy of such disposition shall be furnished to the Union and to the employee involved.
A. If the Union is not satisfied with the disposition of the grievance at Step 4, or if no disposition has been made within the period provided, the Union may file a Demand for Arbitration of the dispute with MERC, whose rules shall govern the arbitration proceeding. The Union shall file for arbitration not later than sixty (60) calendar days from the date of the Board’s timely response.
B. The arbitrator shall have no authority to add to, subtract from, modify, change, alter or amend the terms and conditions of the agreement.
C. The costs and expenses of the arbitrator shall be shared equally by mutual agreement the parties.
D. The decision of the arbitrator shall be binding on the Employer, the Union, and all bargaining unit employees involved in writingthe particular grievance.
Appears in 1 contract
Samples: Master Agreement
Grievance. Any matter involving The Company shall entertain a complaint for alleged breaches of any provision of this agreement. The complainant may approach supervisory personnel for an amicable discussion and solution and is understood that an employee has no grievance until he has first given his immediate supervisorthe opportunity of adjusting his complaint within three (3) working days. First Stage The employees with their accredited representative shall have the interpretationright to discuss at a suitable time, applicationany written grievance signed by the employee stating the that has been violated with the immediate supervisor of the department within one month of the alleged infraction. This meeting shall be held within three working days of the time at which the grievance is submitted. The Supervisor shall give his written reply within two working days, exclusive of weekends and paid plant holidays. If there is no response to the Company's reply by the Union within two working days, the issue is deemed to be resolved. Stage Within two working days following receipt of the written response to the first The final stage grievance attended by the appropriate Xxxxxxx, and If the issue is unresolved five working days after this final stage meeting, the party desiring arbitrator would be provided that there is designated list of extension. U notify the other party in writing. It is agreed that a of resolving differences between the two parties his approach. Sole will be selected from the its will hold except where the partiesjointly agree to an The Arbitrator shall not have the right to alter or change any of this Agreement or substitute any new provisions in lieu thereof, or enforcement to give any decision inconsistentwith the terms and of this Agreement except as defined in Clause Each of the terms parties hereto will equally bear the fees end expenses of this Agreement, or a claim by the Arbitrator. The decision of the Arbitrator Where an employee, employees or Association binding on reasonable in all determines that an employee has been discriminated against discharged or treated unfairly or arbitrarily by otherwise r cause and the Employer by any action taken in Collective Agreement does not contain a specific the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence matter of the event causing arbitration, the grievance; Arbitrator may for the discharge or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred discipline as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, Arbitrator seems just and It Business Agent and the Sheriff Company shall furnish have the employee a reply in writing.
Step 3. If the right to originate grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when not later than one month from the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration date of the fifteen (15 days aforesaid, alleged infraction with regard to any dispute in the interpretation or manner in which the matter will be deemed waived contract is being complied with. The grievance shall specify the area in which collective agreement is being violated. of progressive discipline and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, disciplinary procedures shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint presence of a Commissioner Xxxxxxx or a member of the staff bargaining unit whose function it will be to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingan observer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving Grievance received by _ of the interpretationSuperintendent's Office on (date) for transmittal to the Board. ANSWER OF THE BOARD: Signature Date The Board of Education of Regional School District No.9, applicationin the State of Connecticut, hereby agrees to employ (to whom the term "teacher" hereinafter refers) and said teacher xxxxxx agrees to serve, under the direction of the Superintendent of Schools, as a teacher in the public schools of said District for the period beginning on or about and ending , subject to the conditions stated below. In accordance with the provisions of the prevailing salary schedule of the Board of Education for said District, the Board hereby agrees to pay said teacher, and said teacher xxxxxx agrees to accept, for service during the above-stated period, an annual salary of $ * in biweekly installments and subject to deductions required by law and other agreed-to deductions which the teacher may in writing authorize. This contract shall be renewed annually by operation of law during the period of said teacher's first forty (40) school months of continuous employment should he or she not have previously earned tenure in another teaching position, or enforcement twenty (20) continuous months of employment by said Board if he or she has previously earned tenure, unless the terms of this Agreement, or a claim by an employee, employees or Association that an employee teacher has been discriminated against or treated unfairly or arbitrarily notified in writing prior to May first in one school year that the contract will not be renewed for the following year. This contract may be terminated by mutual consent at any time. It may be terminated by the Employer Board for cause as provided by statute. The teacher may resign for good reason by submitting at least thirty (30) days' written notice at any action taken in time except during the exercise month of its rights August, during which month, unless the contract has been terminated by mutual consent or powersBoard action, may become the teacher will submit at least sixty (60) days written notice. The teacher may, upon written request filed with the Board, pursuant to law, be entitled to a grievancehearing before the Board. Grievances must be presented in Step 1 within ten (10) working days The teacher shall have the right to appear with counsel of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisorchoice at such hearing. This contract is subject to the Statutes of the State of Connecticut, or Federal Law, and the Sheriff either alone or accompanied rules and regulations of the Board of Education. SIGNED: Board of Education Regional School District #9 Chair Superintendent Date: (to whom the term "teacher" hereinafter refers), employed as a teacher in the public schools of Regional School District #9, Xxxxxx-Xxxxxxx, Connecticut, is hereby notified that the Board of Education of said District agrees, in accordance with the provisions of the prevailing salary schedule of the Board of Education for said District, to pay said teacher for the school year beginning and ending an annual salary of $ in periodic installments, payable as follows: Commencing on the first Friday following the opening of school and subject to required deductions for the State Teachers' Retirement Fund and the United States Withholding Tax, and other agreed-to deductions which the teacher may authorize in writing. Said teacher xxxxxx agrees to accept the above-stated salary in return for services during the above- stated period. This salary agreement shall become operative when properly signed in duplicate and one copy returned by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented teacher to the Sheriffoffice of the Superintendent of Schools. If not resolved within five (5) working dayssigned and returned by the teacher on or before , a written statement of the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall reason must be presented submitted to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised office of the County HR Director, the Director Superintendent by this date. SIGNED: Teacher: Board of Administration and an “at-large” member selected by the HR Director from a rotating list Education of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.Regional District #9 Date By Superintendent Date:
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving A grievance shall be a difference of interpretation of this Agreement or an alleged violation concerning the interpretationmeaning, application, application or enforcement administration of the terms provisions of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by . Every grievance shall be subject to the Employer by any action taken grievance and arbitration procedures set out in the exercise of its rights or powers, may become a grievance. Grievances must be presented in this Article.
Step 1 When a Nurse has a grievance they may, within ten seven (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (107) working days of the time that an employee reasonably should have known discovery or occurrence of the events causing incident giving rise to the grievance, first discuss the grievance with the head of the Nursing Department or else the same designate who shall be barred as a grievanceprovide them with an answer within seven (7) working days.
Step 1. If an employee has a grievance, he/she shall first present 2 Should the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied verbal answer given by the Association Xxxxxxx.
Step 2. If head of the grievance is Nursing Department or designate not settled at the first step within ten (10) days, it shall be reduced to writing and presented acceptable to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriffgrievor, the grievance shall be presented submitted in writing to the Grievance Hearing Committee head of the Nursing Department within seven (GHC7) and notice working days. The head of the Nursing Department shall give a decision in writing within seven (7) working days of receipt of the grievance.
Step 3 If the decision of the head of the Nursing Department is not acceptable to the grievor, the grievance shall be referred to the Union; and, if supported by the Union, shall be referred to the Administrator or designate within seven (7) working days of the receipt of the grievance. The Administrator or designate shall convene a meeting as soon as reasonably possible with the Union if requested to do so by either party. The Administrator or designate shall reply in writing within seven (7) working days of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearingmeeting. If the grievance decision of the Administrator or designate is not resolved acceptable to the Union, the Union shall notify the Administrator or designate in writing within fifteen (15) calendar working days either party may submit that the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter grievance will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject proceeding to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or enforcement alleged violation of the terms Agreement including any question as to whether a matter arbitrable. At the time formal discipline imposed or at any stage of the grievance procedure, including the complaint stage, a nurse entitled to be represented by her nurse representative. In the case of suspension or discharge, the Hospital shall notify the nurse of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by right in advance. It the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence mutual desire of the event causing parties hereto that complaints of nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given her supervisor the grievance; opportunity of adjusting her complaint. Such complaint shall be discussed with her immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or (2) within ten (10) working days ought reasonably to have come to the attention of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step nurse and failing settlement within ten nine (109) calendar days, it shall then be reduced taken up as a grievance within nine (9) calendar days following advice of her immediate supervisor's decision in the following manner and sequence: The nurse submit a written grievance, signed by the nurse, to her immediate supervisor. The grievance shall be on a form referred to in Article and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver her decision writing and within nine (9) calendar days following the day on which the grievance was presented to her. Failing settlement, then: Within nine (9) calendar days following the Sheriffdecision under Step No. If not resolved the nurse may submit the written grievance to the Vice President, Nursing or her designate who will deliver her decision in writing within five nine (59) working dayscalendar days from the date on which the written grievance was presented to her. The parties may, the Sheriff shall furnish the employee a reply in writing.
Step 3. If if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then : Within nine (9) calendar days following the decision Step No. the grievance may be submitted in writing to the Hospital Administrator or her designate. A meeting will then be held between the Hospital Administrator or her designate and the Grievance Committee within nine (9) calendar days of the submission the grievance at Step No. unless extended by agreement of the parties. It is not settled understood and agreed that a representative of the Ontario Nurses' Association and the may be present at the second meeting. It is further understood that the Hospital Administrator or her designate may have such counsel and assistance as she may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. A copy of step grievance replies will be provided to the Employment Relations Officer. A complaint or grievance arising directly between the Hospital and the Association concerning the interpretation, application or alleged violation of Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the Hospital shall be filed with the Local President or her designate. Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately they may present a group grievance writing signed by each nurse who is grieving to the Vice President, Nursing or her designate within fourteen (14) calendar days after the employee receives circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release of a reply probationary nurse shall not be subject to the grievance procedure unless the probationary nurse released for exercising a right under this Agreement. A claim by a nurse who has completed her probationary period that she has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the nurse with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
(a) confirming the action in writing dismissing the nurse; or reinstating the nurse with or without loss of seniority and with or without full compensation for the time lost; or by any other arrangement which may be deemed just and equitable. The Hospital agrees to provide written reasons within seven (7) calendar days to the affected nurse in the case of discharge or suspension and further agrees that will not suspend, discharge or otherwise discipline a nurse who has completed her probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the Sheriffinterpretation, application, administration or alleged of this Agreement, including any to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be presented deemed to the Grievance Hearing Committee have been abandoned. Where such a written request is postmarked within sixteen (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (1516) calendar days either party may submit after the matter to decision under Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter No. it will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, to have been received within the Finance, Personnel and Economic Development Committee shall act as time All agreements reached under the GHC under S.59.26 (8)(b) Wisconsin Statutes grievance procedure between the representatives of the Hospital and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member representatives of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall Association will be final and binding upon the Hospital and the Association and the nurses. Association grievances shall be on both partiesthe form set out in Appendix When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. TIME LIMITS: Time limits set forth above may be extended Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by mutual the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement in writing.a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving claims by an employee or the interpretationUnion pertaining to a violation of any labour relations legislation may be the subject of a grievance which shall be processed in accordance with the Grievance Procedure. On an annual basis the Union will advise the Employer, applicationin writing, or enforcement of the terms names of all Shop Stewards and will advise the Employer of any changes to the Stewards as they occur. The Union shall notify the Employer in writing of the name of each Xxxxxxx, the represents, and the Chief Xxxxxxx, before the Employer will be required to recognize The Stewards so elected shall constitute the Grievance Committee so long as they remain employees or until their successors are chosen. The Employer agrees that stewards shall not be hindered, coerced, restrained or interfered with in any way in the performance of their duties, while investigating disputes and presenting adjustments as provided in this Article. The Union understands and agrees that each Xxxxxxx will not leave work during working hours except to perform duties under this Agreement. Therefore, no Xxxxxxx shall leave work without obtaining the permission of the General Manager or designee, such permission to be granted at a claim by an employee, employees mutually acceptable time. A grievance under this Agreement shall be defined as any difference or Association that an employee has been discriminated against or treated unfairly or arbitrarily by dispute the Employer by and any action taken or the Union. An xxxxxxx effort shall be made to settle any grievance fairly and promptly in the exercise of its rights or powersfollowing manner: The employee concerned, may become a grievancetogether with Xxxxxxx, shall first seek to settle the dispute with the employee's supervisor. Grievances must be presented in Step 1 Failing satisfactory settlement within ten five (105) working days of (1) after the occurrence of dispute was submitted under Step the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievanceconcerned, he/she shall first present the grievance orally to his/her immediate supervisorand/or Chief Xxxxxxx, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented will submit to the Sheriff. If not resolved General Manager or designate, within five (5) working days, a written statement of the Sheriff shall furnish particulars of the employee a reply in writing.
Step 3. If complaint and the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriffredress sought. The GHC General Manager shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 render decision within five (5) calendar working days following after receipt of such notice. Failing settlement being reached in Step the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Grievance Committee shall act as submit the GHC under S.59.26 matter, within five (8)(b5) Wisconsin Statutes and working days to the rules set forth in that Section Students' Union Executive Committee, who shall govern.
Step 4render their decision within five (5) working days after receipt of such notice. Any grievance not settled Failing a satisfactory settlement being reached in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.within twenty
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving by an employee with seniority that he or she has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged by the interpretation, application, employee with the Administrator or enforcement his designate within five (5) days after the employee has received his discharge notice. Such grievance shall be taken up at a special meeting with the Union Committee and the Employer. Such special grievances may be settled by confirming the Employer's action in dismissing the employee or by reinstating the employee with or without compensation or in such other manner as is deemed just and equitable in the opinion of the terms conferring parties. Such compensation, however, shall not exceed the amount which the employee would normally have earned, calculated on standard time during the period of discharge. Failing settlement of such special grievance under the foregoing procedure the grievance may be referred to arbitration for final and binding settlement upon the parties. The Employer may institute a grievance consisting of an allegationof a general misinterpretationor violation of this Agreement (by the Union or any employee covered by this Agreement), in writing, at Step Number of the grievance procedure, by forwarding a written statement of said grievance to the Union Representative, providing it is presented within ten 0) working days after the circumstances giving rise to the grievance have originated or a claim by an employeeoccurred; the Union Representative shall give his decision in writing within five (5) working days after receiving the written grievance and failing settlement, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily the grievance may be referred to Arbitration by the Employer in accordance with Step Number of the grievance procedure. The Union may institute a grievance consisting of an allegation of a general misinterpretationor a violation by any action taken the Employer of this Agreement in writing at Step Number of the exercise of its rights or powersgrievance procedure, may become a grievance. Grievances must be presented in Step 1 within providingthat it is presentedwithin ten (10) working days after the circumstances giving rise to the grievance have originated or occurred. However, it is expressly understood that the provisions of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that this clause may not be used to institute a grievance directly affecting an employee reasonably should or employeeswhich such employee or employees could themselves initiate as an individual or group grievance and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have known of the events causing the similar grievances and each employee would be entitled to grieve separately, they may present a group grievance or else the same shall be barred as a grievance.
Step 1. If an identifying each employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance who is not settled at the first step within ten (10) days, it shall be reduced to writing and presented grieving to the Sheriff. If not resolved Department Head or designate within five seven (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (147) days after the employee receives a reply in writing from the Sheriff, circumstances giving rise to the grievance shall be presented had occurred, or ought reasonably to have come to the Grievance Hearing Committee (GHC) attention of the employees. The grievance shall then be treated as being initiated at Step Number and notice the applicable provisions of this Article shall then apply with respect to the processing of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governgrievance.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving The purpose of this Article is to provide the interpretationsole method for the settlement of a grievance alleging that a specific provision or interpretation of this Agreement has been violated. Such a grievance shall be presented and processed in accordance with the steps, applicationtime limits and conditions herein set forth. No grievance shall be considered where the request for the Complaint Stage meeting, applicable, or enforcement the submission of the terms of this Agreementwritten grievance at the appropriate Step, occurs more than five working days an employee became aware, or a claim by an employeereasonably ought to have been aware, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1circumstances giving rise thereto. COMPLAINT STAGE If an employee has a grievancegrievance the employee shall discuss the matter with the immediate Supervisor, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by a Union Xxxxxxx, if the Association Xxxxxxxemployee so wishes. No grievance shall be deemed to exist until it has been discussed by the employee and the immediate Supervisor, at a suitable time to be fixed by the Supervisor, within two working days of the date of the request for such a discussion. The Supervisor’s written answer shall be given within three working days after the said discussion.
Step 2. STEP 1 If the grievance is not settled at the first step within ten (10) days, as provided for in Article it shall be reduced to writing and presented given, in writing, within three working days to the Sheriffemployee’s Superintendent, Manager, or designate. If not resolved within five (5) working daysThe written grievance shall be signed by the and the Union Xxxxxxx and shall contain details of the matter in dispute, the Sheriff specific provision(s) or interpretation of the Agreement that has been allegedly violated and the relief sought. The Superintendent, Manager, or designate, give a written reply, within three working days of receipt of the grievance, to the Union Xxxxxxx concerned. with a copy sent to the Chief Xxxxxxx. In the event that a meeting is held to discuss the matter, the written reply shall furnish be given within three working days after the employee a reply in writingconclusion of this meeting.
Step 3. STEP 2 If the grievance is not settled in STEP 1 it may be noted STEP dated, signed by the Chief Xxxxxxx and submitted to the Manager, Employer Relations within three working days of receipt of the STEP 1 reply. The Manager, Employee Relations or designate and the appropriate management representative(s) shall meet within twenty-eight working days of receipt of the step two grievance to discuss the grievance with the the Union Xxxxxxx concerned, the Chief Xxxxxxx and a member of the Executive at a time to be mutually agreed-upon within three working days following receipt of the request for such meeting. The University’s written reply shall be given, to the Chief Xxxxxxx, within three working days following the conclusion of this meeting. The parties agree to follow the Grievance Procedure in accordance with the Steps, time limits and conditions contained herein. If, in any Step. the University’s representative fails to give a written answer within the required time limit, the Union and the employee may submit the grievance to the next Step at the second step and within fourteen (14) days after expiration of such time limit. If the employee receives a reply or the Union fails to follow the Grievance Procedure in writing from accordance with the Sheriffrequired Steps, time limits and conditions, the grievance shall be presented deemed settled on the basis of the University’s last answer. If a grievance is not settled at step the parties may agree to refer the matter to a mutually agreed upon Grievance Mediator. Agreement to refer the matter to mediation does not alter the timelines set out in this article or in Article 7 Arbitration, unless agreed to by the parties. The parties agree to share equally in the cost of the Grievance Hearing Committee (GHC) Mediator. Saturdays, Sundays and notice Holidays will not be counted in determining the time within which any action is to be taken or completed under the Grievance and Arbitration Procedure. Any of such appeal the time allowances set out in this Article may be extended if mutually agreed to, in writing. A group grievance is defined as a grievance where two or more employees in one or more sections allege that a specific provision or interpretation of this Agreement has been violated and the employees request the identical relief. The group grievance shall be given to the Sheriffpresented directly at STEP 1 if only one section is involved or at STEP 2 if two or more sections are involved. The GHC However, no grievance shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If considered where the grievance is not resolved within fifteen (15) calendar filed more than working days either party may submit after the matter Union became aware or reasonably ought to Step 4 within five (5) calendar days following the expiration have been aware of the fifteen (15 days aforesaidoccurrence of the circumstances giving rise thereto. An employee who wishes to submit a grievance concerning an unsuccessful bid for a job posting shall submit this grievance, which shall indicate the Job Posting Number in question, directly at STEP A Policy Grievance shall be defined as a dispute involving a question of general application or interpretation of an article(s) of this Collective Agreement, which arises directly between the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes University and the rules set forth in that Section shall govern.
Step 4Union. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, It shall be submitted directly at STEP subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time time limits set forth above may be extended by mutual agreement out in writing.Article
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving The Board and the interpretationUnion agree that the prompt effective settlement of grievances is desirable and both agree to expedite such settlements. Therefore, applicationboth parties to adjust any complaints or grievances through the regularly Grievance Procedure set forth In the event of any dispute grievance arising between the Board and the Union, or enforcement there shall no suspension of work on the of the terms Board or employee on account of such dispute or grievance. Grievances shall be discussed when or group stoppages occur until the employee or employees return to work. It. is the mutual desire of the Parties hereto ‘that complaints of be as quickly as possible. Therefore, an complaint may be taken verbally by the employee affected with immediate Supervisor/designate within three working days. be accompanied by their Xxxxxxx unless they do not wish a Xxxxxxx present. The Immediate Supervisor/designate shall give a verbal answer three working days from the date complaint was lodged. It is agreed that an employee has grievance unless the First Step of the Grievance Procedure has been taken within sixteen working days from the time such grievance arose. to be taken in the Grievance Procedure shall be as follows: In this, First. Step, the grievance shall be between the Manager/designate, the applicable Supervisor/designate, and the grieving employee or accompanied by a Xxxxxxx within ten working days from receipt of the written grievance. The Manager/designate shall its decision in writing to the Union within five: working days of the meeting. If the Union wishes to proceed in the grievance procedure, then within ten working days from the date of receipt of the decision from the the Union shall the Board through the Superintendent of Business and Finance in writing of its intention to proceed to Step In this, the Second Step, the written grievance shall be discussed between the Superintendent of Business and Finance/designate, the Department Manager/designate, a designate from Human Resources and the grieving employee or employees concerned with a Xxxxxxx and a representative within ten working days from the of from the Union. The Superintendent of Business and shall give it’s decision in to the Union within seven working days of the meeting. the union wishes to proceed in the grievance procedure, then within five working after receipt of the decision of the Superintendent of Business and Finance/designate, the Union shall advise the Board through the Superintendent of Business and Finance in writing of its intention to proceed to the Third Step. within five working days of the meeting. If the wishes to proceed in the grievance procedure, then within ten working days after of the Board of Trustees’ the Union shall advise the the Superintendent Business and Finance in writing of its intention to refer the: case Arbitration. The notice shall contain the name of the Nominee to the Arbitration Alternatively either party may invoke the provisions of Section of the Ontario Labour Relations Act:. The Superintendent of Business and Finance/designate shall within five working days of of the notice, advise the Union of the Board’s The two appointees shall, within five working days of the appointment of the second, nominate third party who shall be Chairman. In the event of their failure to a third party, the Minister for Ontario shall select a third Arbitration. Board shall convene and render a decision within fifteen working days of the appointment of the third party. The decision of the majority shall be the decision of the Board, but if there is no majority, the decision of the Chairman shall govern. Such decision shall be final and binding upon the Board and the Union, but shall not have the effect of altering or any part of this Agreement. The Board and the shall pay the costs of their own appointees and shall share equally the cost of the third. member. It: is understood that the of Business and Finance/designate may on behalf of the bring forward at any time a grievance by filing same in writing with the President or Secretary of the Union Local and Union Grievance Committee shall meet the Superintendent of Business and Finance and Board personnel within five working days of such request. If such grievance not settled to the mutual satisfaction of the conferring parties, it may be referred to as set out this Agreement. Any time limits fixed for the of any action in connection with the: specific grievance may be extended by agreement the Superintendent of Business and Finance/designate and the Union. Subject to the approval of the appropriate representatives of the employees shall be granted necessary leave of absence with pay during working hours for the of with the Supervisory Personnel of the for the purpose investigation, consideration, and of grievances, or a claim by an employeeany other business pertaining to this Collective Agreement. Replies to grievances shall be in at all stages. Should it be found upon investigation, employees or Association that an employee has been discriminated against unjustly suspended, disciplined or treated unfairly discharged, such employee shall be reinstated in his former position, without loss of seniority, and shall be compensated for all time lost in an amount equal to his normal earnings during the pay period next preceding such discharge, suspension or arbitrarily by the Employer discipline, (less period of suspension, discipline or discharge) or by any action taken other which is just and equitable in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence opinion of the event causing parties or in the grievance; opinion of a of Arbitration, if matter is referred to such a Board. Prior the: imposition of a suspension or (2) within ten (10) working days of the time that discharge, an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievancegiven the reason, he/she shall first present in the grievance orally to presence of his/her immediate supervisor, or Union Representative if employee so desires. employee and the Sheriff either alone or accompanied shall be notified promptly in writing by the Association Xxxxxxx.
Step 2employer with full disclosure of- the reason for such suspension or discharge. If employee shall have the grievance is not settled at right any time with proper notification to have access to and review his/her official personnel file as maintained in the first step within ten (10) days, it shall be reduced to writing and presented Human Resources Department. Any disagreement to the Sheriff. If not resolved within five (5) working days, of information contained in the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall file may be presented subject to the Grievance Hearing Committee (GHC) Procedure and notice of such appeal the: eventual resolution thereof shall be given to the Sheriff. The GHC shall be comprised become part of the County HR Director, employee’s record. No from the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievantemployee’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above official personnel file may be extended by mutual agreement as evidence in writingany of which the employee was not aware at the time of filing. An employee shall have the right to take notes of any material contained in his/her official personnel file.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving A grievance is any complaint, dispute, or controversy between an employee or the Union and the Employer relating to the interpretation, application, administration or enforcement of the terms alleged violation of this Agreementagreement and any question as to whether a matter is The grievance procedure shall be as follows: Step An employee should first discuss his complaints with his immediate supervi- sor, and if not satisfactorily resolved, the employee’s complaints relating to the interpretation, application, administration or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily alleged violation of this Agreement shall be reduced to writing by the Employer by any action taken in employee or his Xxxxxxx or Committeeperson on the exercise of its rights or powersform provided for this purpose setting forth the facts giving rise to the grievance, may become a grievance. Grievances must be presented in Step 1 the Agreement provisions which it is claimed were violated and the relief requested, and submitted to the employee’s immediate supervisor within ten (10) five working days of (1) after the occurrence of the event causing facts giving rise to the grievance; . The employee may be represented by his Xxxxxxx or (2) within ten (10) person at any meeting with the supervisor prior to his written decision. Within five working days of after the time that an employee reasonably should have known of written grievance is submitted to him, the events causing supervisor shall deliver his written decision to the grievance Xxxxxxx or else the same shall be barred as a grievance.
Committeeperson. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at disposed of in Step 1 then a written notice of appeal on the first step within ten (10) days, it form provided shall be reduced to writing and presented delivered by the Plant Committee Chairperson to the SheriffDe- partment Manager within three working days of delivery of the Supervisor’s written decision. If not resolved within five (5) The employee may be represented by the Plant Committee Chairperson and Xxxxxxx, if necessary, at any meeting with the Department Manager prior to his written decision. Within three working days, days after the Sheriff appeal is submitted to him the Department Manager shall furnish deliver his written decision to the employee a reply in writing.
Plant Committee Chairperson. Step 3. If the grievance is not settled disposed of in Step then a written notice of appeal on the form provided shall be delivered by the Plant Chairperson to the President, Manufacturing or in his absence the Vice-President, Human Resources, within five working days of the delivery of the Department Manager’s written decision. Within five working days after receipt of the notice of appeal by the Vice-President, Manufacturing or President, Human Resources, as the case may be, the members of the Plant Committee shall meet with the President, Manufacturing or in his absence the Vice-President, Human Resources to attempt to resolve the grievance unless otherwise mutually agreed. If requested by either party, a National Representative of the Union, shall attend the meeting. Within five working days following this meeting, the Vice-President, Manufacturing or in his absence the Vice-President, Human Re- sources, shall deliver his written decision to the Plant Committee Chairperson. If a National Representative is not available the Local Union President may attend the meeting in place of the National Represen- tative. Prior to any third stage grievance appeal, the Union may request the supervi- sor involved in the grievance be in attendance at the second step and within fourteen (14) days after appeal hearing for purposes of investigation. Similarly the employee receives a reply in writing from Company may request the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised presence of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. Step If the grievance is not resolved within fifteen (15) calendar days either party disposed of in Step then the Plant person may submit demand arbitration pursuant to paragraph of this Agreement. If any grievance involves more than three employees, the matter Plant Committee Chairperson may present the grievance to the Vice-President, Manufacturing or in his absence the Vice-President, Human Re- sources, by completing the form provided for grievances at Step 4 1 and delivering it to the Vice-President, Manufacturing, or in his absence, the Vice-President, Human Re- sources, within five (5) calendar working days following after the expiration grievance arises. Thereafter, the proce- dure outlined in Steps 3 and 4 above shall be followed. Any time limitation specified in paragraphs and be extended by mutual agreement of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules parties set forth in that Section shall govern.
Step 4writing only. Any complaint or grievance not filed or not appealed to the next step within the time permitted by this Agreement shall be considered settled on the basis of the last decision and shall not be subject to further consideration. If either party fails to adhere to the time limits specified in this Article, then the grievance shall be deemed to be conceded. If arbitration is desired, the Plant Committee Chairperson or a National Representative of the Union shall deliver within ten working days after delivery of the decision in Step 3 above of the grievance procedure, a written demand therefore to the Vice-President, Manufacturing, or in his absence, the Vice-President, Human sources, identifying the grievance and timely noticed the names of the Union’s choice for appeal an arbitrator. The Employer shall, within five working days after receipt of the demand, advise the Union of the names of the employer’s choice for arbitrator. The Union and the Employer shall, within five working days or at a time mutually agreed upon, select an arbitrator from the names submitted. If the parties fail to Step 4 in writing served on appoint an arbitrator, within the opposite party to include time limited, the Sheriff appointment shall be made by the party appealing, shall be subject to arbitration. The parties shall Minister of Labour for Ontario upon the request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitratoreither party. The Arbitrator shall make a decision on hear the grievance and shall issue an award which shall be final and binding on both partiesupon the parties and upon any employee affected by it. TIME LIMITS: Time limits set forth above No person may be extended by mutual agreement appointed as an arbitrator who has been involved in writingan attempt to negotiate or settle the grievance. The parties will jointly share the expenses, if any, of the Arbitrator. The Arbitrator shall not be to make any award inconsistent with the provisions of this Agreement or to alter, modify, or amend any part of this Agreement. No grievance may be submitted concerning the termination of employment, layoff or disciplining of a probationary employee. The may be involved at any step of the grievance procedure and will be paid for any regular time lost in processing his grievance. When an employee is discharged he shall be given a reasonable opportunity to interview with his Committeeperson or Xxxxxxx before leaving the plant, except, if in the opinion of the Employer, the discharged employee is threatening, belligerent, abusive or disorderly. An employee who is discharged or suspended for more than three working days may file a grievance at Step 3 of the Grievance Procedure within three working days after such discharge, or suspension. The Employer will schedule a meeting to discuss the grievance within two working days after receipt of the grievance. The grievance shall contain the information required at Step of the Grievance Procedure. An employee suspended for three working days or less shall take up his grievance at Step In imposing discipline the Employer will not take into account any infraction of a major nature which occurred more than twelve months previously provided the employee has had no disciplinary notices on the file during the twelve month period. For the purpose of this clause an infraction of a major nature is defined as a written warning of discipline, suspension or discharge.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving the interpretation, application, or enforcement Definitions
15.1 A “grievance” is a claim by a Unit Member that there has been a violation of any of the terms provisions of this Agreement, except those provisions that state they may not be grieved.
15.2 “Academic year” is the period commencing with the first day of fall semester and ending on the day of commencement.
15.3 A “grievant” is the Unit Member(s) adversely affected or the Union. Purpose
15.4 The purpose of this procedure is to secure, at the lowest possible administrative level, an equitable solution to a claim by an employeegrievance.
15.5 Both parties agree that these procedures will be kept as informal as may be appropriate at any level of the procedure.
15.6 The aggrieved Unit Member(s) may request that the Union represent them, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily but nothing contained herein will be construed as limiting the right of any Unit Member having a grievance to discuss the matter informally with any appropriate member of the administration, and to have the grievance adjusted without intervention by the Employer Union, provided that such adjustment is not inconsistent with the terms of the Agreement.
15.7 Grievances shall be processed as rapidly as possible, the time limits specified at each level should be considered to be maximum and every effort should be made to expedite the process. However, the time limits may be extended by any action taken mutual written agreement.
15.8 If a grievance is not processed by the grievant and/or the Union in accordance with the exercise time limits set forth in this Agreement, it shall not be subject to further procedures and shall be considered settled on the basis of its rights the decision last made by the District. If the District fails to respond to the grievance within the time limit specified at each level, the failure to respond shall be deemed a denial of the grievance and termination of the level involved. The grievant may proceed to the next step.
15.9 In the event a grievance is filed at such a time that it cannot be processed through all the steps within this grievance procedure by the end of the academic year and, if left unresolved until the beginning of the following academic year, and if this delay could result in harm to an aggrieved person, the time limits set forth herein will be reduced so that the procedure may be completed prior to the end of the academic year, or powersas soon thereafter as may be agreeable to the grievant and the District. Procedure – Level One
15.10 Within thirty (30) working days of the Unit Member’s discovery of the alleged violation, may become a grievant shall file a written grievance with their appropriate immediate management supervisor. The written grievance must, at a minimum, set forth the date of the alleged violation and the section(s) of the agreement alleged to have been violated. At the request of the grievant, a Level One meeting shall take place between the grievant and the appropriate immediate management supervisor in an effort to resolve the grievance. Grievances must A written decision by the appropriate immediate management supervisor will be presented in Step 1 provided within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the Level One grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriffmeeting. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when Procedure – Level Two
15.11 If the grievant is not scheduled to work or when scheduling arrangements can be madesatisfied with the disposition of the grievance at Level One, allowing the grievant to attend the hearing. If may file the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing., with the appropriate vice president, within ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving difference concerning the dismissal, discipline or suspension of any employee or the interpretation, applicationapplication or operation of this Agreement or any alleged violation thereof, or enforcement including any question as to whether any matter is arbitrable, shall be dealt with without stoppage of work in the following manner: Within fifteen (15) working days of the terms date on which the incident giving to the grievance occurred or of this Agreementthe date when the first became aware of the incident, whichever is later, the aggrieved up the matter with their immediate supervisor. or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise absence the Division Head or Department Head. Within ten working days of its rights receiving the grievance, the immediate supervisor and the shall meet to attempt to resolve the matter, At the option of the aggrieved employee a Shop Xxxxxxx or powersUnion representative may be present at the meeting. If the matter is not resolved within ten days of the meeting date set out in step one above, may become the aggrieved employee together with a grievance. Grievances must be presented in Step 1 Shop Xxxxxxx or other Union representative shall, within ten (10) working days of (1) days, meet and discuss the occurrence of matter with the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2Department Head. If the grievance is not settled at within ten (10) days of the first step meeting with the Department Head, the shall, within ten (10) days, it shall be reduced to writing and presented referred to the Sheriff. If not resolved within five (5) working days, Personnel Administrator and the Sheriff shall furnish the employee a reply in writing.
Step 3Union Business Representative. If the grievance is not settled within ten (10) days of being referred to the Personnel Administrator and the Union Business Representative the matter shall, within ten (10) working days, be referred to the Manager. If the matter is not settled in Step above within ten days of being referred to the Regional Manager, the matter may be referred by either party to a Board of Arbitration as provided for in Clause for and conclusive determination. If the grievance has not advanced to the next stage under Step or within the stated time limits and the onus for delay is upon the Union, then the grievance shall be deemed to be abandoned and all rights of recourse to the grievance procedure shall be at an end. If the grievance has not advanced to the next stage under Steps or within the stated time limits and the onus for the delay is on the Employer, then the grievance will be deemed to have succeeded and all appropriate steps to remedy the matter shall be taken forthwith by the Employer. Extensions to the time limits as contained herein may be made by mutual consent of the parties. The Employer agrees not to introduce as evidence in any hearing any document from the tile of an employee, the existence of which the employee was not aware of at the second time of filing. When a “dispute”, as defined in the industrial Relations Act, arises between the parties, including any concerning the interpretation, application, operation or alleged violation of this Agreement which does not specifically involve an employee, the Union may submit the matter, in to the Personnel Administrator. if a satisfactory settlement is not reached with the Personnel Administrator within ten days, such matter may be referred to the Manager at step of Clause if a satisfactory settlement is not reached with the Regional Manager within ten (10) days, such matter may be referred to Arbitration under Clause step and as provided for in Clause A Board of Arbitration shall consist of one person to be appointed by the Employer and the unless either party indicates that they want a three (3) person Board of Arbitration which shall consist of one (1) person appointed by each party and a to be selected by the two so appointed. Where the parties are using a one person Board of Arbitration, the Employer and the shall mutually agree on the person within fourteen (14) calendar days after of the employee receives referral under Clause Step Where the parties are using a reply in writing from the Sheriffthree (3) person Board of Arbitration, the grievance Employer and the Union shall be presented to the Grievance Hearing Committee appoint their respective representative within seven (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (157) calendar days of the referral under Clause Step The two representatives shall select a chairperson within a further seven (7) calendar days Where the parties are unable to agree on a person to be a Arbitrator or a chairperson, as the case may be, either party may submit apply to the matter Minister of Labour to Step 4 within five (5) calendar days following make the expiration appointment. In all other respects, the provisions of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee Industrial Relations Act shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. apply The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member decision of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which Board of Arbitration shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended parties Each party shall bear the expenses of the arbitrator appointed by mutual agreement in writingsuch party and pay half the expenses of the chairperson.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving 10.1 All disputes, working conditions or grievances as to the interpretation, application, interpretation or enforcement performance of the terms of this Agreement, or a claim Agreement shall be subject of the grievance procedure.
10.2 The grievance shall be taken up by an the employee, employees with or Association that an employee has been discriminated against without a shop xxxxxxx or treated unfairly or arbitrarily by union representative, to the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 employee’s immediate supervisor within ten (10) working calendar days of (1) the its occurrence of the event causing the grievance; or (2) within ten (10) working calendar days of the time that an employee either the employee, shop xxxxxxx or union representative could have reasonably should have known become aware of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2occurrence. If the grievance is not settled at the first step within ten (10) daysresolved, it shall be reduced to writing and presented to the Sheriff. If not resolved immediate supervisor within five ten (5ten) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If calendar days of the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal meeting discussed above. A written answer shall be given to by the Sheriff. The GHC shall be comprised immediate supervisor or another employer representative within ten (10) working days following receipt of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. written grievance.
10.3 If the grievance is not resolved as provided in Section 9.2 above, it may be referred in writing by the employee or union to Massage Bar’s Human Resources Manager within fifteen ten (15) calendar days either party may submit the matter to Step 4 within five (510) calendar days following the expiration receipt of the fifteen answer of the immediate supervisor as provided above. The Human Resources Manager or his/her designee shall set up a meeting to discuss the grievance within ten (15 10) calendar days aforesaidafter receipt of the grievance. The Human Resources Manager or his/her designee shall give a written answer within ten (10) calendar days following the meeting.
10.4 If the grievance is not resolved as provided above, or it may be referred by the matter Union to arbitration by giving written notice to Massage Bar of its desire to arbitrate within thirty (30) calendar days after the answer from Massage Bar.
10.5 The reply to a grievance will be deemed waived considered final, and finally settledthe grievance closed, if the grievance is not advanced to the next step within the time limits herein provided, unless an extension of the time limits is agreed to in writing. In matters where suspension Should Massage Bar fail to provide an answer to a grievance within the time limits provided or dismissal without pay or benefits are an issuea written extension thereof, the Finance, Personnel and Economic Development Committee Union may refer the grievance to the next step of the grievance procedure. Such referral must take place within ten (10) calendar days of the date Massage Bar’s reply was due. Grievances concerning the discharge or disciplinary suspension of an employee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 be first filed in writing served on at the opposite party to include Human Resources Manager level of the Sheriff by the party appealing, grievance procedure and shall be subject to arbitrationfiled within ten (10) calendar days of the date of the disciplinary action. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time time limits set forth above provided throughout this Article may be extended only by written mutual agreement agreement.
10.6 Matters taken up pursuant to this grievance procedure shall be discussed in writinga manner such as to not have any effect on customers or potential customers present at a Massage Bar.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any A complaint or between the Agency and the Union concerning the interpretation,, application or alleged violation Agreement may be submitted in writing by either party within days following the circumstances giving rise to the complaint or grievance. grievances will be submitted to .the Executive Director or to designate. such a grievance cannot be resolved within ten 0) working days, by discussion between Agency and the Union, such grievances be referred to arbitration under Article of this Collective Agency grievances will be submitted to the Local's President or to designate. such a grievance cannot be resolved within ten (IO) working days, by discussion between the Union and Agency, such may be referred to arbitration under Article this Collective Should any grievance fail to be satisfactorily settled in the foregoing procedure, either party may, within fifteen 5) working days following receipt of the reply at Step notify the other party, in writing, of its desire to submit the grievance to arbitration. If a grievance is unresolved after Step and prior to applying to arbitration, either party may, with the consent of the other party, apply to the Ministry of Labour to request the assistance of a Grievance Mediator to help resolve the grievance. The results will be non-binding. If a grievance is unresolved, the Union and the Agency may agree upon a sole arbitrator to hear the matter, and for this purpose will exchange nominations. Failing agreement between the Union and the Agency within thirty (30) working days, as to a sole arbitrator to be appointed, either party may refer the matter, within four (4) working days thereafter, to a Board of composed of three (3) members, and either the Union or the Agency may inform the other in writing of its desire to submit the matter involving to arbitration a three- person Board, and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice, shall, within thirty (30) working days advise the other party of the name of appointee to the Arbitration Board. The two appointees so selected shall within thirty (30) working days of the appointment of the second of them, appoint a third person who shall be Chairman. If either party fails to make the required appointments within the time designated, either or both parties may request the Minister of Labour for Ontario to fill the vacancies.. person may an arbitrator who is or the Agency or an employee of either the Union Agency involved in attempts to negotiate or settle the grievance. I shall and ne h a 'by The the decision Arbit oa there of th e hai an I I The decision Arbitration Board Arbitration before it is the parties involved, It not .referred to working the 'have been grievance may be processed 'to arbitration has been processed through the grievance procedure and within the time by this collective agreement. Time shall be by excluding Saturdays, Sundays holidays listed in this agreement. If a grievance has into the grievance procedure is not processed any of the limits set this this is Failure ofthe to its shall permit the aggrieved employee to to succeeding step, provided the grievance ai this step within ten days after expiration of the said The time limits fixed in both the grievance and arbitration procedures may be extended by consent of the parties in writing. It is understood and agreed that the Arbitration Board shall have authority only to settle disputes under the terms of this agreement and may interpret and apply this agreement to the facts of the particular grievance involved. grievances arising from the interpretation, application, administration or enforcement of the terms alleged violation of this Agreementagreement, or including a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become question as to whether a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance matter is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealingarbitrable, shall be subject to arbitrationarbitrable. The parties Board of Arbitration shall request have no power to alter, add to, subtract from, modify or amend this agreement, nor to give any decision inconsistent with it, nor shall any practices or customs become binding unless they are acknowledged in writing between the Wisconsin Employment Relations Commission to appoint a Commissioner or member of Executive Director and the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingUnion.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving A. Grievances are defined as disputes between the interpretation, application, Employee (or enforcement Union) and the District to the interpretation or application of the terms specific term(s) of this Agreement, or those disputes over discipline resulting in written reprimands, suspensions, demotions or terminations. Grievances shall be settled according to the following procedure.
B. In the grievance procedure, the aggrieved employee shall have the right as guaranteed by RCW 41.56.080 to represent themself or to be represented by a claim by Union representative. In addition, the Union has the right, in its own capacity, to act as an aggrieved party in the grievance procedure. In the event the aggrieved party is an individual employee, employees the grievance procedure shall begin with Step 1. In the event the aggrieved party is the Union, the grievance procedure shall begin with Step 2, provided the Union initiates such proceedings by filing a written grievance within twenty (20) calendar days of the knowledge of the alleged grievance.
C. Any grievance not brought or Association that an employee has been discriminated against or treated unfairly or arbitrarily appealed by the Employer aggrieved employee (or Union) within the prescribed time limits shall be considered resolved on the basis of the District’s last response. A grievance not responded to by any action taken the District within the prescribed time limits shall permit the grievance to advance to the next step.
D. A grievance shall be submitted in writing and shall contain the following information:
1. A statement of the grievance and the facts upon which it is based;
2. The date or dates of the alleged violation;
3. A statement of the specific provision(s) of the collective bargaining
4. agreement alleged to have been violated;
5. The manner in which the provision is alleged to have been violated;
6. The specific remedy sought;
7. The signature of the aggrieved employee.
E. A grievance shall be processed in the exercise following manner, except that time limits may be extended or waived by written mutual agreement of its rights or powers, may become a grievanceboth parties. Grievances must be presented in Step 1 The grievant shall present the grievance to the immediate supervisor within ten twenty (1020) working calendar days of (1) knowledge of the occurrence of the event causing giving rise to the grievance; provided, however, no grievance shall be filed for an alleged violation occurring more than ninety (90) calendar days after the alleged occurrence. The grievant shall meet and discuss the grievance with the supervisor who shall respond in writing, affirming or denying the grievance within twenty (220) within ten (10) working calendar days of the time that an employee reasonably should have known of meeting with the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2grievant. If the grievance is not settled resolved at Step One, the grievant shall submit it, in writing to the Fire Chief of the District or their designee. Within twenty (20) calendar days of the supervisor’s written response, the Fire Chief shall, upon receipt, date the written form submitted. Within twenty (20) calendar days, or on a mutually agreed upon date, following receipt of the written form, the Fire Chief will schedule a meeting to discuss the issue(s). In attendance shall be one
(1) person representing the Union, the grievant, the Fire Chief, and one (1) person designated by the Fire Chief. Following discussion of the issue(s), the Fire Chief shall direct a written response to the grievant(s). The Fire Chief shall respond in writing within twenty (20) calendar days from the mutually agreed upon date; provided, however, that if the Fire Chief in unavailable at the first step within ten (10) daystime the grievance is submitted to Step Two, it the time limit for the Fire Chief’s response shall be reduced to writing and presented to the Sheriff. If not resolved within five extended an additional twenty (520) working calendar days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled resolved at the second step and within fourteen (14) days after the employee receives a reply in writing from the SheriffStep Two, the grievant with the consent of the Union may, within twenty (20) calendar days from receipt of the response in Step Two, appeal the grievance shall be presented to the Grievance Hearing Committee (GHC) Board of Commissioners by filing written notice with the District Secretary. The Board shall conduct a hearing and notice of such appeal shall be given transmit its decision to the Sheriff. The GHC shall be comprised grievant and the Union within twenty (20) calendar days of the County HR Director, the Director conclusion of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party to the satisfaction of the Union at Step Three, the Union may submit the matter to Step 4 within five arbitration. Within twenty (520) calendar days following the expiration of receipt of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issueBoard’s findings, the FinanceUnion shall notify the Board in writing of its intent to arbitrate the issue. Within twenty (20) calendar days of the Union’s request to arbitrate, Personnel a representative of the Union and Economic Development Committee of the District shall act meet and attempt to agree on a neutral arbitrator. If unable to reach agreement, they shall request a list of seven (7) arbitrators from the Public Employment Relations Commission. Upon receipt of the list, the two (2) representatives shall meet within twenty (20) calendar days to alternately strike names until one (1) name remains. This person shall service as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governsole arbitrator.
Step 4F. The arbitrator shall have no power or authority to add to, subtract from or in any manner modify the terms of this Agreement, nor to determine any issue other than that submitted. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 The decision of the arbitrator shall be in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as setting forth the arbitrator. The Arbitrator shall make a decision on the grievance which ’s reasoning and shall be final and binding on all parties.
G. The arbitrator’s decision shall be made in writing and should be issued to the parties within thirty (30) calendar days after the hearing.
H. Expenses and compensation for the arbitrator’s service and the proceedings shall be shared equally between the parties; provided, however, each party shall be solely and completely responsible for all costs of preparing and presenting its own case. If either party desired a record of the proceeding, it shall solely bear the cost of such recording, unless both partiesparties agree to share the record and equally share the cost.
I. If an employee is given a directive by a supervisor which the employee believes to be in conflict with any provisions of this Agreement, the employee shall comply with the directive at the time it is given, and thereafter exercise their right to grieve the matter. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingThe employee’s compliance with such directive will not prejudice the employee’s complaint with such a grievance, and such compliance will not affect the resolution of the grievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving The release of a probationary employee shall not be the interpretationsubject of a grievance unless the probationary employee is released for: reasons which are arbitrary, applicationdiscriminatory, or enforcement in bad faith; or exercising a right under this agreement. Subject to a), a claim by an employee that has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged at Step No. of the terms grievance procedure within three (3) days after the employee ceases to work for the Hospital and the first two steps of the grievance procedure will be omitted in such case. Discharge grievances may be settled by confirming the action of the Hospital in discharging the employee or reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of an Arbitration Board. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation or alleged violation of this agreement, such grievance may be submitted to arbitration as set forth in Article If no written request for arbitration is received within ten (10) days the decision under Step No. is given, it shall be deemed to have been settled and not eligible for arbitration. agreements reached under the Grievance Procedure between the representatives of the Hospital and the or the representatives of the Association will be final and binding upon the Hospital and the Association and the employees. Any grievance not submitted within the time limit nor advanced by the grieving party within the time limits provided for each step of the grievance procedure shall be deemed to have been dropped. No matter may be submitted to which has not been properly carried through all the requisite steps of the grievance procedure. Where no answer is given within the time limits specified in the grievance procedure, the grieving party shall be entitled to submit the grievance to the next step of the grievance procedure. No adjustment effected under the grievance procedure shall be made retroactive prior to the date of the circumstances giving rise to the grievance occurred save and except for time card errors involving pay. If the Hospital or the Association requests that a grievance as above provided be submitted to Arbitration it shall make such request in writing addressed to the other party of this Agreement, and at the same time indicate if a sole arbitrator is to be named (as per Article herein) or if a Board of Arbitration is to be constituted, the party requesting must name nominee to the Board at the time of the request. Within ten days thereafter the other party shall notify the first party in writing of its nominee to the Board. The two (2) nominees- shall, within ten days of the nomination of the latter of them, attempt to settle by agreement the third person to be a member and Chairman of the Arbitration Board. If they are unable to agree on such a Chairman, either xxxxx may then request that the Minister of Labour the Province of Ontario effect such an appointment. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or a claim by an employeeto substitute any new provisions in lieu thereof, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by nor to give any decision inconsistent with the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence terms and provisions of the event causing the grievance; or (2) within ten (10) working days Agreement. Each of the time that an employee reasonably should have known parties hereto will bear the fee and expense of the events causing nominee appointed by it and the parties will jointly bear the fees and expenses, if any, of the Chairman of the Arbitration Board. The time limits fixed in both the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above arbitration procedures may be extended by mutual written consent of the parties to this Agreement. Saturdays, Sundays and designated holidays as set out in Article will not be counted in computing the time within which any action is to be taken or completed under the provisions of Article The Hospital and the Association may by written agreement in writingsubstitute for a specific grievance or grievances a named single arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been and the single arbitrator shall possess the same powers and be subject to the same limitations as a Board of Arbitration hereunder. At any stage of the grievance procedure including arbitration, the parties may have the assistance of the employee concerned as a witness.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving the interpretation, application, or enforcement of the terms of properly arising under this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must Agreement shall be presented in Step 1 within adjusted and settled as follows: Within ten (10) working days after the circumstances giving rise to the grievance occurred or originated (save and except grievances arising out of (1) the occurrence of the event causing the grievance; or (2) discharge cases in which case grievance shall be brought forward within ten (10) working five days of the time that an employee reasonably should have known being notified of his discharge), the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an aggrieved employee has a with his business representative may present his grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it which shall be reduced to writing and presented writing, to the SheriffEmployer. If not resolved Should no settlement satisfactory to the employee be reached within five (5) full working days, and if this grievance is one which concerns the Sheriff shall furnish interpretation or alleged violation of the employee a reply in writing.
Step 3. If Agreement, the grievance is may be submitted to arbitration as provided in Article 6 below any time within ten working days thereafter but not settled later. Grievances dealing with alleged violations of payment for hours of work, rates of, pay, overtime, premiums (shift and 'compressed air), travelling expenses, room and board allowances, reporting allowances, but not including grievances arising out of classification assignment, may be brought forward at Step No. 1 within three months after the second step circumstances giving rise to the grievance occurred or originated. Grievances dealing with payment of Pension contributions, Welfare contributions, Vacation with Pay, Industry Fund, Training contributions and dues, may be brought forward at Step 1 within fourteen (14) forty-five days after the employee receives circumstances giving rise to the grievance became known or ought reasonably to have become known to the Union. It is further understood that the adjustment of any such grievance may be retroactive to the first day of the alleged violation within the three month period. The written grievance shall contain a reply statement of the nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated and may not be subject to change at a later date. In determining the time which is allowed, Sundays and Statutory Holidays shall be excluded; however, any time limit may be extended by agreement in writing. If advantage of the provisions of this Article and Article 6 is not taken within the time limits specified, or as extended in writing from the Sheriffas set out above, the grievance shall be presented deemed to the Grievance Hearing Committee (GHC) have been abandoned and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall may not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.be
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving A complaint or a grievance arising directly between the University and the Union concerning the interpretation, application, or enforcement of the terms alleged violation of this Agreement, or a claim Agreement (which would not normally be grieved by an individual employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
initiated at Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above out in this Article may be extended by mutual agreement of the parties in writing. All decisions arrived at between representatives of the University and the Union shall be in writing and shall be final and binding upon the University, the Union, and the employees concerned. Either party may refer a grievance to mediation after completion of Step of the grievance procedure. Such mediation must be mutually agreed. The objective of mediation is to assist the parties in reaching a mutually acceptable settlement as expeditiously as possible. The parties agree to appoint the first available mediator from the following list of mediators: Xxxxx Xxx Xxxxxxx Xxxxxx The rules of evidence will not apply, and no record of the proceedings will be made. If no settlement is reached within thirty (30) days from the mediation meeting, the mediator will give a non-binding recommendation based on the provisions of the collective agreement. Mediation awards will have no value and shall not thereafter be referred to by the parties in respect of any other matter in any other setting. At least five days prior to the initial mediation meeting, the parties will provide an agreed to Statement of Facts to the mediator. This would include collective agreement clauses, facts, case law and arguments in support of each party’s position on the issues. Any further non-agreed to facts may be provided in writing to the mediator and the other party. Any written material presented to the mediator will be returned to the issuing party at the conclusion of the mediation process. Mediation will take place at the Employer’s workplace. The affected parties will participate fully in the proceeding with the assistance of representatives of the Employer and the Union. The parties will equally share the cost of fees and expenses of the Mediator. Following the mediation process, if no settlement is achieved, the parties may advance the grievance to Step of the grievance procedure. A grievance may be removed from the Mediation process at any time prior to the hearing and forwarded to the standard Arbitration process. When either party requests that a grievance be submitted to arbitration, the request shall be made by notice in writing addressed to the other party to the Agreement. Within ten days thereafter, the parties shall jointly appoint an Arbitrator. If the parties fail to agree upon the selection of an Arbitrator, the appointment shall be made by the Minister of Labour for the Province of Ontario upon request of either party. No person shall be selected as an arbitrator who (a) is acting or has, within a period of six (6) months preceding the date of appointment, acted in the capacity of a Solicitor, Legal Advisor, Counsel, or paid Agent of either of the parties; has any pecuniary interest in the matters in dispute. The decision of the arbitrator shall be final and binding upon the parties to this Agreement, but in no event shall the arbitrator have the power to alter, modify, or amend this Agreement in any respect, or to substitute any new provisions for any existing provisions, nor to make any decisions inconsistent with the terms and provisions of this Agreement. Where the Arbitrator determines that an employee has been discharged or otherwise disciplined by the Employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the Arbitrator may substitute such other penalty for the discharge or discipline as to the Arbitrator seems just and reasonable in all the circumstances. Each party to this Agreement shall pay one-half of the fees and expenses of the Arbitrator. At any stage of the grievance or arbitration procedure, the parties may have the assistance of the employee concerned as a witness and any other witnesses, and all reasonable arrangements will be made to permit the conferring parties or the Arbitrator to have access to any part of the Employer's premises to view any working conditions which may be relevant to the settlement of the grievance. Parties are responsible for any lost wages and expenses respecting witnesses not in the employ of the Employer called on their behalf. Where the parties agree to the use of an Agreed Statement of Facts, such Statement will be provided to the arbitrator at least five (5) business days before the hearing. The Statement of Facts normally will include all facts that can be mutually agreed upon.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving In the event that any difference arises out of the interpretation, application, operation, or enforcement of the terms any alleged violation of this Agreement, including any difference arising from the suspension or a claim by an employeedismissal of any employee and including any question or difference as to whether any matter is arbitrable, employees such question or Association that an employee has been discriminated against difference shall be finally and conclusively settled without stoppage of work in the following manner:
(a) Such difference or treated unfairly or arbitrarily grievance shall first be reduced to writing and taken up by the Employer by any action taken in employee and a representative of the exercise Union with the employee's Department Head and the Director of its rights or powersHuman Resources, may become a grievance. Grievances must be presented in Step 1 within ten (10) working calendar days of (1) the occurrence of the event causing the grievance; such difference or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievancearising.
Step 1. (b) If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, such difference or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days, the grievance shall be submitted by the Union to the City Manager.
(c) The City Manager shall meet and discuss the matter with the grievor and the Union within ten (10) calendar days following the expiration of receipt of the fifteen grievance.
(15 d) Should the City Manager be unable to effect a settlement within ten (10) calendar days aforesaidof the meeting pursuant to step (c), or either party may, within a further five (5) calendar days, submit the grievance to a Board of Arbitration of three (3) persons, one (1) of whom shall be appointed by the Corporation and one (1) by the Union. Such appointments shall be made within ten (10) calendar days of the date the matter will is referred to Arbitration and the third member shall be deemed waived appointed within ten (10) calendar days by the two (2) members so appointed and finally settledshall be Chairperson. In matters where suspension or dismissal without pay or benefits are an issueShould the members appointed by the parties fail to agree on a Chairperson within the said ten (10) calendar days, the Finance, Personnel and Economic Development Committee said Chairperson shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff be appointed by the party appealing, shall be subject to arbitrationMinister of Labour of the Province of British Columbia. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member provisions of the staff to serve as Labour Relations Code shall govern such decision of the arbitratorBoard. The Arbitrator shall make a majority decision on of the grievance which Board shall be final and binding on both parties and each party shall bear the expense of their Arbitrator and pay half of the expenses of the Chairperson.
(e) In the event the Board of Arbitration finds that an employee has been dismissed or suspended for other than proper cause, the Board of Arbitration may direct the Corporation to reinstate the employee and pay to the employee a sum equal to the wages or salary lost by reason of such suspension or discharge or such lesser sum as in the opinion of the Board of Arbitration is fair and reasonable or make such other order as it considers fair and reasonable having regard to the terms of the Collective Agreement between the parties. TIME LIMITS: Time limits set forth above .
(f) Where a stipulated time is mentioned herein, the said time may be extended by mutual agreement consent of the parties.
(g) Grievances dealing with dismissal or termination shall start at the City Manager step in writingthe Grievance Procedure.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving The purpose of this Article is to establish a procedure for the settlement of A grievance shall be defined as any difference arising out of the interpretation, application, administration, or enforcement alleged violation of the terms of this Agreementcollective agreement or a case where the Agency has acted unjustly, improperly, or unreasonably in relation to any acts or statutes. The aggrieved employee must first discuss the complaint or grievance with immediate Supervisor. Such employee may have a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by Union representative present if so desires. Such a complaint shall be brought to the Employer by any action taken in attention of the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 immediate Supervisor within ten five (105) working days of (1) after the occurrence which is the basis of the event causing the grievance; , or within five (2) within ten (105) working days after the employee should reasonably have had knowledge of the time that an employee reasonably should have known of the events causing the grievance or else the same said event, but not thereafter. The immediate Supervisor shall be barred as give a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved verbal reply within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled satisfactorily resolved at the second step complaint stage it shall be reduced to writing stating the particulars of the grievance including the articles violated where applicable and the redress sought. The written grievance must be presented to and discussed with the immediate Supervisor and a copy submitted to the immediate Supervisor within fourteen (14) ten working days after the employee receives verbal reply given above. The immediate Supervisor shall within ten (1O) working days, writing following the date of the Step meeting. render his reply to the Union Xxxxxxx in Article O Grievance Procedure Failing settlement of Step the grievance may be submitted within ten working days thereafter, to the Executive Director or designate, who shall call a meeting, which shall be held within ten (IO) working days of the written reply from Step unless extended by written agreement of the parties. The decision of the Agency shall be delivered in writing from to the Sheriff, Union Xxxxxxx within ten (1O) working days following the date of such meeting. The has the right to attend any or all steps of the grievance and arbitration procedures. The may be accompanied by a Shop Xxxxxxx during Step of the grievance procedure. The shall be presented to accompanied by the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised Shop Xxxxxxx during Step of the County HR Directorgrievance procedure, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list Shop Xxxxxxx and Chief Xxxxxxx or President during Step of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearinggrievance procedure. If the grievance is not resolved within fifteen (15) calendar days either party parties are unable to resolve the grievance, the Union or the Agency may submit refer the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitrationArbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on time limits fixed in both the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above arbitration procedure may be extended by mutual agreement confirmation in writing.writing of the parties to this agreement. The Union may have the assistance of a National representative at any stage of the grievance and arbitration procedure, provided there is not any financial cost to the Agency Article O Grievance Procedure
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application, applica- tion or enforcement alleged violation of the terms Agreement shall be originated at Step 3 within ten days following the circumstances giving rise to the grievance. by-passed. Where the grievance is a Hospital grievance it' shall be filed with the Grievance Committee. Where a number of employees have identical grievances, and each one would be entitled to grieve separately, they may have occurred. The grievance shall then be treated as being initiated at Step 2 and the applicable provisions of this Agreement, or a claim by Article shall then apply with respect to the handling of such grievance. - - -Gr-iev-anc-e If an employee, employees or Association who has completed his probationary period, claims that an employee he has been discriminated against or treated unfairly or arbitrarily unjustly discharged, such claim must be submitted by the Employer employee, who may be accompanied by a union xxxxxxx, the union xxxxxxx at Step 3 of the grievance pro- cedure to the Hospital within five days following the date the is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee with up to full seniority for time lost and up to full compensation for time lost, any action taken in other arrangement which may be deemed just and . equitable. settlement under the exercise of its rights or powersforegoing procedure, any grievance may become a grievancebe submitted to arbitration as hereinafter pro- vided. Grievances must be presented in Step 1 If no written request for arbitration is received within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriffdecision under Step 3 is given, the grievance shall be presented deemed to have been abandoned. All agreements reached, under the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to grievance procedure, the Sheriff. The GHC shall be comprised representatives of the County HR Director, the Director of Administration Hospital and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration representatives of the fifteen (15 days aforesaid, or the matter Union will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both partiesupon the Hospital, the Union and the . TIME LIMITS: Time limits set forth above When either party requests that any matter be submitted to Arbitration as provided in this Article, it shall make such request in writing addressed to the other to this and at the same time appoint a nominee, Within five thereafter other party appoint its pro- vided however, that if party fails to appoint its nominee as herein required, the Minister of for the Province of Ontario shall have the power to make such appointment upon application thereto by the party invoking the arbitration proce- dure. The two nominees shall to agree upon a chairman of the Arbitration Board, If they are unsuccessful in agreeing upon such a chairman within a period of ten days of the appointment of the second nominee, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. No person may be extended appointed to the Arbitration Board who has been involved in an attempt to negotiate or settle the xxxx- xxxxx. The Arbitration Board shall not be to make any decision inconsistent with the provisions this Agreement,, nor to alter, modify, add to or amend any part of this Agreement. The proceedings of the Arbitration Board will be expedited by mutual agreement the parties hereto and the decision of the majority, and where there is no the decision of the Chairman, will be final and binding upon the parties hereto and the or employees concerned. Each of the parties hereto bear the expense of the nominee appointed by it and the parties share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, and Holidays are not to be counted in writing--the time limits as set out in this Article.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving the interpretation, application, or enforcement The parties to this Agreement are agreed that it is of the terms of this Agreement, or a claim by an employee, employees or Association utmost importance to adjust complaints and grievances as quickly as possible. It is understood and agreed that an employee does not have a Grievance until he has been discriminated against discussed the matterwith his Job Superintendent and given him an opportunity of dealing with the complaint. The employee may have his Xxxxxxx or treated unfairly Business Representative present, if he so desires. Grievances properly arising under this Agreement shall be adjusted and settled as follows: Within twenty-one (21) days after the circumstances giving rise to the Grievance occurred or arbitrarily by the Employer by any action taken originated except in the exercise case of its rights or powersa Discharge Grievance, may become a grievance. Grievances must which shall be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance Grievance shall be presented to the Grievance Hearing Committee (GHC) Employer in writing, and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC parties shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar working days following in an endeavour to settle the expiration Grievance. If a satisfactory settlement is not reachedwithin five (5) working days from this meeting, then the Grievance may be submitted to a committee consisting of two (2) members of the fifteen Union and two (15 2) members of the Bureau at any time within five (5) working days aforesaidthereafter, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issuebut not later, and, if a satisfactory settlement is not reachedwithin five (5) working days form this meeting, the Finance, Personnel and Economic Development Committee shall act grievance may be submitted to Arbitration as the GHC under S.59.26 provided in Article at any time within ten (8)(b10) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff working days thereafter unless mutually agreed by the party appealingparties. Grievances dealing with alleged violations of Hours of Work, shall Rates of Pay, Overtime, Travel Expenses, and/or Vacation Pay, may be subject brought forward within three (3) months of such alleged violations. Grievances dealing with alleged violation of welfare, pension, dues, training fund andlor industry fund andlor any other fund provisions may be brought forward within forty-five (45) days after the circumstances giving rise to arbitrationsuch Xxxxxxxxx became knownor ought reasonably to have become known to the Union. The parties shall request It is further understood that such grievances may be retroactive to the Wisconsin Employment Relations Commission to appoint a Commissioner or member first day of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingalleged violation provided such grievances are proven.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving The purpose of this Article is to establish a procedure for the interpretation, application, or enforcement settlement of grievances which involve the terms interpretation and application of a specific provision of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by . All such grievances will be handled as provided in this Article. No grievance shall be considered under the Employer by any action taken grievance procedure unless it is presented within the time limits set forth in this Article. A grievance will be considered settled on the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence basis of the event causing the grievance; or (2) within ten (10) working days last answer given. If a grievance is once settled in any of the time that an employee reasonably should have known of the events causing following steps, it shall be considered closed and shall not thereafter be subject to the grievance procedure or else the same shall be barred as a grievanceto arbitration hereunder.
Step 1. If an employee has a The aggrieved employee, within fourteen (14) calendar days of the alleged act or omission giving rise to the grievance, he/she either with or without a Union representative, shall first present take up the grievance orally matter with the Department Manager or designee, and in the case of the Art Museum, with the Director of Security or designee. The grievant and/or the Union representative shall identify in full the specific term(s) of the Agreement believed to his/her immediate supervisorhave been violated, identify how and when the Agreement was violated and identify the remedy sought. The Department Manager or Director of Security (or their designee) will respond to the Sheriff either alone or accompanied by aggrieved employee and/or the Association XxxxxxxUnion representative within fourteen (14) calendar days, in writing.
Step 2. If the grievance is has not been satisfactorily settled at the first step within ten (10) daysStep 1, it shall be reduced to presented by the Union in writing and presented to the SheriffDepartment Head (or designee) within seven (7) calendar days after the response of the immediate supervisor. The grievance shall identify in full the specific term(s) of the Agreement believed to have been violated, identify how and when the Agreement was violated and identify the remedy sought. The Department Head (or designee) may request to meet with the grievant(s) and the Union representative to discuss and attempt to resolve the grievance. The Department Head (or designee) shall provide a written response to the Union representative within twenty one (21) calendar days after such meeting, or within twenty one (21) calendar days after receipt of the grievance if no meeting is requested. If not resolved within five (5) working daysthe grievance concerns discharge or discipline of an employee, the Sheriff shall furnish grievance must also be signed by the employee a reply involved in writingorder to advance beyond Step 2. If the grievance is not submitted by the Union within such seven-day period the grievance shall be considered to be without merit and settled on the basis of the Supervisor's Step 1 position. The University shall provide the Union, upon request with the names and titles of the designees set forth in this Article.
Step 3. If the grievance no satisfactory settlement is not settled reached at the second step and within fourteen (14) days after the employee receives a reply in writing from the SheriffStep 2, the grievance shall be presented in writing to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration Labor and an “at-large” member selected by the HR Director from a rotating list of five Employee Relations (5or designee) department headswithin twenty one (21) calendar days. The participating “at large” member Director of Labor and Employee Relations (or designee) shall not be affiliated meet with the grievant’s department of employmentgrievant and the Union officer (or designee) in an effort to settle the grievance. The GHC Director of Labor and Employee Relations (or designee) shall meet at provide a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearingwritten response within twenty one (21) calendar days after such meeting. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration nature of the fifteen (15 days aforesaid, or grievance makes it appropriate and with the matter will be deemed waived assent of the Director of Labor and finally settled. In matters where suspension or dismissal without pay or benefits are an issueEmployee Relations, the Finance, Personnel written grievance may be submitted directly by the Union to the Director of Labor and Economic Development Committee shall act as Employee Relations or by the GHC under S.59.26 (8)(b) Wisconsin Statutes Director of Labor and Employee Relations to the rules Union. The procedure set forth in that Section the preceding paragraph shall governapply.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving All differences, disputes, suspensions, and discipline cases hereinafter collectively referred to as “grievances” between the interpretation, application, or enforcement of the terms parties arising out of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken Agreement will be handled in the exercise of its rights or powers, may become a grievancemanner set forth below. Grievances must be presented in Step 1 All days referred to within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievancethis provision will mean calendar days.
Step 1. If Employees covered by this Agreement who have a complaint under this Agreement will, when possible, discuss the complaint with their supervisor within 15 days from the date of the occurrence in an employee has effort to resolve the complaint without resort to the formal grievance procedure. This Step 1 procedure will not extend the Step 2 time limits to file a written grievance, he/she shall first present . Final disposition at this step is non-precedent setting and may not be relied upon by the grievance orally to his/her immediate supervisor, Union or the Sheriff either alone or accompanied by the Association XxxxxxxCompany in any arbitration hearing for any purpose.
Step 2. If Failing resolution at Step 1, an employee or Union grievance may be presented in writing by the employee, union shop xxxxxxx, or ABA to the employee’s supervisor which must be within 30 days from the date of the occurrence of the incident upon which the grievance is not settled based or within 30 days from the date a pay claim xx- xxxx is received. Discharge grievances must be initially filed at Step 2. Within 15 days after receipt of the first step within ten (10) dayswritten grievance, it shall be reduced to writing and presented the em- ployee’s supervisor must respond with a written decision on the grievance to the Sheriffappropriate vice president/assistant business agent. If The Company will also forward a copy of its written decision to the grievant and the appropriate xxxxxxx. Final disposition at this step is nonprecedent setting and may not resolved within five (5) working days, be relied upon by the Sheriff shall furnish Union or the employee a reply Company in writingany arbitration hearing for any purpose.
Step 3. If Failing satisfactory disposition of such grievance at Step 2, within 15 days of the receipt of the supervisor’s written re- sponse, the grievance is not settled at may be appealed in writing by the second step and within fourteen (14) union pres- ident or his/her designee to the appropriately designated Company representative. Within 15 days after the employee receives receipt of this appeal, a reply in writing from Step 3 conference will be held at the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised home location of the County HR Directoremployee, un- less otherwise agreed between the Director of Administration and an “at-large” member selected by parties. A complaining customer may appear either telephonically or in person at the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearingStep 3 confer- ence. If the grievance complainant fails to testify at a Step 3 conference, the complainant is prohibited from testifying at arbitration. If the com- plainant appears the Union agrees to allow the complainant to testify at the arbitration hearing by telephone, live, or in the form of a pre-ar- bitration deposition. The same procedures will apply to complaining parties other than customers with the exception that supervisory personnel and regulatory authorities acting in their official capacity do not resolved within fifteen (15) calendar have to testify at the Step 3 conference to testify at arbitration. Within 15 days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaidconference, the Company representative must respond with a written decision to the appropriate vice presi- dent/assistant business agent.The Company will also forward a copy of its written decision to the grievant and the appropriate xxxxxxx. Final disposition at this step is non-precedent setting and may not be relied upon by the Union or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth Company in that Section shall governany arbitration hearing for any purpose.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving 8.01 For the purposes of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Employer or between the parties hereto relating to the interpretation, application, administration or enforcement alleged violation of the terms Agreement or related legislation.
8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement or related legislation which are alleged to have been violated.
8.03 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right to the presence of their xxxxxxx. In the case of suspension or discharge, the Employer shall notify the employee of this Agreementright in advance.
8.04 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, or a claim by an employee, employees or Association and it is understood that an employee has been discriminated against no grievance until they have first given their immediate supervisor or treated unfairly designate the opportunity of adjusting their complaint. The griever may have the assistance of a Union Xxxxxxx if they so desire.
Step 1 The employee shall submit the grievance in writing on the appropriate form, and signed by them, to their immediate supervisor or arbitrarily designate. The employee may be accompanied by a Union Xxxxxxx. The immediate Supervisor or designate will deliver their decision in writing within five (5) days following the day on which the written grievance was presented to them. The Union and the Employer may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step 2 Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Manager, Emergency Services. A meeting will then be held between the Manager, Emergency Services and the designated union representatives who may be accompanied by the general representative of the Union, within five (5) days of the submission of the grievance at Step 2, unless extended by mutual agreement of the parties. The decision of the Employer by any action taken shall be delivered in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 writing within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration date of the fifteen (15 days aforesaidsuch meeting. Failing settlement, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.then:
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving Process
a) A grievance shall be in writing signed by a representative from the interpretationAssociation or the Employer, applicationas the case may be, or enforcement of and shall specify the terms matter(s) in dispute, the article(s) of this AgreementAgreement alleged to have been violated, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by and the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within remedy sought.
b) No later than ten (10) working days of (1) following the occurrence receipt of the event causing grievance, the Employer representative shall meet with the Association representative and any Member affected. The parties shall make every reasonable attempt to resolve the grievance; or (2.
c) If the grievance is resolved at this stage, such settlement shall be reduced to writing and countersigned by the Association representative and the Employer representative within ten (10) working days of the time meeting at which the settlement was reached.
d) In the event that an employee reasonably should have known of the events causing Association representative and the Employer representative cannot resolve the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present party denying the grievance orally to his/her immediate supervisor, or shall provide the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If reason for denying the grievance is not settled at the first step in writing within ten (10) days, it shall be reduced to writing and presented to working days of the Sheriff. If not resolved within five (5meeting(s) working days, the Sheriff shall furnish the employee a reply specified in writingArticle 15.7.b.
Step 3. If the grievance is not settled at the second step and within fourteen (14e) days after the employee receives a reply in writing from the SheriffEither party may, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar working days either party may submit of receipt of the matter response specified in Article 15.7.d, request in writing that an ad hoc Dispute Resolution Committee [DRC] be formed. If both parties agree to Step 4 its formation, the DRC will hold a meeting within five thirty (530) calendar days following of receipt of this request. The DRC will consist of two (2) persons appointed by the expiration Employer, two (2) persons appointed by the President of the fifteen Association, and a fifth person (15 days aforesaid, or the matter who will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(bChair) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff appointed by the party appealing, shall be subject to arbitrationother four members. The parties shall request the Wisconsin Employment Relations Commission to appoint fifth person may be a Commissioner or person who is not a member of the staff to serve as immediate Renison community and may be a person who has proven experience of dispute resolution in other contexts.
f) In the arbitrator. The Arbitrator shall make a decision on event that the DRC cannot resolve the grievance which within 10 working days of the meeting, the Chair of the DRC shall inform the parties in writing that the matter remains unresolved.
g) All grievance-related discussions directed at the settlement of a grievance, including the DRC meeting are privileged and confidential and cannot be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement relied upon in writingany subsequent arbitration.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving A grievance is defined as a dispute by the interpretation, application, Union or enforcement a covered employee concerning the application or interruption of the terms a specific provision of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken . Grievances may be initiated in the exercise of its rights following manner:
Step 1. The employee or powersUnion representative shall present the grievance, may become a grievance. Grievances must be presented in Step 1 writing, to the unit manager within ten (10) working calendar days of (1) its occurrence or the occurrence of date the event causing the grievance; employee or (2) within ten (10) working days of the time that an employee reasonably union knew or should have known of the events causing grievance, whichever is later. The grievance shall include:
(a) the name of the grievant(s);
(b) the fact statement of the grievance;
(c) the sections of the contract violated; and
(d) the resolution requested. The unit manager and employee shall then attempt to adjust the matter within seven (7) calendar days from the date the grievance or else the same shall be barred as a grievance.
Step 1is received. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association XxxxxxxThe unit manager will respond in writing within seven (7) calendar days.
Step 2. If a grievance has not been settled between the affected employee and his or her unit manager, the grievance is not settled at shall be submitted in writing to the first step facility director, by the union representative within ten (10) calendar days, it . The facility director shall be reduced to respond in writing and presented to the Sheriff. If not resolved Union representative within five ten (510) working days, the Sheriff shall furnish the employee a reply in writingcalendar days after receipt thereof.
Step 3. If the grievance is not settled at resolved, the second step and union or the affected employee may submit the grievance to the General Manager within fourteen ten (1410) calendar days from the date of receipt of the facility director's written response. The General Manager or his/her designee shall respond in writing within ten (10) calendar days from receipt of the grievance.
Step 4. Should the parties fail to settle a matter of suspension or termination with the General Manager within seven (7) days after from the employee receives a reply date of submission to him or her, it may be referred in writing from within seven (7) calendar days thereafter to a Board of Adjustment upon mutual agreement of the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriffparties. The GHC Board of Adjustment shall be comprised consist of two (2) members designated by General Manager and two (2) members designated by the Union. Members of the County HR Director, the Director Board of Administration and an “at-large” member selected Adjustment designated by the HR Director from a rotating list of five (5) department heads. The participating “at large” member General Manager and the Union shall not be affiliated with from any of the grievant’s department facilities under the jurisdiction of employmentthis Agreement or any IATSE local union. The GHC Board of Adjustment shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved convene within fifteen ten (1510) calendar days either party may submit following referral of the matter grievance to Step 4 hear evidence submitted by the Union, the grievant, the facility involved, or the General Manager. The Board of Adjustment shall decide the issue by majority vote of its members within five (5) calendar days following the expiration hearing. A majority decision of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member Board of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which Adjustment shall be final and binding on all parties. In the event of a split decision, the grievance shall be considered unsettled.
Step 5. If the grievance is still unsettled, the Union shall, within ten (10) calendar days of receipt of the decision of the General Manager have the right to have the xxxxxx submitted to final and binding arbitration by submitting a written notice to the Human Resource Director or designee with a copy to the Employer. MERC and the Union shall first attempt to select an arbitrator who is mutually acceptable. If within ten (10) calendar days from the request for arbitration MERC and the Union are unable to agree upon an arbitrator, the Employment Relations Board shall be requested to submit a list of seven (7) names. Upon receipt of the list of arbitrators, within fourteen (14) calendar days both MERC and the Union shall have the right to strike three (3) names from the list. The first strike shall be determined by coin toss, then the parties shall alternate strikes with the remaining person to be the arbitrator. The designated arbitrator shall set a time and place for hearing which is agreeable to both parties. TIME LIMITS: Time limits set forth above Expenses for the arbitration shall be borne equally by both parties, however, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be extended by mutual agreement in writingmade. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter For the purpose ofthis Agreement, a grievance is a dispute, difference of opinion between the parties, and grievances of employees involving or arising out of the meaning, interpretation, application, or enforcement of the terms alleged violation of this Agreement, including the arbitrability of all such matters. In the event of a grievance over the interpretation of this Agreement, the following procedure may be followed:
(a) When a grievance arises, the employee may attempt first to settle the matter with their immediate supervisor. If this is unsuccessful, the representative of the Union can be called so that the matter may be settled without loss of time to either party. Either the Union Representative or the employee shall have the option to bring a claim by an employeegrievance to the attention of the Employer, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powerswriting, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working business days of the time that an employee reasonably should have known knowledge of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented facts giving rise to the Sheriffgrievance. If not resolved A response will normally be provided within five (5) working business days, the Sheriff shall furnish the employee a reply in writing.
Step 3. (b) If the grievance cannot be resolved on a local level, a representative of the Employer and a representative of the Union can, within seven (7) calendar days, attempt to reach a settlement of the controversy, dispute, or disagreement.
(c) In the case of wage discrepancies, the Employer agrees to submit to the Union upon request from the Union all wage data concerning same. The Employer is not settled at required to pay any wage claim or portion thereof retroactively for a period of more than six (6) months immediately prior to the second step date of written notice from the Union, of such claim.
(d) Any claimed grievance of any kind to be acted upon or accepted as valid for any reason must be filed in writing with the Employer and the Union within fourteen thirty (1430) calendar days after the employee receives a reply has knowledge of the occurrence giving rise to the grievance. If grievance is valid, employee is entitled to full back pay regardless of when grievance was filed.
(e) Any controversy over the interpretation of or the adherence to the terms and provisions of this Agreement, including all claims for wages which cannot be settled by negotiations, shall be submitted to arbitration by either party notifying the other involved in writing from the Sheriff, of its desire to do so. Notification of desire to submit the grievance shall to arbitration must be presented to the Grievance Hearing Committee made within thirty (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (530) calendar days following the expiration exhaustion of the fifteen (15 days aforesaida), or the matter will be deemed waived (b), (c), and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(bd) Wisconsin Statutes and the rules set forth in that Section shall governabove.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving 8.1 A grievance shall mean a written complaint by a member of the interpretationbargaining unit or Association that there has been an alleged violation, applicationmisinterpretation, or enforcement misapplication of the terms specific provisions of this Agreement.
8.2 A grievance must be filed within thirty (30) calendar days of the occurrence of the event which gave rise to the grievance. The number of days indicated at each step in the procedure shall be considered as the maximum allowable to the parties and every effort shall be made to resolve the grievance as rapidly as possible. The parties acknowledge that it is usually most desirable for a teacher and his/her immediately involved supervisor to resolve grievances through free and informal communications. If, or however, such informal processes fail to satisfy the grievant, a claim by an employee, employees grievance may be processed as follows:
a. The grievant or Association that an employee has been discriminated against or treated unfairly or arbitrarily by will present the Employer by any action taken grievance in writing to the exercise of its rights or powers, may become supervisor immediately involved. The supervisor will arrange for a grievance. Grievances must be presented in Step 1 meeting to take place within ten (10) working business days of (1) after the occurrence receipt of the event causing grievance.
b. The supervisor shall provide a written response to the grievance; or (2) grievant and the MFEA President within ten (10) working business days of the time meeting. This response shall include the supervisor's decision and reasons supporting that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievancedecision.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. c. If the grievance is not resolved at Step b., then the grievance may be referred to the Superintendent in writing within fifteen ten (1510) business days after receiving the supervisor's written answer. The Superintendent shall arrange for a meeting with both parties within ten (10) business days after the receipt of the grievance.
d. The Superintendent shall provide a written response to the grievant and the MFEA President within ten (10) business days of the meeting. This response shall include the Superintendent's decision and reasons supporting that decision.
e. If the grievance is not resolved at Step d., it may be referred to the Board at its next official meeting or at a time acceptable to all parties.
f. The Board shall have ten (10) business days to present a written response to the grievant and the MFEA President. This response shall include the Board's decision and reasons supporting that decision.
g. If the grievance is not resolved at the Board Step or the Superintendent Step, the Association may submit grievance to final and binding arbitration. Both parties shall share the arbitrators expense equally. If a demand for arbitration is not filed with the Employer within thirty (30) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaiddate of the Superintendent's written response or the Board's written response, then the grievance shall be deemed withdrawn. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the matter will be deemed waived provisions of this Agreement. The arbitrator shall consider and finally settled. In matters where suspension decide only the specific issues submitted to him/her interpretation of the meaning or dismissal without pay or benefits are an issue, application of the Finance, Personnel and Economic Development Committee shall act as specific terms of this Agreement to the GHC under S.59.26 (8)(b) Wisconsin Statutes and facts of the rules set forth in that Section shall governgrievance presented.
Step 4. Any h. Copies of all communications concerning grievance not must be delivered to the Superintendent within two (2) business days.
i. All records related to a grievance shall be filed separately from the personnel files of the employees.
j. A grievance may be settled in Step 3 above and timely noticed for appeal or withdrawn at any level without establishing precedent.
k. Each party shall bear the cost of its own representation.
l. All grievances involving two (2) or more teachers may be filed by MFEA as a class grievance.
m. Failure to Step 4 in writing served on render a decision within the opposite party time limits shall entitle the MFEA to include proceed to the Sheriff next step.
n. No reprisals shall be taken by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner Board or member administration against any employee because of the staff to serve as the arbitrator. The Arbitrator shall make employee’s participating in a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writinggrievance.
Appears in 1 contract
Samples: Professional Negotiations Agreement
Grievance. Any matter difference arising directly between the Region and the Union involving the interpretation, application or alleged violation of this Agreement, may be submitted in writing as a grievance by either party, to either the Director, Employee Relations, or the Grievance Chairperson, and dealt with as a grievance as outlined in Article Any grievance by the Region or the Union as provided in this paragraph, shall be commenced within thirty-five (35) calendar days of the date of occurrence. No grievance shall be presented in writing, which an employee or a group of employees could normally process as an individual employee grievance, or a grievance of a group of employees. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application, or enforcement of the terms alleged violation of this Agreement, or a claim by an employeeincluding any question as to whether the matter is arbitrable, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily such grievance may be submitted to arbitration as set forth in the arbitration provisions of this Collective Agreement. If no written request for arbitration is received by the Employer by any action taken in the exercise of its rights or powersDirector, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisorEmployee Relations, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved designate within fifteen (15) calendar working days either party may submit after the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaiddecision is given, or the matter will it shall be deemed waived to have been settled and finally settlednot eligible for arbitration. In matters where suspension or dismissal without pay or benefits are an issueThe parties, upon mutual consent, can request the Finance, Personnel and Economic Development Committee shall act as services of a grievance mediator the GHC under S.59.26 (8)(b) Wisconsin Statutes Assistant and the rules set forth National Representative, in that Section shall govern.
Step 4. Any attempting to resolve the grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject prior to arbitration. The parties It is agreed that grievances and replies to grievances shall request be in writing. A grievance that has been settled by the Wisconsin Employment Relations Commission Union during the grievance procedure cannot be subsequently processed by the Union to appoint a Commissioner or member arbitration. All agreements reached under the grievance procedure between the representatives of the staff to serve as Region and the arbitrator. The Arbitrator shall make a decision on of the grievance which shall Union will be final and binding on upon the Region and Union and the grieving No adjustment affected under the grievance procedure or arbitration procedure shall be made retroactive prior to the date of the occurrence which resulted in the grievance being filed. This Clause shall not prevent the adjustment of pay caused by clerical errors in computation. Working day as used in this Article and the discharge article of Collective Agreement shall mean a day other than Saturday, Sunday or a specified paid holiday. The time limits fixed in both parties. TIME LIMITS: Time limits set forth above the grievance and the arbitration procedures, may be extended only by mutual agreement consent in writingwriting of the parties to this Agreement.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving The City agrees to meet and treat with the interpretation, application, or enforcement duly accredited officers and committees of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken Union in the exercise of its rights or powersfollowing manner on differences that may arise between the City and the Union:
(a) Any dispute arising between the employee and/or employees and the City shall be handled in the following manner: The employee and/or employees who believe they have been treated unjustly shall present their grievance verbally to the Mayor. A Union xxxxxxx may be present at this discussion. In the event that a satisfactory settlement is not reached at this step, may become the grievance shall then be reduced to writing on a grievance. Grievances must be presented in Step 1 form agreed to between the Union and the City and filed within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known previous step unless unusual circumstances are involved. The written grievance shall be in triplicate.
(b) The three copies of the events causing the written statement of grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall will be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised Mayor, who upon receipt of the County HR Directorwritten statement of grievance will meet with the aggrieved employee and/or employees and the Union Xxxxxxx and make an xxxxxxx attempt to reach a satisfactory settlement. In the event no satisfactory settlement is reached, the Director Mayor will respond in writing in the space provided for on the grievance form.
(c) In the event that the grievance has not been satisfactorily settled in (b) of Administration and an “at-large” member selected by this procedure, the HR Director from a rotating list three copies of five (5) department heads. The participating “at large” member shall not be affiliated the written grievance, with the grievantMayor’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealingwritten answer, shall be subject dispersed in the following manner: − One copy shall be forwarded to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or each member of the staff Board of Aldermen. − One copy shall be forwarded to serve as the arbitratorBusiness Representative of the Union by Xxxxxxx, and − The employee and / or employees shall retain one copy. The Arbitrator Upon receipt of written statement of grievance, the Board of Aldermen and the Business Representative of the Union shall make arrange a decision on meeting date to review the grievance which and make an xxxxxxx attempt to reach a satisfactory settlement. Either party may have a committee present at this meeting. In the event that a satisfactory settlement is not reached at this meeting, the unresolved dispute shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement referred to arbitration as described in writingArticle III, Section 3.03.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or enforcement alleged violation of the terms Agreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her or his union representative. In the case of suspension or discharge, the Hospital shall notify the nurse of this Agreementright in advance. The Hospital also agrees, or as a claim by an employeegood labour relations practice, employees or Association in most circumstances it will also notify the local Union. The Hospital agrees that an employee has been discriminated against or treated unfairly or arbitrarily by where a nurse is required to attend a meeting with the Employer by any action taken in Hospital that may lead to disciplinary action, as a good labour relations practice, it will inform the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence nurse of the event causing the grievance; or (2) within ten (10) working days purpose of the time that an employee reasonably should have known meeting. It is the intent of the events causing the grievance or else the same parties that complaints of nurses shall be barred adjusted as quickly as possible, and it is understood that a grievance.
Step 1nurse has no grievance until she or he has first given her or his immediate supervisor the opportunity of adjusting the complaint. Such complaint shall be discussed with her or his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse. This discussion may include consultation, advice and assistance from others. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance there is not settled at the first step no settlement within ten nine (109) calendar days, it shall then be reduced taken up as a grievance within nine (9) calendar days in the following manner and sequence: The nurse may submit a written grievance, through the Union, signed by the nurse, to the Chief Nursing Officer or designate. The grievance shall be on a form referred to in Article and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The Chief Nursing Officer or designate will deliver her or his decision in writing and within nine (9) calendar days following the day on which the grievance was presented to her or him. Failing settlement, then: Within nine (9) calendar days following the Sheriffdecision under Step No. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance may be submitted in writing to the Hospital Administrator or designate. A meeting will then be held between the Hospital Administrator or designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step unless extended by agreement of the parties. It is not settled understood and agreed that a of the Ontario Nurses’ Association and the may be present at the second step meeting. It is further understood that the Hospital Administrator or designate may have such counsel and assistance as she or he may desire at such meeting. The decision of the Hospital shall be delivered in writing to the Labour Relations Officer and the local Union representative within nine (9) calendar days following the date of such meeting. A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration circumstances giving rise to the complaint or grievance. A grievance by the Hospital shall be filed with the Bargaining Unit President or designate. Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately they may present a group grievance in writing signed by each nurse who is grieving to the Chief Nursing Officer or designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the fifteen (15 days aforesaid, or the matter will The grievance shall then be deemed waived and finally settledtreated as being initiated at Step No. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section applicable provisions of this Article shall govern.
Step 4then apply with respect to the processing of such grievance. Any grievance The release of a probationary nurse for reasons based on performance and ability to do the job, including skills, suitability and availability shall not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.procedure unless the probationary nurse is released for:
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving Where two or more employees have grievances of a similar nature and each employee would be entitled to grieve them separately, all such employees shall sign the interpretation, application, or enforcement of grievance form and submit the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in grievance at Step 1 Number Two within ten (10) working calendar days of (1) the occurrence of the event causing giving rise to the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same grievances. The grievances shall be barred processed as a grievance.
Step 1. one If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, Hospital or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the Union requests that a grievance is not settled at the first step within ten (10) daysbe submitted to arbitration, as hereinbefore provided, it shall be reduced to make such request in writing and presented addressed to the Sheriffother party to this agreement, and at the same time, name a nominee. Within seven (7) calendar days thereafter, the other party shall name a nominee provided, however, that if such party fails to name a nominee as herein required, the Office of Arbitration of the Ministry of tabour of the Province of Ontario shall have power to affect such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement a Chairman of the Arbitration Board. If not resolved they are unable to agree upon such a Chairman within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within period of fourteen (14) days after calendar days, they shall then request the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice Office of such appeal shall be given to the Sheriff. The GHC shall be comprised Arbitration of the County HR Director, the Director Ministry of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration Labour of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission Province of Ontario to appoint a Commissioner Chairman. The Board of Arbitration shall not have any power to amend, alter, modify, or member add to any of the staff provisions of this agreement or to serve as substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the arbitratorterms and provisions of this agreement. The Arbitrator shall make a proceedings of the Arbitration will be expedited by the parties hereto, and the decision on of the grievance which shall majority, and where there no majority, the decision of the Chairman will be final and binding on both partiesupon the parties hereto and the employee or employees concerned. TIME LIMITS: Time limits set Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, any, of the Chairman of Fundamentally, rules respecting seniority are designed to give employees who have completed their probationary period an equitable measure of security based upon the actual number of hours worked as a part-time Registered Nursing Assistant, according to the Employer's records, and which shall be credited from the last date of hire. The Employer agrees to post a list of bargaining unit employees in February and August setting forth above may be extended by mutual agreement the number of hours worked in writing.the bargaining unit. Upon posting of such list, bargaining unit employees shall have thirty
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving Section 1. It is agreed to and understood by both parties that there shall be a procedure for the interpretation, application, resolution of grievances between the parties arising from the application or enforcement of the terms interpretation of this Agreement. Grievances are limited to claims arising during the effective dates of this Agreement which are dependent for resolution exclusively upon interpretation or application of one or more express provisions of this Agreement. No dispute, claim or a claim by an employee, employees complaint or Association that an employee has been discriminated against or treated unfairly or arbitrarily other matter not meeting this definition shall be processed by the Employer by any action taken in the exercise of its rights or powers, may become City.
Section 2. Prior to filing a grievance. Grievances must be presented in Step 1 , the bargaining unit employee may notify his/her supervisor of his/her intent to file a grievance within ten (10) working days calendar days. This does not modify the other time limits contained in this article.
Section 3. The City agrees that the Union representative may adjust grievances while on duty. The Union agrees not to abuse this privilege. The Union will provide the City with the name of (1) the occurrence of the event causing the grievance; its representative and his or (2) her alternate assigned to adjust grievances.
Section 4. All grievances must be processed within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be provided unless extended by mutual agreement in writing. If the time limits are not extended and the bargaining unit employee or Union does not initiate the grievance or appeal a decision of management within the time limits specified, the grievance shall be dismissed. If the City does not render a decision within the time limits specified, the grievance will advance automatically to the next step. Both parties may agree to by-pass or extend any step of the grievance procedure by mutual consent.
Section 5. Grievances shall be processed in accordance with the following procedures: Where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 2 of the grievance procedure within the limits provided for the submission of grievances in Step 1, and shall be signed by the aggrieved employees and/or the Union representative on their behalf if they so desire.
STEP 1: Within ten (10) calendar days of the date the employee or the Union knew or should have known of the incident or occurrence giving rise to the grievance, the employee must submit the grievance, in writing, to the Deputy Fire Chief. The written grievance shall identify the specific provisions of this Agreement allegedly violated, provide factually specific data in support of the grievance, including management actions that allegedly violated the Agreement, and state the relief requested. The Deputy Fire Chief shall respond to the grievance in writing within ten (10) calendar days of the receipt of the grievance.
STEP 2: If the grievance has not been satisfactorily resolved in Step 1, the bargaining unit employee, or the Union representative if the employee so wished his/her assistance, may present such grievance to the Fire Chief or his/her designee. The grievance must be presented to the Fire Chief or his/her designee within ten (10) calendar days from the date the Deputy Fire Chief’s response was due or received, whichever is earlier in Step 1. The Fire Chief or his/her designee shall meet with the bargaining unit employee, and the Union representative if the employee wishes, within ten (10) calendar days. The Fire Chief or his/her designee shall respond in writing within ten (10) calendar days from the date from the receipt of the grievance.
STEP 3: If the grievance has not been satisfactorily resolved in Step 2, the bargaining unit employee, or the Union representative if the employee so wishes his/her assistance, may present such grievance to the City Manager within ten (10) calendar days. The City Manager or his designee shall meet with the bargaining unit employee and the Union representative if the employee wishes, within ten (10) calendar days of the date the Fire Chief’s response was due or received, whichever is earlier, in Step 2. The City Manager or his designee shall respond in writing within ten (10) calendar days from the date of the appeal to the City Manager.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. 9.01 Any matter involving complaint arising between Union and/ or the employees and the Company from the interpretation, application, administration or enforcement the alleged violation of this Collective Agreement may be considered as a grievance and shall be dealt with as speedily and effectively as possible, in accordance with the following procedure;
Step #1 The aggrieved employee shall present his/her grievance in writing and presented by the Union Representative to the aggrieved employee’s supervisor on a form supplied by the Union within five (5) full working days. The Supervisor shall respond in writing to the Committee person within five (5) full working days after receiving the written grievance.
Step #2 If the grievance has not been settled satisfactorily in Step 1, then the Union may appeal by submitting the grievance to the Human Resources Manager within five (5) working days of receiving the Supervisor’s Step 1 answer. The Human Resources Manager shall deliver his/her decision, in writing, to the Chairperson within five (5) working days. Step #3 If the decision of the terms Human Resources Manager is not satisfactory to the Union, the Union may appeal by submitting the grievance to the Company within five (5) working days of receiving the HR Manager’s Step 2 answer. Upon appeal, a meeting shall be scheduled between the VP of Operations, the Human Resources Manager, the Union Plant Committee and the CAW National Representative or Local Representative, for the Union not later than thirty (30) calendar days following the written reply of the HR Manager. The Company shall give its written decision on the grievance within five (5) working days following the conference. If the decision is unsatisfactory to the Union, the grievance may be submitted to arbitration. Grievances involving suspensions, discharges and policy grievance shall commence at Step 3 of the grievance procedure.
9.02 The Company shall have the option of refusing to deal with a grievance which has not been submitted in writing within five (5) working days after the cause of the grievance became known or should have become known to the employee or the Union.
9.03 A policy grievance may be filed by the Company or by the Union. A policy grievance is defined as a question, by one of the parties to this Agreement, involving the application, interpretation, administration or alleged violation of any provisions of this Agreement, but excluding subject matter which can be presented as an individual or a claim by an employeegroup grievance, employees and all discipline and discharge grievances and which would not otherwise be solved at Step 1, or Association that an employee has been discriminated against 2 of the grievance procedure because of the nature or treated unfairly or arbitrarily by scope of the Employer by any action taken in subject matter of the exercise of its rights or powers, may become a grievance. Grievances must A policy grievance shall be presented in lodged at Step 1 within 3 of the grievance procedure not later than ten (10) working days of (1) following the occurrence date on which the alleged circumstances giving rise to the policy grievance became known, or ought to have become known to the party filing the grievance. If filed by the Company, the policy grievance shall be delivered in writing to the Chairperson. If filed by the Union, the policy grievance shall be signed by one of the event causing Committee persons and shall be delivered in writing to the grievance; Company. A meeting will be held between the Union Committee and CAW National or Local Representative and senior management of the Company within thirty (2) within ten (1030) working days after delivery of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a policy grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at such meeting or by response within 5 working days of said meeting, (or within a mutually agreed upon period of time between the first step within ten (10) daysparties at the meeting), it may thereafter be submitted to arbitration in accordance with the arbitration procedures within this collective agreement.
9.04 A group of employees may file a group grievance, which is a grievance, that is individual in nature, affecting more than one employee. All group grievances shall be reduced to writing and presented to signed by the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writingPlant Chairperson or designate.
Step 3. If 9.05 Working days for the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to purpose of the Grievance Hearing Committee (GHC) Procedure and notice of such appeal Arbitration shall be given to the Sheriff. The GHC shall be comprised of the County HR Directorexclude Saturdays, the Director of Administration Sundays and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governPaid Holidays.
Step 4. Any grievance not settled 9.06 It is agreed that any time limits referred to in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above this Article may be extended by mutual agreement between the parties, and shall not be unreasonably withheld. Such agreement shall be in writing. The time limits set out in this Article shall be exclusive of Saturdays, Sundays, and paid Holidays.
9.07 If the company fails to respond in the time limits above, the grievance will be considered resolved in the Union’s favour.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving 8.01 For the purposes of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Employer or between the parties hereto relating to the interpretation, application, administration or enforcement alleged violation of the terms Agreement or related legislation.
8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement or related legislation which are alleged to have been violated.
8.03 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right to the presence of their xxxxxxx. In the case of suspension or discharge, the Employer shall notify the employee of this Agreementright in advance.
8.04 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, or a claim by an employee, employees or Association and it is understood that an employee has been discriminated against no grievance until they have first given their immediate supervisor or treated unfairly designate the opportunity of adjusting their complaint. The griever may have the assistance of a Union Xxxxxxx if they so desire.
Step 1 The employee shall submit the grievance in writing on the appropriate form, and signed by them, to their immediate supervisor or arbitrarily designate. The employee may be accompanied by a Union Xxxxxxx. The immediate Supervisor or designate will deliver their decision in writing within five (5) days following the day on which the written grievance was presented to them. The Union and the Employer may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then:
Step 2 Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Manager, Emergency Services. A meeting will then be held between the Manager, Emergency Services and the designated union representatives who may be accompanied by the general representative of the Union, within five (5) days of the submission of the grievance at Step 2, unless extended by mutual agreement of the parties. The decision of the Employer by any action taken shall be delivered in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 writing within ten (10) working days following the date of such meeting. Failing settlement, then:
Step 3 Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Manager, Human Resources of the Employer or the designated Employer representative. A meeting will then be held between the Manager, Human Resources or the designated Employer representative and the designated union representatives who may be accompanied by the general representative of the Union, within five (5) days of (1) the occurrence submission of the event causing grievance at Step 3, unless extended by mutual agreement of the grievance; or (2) parties. The decision of the Employer shall be delivered in writing within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration date of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governsuch meeting.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving Both the interpretation, applicationCompany and the Union agree avoiding unnecessary grievances and the handling of oral grievances is dependent on the understanding and the combined cooperation of management and union Should grievances arise between the and the Union, or enforcement employees, as to the meaning and application of the terms provisions of this Agreementagreement, or a claim as to the compliance of either party with any of its obligations this agreement, or should there be any complaint or grievance by any employee of the bargaining unit or the union or the company, there shall be no written grievance until an employee, employees or Association that an employee xxxxxxx effort has been discriminated against made to discuss and resolve the grievance between effected parties. FIRST, between the employee affected and the supervisor, or treated unfairly between the Union Committeeman representing the department the effected employee and the Such a meeting will take place within two working days excluding Saturday, Sunday and Holidays from the time the Union representative requests the meeting, Any resolution attained at this meeting will be without prejudice or arbitrarily precedent to either party, If the dispute is still unresolved, a formal grievance will be written and submitted to the second step of the procedure. Prior to any written grievance being accepted into the second step of the procedure, the above meeting must have taken place, and all relevant facts documented. SECOND, between the Union Committeeman of the department or other Union representatives and a management committee of up to three including the Labour Relations Manager. The Department Head involved and the Supervisor and the employee concerned may be included. A decision will be given by the Employer by Labour Relations Manager in writing within working days excluding Saturday, Sunday and Holidays, if possible, from the date of presentation of the grievance at this step. If it is not possible to give a decision within working days excluding Saturday, Sunday and Holidays, the Union will be so notified in writing. Policy grievances can be submitted at this step of the grievance procedure if both the Company and Union agree to do so. It is understood that Union policy grievances are limited to such areas as the claim of incorrect interpretation or administration of the Agreement or other action which may affect the collective interests of the bargaining unit. THIRD, between the designated Union Grievance Committee and International Union representatives and representatives from the Company’s General Offices along with selected plant personnel. A meeting for the purpose of discussing grievances processed to this step will be arranged within fifteen days of submission of such grievances and management’s decision will be given in writing within ten working days excluding Saturday, Sunday and Holidays of the meeting. Subject to all established plant rules, a representative of the National Union shall at the request of the Union Grievance Committee, be permitted to enter the office for the purpose of obtaining necessary information pertaining to any action taken in grievance which has reached the exercise third step of its rights the grievance procedure and to attend the third step meeting provided necessary arrangements are made with the Human Resources Manager. FOURTH, when a grievance which alleges a violation or powersmisinterpretation of this Agreement has not been settled at step three, or when there is a question of the of an issue, either party may become a move the grievance or the question to arbitration. A claim that either the company or the union has violated some provision of this contract or failed to perform some obligation assumed under this contract, is an grievance. Grievances ” within the meaning of this contract, Notice of appeal to arbitration must be presented in Step 1 given by the moving party to the other within thirty calendar days from receipt of the written answer at step three. The notice shall contain the names of suggested arbitrators. Failing agreement by the parties on an acceptable arbitrator, within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working calendar days of the time that an employee reasonably should have known receipt of the events causing notice, the parties shall request the Ontario Arbitration Commission to appoint an arbitrator. The arbitrator shall not have any jurisdiction to change any of the provisions of this Agreement or to add any new provisions to it or to give any decisions inconsistent with it. He shall, however, in respect to a grievance involving a suspension or discharge, be entitled to or set aside such penalty, if in the opinion of the arbitrator, it is just and equitable to do so. The parties to the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied bound by the Association Xxxxxxx.
Step 2decision of the arbitrator The Union and the Company shall each be responsible for one-half of the expenses of the fee payable to the arbitrator, Union representatives who are needed by the Union in the presentation of their cases and employees who are to appear as witnesses for the Union will be excused from work without pay to attend a hearing upon written request by the Union. If As soon as possible upon written identification from the grievance is not settled National Representative to the Human Resources Manager, of unresolved grievances which the Union feels are appropriate for submission to the Expedited Arbitration process, the Company will arrange for a meeting to be held at the first step within ten (10) daysHuman Resources Department. The purpose of this meeting shall be to develop a full and complete discussion of the cases in issue and to reach agreement on the grievances to be scheduled for Expedited Arbitration. Should the Company not agree to schedule a particular grievance for Expedited Arbitration, it shall be processed as though appealed on that date in accordance with the regular procedure, unless withdrawn by the Union, However, a grievance protesting the discharge or suspension of an employee will be scheduled for Expedited Arbitration if it is so desired by either the Company or the Union, The Union agrees that any grievance, complaint, or dispute will be reduced to writing and presented to writing, stating the Sheriff. If not resolved within five (5provision(s) working daysof the Agreement relied upon in support of the Union’s position, the Sheriff shall furnish the employee a reply for presentation in writing.
Step 3. If all steps of the grievance is procedure. However, this provision will not settled at prevent the second step and within fourteen (14) days after Union from referring to any other pertinent sections of the employee receives a reply Agreement in writing from the Sheriffsupport of its claim. The Company agrees that its decision on any such grievance, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall complaint, or dispute will be given to the SheriffUnion in writing. Failure of the Company to answer a written grievance within a reasonable time in the various steps of the grievance procedure shall entitle the Union to carry the grievance to the next step. The GHC Company shall be comprised under no obligation to consider or process any grievance unless the same has been presented to the Company in writing within days from the time the on which the grievance is based were known to those presenting the grievance. All grievances regarding job postings or department change requests must be filed within five working days from the time that the job applicant is posted, except in cases where a job bidder is absent with the grievance must be filed within five days of his return to work or days from the time that the successful job applicant is posted, whichever is sooner. Also, the Company shall be under no obligation to give further consideration or process any grievance which has been answered by the Management at any step of the County HR Director, grievance procedure unless the Director Union has within thirty days of Administration and an “at-large” member selected the date of such written answer by the HR Director from Management given written notification to the Company of a rotating list desire to take the grievance up to the next step of five (5) department headsthe grievance procedure, or that the Union desires additional time to make such decision. The participating “at large” member Such additional time, if requested, shall not be affiliated with such as will extend the grievanttotal time to make such decision beyond days from the date of Management’s department of employment. The GHC shall meet at a time when written answer unless otherwise agreed to by the grievant is not scheduled to work or when scheduling arrangements can be madeManagement, allowing Weekly meetings, if necessary, on days mutually agreed upon by the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes Union and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealingManagement, shall be subject held between the Union Grievance Committee and the Management of the Plant for the settlement of differences appealed to arbitrationthat step. The parties shall request Union will submit its agenda covering the Wisconsin Employment Relations Commission items to appoint a Commissioner or member be discussed at least twenty-four hours before the time of the staff meeting. However, matters pertaining to serve discharge or other matters that cannot reasonably be delayed until the time of the next regular meeting may be presented at any time in accordance with the foregoing provisions. Whenever a grievance involving basic pay is settled in of the employee, such reimbursement of pay shall be retroactive to the date of circumstance which justified the reimbursement or sixty days prior to the date of the presentation of the grievance to the Company in writing, whichever is the shorter period. Union committeemen shall be afforded such time off without loss of pay as may be required for the arbitratorperformance of their duties as such representatives, namely:
(a) To attend regularly scheduled meetings with Management and to attend meetings with Management pertaining to discharges and other matters which cannot reasonably be delayed until the time of the next regular meeting. Before leaving his or her place of employment, each representative shall give notice to his or her supervisor or other person designated for that purpose by the Plant Manager. To make necessary legitimate investigations of employee grievances provided the Union representative gives notice to his or her supervisor of the approximate amount of time to be spent. Xxxxxxx effort will be made to provide a substitute if the committeeman’s absence will interfere with the normal operation of the department. The Arbitrator shall make Company will not be required to pay Union representatives for time allegedly spent in investigating employee grievances in any case in which the privilege is abused by a Union representative who uses the time permitted for any reason other than making necessary legitimate investigations of employee grievances. Any case involving a continuing refusal of management to return an employee to work after disability, by reason of the medical findings of a physician or physicians acting for the Company, will be reviewed as soon as possible between the Company and the National Union, if such findings are in conflict with the findings of the employee’s personal physician with respect to whether the employee is able to do a job to which he is entitled in line with his seniority. Failing to resolve the question, the parties will refer the employee to a clinic or physician mutually agreed upon whose decision on with respect to whether the grievance employee is or is not able to do a job to which he is entitled in line with his seniority shall be final and binding on both partiesupon the Union, the employee involved and the Company. TIME LIMITS: Time limits set forth above may The expense of such examination shall be extended paid one-half by mutual agreement the Company and one-half by the Union. Any retroactive pay due to the employee shall be limited to a period commencing with the date of filing of the grievance, or the date the employee became able to do a job to which he is entitled in writingline with his seniority whichever is the later.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving the interpretation, application, or enforcement of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily Grievance Filed by the Employer Union or by any action taken the Board. The Union or the Board may lodge a grievance in writing against the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 other within ten fourteen (10) working 14)calendar days of (1) the occurrence after detection of the event causing which gave rise to the grievance; . The Board or (2) within ten (10) working days a representative committee of the time that an employee reasonably should have known Board shall meet with the Executive of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and Union within fourteen (14) calendar days from the date the grievance was received by the opposite party. The decision of the Board or the Union shall be forwarded in writing together with the reasons therefore to the party lodging the grievance within seven (7)calendar days after the employee receives a reply meeting. If the rejects the decision, the shall notify the opposite party in writing from accordingly within seven (7)calendar days after receiving the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriffdecision. Note: The GHC shall be comprised of the County HR Director, Union will notify the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department headsEducation. The participating “at large” member shall not Board will notify the President of the Union. Group grievances may only be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved filed within fifteen fourteen (1514) calendar days of either party may submit becoming aware of the matter circumstances giving rise to Step 4 the complaint, or within five fourteen (514) calendar days following after the expiration of event when the fifteen (15 days aforesaid, or event could reasonably have been detected. It is understood that the matter will be deemed waived and finally settledparties may mutually agree in writing to submit the grievance to a mutually agreed upon single arbitrator in Step Three rather than an arbitration board. In matters where suspension or dismissal without pay or benefits the event the parties are an issueunable to agree upon a single arbitrator having previously mutually agreed to proceed to a single arbitrator, the Financeparties may request the Minister of Labour to make the appointment. Grievance Mediation At any stage in the grievance procedure, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and parties by mutual consent in writing, may elect to resolve the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitrationusing grievance mediation. The parties shall request agree on the Wisconsin Employment Relations Commission individual to appoint a Commissioner or member of be the staff mediator and the frame in which the resolution is to serve as the arbitratorbe reached. The Arbitrator shall make a decision on timelines outlined in the grievance which procedure shall be final and binding on both partiesfrozen at the time the parties mutually agreed in writing to use the grievance mediation procedure. TIME LIMITS: Time limits set forth above may be extended by mutual agreement Upon written notification of either party to the other party indicating that the grievance mediation is terminated, the timelines in writingthe grievance procedure shall continue from the point at which they are frozen.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving the interpretation, application, A grievance is defined as a complaint or enforcement of the terms of this Agreement, or a claim by an employee, employees employee or Association the Union that an employee there has been discriminated against a violation, misinterpretation or treated unfairly misapplication of any provisions of this agreement. The Board acknowledges the right of the Union to assist a grievant at any level of the grievance procedure if it obtains the consent of the grievant, and the Union to receive assistance as desired in any step of the grievance procedure. Failure of any employee or arbitrarily by the Employer by Union to act on a grievance within the prescribed time limits will act as a bar to any action taken in further appeal and an Administrator's failure to give a decision within the exercise of its rights or powersprescribed time limits shall permit the grievant to proceed to the next step. The time limits, however, may become be extended by mutual consent. At any stage of the grievance procedure, the grievant may be represented by a representative of his or her choice. A grievance involving the act of any Administrator above the building level shall initially be filed at Step 3 of the grievance procedure after the grievant has first consulted the Administrator involved, but no later than twenty (20) business days after the occurrence giving rise to the claim.
Step 1: A complaint shall first be discussed with the object of resolving the matter informally. If the matter is resolved and a Union representative was not present at the adjustment of the complaint, the principal shall inform the Union president of the adjustment.
Step 2: If the grievance cannot be resolved informally, the grievant shall present the grievance in writing to his/her immediate supervisor no later than twenty (20) business days after the occurrence of the claim or complaint. The supervisor will arrange for a meeting to take place within five (5) business days after receipt of the grievance. Grievances must The aggrieved party, the immediately involved supervisor, and any person whose assistance they request, shall be presented present for the meeting. The supervisor will then, within five (5) business days after the meeting, provide the aggrieved party and the superintendent with a written memorandum setting forth the disposition of the grievance. Such memorandum shall contain reasons upon which the disposition of the matter was based.
Step 3: If the grievant is not satisfied with the disposition of the grievance at Step 2, or if Step 2 time limits expire without the issuance of the supervisor's memorandum, the grievant shall present the grievance in Step 1 writing to the superintendent within ten (10) working business days. The superintendent shall arrange for a meeting to take place within five (5) business days of (1) the occurrence after receipt of the event causing grievance. The superintendent shall conduct the meeting with the same parties being present as were present in Step 2. Upon the conclusion of the hearing of the grievance; , the superintendent shall have ten (10) business days in which to provide his/her written decision to the grievant.
Step 4: If the grievant is not satisfied with the disposition of the grievance at Step 3, or (2) if Step 3 time limits expire without the issuance of the superintendent's decision, the grievant may refer the grievance within ten (10) working business days to the Board of Education. Upon receipt of the time that an employee reasonably should have known request, the Board of Education shall schedule, within thirty (30) business days, a closed session hearing on the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she and shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply promptly thereafter render its decision in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. : If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaidsatisfactorily at step 4, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, there shall be subject to available an additional step of impartial, binding arbitration. The parties shall grievant may submit, in writing, a request to the Wisconsin Employment Relations Commission to appoint a Commissioner or member superintendent within ten (10) business days from receipt of the staff to serve as the arbitratorStep 4 answer. The Arbitrator arbitrator shall be selected from the American Arbitration Association in accordance with its voluntary labor tribunal rules. Each party shall be entitled to representation and witnesses. The arbitrator shall have no power to amend, modify, ignore, add to or subtract from the terms of this agreement, nor to make any award void or prohibited by law, statutory or decisional. The cost of the arbitrator shall be borne equally between the grievant and the school district. Should either party request a transcript of the proceedings, that party will bear the cost of the transcript. The arbitrator's decision on the grievance which shall be final and binding on both upon the parties. TIME LIMITS: Time His/her decision must be based solely and only upon his or her interpretation of the meaning or application of the express relevant language of the Agreement. A business day is defined as a day on which the School Administration Office is open for business, unless the Superintendent of Schools is absent for whole days for sickness, personal, professional or vacation purposes, when such time limits set forth above may shall xxxxx. Should the investigation of any grievance require, in the judgment of the superintendent, that an employee be extended by mutual agreement released from his/her regular assignment, he/she will be released without loss of pay or benefits. The Board agrees not to take any reprisal against any person for his participation in writingthe grievance process. The Union agrees to take no reprisals against any person because of his or her participation or refusal to participate in the grievance process. Furthermore, should any member of the bargaining unit commence an action against the Board and/or any of its members individually or collectively, before any State or Federal Administrative Agency, Court or tribunal, charging the Board or any of its members as aforesaid with any alleged violation of any of the rights granted to or enumerated herein, said proceeding shall act as a bar to the commencement of further proceeding of any grievance filed herein which alleges as its subject matter any violation of any rights specifically numerated herein. The final determination of a grievance at any step shall be included in the interested employee's official Board file.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving Where a difference arises between the parties relating to the interpretation, application, or enforcement . application of administration of the terms of including any question as to whether a matter is or where an allegation is made that this AgreementAgreement has been violated either by the Employer, the Employer’s Representative and/or Construction Association, the Union or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) daysEmployee, it shall be reduced settled in accordance with this Article. Any grievance not filed within seven working days of first knowledge of such event will be deemed not to writing and have occurred. The griever shall first present his grievance verbally to the Xxxxxxx under whose direction he is, or, in the case of a dismissal under whom he was working. The Employee may be accompanied by his Union Xxxxxxx. The Xxxxxxx shall give his answer not later than noon following the working day on which the grievance is presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3him. If the grievance decision of the Xxxxxxx is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriffunacceptable, the grievance shall be submitted in writing, not later than two working days following the day of the Xxxxxxx’x answer, to the Superintendent of the Employer concerned, or the Employer’s Representative who shall render his decision not later than of the working day following the day on which the grievance is presented to the Grievance Hearing Committee (GHC) and notice of such appeal him. The Union shall be given entitled to submit a grievance in writing directly to the Sheriff. Superintendent of the Employer concerned or Employer’s Representative who shall render his decision not later than two working days following presentation of the grievance to him (this is subject to The GHC Employer or his representative shall be comprised entitled to submit a grievance in writing directly to the Union Representative or to any other Union Official who shall render his decision not later than two working days following presentation of the County HR Directorgrievance to him (this is subject to Where a policy grievance arises, the Director of Administration subsections and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes required and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject parties can proceed directly to arbitration. The parties Before introducing policy grievances to arbitration, all efforts shall request be made to settle the Wisconsin Employment Relations Commission to appoint a Commissioner or member grievances. After exhausting the procedures set out in the foregoing paragraphs, either of the staff parties involved shall notify the other party in writing of its desire to serve as submit the arbitrator. The Arbitrator differences or allegations to arbitration, and the notice shall make a decision on contain the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingname of the party’s appointee to the Arbitration Board.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving If a satisfactory settlement is not reached at Xxxxx 0, the interpretation, application, or enforcement of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily written grievance may be advanced by the Employer by any action taken Union in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled next higher designated manager at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved Level 2 within fifteen (15) calendar days either party may submit after a decision has been issued or was due. The Union and the matter to Step 4 Employer shall discuss the issue within five ten (510) calendar days following the expiration of receipt of the fifteen (15 days aforesaidwritten grievance, or as soon as possible as agreed by the matter parties. Meetings regarding the grievance shall be held in a mutually agreeable location. Meetings shall be held during the scheduled hours of the grievant if reasonable. An employee who is required to attend meetings outside of scheduled working hours shall be paid for the time spent at his/her normal rate of pay. The Level 2 Designee will issue a written decision or response within ten (10) calendar days of this discussion. Failure to do so will be deemed waived a denial of the grievance and finally settledwill allow the Union to decide to advance the grievance to Xxxxx 0 (Xxxxxxxxx) xx Xxxxx 0 (Xxxxxxxxxxx). Discipline which constitutes a final written warning or reprimand or higher level of discipline may be advanced by the Union to Level 3. In matters where suspension the event the grievance is not resolved through the process at Level 1 or dismissal without pay or benefits are an issueLevel 2, the Finance, Personnel Union and Economic Development Committee the Employer may agree to mediate the grievance. Such notification must be sent to the Employer within fifteen (15) calendar days after the Level 2 Designee’s decision has been issued or was due. Mediation shall act be conducted by the Federal Mediation and Conciliation Service (FMCS) or such mediator as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4Parties may mutually agree, on a non-binding basis. Any grievance not settled settlement reached in Step 3 above and timely noticed for appeal to Step 4 in writing served on mediation, whether it represents a compromise between the opposite party to include Parties or a full granting or withdrawal of the Sheriff by the party appealinggrievance, shall be subject reduced to arbitration. The parties shall request writing, signed by the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which Parties and shall be final and binding binding. Any settlement offer made in the course of mediation shall be considered “off the record” and shall be inadmissible in any subsequent arbitration. The function of the mediator is to provide the Parties with possible win/win resolutions of the issue and to offer skilled advice as to what is likely to happen in an arbitration hearing in order to make a settlement of the grievance(s) more likely. The Parties will agree as to when the mediation conference occurs, balancing the need to expedite case resolution with the convenience of mediating multiple grievances at once when possible. The mediation shall be attended by representatives of the Employer and the Union with full authority to resolve the grievances to be mediated. Employees who attend mediation shall do so on both partiesunpaid time. TIME LIMITS: Time limits set forth above may Every effort will be extended made to conduct mediation discussions as concisely as possible. The Parties shall bear their own costs for mediation. If a private mediator is used in lieu of FMCS by mutual agreement agreement, the Parties will bear the cost of the mediator’s services equally. If mediation is unsuccessful in writingresolving the grievance, or mediation is not selected as an option for resolution, the Union may advance the grievance to Level 4.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving Section 1: A grievance shall be defined as any dispute about the meaning, interpretation, application, ,or enforcement of the terms application of this Agreement, .
Section 2: A professional staff employee who believes he/she has a grievance shall first discuss the matter with his/her principal personally or a claim accompanied by an employee, employees Association representative or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 officer within ten five (105) working school days of (1) after the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing theevent upon which the grievance or else the same is based. It shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally objective of both parties to his/her immediate supervisor, or resolve the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2matter in this informal manner. If the grievance is not settled at in this manner, the first step following formal grievance procedure shall apply.
Section 3: FIRST STEP Any grievance that is not settled as set forth in Section 2 of this Article, or those grievances submitted by the Association, shall be submitted in writing to the principal of the school in which the grievance arises. All grievances shall state the facts upon which they are based, when they occurred, and shall be signed by the professional staff employee who is filing the grievance or an officer of the Association when the Association files a grievance and shall be submitted to the principal within five (5) school days after the informal meeting described in Section 2 above or the occurrence of the event upon which the grievance is based for those matters submitted by the Association. The principal shall give a written answer to the aggrieved employee or the Association within five (5) school days after receipt of the written grievance. If the answer is mutually satisfactory, the grievant shall so indicate on the grievance form and sign it with two (2) copies of the grievance thus settled retained by the Association and one (1) by the principal.
Section 4: SECOND STEP If the grievance has not been settled in the First Step, and ifit is to be appealed to the Second Step, the grievant and/or his/her Association representative or representatives shall notify the Superintendent in writing within five (5) school days after receipt of the principal's First Step answer of the desire to appeal. If such written request is made, the Superintendent or someone by him/her designated shall meet with the grievant and/or the Association representative or representatives within five (5) school days to consider the grievance. The Superintendent shall give a written answer tothe aggrieved employee and/or his/her Association representative(s) within five (5) school days after the date of the meeting. If the answer is mutually satisfactory, the grievant shallso indicate on the grievance form and sign it with two (2) copies of the grievance thus settled retained by the Association and one (1) by the Superintendent.
Section 5: THIRD STEP If the grievance has not been settled in the second step, the Association may submit the matter to mediation under the Act or may submit such grievance, except as provided below to arbitration, provided written notice for submissionis delivered to the Superintendent within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply date of the decision underStep Two. Selection of the arbitrator shall be through the American Arbitration Association and subject to its rules. Upon selection by the parties, the arbitrator shall conduct the arbitration hearing and other related matters in writing accordance with the rules and regulations of the American Arbitration Association. All matters submitted to arbitration shall be submitted through the panel arrangement or to the American Arbitration Association in accordance with its Voluntary Rules and Regulations within the time specified above, and such rules shall govern the arbitration hearing. The arbitrator shall have no power or authority to alter, amend, add to, or subtract from the Sheriff, the grievance shall be presented terms of this Agreement nor have any authority to the Grievance Hearing Committee (GHC) and notice issue a decision onthe merits of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work prohibited or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitrationillegal bargaining subject. The parties shall request will be bound by the Wisconsin Employment Relations Commission to appoint a Commissioner or member award of the staff to serve as the arbitrator. The Arbitrator costs of any arbitration proceeding under this provision shall make be borne equally between the parties.
(a) At arbitration, the grievant may not raise any new allegation or rely on any evidence not previously disclosed in the grievance process.
(b) If the arbitrability of any grievance is disputed, the arbitrator shall have no jurisdiction to render a decision on the grievance which merits until he/she has first made a ruling on the arbitrability issue. By stipulation of the parties of the grievance, the arbitrator may concurrently hear both the jurisdictional issues and the merits of that dispute in the same proceeding. If the arbitrator determines that he/she is without jurisdiction to rule, the matter shall be final dismissed without decision on the merits.
(c) The arbitrator shall have no authority to order retroactive back-pay beyond the grievance date and binding shall deduct for such back-pay an amount equal to any compensation the grievant may have received from other sources during the applicable time period.
(d) The arbitrator's decision shall conform with the Michigan Uniform Arbitration Act, MCL 691.1681 et seq.
(e) Notwithstanding any other provision in this Agreement, the Employer shall have no obligation to arbitrate any grievance after the expiration of this Agreement. The Employer, however, shall arbitrate grievances arising during the term of this Agreement for which a timely grievance was filed before the Agreement's expiration.
Section 6: Grievances which are not appealed within the time limits specified in the above grievance procedure shall be considered to be withdrawn by the grievant and/or Association. The above grievance procedure affords the sole and exclusive remedy for complaints and grievances under this Agreement and the sole method of expression or communication of a view, grievance, complaint, or opinion on both parties. TIME LIMITSany matter related to this Agreement.
Section 7: Time The presentation and discussions of grievances under this Article shall take place outside of the regular school hours, except during the first two (2) steps of this procedure (Section 3 and 4 of this Article), which will be held during school hours so longas all persons involved could so meet without interference with their assigned duties.
Section 8: If grievances filed under this Article are not satisfactorily settled during the school year, they shall continue after the end of the school year with the weekdays Monday through Friday being as if they were school days in determining the time limits set forth above may be extended by mutual agreement in writingabove.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving the interpretationYou should, application, or enforcement of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights first instance, approach your immediate supervisor (or powers, may become his or her manager if the grievance is against the supervisor) and notify them that you are raising a grievance. Grievances You must give to your supervisor a written statement explaining your grievance and the basis of it. All relevant points should be presented clarified in Step 1 the statement. You will then be invited within ten (10) 5 working days of (1) presenting the occurrence grievance to attend a meeting to discuss it. You must take all reasonable steps to attend the meeting. Unless further investigation is required following the meeting, you will be advised in writing of the event causing outcome within 5 working days or as soon as practicable after that. You have the right to Appeal with regard to the outcome of your grievance; or (2) . Should you wish to appeal, please submit your reasons for your appeal in writing to the Manager of the person who held the original grievance within ten (10) 5 working days of being notified of the outcome. You will be invited within 5 working days of notification of your appeal to attend an appeal meeting and you must take all reasonable steps to attend that meeting. Unless further investigation is required following the meeting, you will be advised in writing of the outcome within 5 working days of the time meeting or as soon as practicable after that. The outcome of this appeal is final. Unless permitted under statute, the grievance procedure may not be used for the purpose of appealing against a disciplinary decision. Where you have a grievance ongoing after your employment has ended, it may be possible if both you and the Company agree to follow a modified procedure without the need to attend any meetings. easyJet reserve the right to further develop the grievance procedure. Employees will be consulted and given three months’ notice before any changes are made. At any stage of the grievance process, procedural changes will not apply to grievance cases that are currently being investigated. The disciplinary procedure is to encourage all employees to achieve and maintain satisfactory standards of conduct, attendance and job performance. You are advised to familiarise yourself with this Procedure. The policy aims: • To provide a mechanism for dealing with disciplinary and capability issues which may arise in a way which is fair, consistent, without discrimination and with the minimum delay • To provide an orderly means of correcting inadequate standards of conduct or performance • To ensure that managers, employees and their representatives are aware of their rights and obligations within the disciplinary and appeals process No disciplinary action will be taken against an employee reasonably should have known without an investigation of the events causing facts. This investigation will normally be undertaken by the grievance Disciplining Manager at Stages One and Two. However, in the case of a Stage Three or else Stage Four conduct investigation, this will be conducted by another person within the organisation. At Stages 3 &4 (i.e. misconduct, gross misconduct, the employee would be entitled to a Union Rep at the investigation stage if they request this. The investigation manager can be any CPM, CSBM, Regional Cabin Services Manager, or HR Manager or other Cabin Services Manager. The Investigation Manager would oversee all the investigation however they might delegate tasks if unable to conduct all investigations in a timely manner. The investigation manager will report to the Disciplining Manager who will decide if the matter should proceed to a disciplinary hearing and, if so, the Disciplining Manager will conduct the hearing. The employee will always be advised in writing of the nature of the complaints made against them and given the opportunity to state their case before a decision is made. Please be advised that in instances where the disciplinary process is being used to manage poor performance, the same shall reviewing manager will be barred as a grievance.
Step 1used for all stages of the process, in order to ensure the consistency of the review of performance. If an The employee has a grievance, he/she shall first present is expected to follow the grievance orally disciplinary process and to his/her immediate supervisor, or co-operate with the Sheriff either alone or accompanied by company with following the Association Xxxxxxx.
Step 2process. If the grievance is not settled at employee fails to attend two meetings, the first step within ten (10) days, it shall be reduced to writing and presented employee loses the right to the Sheriff. If not resolved within five disciplinary procedure (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHCincluding appeal) and notice by default refer to local law. Before any warning or disciplinary action is taken by easyJet, a disciplinary meeting will be held with you at which point you will have the opportunity to comment on the allegations against you. At any formal disciplinary hearing you may be accompanied by another employee, a Union Representative of such appeal shall be given to the SheriffVNC. Similarly easyJet may have another person present. The GHC shall be comprised Company will write to you in advance of the County HR Director, disciplinary meeting setting out the Director allegations and the meeting will not take place until you have been informed of Administration the basis of the allegations and an “at-large” member selected by the HR Director from had a rotating list of five (5) department headsreasonable opportunity to consider your response. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant You must take all reasonable steps to attend the meeting. Unless further investigation is required, you will be advised in writing of the decision taken by the Disciplining Manager within 5 working days of the meeting or as soon as practicable after that. Each employee has the right: • To be treated fairly and consistently • To view the easyJet disciplinary rules • To be advised of any complaint or allegation made against them that is the subject of investigation and to have the opportunity to prepare and state their case • To be accompanied by a Trade Union Representative or work colleague at all disciplinary hearings including any appeal hearing. To be made aware of the identity of Managers authorised to take disciplinary action, including dismissal against them • To review all relevant documentary evidence, statements, records and reports The Stages of the disciplinary procedure are described below. easyJet reserves the right to initiate the Procedure at any stage or to jump stages depending on the gravity of the offence and the circumstances of the particular case. Conduct or performance issues of a minor nature will initially be dealt with outside the formal procedure through difference measures such as training, peer mentoring, dialogue, employee counselling. However where the matter is more serious or cannot be resolved through these measures the following procedure will be followed: If the grievance is conduct or work performance does not resolved within fifteen (15) calendar days either party may submit meet acceptable standards the matter to Step 4 within five (5) calendar days following the expiration employee will normally be given a formal verbal warning. They will be advised of the fifteen (15 days aforesaid, or reason for the matter warning and that it is the first stage of the disciplinary procedure and advised of the right of appeal. The purpose of this warning is to resolve the issues before they reach a more serious level. This warning will be deemed waived recorded on your file and finally settled. In matters where suspension or dismissal without pay or benefits are an issuewill include details of the complaint, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes any improvement required and the rules set forth in timescale for such improvement and will record that Section shall governfurther action will be considered if there is further misconduct or a failure to satisfactorily improve performance.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 1 contract
Samples: Collective Labour Agreement
Grievance. It is the mutual desire of the parties that employee complaints be adjusted as quickly as possible. An employee, or the employee’s representative, who a complaint may request a meeting with their may be accompanied by a union representative. In the event the complaint concerns a posting, the complaint shall be discussed with the Supervisor the hiring decision. the complaint is not resolved, the area xxxxxxx may present a grievance, in writing, to the immediate supervisor no later than working days from the date of the incident giving rise to the grievance. A copy of the grievance will be sent to Human Resources. The written grievance, signed by the aggrieved employee and/or the union representative, must contain the nature of grievance, the remedy sought and the section or sections Agreement which are alleged to have been violated. The parties agree that the carriage of the grievance remains with the Union. A meeting will be held within fifteen (15) working days from the date of receipt of the grievance. The meeting xxxx include the appropriate management and union representatives. A decision shall be delivered, in writing, to the Chairperson of the Grievance Committee, within five (5) working days from the date on which the meeting was held. The Region may, at its discretion refuse to consider a grievance, or having considered it, refuse to agree to the arbitration of any matter,' the alleged circumstances of which occurred more than ten (10) working days prior to the filing of the grievance in writing. Any matter difference arising directly the Region and the Union involving the interpretation, application or alleged violation of this Agreement, may be submitted in writing as a grievance by either party, to either the Director, Relations, or the Grievance Chairperson, and dealt with as a grievance as outlined in Article Any grievance by the Region or the Union as provided in this paragraph, shall be commenced within thirty-five (35) calender days of the of occurrence. No grievance shall be in writing, which an employee or a group of employees could normally process as an individual employee grievance, or a grievance of a group of employees. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application, or enforcement of the terms alleged violation of this Agreement, or a claim by an employeeincluding any question as to whether the matter is arbitrable, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily such grievance may be submitted to arbitration as set forth the arbitration provisions of this Collective Agreement. If no written request for arbitration is received by the Employer by any action taken in the exercise of its rights Director, or powers, may become a grievance. Grievances must be presented in Step designate within fifteen (1 within ten (105) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance decision is not settled at the first step within ten (10) daysgiven, it shall be reduced deemed to writing have been settled and presented not eligible for arbitration. The parties, upon mutual consent, can request the services of a grievance mediator and/or the Assistant and the National Representative, in attempting to resolve the Sheriff. If not resolved within five (5) working daysgrievance prior to arbitration, the Sheriff It is agreed that grievances and replies to grievances shall furnish the employee a reply be in writing.
Step 3. If A grievance that has been by the Union during the grievance is procedure cannot settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected subsequently processed by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request agreements reached under the Wisconsin Employment Relations Commission to appoint a Commissioner or member grievance procedure between the representatives of the staff to serve as Region and the arbitrator. The Arbitrator shall make a decision on of the grievance which shall Union will be final and binding on upon the Region and Union and the grieving No affected under the grievance procedure or arbitration procedure shall be made retroactive prior to the date of the occurrence which resulted in the grievance being filed. This Clause shall not prevent the adjustment pay caused by clerical errors in computation. Working day as used in this Article and the discharge article of this Collective Agreement shall mean a day other than Saturday, Sunday or a specified paid holiday. The time limits fixed in both parties. TIME LIMITS: Time limits set forth above the grievance and the arbitration procedures, may be extended only by mutual agreement consent in writingwriting of the parties to this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving that an employee who has completed probationary period has been discharged without just cause shall be treated as a special grievance if a written statement of such grievance signed by the interpretationemployee is lodged with the Executive Director within seven (7) calendar days (8) calendar days in case of part-time and substitute employees) of such discharge. Such special grievance shall then be processed at Step of the grievance procedure.The Employer may terminate the employment of a probationaryemployeefor any reason. The parties may settle such special grievance by confirming the Employer's action or by reinstatingthe employee, applicationwith or without compensation for the time lost, or enforcement by any other arrangement which isjust and equitable in the opinion of the terms of this Agreement, or a claim by an employee, employees or Association that parties. When an employee has been discriminated against or treated unfairly or arbitrarily dismissed on the Employer's premises, shall have the right to interview Xxxxxxx for up to fifteen (15) minutes before leaving the premises, subject to the provisions A policy grievance may be filed by the Union or the Employer. A policy grievance is defined as one which involves a difference arising between the Union and the Employer by any action taken in concerning the exercise interpretation or violation of its rights a provision of this Agreement and does not involve the assertion of an individual employee’s rights. The provisions of this Article shall not be used with respectto a grievance directly affecting an individual employee which such employee could institute. A policy grievance shall be lodged at Step of the grievance procedure not later than fourteen (14) calendar days following the date on which the Employer or powers, may the Union became aware or should have become a aware of the alleged circumstances giving rise to the policy grievance. Grievances must If filed by the Employer, the policy grievance shall be presented delivered in Step 1 within ten (10) working days of (1) writing to the occurrence Chairperson of the event causing Grievance Committee. If filed by the grievance; or (2) within ten (10) working days of Union, the time that an employee reasonably should have known of the events causing the policy grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to delivered in writing and presented to the SheriffExecutive Director. If not resolved within five (5) working days, settled between the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and parties within fourteen (14) calendar days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised delivery of the County HR Directorpolicy grievance, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not it may thereafter be affiliated submitted to arbitration in accordance with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governarbitration procedures herein prescribed.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving Where two or more members have a common grievance, one employee may be selected to present the interpretation, application, or enforcement grievance on behalf of the terms group therein, and the grievance may be submitted at Step No. of the grievance procedure. It is understood and agreed that the release or discharge of a probationary employee during the probationary period shall not be the subject of a grievance or arbitration. When either party requests that any matter be submitted to arbitration as hereinbefore provided, shall make such request writing by registered mail, addressed to the other party to this Agreement and at the same time nominate an arbitrator. Within days thereafter the other party shall nominate an arbitrator; provided, however, that if such party fails to nominate an arbitrator as herein required, the Minister of Labour for the Province of Ontario shall have the power to effect such appointment upon application thereto by the parties involving arbitration procedure. The two arbitrators so nominated shall attempt to select by agreement a Chairman of the Arbitration Board, If they are unable to agree upon such a Chairman within a period of five working days, they shall then request the Minister of Labour for the Province of Ontario to appoint an impartial Chairman. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance, nor who has, within a period of six months preceding the date of his appointment, been an employee or a member of the Hospital Board. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement nor to alter, modify, and to or amend any part of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily . The proceedings of the Arbitration Board will be expedited by the Employer by any action taken in parties hereto, and the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence decision of the event causing majority and, where there is no majority, the grievance; or (2) within ten (10) working days decision of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter Chairman will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding upon the parties hereto and the employee or members concerned. Each of the parties hereto will bear the expense of the arbitrator appointed by it, and the parties will jointly bear the any, of the Chairman of the Arbitration Board. a Board or Arbitration. In such cases, the parties shall endeavour to agree on both partiesthe selection of an arbitrator. TIME LIMITS: Time limits Saturdays, Sundays and paid holidays as set forth above may out in Article will not be extended by mutual agreement counted in writing.computing the time within which any action is to be taken or completed under the provisions of Article
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any notice or advice which the Employer or members of its administrative staff are required to give to the Union in respect of any matter involving referred to in this Article shall be sufficient if delivered to the Chair or Secretary of the Local, or their alternate. Any notice or advice which the Union is required to give to the Employer in respect of any matter referred to in this Article shall be sufficient if delivered to the Administrative Head of the Hospital, or their alternate. For the purpose of Article time periods specified shall not include Saturdays, Sundays, or paid holidays. In the event that a difference arises between the Employer and the Union regarding the interpretation, application, operation, contravention or enforcement any alleged contravention of this Collective Agreement, including any question as to whether the difference can be subject to Arbitration, if not resolved through discussion between the Parties, either party may within twenty days of the terms act causing the difference or within twenty days of the time when the Union or Employer first became aware that a difference has occurred refer the difference for resolution by Arbitration pursuant to Step IV of Clause Final Settlement of Differences between Persons Bound the Collective Agreement, and the If a difference arises between the Employer and one or more of its Employee(s) regarding the interpretation, application, operation, alleged violation of this AgreementCollective Agreement or disciplinary action apart from discipline of a minor nature which does not become part of the Employee’s Human Resources File, or including any question as to whether the difference can be subject to Arbitration, the following sequence of steps shall be followed:
Step I ( Formal Discussion) Where a claim by an employeedifference allegedly has occurred, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in Employee shall discuss the exercise matter with his Departmental Supervisor who is not within the scope of its rights or powers, may become this Collective Agreement with a grievanceview to resolving it. Grievances must be presented An Employee shall have the right to have a Union Xxxxxxx present during discussions at this Step. If the difference is not resolved in Step 1 I, it becomes a grievance provided that it is reduced to writing specifying the nature of the grievance, the Article or Articles in this Collective Agreement upon which the grievance is based and the redress sought and is submitted to the Department Head or alternate within ten (10) working days from the date of (1) the occurrence of the event act causing the grievance; grievance or (2) within ten (10) working days of the time when the Employee first became aware that an employee reasonably should have known a grievance allegedly had occurred. The decision of the events causing Department Head or alternate will be issued to the grievance or else Employee, in writing, within ten days of receipt of the same shall be barred as a written grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving the interpretation, application, or enforcement of the terms of this Agreement, or a A claim by an employee, employees or Association employee who is in the bargaining unit and who has completed her probationary period that an employee she has been discriminated against or unjustly discharged shall be treated unfairly or arbitrarily as a grievance if a written statement of such grievance is lodged by the Employer by any action taken in employee with the exercise Director of its rights Personnel or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved designate within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from ceases to work for the Sheriff, Hospital. the grievance shall be presented of Personnel or her designate will meet with the Union Grievance Committee as constituted under Article 8 hereof within five days. to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Directormeeting, the Director of Administration Personnel or her designate convey her decision to the Union Grievance Committee within five days. Such special grievance may be settled by confirming the Hospital's action in dismissing the employee or by reinstating the employee with full for lost due to discharge or by any other arrangement which is just and equitable in the opinion of the con- ferring parties, and in accordance with the above pro- visions for dealing with all grievances. In the event of a failure to reach a settlement under the procedure set out above, either the Hospital or the Union may initiate arbitration proceedings by notifying the other party in writing of their intention to go to arbitration within ten days of the date of the decision of the Director of Personnel referred to in Article or Article whichever is applicable. The Hospital and the Union shall then each an “at-large” member selected arbitrator within five days. The two arbitrators so appointed shall then endeavour to agree upon a third arbitrator to act as Chairman of the Board. If this third is not chosen within the next days then the process of appointment of the Ontario Labour Management Arbitration Com- mission shall be No person shall be appointed as an arbitrator who has been involved previously in an attempt to negotiate or settle the grievance. Each party shall bear the expense of its own appointee and its witnesses and the expense of the Chairman shall be shared equally by both parties, The proceedings O f the arbitration board shall be expedited by the HR Director from a rotating list of five (5) department headsHospital and the Union. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration decision of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member majority of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which such Board shall be final and binding on upon both partiesparties as well as all employees affected but the arbitrators shall not be to make, nor shall they make, decision or recommendation inconsistent with the provisions of this Agreement, nor shall they have the power to add to, from or modify any of the terms of Agreement. TIME LIMITS: Time limits set forth above may In the event there is no majority decision, the decision of the Chairman shall then be extended the decision of the Board. It is agreed that by mutual agreement in writinga single arbitrator may act to settle the grievance to all the conditions set out above. No matter may be submitted arbitration which has been properly carried through all previous steps of the Grievance Procedure.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving The grievance may be referred to Step 2 by submitting it to the Centre Manager, Visa Centre, or designate, on the form referred to in Step This must be done within five working days following the receipt of the Step answer, and is to include an explanation as to why the employer's response at Step 1 is not satisfactory. The Centre Manager or designate will convene a meeting with the and the xxxxxxx for the area and one representative of the bargaining committee within five working days of the grievance being referred to Step The trade union representative may also attend this meeting. The Employer must deliver its decision in writing within ten working days of the date of the Step 2 meeting. In the interests of timely resolution of problems and concerns any differences arising between the employer and the trade union concerning the interpretation, application, administration or enforcement alleged violation of this collective agreement should first be verbally reviewed with the Centre Manager, Toronto Visa Centre or the local trade union Chairperson, or either party's designate, prior to originating a grievance at Step 2 by either party on the form referred to in Step above. This must be done within five ARTICLE working days after the circumstances giving rise to the grievance first occurred. The grievance is to be submitted in writing and will state the nature of the terms grievance, the date upon which the grievance was prepared, the date the events or circumstances leading to the grievance were alleged to have first occurred, the article or articles and section of this Agreementthe agreement alleged to have been violated, the remedy sought, and be signed by a representative of the A meeting shall be held between the Centre Manager or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by designate and the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 trade union representatives within ten (10) five working days of (1) the occurrence receipt of the event causing grievance. The grievance shall be answered in writing by the grievance; employer or (2) the trade union, as the case may be, within ten (10) fifteen working days following the meeting. Failing receipt of an answer satisfactory to the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, employer or the Sheriff either alone or accompanied by trade union, as the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriffcase may be, the grievance may be submitted to arbitration as in Article below. It is understood that a grievance dealt with under this paragraph shall not include any matter upon which an employee would be presented personally entitled to grieve and the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member regular grievance ARTICLE procedure for personal grievance shall not be affiliated by-passed except where the trade union establishes that the employee has not grieved an unreasonable standard that is patently in violation of this agreement and that adversely affects the rights of persons in the bargaining unit. A grievance by a group of employees regarding the interpretation, application, administration or an alleged violation of this collective agreement may be filed in accordance with the grievant’s provisions of this Article as per the procedures and time limits outlined in providing the facts of each employee's case are the same and any legal issue is also the same. Where a grievance of this nature is filed, a maximum of three from any one department or ten per cent of employment. The GHC shall meet at a time when the grievant employees in the department, whichever is not scheduled to work or when scheduling arrangements can greater, will be made, allowing the grievant permitted to attend the hearingStep 2 meeting. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaidIn any case, or the matter no more than ten will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governpermitted to attend such a meeting.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving In the that any difference arises out of the interpretation, application, operation or enforcement of the terms any alleged violation of this Agreement, including any question as to whether matter is arbitrable, such questions or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken differences shall be finally and conclusively settled without stoppage of work in the exercise of its rights or powers, may become a grievance. Grievances must be presented in following manner: Step 1 The Xxxxxxx and the shall meet with the immediate supervisor and shall endeavour to settle the difference within ten (10) working days of (1) such difference grievance arising. Step If no resolve is reached at Step the occurrence of the event causing the grievance; or (2) Union may, within ten (10) working days of the time that an employee reasonably should have known Step meeting, meet with the Department Head and shall endeavour to settle the difference. The Head shall reply in writing within working days of the events causing meeting. Step If no resolve is reached at Step the Union may, within working days of the Step meeting, submit the grievance or else in writing to the same Clerk who shall be barred as arrange a grievance.
Step 1meeting between the Management Committee and the Union to endeavour to settle the dispute. If an employee has The Management shall make a grievance, he/she shall first present written reply to the grievance orally to his/her immediate supervisorwithin working days of the meeting. Step If no resolve is reached at Step the Union may, or within working days of the Sheriff either alone or reply under Step submit the grievance in writing accompanied by the Association Xxxxxxx.
written reply from the Management Committee to the Clerk who shall arrange a meeting between the Personnel Committee and the Union within working days to endeavour to settle the dispute. The Personnel Committee shall respond in writing within working days of the meeting. Step 2If no resolve is reached at Step the dispute may be referred to Arbitration in accordance with Article of this Agreement. If The party wishing the matter arbitrated shall advise the other party of its intention to do so within working days of the reply under Step Bypassing of Steps and Steps and may be by-passed in the case of suspension, discharge or harassment where the alleged harasser is the employee’s immediate supervisor or department head, as the case may be. Time Lines The time lines inthe grievance and arbitrationprocedures may be extended only in writing, by mutual agreement. Where the Employer does not respond within the prescribed time limit, the grievance is not settled at may be advanced to the first next step on the basis of the Employer’s last reply. Composition of Board of Arbitration A Board of Arbitration shall be formed to hear the grievance. Either party shall notify the other in writing of the questions to be arbitrated and the name and address of its chosen representative on the arbitration board. After receiving such notice and statement the other party shall, within ten (10) days, appoint its representative on the arbitration board and give notice in writing of such appointment to the other party, Such representatives shall endeavour to select a third member who shall be Chairman. Failure to Appoint Should the representativesfail to select such a third member within days from the appointment of the last representative,either party may request the Minister of Labour of the British Columbia to appoint a Chairman. Board Procedure Within days following the establishment of the board of arbitration, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a report its decision on the grievance which grievance. The majority decision of the board shall be final and binding on all persons bound by this Agreement but the board shall not have the power to alter the wording of the Agreement in any way. Decisions of the Board When a settlement is reached at any stage of this procedure, such decision shall be final and binding upon both parties. TIME LIMITS: Time limits set forth above may The board’s jurisdiction is limited to matters concerning the application, or alleged violation of this Agreement and it shall not have the authority to alter, amend, delete or add to this Agreement, however,.the board shall have the power to modify penalties. Expenses of the Board The expenses and compensation of the Chairman shall be extended shared equally between the parties. The expenses and compensation of the representatives selected shall be borne by mutual agreement in writingthe respective parties.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving The Parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the interpretationadministration, application, application or enforcement interpretation of this Agreement shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance Procedure. It is understood that a reasonable amount of time may be spent by the members of the Union Grievance in order to investigate and participate in grievance matters and the Union agrees that the members of its co-operate with the Company in not conducting investigations in a manner which will unduly interfere with the Company’s operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Subject to the terms of this Agreement, Agreement which relate to the investigation following administration of discipline or a claim by an employee, employees or Association that the decision of the Company to discharge an employee has or an employee who feels that he had been discriminated against or treated unfairly or arbitrarily by unjustly dealt with, the Employer by any action taken following procedure shall be followed: STEP The grievance shall be in writing, copy of which shall be given to the exercise of its rights or powers, may become a grievanceManager and to the employee’s Xxxxxxx. Grievances The grievance must be presented to the Manager within seven working days after the occurrence of the matter complained of and the Manager shall answer the grievance presented to him, in Step 1 writing, within seen working days after he has received it. The grievance must be in a legible and signed by the employee. STEP Ifthe matter has not been settled, the Unit Chairperson or his designate of the employee involved may, within ten (10) working days of (1) after receiving the occurrence of written answer from the event causing Manager, present the grievance; grievance in writing to the General Xxxxxx or (2) nominee, who shall render his decision in writing within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1after receiving it. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. STEP If the grievance matter is not settled at Step the first step Unit Chairperson his designate may, within ten (10) daysworking days after receiving a written decision at Step present the grievance to the Director of Labour or his nominee. At the request of either party a meeting between Management and the Unit Chairperson or designate, Local President and/or National Representative will take within ten working days after the grievance has been presented at Step In the cases of Policy Grievance and or unusual circumstances, the provisions of this clause may be extended. In the event of either the Company or the Union wishing to present a policy grievance alleging the violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter complained of. If the Union files such a grievance, it shall be reduced to writing and presented done by the Unit Chairperson or designate submitting a statement of the claim to the Sheriff. If not resolved Vice President or his nominee who shall answer same in writing within five (5) working days, and the Sheriff other steps of the grievance procedure as outlined above shall furnish the employee a reply in writing.
Step 3then apply. If the Company file such a grievance, it shall be done by the Vice President or his nominee submitting a written statement of the grievance is not settled at to the second step and within fourteen (14) days after Unit Chairperson or designate of the employee receives a reply Union. He shall answer the grievance in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar working days following the expiration of the fifteen (15 days aforesaid, or and if the matter will is not settled, there shall be deemed waived a meeting between the Union Grievance Committee and finally settledManagement within seven working days after the Unit Chairperson or designate has submitted his answer. In matters where suspension or dismissal without pay or benefits are an issue, A reference of any to arbitration shall then follow the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules other terms set forth in that Section shall govern.
Step 4this Agreement. Any grievance not settled in Step 3 above and timely noticed All time limits specified herein for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above or arbitration procedure may be extended but only by mutual agreement confirmed in writing. particular, it recognized that when a person involved in a grievance or all members of the Grievance Committee are not available due to absence away from home, then the Parties will co-operate to provide a reasonable extension of a time limit a5 specified for the presentation, processing or discussion of the grievance. Other than the initiation of a grievance; when either party violates the time limits then the grievance will proceed to the next step. The Union will advise the Company in writing within seven (7) working days when a grievance is dropped. Time set for grievances, arbitrations and investigations shall not include Saturdays, Sundays and Public Holidays for both Company and Union, Management shall not in any to the grievance with the employee unless the Unit Chairperson or his designate is present.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving SECTION 1. A grievance is a complaint, dispute, or controversy in which it is claimed that either party has violated a specific provision of this Agreement and which involves the meaning, interpretation, application, or enforcement of the terms application of this Agreement.
SECTION 2. The parties agree that all grievances should be dealt with promptly and every effort should be made to resolve the grievance on an informal basis between the Employee and City representative or supervisor involved. Grievances shall be processed as follows:
STEP 1. Within seven (7) calendar days after the date on which the incident giving rise to the grievance occurred, or a claim by an employeewhen the grievance occurred, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by when the Employer by any action taken in the exercise of its rights or powers, may grievant could be expected to become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence aware of the event causing event, the grievance; grievant shall discuss the matter with his or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or who, if he has authority, shall make an oral response to settle the Sheriff either alone or accompanied by the Association Xxxxxxxgrievance.
Step STEP 2. If the grievance is not settled resolved at the first step Step 1, then, within ten (10) daysdays after the date on which the incident giving rise to the grievance occurred, it or when the grievant could be expected to become aware of the event, the Union may appeal the grievance to Step 2. The Union shall reduce the grievance to writing, sign and date the grievance and present the written grievance to the Chief of Police or the Chief's designate. The written grievance must state all relevant facts giving rise to the grievance, the dates on which the facts occurred, and the specific provisions of this Agreement alleged to have been violated. The City shall not be reduced obligated to process any grievance not containing the required information. The City shall respond in writing and within ten (10) days after the grievance is presented to the Sheriff. If not resolved within five (5) working days, Chief of Police or the Sheriff shall furnish the employee a reply in writingChief's designate.
Step STEP 3. If the grievance is not settled resolved at the second step and within fourteen (14) days after the employee receives Step 2, a reply in writing from the Sheriff, the grievance shall be presented written appeal to the Grievance Hearing Committee (GHC) and notice of such appeal shall City Manager or the City Manager's designate may be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected filed by the HR Director from a rotating list of five Union within seven (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (57) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
city's Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration2 response. The parties City shall request the Wisconsin Employment Relations Commission to appoint issue a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.written response within fifteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving If a satisfactory settlement is not reached at Xxxxx 0, the interpretation, application, or enforcement of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily written grievance may be advanced by the Employer by any action taken Union in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled next higher designated manager at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved Level 2 within fifteen (15) calendar days either party may submit after a decision has been issued or was due. The Union and the matter to Step 4 Employer shall discuss the issue within five ten (510) calendar days following the expiration of receipt of the fifteen (15 days aforesaidwritten grievance, or as soon as possible as agreed by the matter parties. Meetings regarding the grievance shall be held in a mutually agreeable location. Meetings shall be held during the scheduled hours of the grievant if reasonable. An employee who is required to attend meetings outside of scheduled working hours shall be paid for the time spent at his/her normal rate of pay. The Level 2 Designee will issue a written decision or response within ten (10) calendar days of this discussion. Failure to do so will be deemed waived a denial of the grievance and finally settledwill allow the Union to decide to advance the grievance to Xxxxx 0 (Xxxxxxxxx) xx Xxxxx 0 (Xxxxxxxxxxx). Discipline which constitutes a final written warning or reprimand or higher level of discipline may be advanced by the Union to Xxxxx 0. XXXXX 0 XXXXXXXXX (XXXXXXXX) In matters where suspension the event the grievance is not resolved through the process at Level 1 or dismissal without pay or benefits are an issueLevel 2, the Finance, Personnel Union and Economic Development Committee the Employer may agree to mediate the grievance. Such notification must be sent to the Employer within fifteen (15) calendar days after the Level 2 Designee’s decision has been issued or was due. Mediation shall act be conducted by the Federal Mediation and Conciliation Service (FMCS) or such mediator as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4Parties may mutually agree, on a non-binding basis. Any grievance not settled settlement reached in Step 3 above and timely noticed for appeal to Step 4 in writing served on mediation, whether it represents a compromise between the opposite party to include Parties or a full granting or withdrawal of the Sheriff by the party appealinggrievance, shall be subject reduced to arbitration. The parties shall request writing, signed by the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which Parties and shall be final and binding binding. Any settlement offer made in the course of mediation shall be considered “off the record” and shall be inadmissible in any subsequent arbitration. The function of the mediator is to provide the Parties with possible win/win resolutions of the issue and to offer skilled advice as to what is likely to happen in an arbitration hearing in order to make a settlement of the grievance(s) more likely. The Parties will agree as to when the mediation conference occurs, balancing the need to expedite case resolution with the convenience of mediating multiple grievances at once when possible. The mediation shall be attended by representatives of the Employer and the Union with full authority to resolve the grievances to be mediated. Employees who attend mediation shall do so on both partiesunpaid time. TIME LIMITS: Time limits set forth above may Every effort will be extended made to conduct mediation discussions as concisely as possible. The Parties shall bear their own costs for mediation. If a private mediator is used in lieu of FMCS by mutual agreement agreement, the Parties will bear the cost of the mediator’s services equally. If mediation is unsuccessful in writingresolving the grievance, or mediation is not selected as an option for resolution, the Union may advance the grievance to Level 4.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving Where a number of employees have similar grievances and each employee would be entitled to grieve separately, they may present a group grievance identifying each employee who is grieving to the interpretation, applicationdepartment Head or designate within seven (7) days after the circumstances giving rise to the grievance had occurred, or enforcement ought reasonably to have come to the attention of the terms employees. The grievance shall then be treated as being initiated at Step Number two (2) and the applicable provisions of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by Article shall then apply with respect to the Employer by any action taken in the exercise processing of its rights or powers, may become a such grievance. Grievances must be presented in Step 1 notice shall, within ten days thereafter designate its nominee to the Board of Arbitration. The two so nominated shall endeavour, within ten (10) working days of (1) after the occurrence appointment of the event causing second of them, to agree upon a third person to act as Chairman of the grievance; or (2) Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) working days after the appointment of the time that an employee reasonably should have known second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the events causing the grievance or else the same Board of Arbitration. The said two (2) nominees first appointed shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present at liberty prior to the grievance orally to his/her immediate supervisorexpiration of ten (10) days from the date of the appointment of the second of them, or prior to the Sheriff either alone or accompanied by appointment of the Association Xxxxxxx.
Step 2. If Chairman within the grievance is not settled at the first step within said period of ten (10) days, it to discuss the grievance submitted to them with a view to mutual settlement. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned. Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half of the expenses and fees of the Chairman. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be reduced arbitrable. The Board of Arbitration shall have no power to writing and presented alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the Sheriffmajority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If All agreements reached under the grievance is not settled at and Arbitration procedures between the second step Employer and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes its representatives and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above Union and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall its representatives will be final and binding on both partiesupon the Employer the Union and the employee involved. TIME LIMITS: Time limits set forth above Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. At any stage of the grievance procedure, including Arbi- tration, the parties may have the assistance of the employee (or employees) concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the nursing home to view any working conditions which may be extended by mutual agreement in writingrelevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the nursing home.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving All differences, disputes, suspensions, and discipline cases hereinafter collectively referred to as "grievances" between the interpretation, application, or enforcement of the terms parties arising out of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken Agreement will be handled in the exercise of its rights or powers, may become a grievancemanner set forth below. Grievances must be presented in Step 1 All days referred to within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievancethis provision will mean calendar days.
Step 1. If Employees covered by this Agreement who have a complaint under this Agreement will discuss the complaint with their supervisor within 15 days from the date of the occurrence in an employee has effort to resolve the complaint without resort to the formal grievance procedure. This Step 1 procedure will not extend the Step 2 time limits to file a written grievance, he/she shall first present . Final disposition at this step is non-precedent setting and may not be relied upon by the grievance orally to his/her immediate supervisor, Union or the Sheriff either alone or accompanied by the Association XxxxxxxCompany in any arbitration hearing for any purpose.
Step 2. If Failing resolution at Step 1, an employee or Union grievance may be presented in writing by the employee and/or union shop stewxxx xx ABA to the employee's supervisor which must be within 30 days from the date of the occurrence of the incident upon which the grievance is not settled based or within 30 days from the date a pay claim denial is received. Discharge grievances must be initially filed at Step 2. Within 15 days after receipt of the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working dayswritten grievance, the Sheriff shall furnish employee's supervisor must respond with a written decision on the employee a reply grievance. Final disposition at this step is non-precedent setting and may not be relied upon by the Union or the Company in writingany arbitration hearing for any purpose.
Step 3. If Failing satisfactory disposition of such grievance at Step 2, within 15 days of the receipt of the supervisor's written response, the grievance is not settled at may be appealed in writing by the second step and within fourteen (14) union president or his designee to the appropriately designated Company representative. Within 15 days after the employee receives receipt of this appeal, a reply in writing from Step 3 conference will be held at the Sheriffhome location of the employee, unless otherwise agreed between the parties. Within 15 days of the conference, the grievance shall Company representative must respond with a written decision. Final disposition at this step is non-precedent setting and may not be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected relied upon by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, Union or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth Company in that Section shall governany arbitration hearing for any purpose.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 1 contract
Samples: Memorandum of Agreement (Los Buenos Leasing Co Inc)
Grievance. Any matter involving the interpretation, application, or enforcement 6.01 The Parties to this Agreement a re agreed that it Is of the terms of this Agreement, or a claim by an employee, employees or Association utmost importance to adjust complaints and grievances as quickly as possible.
8.02 It is understood that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that no grievance until he has first given his immediate supervisor an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1opportunity to adjust his complaint. If an employee has a grievancecomplaint, he/she shall first present he shall, with the assistance of a Xxxxxxx if desired, discuss it with his Supervisor. In order to be considered a g rievance, such discussion must take place within three (3) working days from the time the aggrieved employee should reasonably have known of the Incident giving rise to the grievance orally to his/her immediate supervisor, . The Supervisor or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it his designate shall be reduced to writing and presented communicate his reply to the Sheriff. If not resolved complaint within five (5) working days or for such longer period as mutually agreed. No grievance shall be considered:
a) which usurps the function of the Management , as set out in this Agreement, or;
b) where the circumstances giving rise to it occurred or originated more than three (3) full working days, the Sheriff shall furnish of the employee a reply in writingconcerned, before the fili ng of the grievance.
Step 3. 8.03 If the grievance such a complaint is not settled at to the second step satisfaction of the Union , the complainant may file a written grievance in the following manner and within fourteen (14) days after sequence: STEP NO. 1 - The Union may present the employee receives a reply grievance in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the SheriffDepartment Manager or designate. The GHC shall be comprised of the County HR DirectorAfter a hearing, the Director of Administration and an “at-large” member selected by the HR Director from if a rotating list of satisfactory settlement is not reached within five (5) department headsdays (or longer period which may be mutually agreed upon) the next step In the grievance procedure may be taken at any time within seven (7) days thereafter. STEP NO. 2 - The participating “at large” member Union may submit the grievance to the Director of Homes, Social and Property Services or designate, who shall not be affiliated with the grievant’s department of employment. The GHC shall meet consider It at a meeting convened for that purpose, and render a decision in writing. Should no satisfactory settlement be reached within seven (7) days, the next step in the grievance may be taken at any time when within ten (1O) days thereafter. STEP NO. 3 - The Union may submit the grievant grievance to the Senior Manager of Human Resources or designate. A meeting will be convened to hear the grievance.
8.04 If a final settlement of the grievances under Article 8.03 hereof is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved completed within fifteen (15) calendar working days after deliberations have commenced and if the grievance is one which concerns the Interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter Is arbitrable, the grievance may be referred by either party may submit to a Board of Arbitration as provided in Article 9 below at any time within fifteen (15) days thereafter but not later.
8.05 Where a dispute involving a question of general application or interpretation of this Agreement occurs, or where a group of employees, the matter to Step 4 within five (5) calendar days following the expiration Union or Employer has a grievance, Steps 1 and 2 of the fifteen (15 days aforesaid, or the matter will Article may be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governbypassed.
Step 4. 8.06 Any time limits referred to In the grievance not settled in Step 3 above and timely noticed for appeal arbitration procedures within which any procedure is required to Step 4 in writing served on the opposite party be taken or notice required to include the Sheriff by the party appealing, be given shall be subject calculated exclusive of Saturdays, Sundays or Statutory Holidays and for the aggrieved employee, his or her time off provided that the notice of such grievance has not come to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner his attention during his or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final her time off, and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingof the parties.
8.07 Decisions arrived at between the Employer and the Union on the disposition of any specific employee, Union or Employer grievance, shall be final and binding upon the Employer, the Union and the employee or employees concerned.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Section 1. Any matter involving dispute arising during the interpretation, application, or enforcement term hereof shall be treated as a grievance and every reasonable endeavor shall be made to settle such dispute by agreement between the Grievance Committee of the terms Brotherhood and the Director of this Agreementthe Company or their representatives. Within ten (10) working days, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must grievance shall be presented in Step 1 within writing to the employee's immediate supervisor.
Section 2. If the employee's immediate supervisor cannot satisfactorily resolve the grievance as stated in Section 1, it shall be referred to the Department Head.
Section 3. Within ten (10) working days of (1) the occurrence of the event causing the grievance; or (such submission as stated in Section 2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same , a meeting shall be barred as a grievancearranged between the grievant, the Union Xxxxxxx, the Supervisor and the Department Head.
Step 1Section 4. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within Within ten (10) days, it if the grievance is not satisfactorily resolved by the meeting as stated in Section 3, the grievance may be submitted to the Director of the Company, or the Director's designees. Within five (5) working days of such submission, a meeting shall be reduced to arranged between the Union Grievance Committee and the Director or the Director's designees. The Company shall reply in writing and presented to the Sheriff. If not resolved grievant within five (5) working days, days after the Sheriff shall furnish the employee a reply in writingmeeting.
Step 3Section 5. If the response given pursuant to Section 4 above does not satisfactorily adjust a grievance, the grievance is not settled at may be submitted in writing to arbitration within sixty (60) working days of the second step date of the written response pursuant to Section 4 above.
Section 6. The party requesting arbitration shall do so by delivering to the other party a notice in writing setting forth its statement of the matter in dispute. If a party requests arbitration and so notifies the other in writing and thereafter either party fails or neglects to name its arbiter within fourteen ten (1410) days after the employee receives a reply in writing from the Sheriffreceipt of such request, the grievance it shall be presented construed that the party failing or neglecting to name its arbiter as aforesaid has waived its right to arbitration of the Grievance Hearing Committee (GHC) particular dispute, and notice in that event the demands of such appeal the other party shall be given conceded unless it so happens that both parties fail or neglect to name arbiters within the Sherifftime provided.
Section 7. The GHC Any grievance not presented in accordance with applicable time limits or other requirements in the steps listed above shall be comprised automatically foreclosed and considered settled and shall constitute a denial of the County HR Director, grievance. By mutual agreement the Director parties may extend the time limits in any of Administration and an “at-large” member the steps listed above.
Section 8. Arbitration shall be conducted through a Board of Arbitration consisting of one (1) representative selected by the HR Director from a rotating list of five Union, one (51) department headsrepresentative selected by the Company and an impartial Chairman mutually chosen by the parties. The participating “at large” member procedure for Arbitration shall not be affiliated with the grievant’s department of employment. as follows;
A. The GHC Union representative and Company representative shall meet at a time when the grievant is not scheduled forthwith to work or when scheduling arrangements can be madechoose an impartial Chairman, allowing the grievant to attend the hearing. If the grievance is not resolved within but no later than fifteen (15) calendar days from the date of the demand of arbitration. If no selection can be made within such fifteen (15) day period, then either party may submit request lists from the matter to Step 4 within five (5) calendar days following American Arbitration Association and selection shall be made in accordance with the expiration rules of the fifteen (15 days aforesaidservice.
B. Hearings and post hearing activities shall be conducted in accordance with the voluntary labor arbitration rules of service.
C. The decision of a majority of the Board shall be the decision of the Board of Arbitration. The Board shall have no power to change, amend, modify, or otherwise alter the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitrationprovisions of this Agreement. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member decision of the staff to serve as Board, which shall contain a full written statement of the arbitrator. The Arbitrator shall make a decision on grounds upon which the grievance which issue or issues are decided, shall be final and binding on both the Union and the Company.
D. Each party shall bear the expense of preparing and presenting its own case. The compensation and expense of the impartial Chairman and any other expenses of such Board shall be borne equally by the parties.
E. At the meeting with the impartial Chairman it will be discussed and agreed to that the impartial Chairman is required to return a decision within sixty (60) days of the hearing.
Section 9. TIME LIMITS: Time limits set forth above The Company shall have the right to grieve and arbitrate any dispute which arises concerning the terms and conditions of this Agreement.
Section 10. While this agreement is in effect, there shall be no authorized or sanctioned cessation, retarding or stoppage of work because of any dispute which may result from any interpretation of this agreement or for any cause whatsoever. If an employee represented by the Brotherhood and subject to the terms and conditions of this agreement who, without the authority and sanction of the Brotherhood, voluntarily absents themself from work because of any dispute or demand, the employee may be extended by mutual agreement in writingdenied further employment or suspended at the option of the Company.
Appears in 1 contract
Grievance. Any matter involving arising directly between the Employer and the Union concerning the interpretation, application, application or enforcement alleged violation of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances Agreement must be presented in originated under the final Step 1 within ten (10) working days of (1) the occurrence No. of the event causing the grievance; or (2) current procedure within ten (10fourteen 4) working days of the time that an employee reasonably should have known event giving rise to the grievance. Failing settlement under the final Step No. of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and current procedure within fourteen (14) working days, it may be submitted to arbitration in accordance with Article However, it is expressly understood, that the provisions of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an which such Employee could himself institute and the regular grievance procedure shall not be thereby bypassed, except only where it is established by the Union that the interest of the bargaining unit as a whole is involved and may be affected by the resolution or the issue from the complaint. Grievance Where a number of employees have similar grievances and each employee would be entitled to grieve separately, they may present a group grievance identifying each employee who is grieving to the Department Head or designate within seven (7) working days after the employee receives circumstances giving rise to the grievance had occurred, or ought reasonably to have come to the attention of the employees. The grievance shall then be treated as being initiated at Step Number two (2) and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The Union or the Employer may institute a reply grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing from the Sheriff, at Step Number Two (2) of the grievance shall be procedure, providing that it is presented within fourteen (14) working days after the circumstances which gave rise to the Grievance Hearing Committee (GHC) grievance orientated or However, it is expressly understood that the provisions of this clause may not be used to institute a grievance directly affecting an employee or employees which such employee or employees could themselves initiate as an individual or group grievance and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member regular grievance procedure shall not be affiliated with thereby bypassed. Any and all time limits fixed by this Article may at any time be extended by written agreement between the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes Employer and the rules set forth in that Section shall govern.
Step 4Union. Any grievance not settled in Step 3 above All decisions arrived at between the Employer and timely noticed for appeal to Step 4 in writing served on the opposite party to include representativesof the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which Union shall be final and binding on both partiesupon the Employer, the Union and the Employee or Employees concerned. TIME LIMITS: Time limits set forth above may Saturdays, Sundays, Employee’s scheduleddays off, and the paid holidays designated, if not worked, in this agreement will not be extended by mutual agreement counted in writingdetermining the time in which any action is to be taken or completed under the grievance procedure or arbitration procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving Where a number of employees have similar grievances and each employee would be entitled to grieve separately, they may present a group grievance identifying each employee who is grieving to the interpretation, applicationDepartment Head or designate within seven (7) days after the circumstances giving rise to the grievance had occurred, or enforcement ought reasonably to have come to the attention of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or employees. The grievance shall then be treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in as being initiated at Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or Number two (2) within ten (10) working days and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. Any employee who believes that he has been discharged or suspended without just cause may submit a written grievance at Step of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved procedure within five (5) working daysdays of the discharge or suspension. Where a difference arises between the parties relating to interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, or that any employee has been unjustly disciplined, either of the Sheriff parties may, after exhausting any grievance procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration notice shall furnish contain the employee name of the first party's appointee to an arbitration board. The recipient of the notice shall within appointee to the arbitration board. The two appointees so selected shall, within five working days of the appointment of the second of them appoint a reply in writing.
Step 3third person who shall be the Chairman. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised recipient of the County HR Director, the Director of Administration and notice fails to appoint an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaidarbitrator, or the matter will two appointees fail to agree upon a Chairman within the time limited, then the Minister of Labour for the Province of Ontario may appoint a qualified person to be deemed waived and finally settledChairman, upon the request of either person. In matters where suspension No person may be appointed who has been directly involved in an attempt to negotiate or dismissal without pay or benefits are an issue, settle the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitrationgrievance. The parties arbitration board shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which hear and its award shall be final and binding on both upon the parties, employee affected by it. TIME LIMITS: Time limits set forth above may The decision of the majority shall be extended the decision of the arbitration board, but if there is no decision, the decision of the Chairman shall govern. The Arbitration Board shall be without any decision inconsistent with the provisions of this agreement or to alter, modify or amend any part of this agreement. Each of the parties hereto will jointly bear the fees and expenses of the arbitration chairman. In the event that one party wishes to arbitration and is content that arbitrator as opposed to a tripartite board of arbitration as hereinbefore referred to, the party arbitration shall so signify when advising the shall advise as to three alternative arbitrator in addition that board. The recipient of the notice shall in reply advise as to its nominee to a tripartite board and three alternative choices as to a sole arbitrator. If the parties can agree to a sole arbitrator within twenty (20) days of the notice referring the matter to arbitration the matter shall be determined by mutual a sole arbitrator and failing such agreement in writing.the regular arbitration procedure shall
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application, applica- tion or enforcement alleged violation of the terms Agreement shall be originated at Step 3 within ten days following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Agreement, or Article not be used with respect to a claim by an employee, employees or Association that grievance directly affecting an employee has been discriminated against or treated unfairly or arbitrarily by which he could have instituted himself and the Employer by any action taken in the exercise of its rights or powers, may become a grievanceregular grievance procedure shall not be thereby by-passed. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If Where the grievance is not settled at the first step within ten (10) daysa Hospital grievance, it shall be reduced filed with the Grievance Committee. Where number of employees have identical and each one would be entitled to grieve separately, they may pre- sent a group grievance, in writing and presented identifying each employee who is grieving, to the SheriffDepartment Head, or his designate, within ten days the circumstances giving rise to the griev- ance have occurred. The grievance shall then be treated as being initiated at Step 2 and the applicable provisions of this Article shall then apply with respect to the handling of such grievance. D-ischa-rge -Gri-eva-nce- If an employee who has completed his probationary period, that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step 3 of the grievance pro- cedure to the Hospital within five days following the date of the discharge is effective. Such grievance may be settled under the Grievance and Arbitration procedure by: confirming the Hospital's action in discharging the employee, or Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter pro- vided. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance no written request for arbitration is not settled at the second step and within fourteen (14) received ten days after the employee receives a reply in writing from the Sheriffdecision under Step 3 is given, the grievance shall be presented deemed to have been abandoned. All agreements reached,. under the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to grievance procedure, between the Sheriff. The GHC shall be comprised representatives of the County HR Director, the Director of Administration Hospital and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration representatives of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both partiesupon the Hospital, the Union and the employee(s). TIME LIMITS: Time When either party requests that any matter be submitted to Arbitration as provided in this it shall make such request in writing addressed to the other to this Agree- ment, and at the same time appoint a nominee. Within five days thereafter, the other party shall appoint its nominee, pro- vided however, that if such party fails to appoint its nominee as herein required, the Minister of Labour for the Province of shall have the power to make such appointment upon application thereto by the party invoking the arbitration proce- dure. The two nominees shall attempt to agree upon a chairperson of the Arbitration Board. If they are unsuccessful in agreeing upon such a chairperson within a period of ten days of the appointment of the second nominee, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairperson. No person may be appointed to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not be to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Griev- ance The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairperson, will be final and binding upon the parties hereto and the or employees concerned. Each of the parties hereto will bear the expenses of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairperson of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set forth above out in this Wherever Arbitration Board is referred to in the Agree- ment, the parties hereto may mutually agree in writing, to sub- stitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions refer- ring to Arbitration Board shall apply. ARTICLE SENIORITY -Per-iod- New employees shall serve as probationary employees for the first hours from the last day of hire, and, if retained, their seniority shall date back to their last date of hire. In specific instances where doubt exist by the Hospital regarding the employee's capabilities or where other circum- stances exist, such employee's probation shall be extended by mutual agreement the and a further hours will be added to the proba- tionary period. It is understood and agreed that dismissal without cause of a probationary shall be at the sole discretion of the Hospital and shall not be made the subject of a grievance. Definition of Seniority Part-time employees accumulate seniority on the basis of one year's seniority for each hours worked in writing.the bargaining unit as of the last date of hire, except as otherwise provided herein. Seniority will operate on a bargaining unit wide basis. Notwithstanding the above employees hired prior to October will be credited the seniority they held under the Agreement November and thereafter For purposes of accumulation of transfer of sen- iority and service, progression on the wage grid and progression on the vacation schedule, all part-time employee's service and seniority shall be converted as at October on the fol- lowing basis: Converted hours of service Tr-ans-fer- of- Se-rvic-e a-nd - Effective October and for employees who transfer subsequent to October an employee whose status is changed from full-time to part-time shall receive credit for his/her service and seniority. An employee whose status is changed from part-time to full-time shall receive credit for seniority service on the basis of one year equals hours worked, and will be enrolled in the employee benefit plans subject to meeting any waiting period or other requirements of those plans. Employees hired prior to October will be credited with the service and seniority they held under Collective Agreement expiring November - -
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievance. Any matter involving It is understood that the interpretation, application, or enforcement Hospital may bring forward at any meeting held with the Union any complaint with respect to the conduct of the terms Union, its Officers or Stewards, and that if such complaint by the Hospital is not settled to the mutual satisfaction of this Agreementthe conferring parties, or it may be treated as a grievance and to Arbitration in the same way as the grievance of any employee. A claim by an employee, employees or Association employee who has completed the required probationary period that an employee he has been discriminated against unjustly discharged shall be treated as a grievance if a written statement of such griev- ance is lodged with the Director of Personnel within five (5) days after the employee is notified of his discharge or treated unfairly or arbitrarily by within three ( 3 ) days after the Employer by any action taken in employee ceases to work for the exercise of Hospital, whichever is the earlier. The Hospital shall give its rights or powers, may become a grievance. Grievances must be presented in Step 1 reply to the grievance within ten seven (107) working days of (1or such longer period as may be mutually agreed upon) the occurrence of the event causing date on which the employee files the grievance; . Such special grievance may be settled by confirming the Hospital's action in dismissing the employee, by re-instating the employee with or (2) within without compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties or a Board of Arbitration. Such com- pensation, however, shall not exceed the amount which the employee would normally have earned, based on his schedule during the period of discharge, calculated on straight time hourly rate of pay. Both parties to this Collective Agreement agree that any dispute or grievance, as defined in Article which has been properly carried through all the steps of the grievance proce- dure outlined in Article above, and which has not been settled, may be referred to a Board of Arbitration at the request in writing of either of the parties hereto. The Board of Arbitration will be composed of one person appointed by the Hospital, one person appointed by the Union and a third person to act as Chairman chosen by the two appointees to the Board, or the parties may agree to a single Arbitrator. Within ten (10) working days of the time that an employee reasonably should have known request by either party for a Board, each party shall notify the other of the events causing name of its appointee. Should the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied person chosen by the Association Xxxxxxx.
Step 2. If Hospital to act on the grievance is not settled at Board and the first step within ten (10) days, it shall be reduced person chosen by the Union fail to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee agree on a reply in writing.
Step 3. If the grievance is not settled at the second step and third person within fourteen (14) working days after of the employee receives a reply notifica- tion mentioned in writing from the Sheriffabove, the grievance Ontario Labour Relations Board will be asked to nominate an impartial Chairman who shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall a person other than a civil servant. Such request be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff made by the party appealing, shall be subject wishing to arbitrationfurther process the grievance. The parties shall request decision of a Board of Arbitration, or a majority thereof, constituted in the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which above manner shall be final and binding on both parties. TIME LIMITS: Time limits set forth above The Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties to this Agreement will bear the expenses of their appointee and of their own witnesses, and the parties will jointly and equally bear the expenses, if any, of the Chairman. No person shall be selected as arbitrator who has been directly involved in attempts to negotiate or settle the griev- ance. Where both parties agree, a single arbitrator may be extended by mutual agreement sub- stituted for an Arbitration Board. In such the parties shall endeavour to agree on the selection of an arbitrator and the event that they fail to do so, the Ontario Labour Rela- tions Board will be asked to nominate an arbitrator, in writingaccor- dance with the provision of Article above.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving 7.01 The Parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the interpretationadministration, application, application or enforcement interpretation of this Agreement shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance Procedure. It is understood that a reasonable amount of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of its Committees will co-operate with the Company in not conducting investigations in a manner which will unduly interfere with the Company’s operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances.
(a) Subject to the terms of this Agreement, Agreement which relate to the investigation following administration of discipline or a claim by an employee, employees or Association that the decision of the Company to discharge an employee has or an employee who feels that he had been discriminated against unjustly dealt with, the following procedure shall be followed:
(b) Before a complaint is lodged in writing, the employee shall discuss the matter with the Manager or treated unfairly or arbitrarily by designate as a means of settlement.
STEP 1 The grievance shall be in writing, copy of which shall be given to the Employer by any action taken in Manager and to the exercise of its rights or powers, may become a grievanceemployee’s Xxxxxxx. Grievances The grievance must be presented to the Manager within seven [7] working days after the occurrence of the matter complained of and the Manager shall answer the grievance presented to him, in Step 1 writing, within seen [7] working days after he has received it. The grievance must be in a legible form and signed by the employee.
STEP 2 If the matter has not been settled, the Unit Chairperson or his designate of the employee involved may, within ten (10) working days of (1) after receiving the occurrence of written answer from the event causing Manager, present the grievance; grievance in writing to the General Manger or (2) his nominee, who shall render his decision in writing within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievanceafter receiving it.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. STEP 3 If the grievance matter is not settled at Step 2, the first step Unit Chairperson and/or his designate may, within ten (10) daysworking days after receiving a written decision at Step 2 present the grievance to the Director of Labour or his nominee. At the request of either party a meeting between Management and the Unit Chairperson or designate, Local President and/or National Representative will take place within ten (10) working days after the grievance has been presented at Step 3. In the cases of Policy Grievance and / or unusual circumstances, the provisions of this clause may be extended.
7.03 In the event of either the Company or the Union wishing to present a policy/group grievance alleging the violation of this Agreement, such grievance must be presented in writing within seven [7] working days after the occurrence of the matter complained of. If the Union files such a grievance, it shall be reduced to writing and presented done by the Unit Chairperson or designate submitting a statement of the claim to the Sheriff. If not resolved Vice President or his nominee who shall answer same in writing within five (5) working days, and the Sheriff other steps of the grievance procedure as outlined above shall furnish the employee a reply in writing.
Step 3then apply. If the Company file such a grievance, it shall be done by the Vice President or his nominee submitting a written statement of the grievance is not settled at to the second step and within fourteen (14) days after Unit Chairperson or designate of the employee receives a reply Union. He shall answer the grievance in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar working days following the expiration of the fifteen (15 days aforesaid, or and if the matter will is not settled, there shall be deemed waived a meeting between the Union Grievance Committee and finally settledManagement within seven [7] working days after the Unit Chairperson or designate has submitted his answer. In matters where suspension or dismissal without pay or benefits are an issue, A reference of any matter to arbitration shall then follow the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules other terms set forth in that Section shall governthis Agreement.
Step 4. Any grievance not settled in Step 3 above and timely noticed 7.04 All time limits specified herein for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above or arbitration procedure may be extended but only by mutual agreement confirmed in writing. In particular, it is recognized that when a person involved in a grievance or all members of the Grievance Committee are not available due to absence away from home, then the Parties will co-operate to provide a reasonable extension of a time limit as specified for the presentation, processing or discussion of the grievance.
7.05 Other than the initiation of a grievance; when either party violates the time limits then the grievance will proceed to the next step. The Union will advise the Company in writing within seven (7) working days when a grievance is dropped.
7.06 Time set for grievances, arbitrations and investigations shall not include Saturdays, Sundays and Public Holidays for both Company and Union.
7.07 Management shall not call in any griever to discuss the grievance with the employee unless the Unit Chairperson or his designate is present.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving A policy grievance is distinguished from an individual employee’s grievance or group grievance and is defined as a difference arising between the University and the Union as to the interpretation, applicationapplication or alleged violation of a specified provision or provisions of this Agreement. Such policy grievances shall be submitted, in writing, signed by the Chairperson of the Union (or designate), or enforcement the Assistant Vice President, Human Resources (or designate), as the case may be, and submitted to the Assistant Vice President, Human Resources (or designate) or Chairperson of the terms Union (or designate), as the case may be. within thirty days after the occurrence of the matter that is the subject of the grievance. The responding party shall provide a written response within twenty days after receipt of the grievance. If the policy grievance is not resolved, the initiating party may notify the other party, in writing, within twenty days that it intends to proceed to arbitration pursuant to the Agreement. In the case of an employee who has completed his/her probationary period and who has been suspended or discharged, the employee may submit a grievance in writing, signed by the employee and the Union, to the Assistant Vice President, Human Resources designate) of his/her college, as per Step 4 and be processed then and subsequently as set out in the Procedure in Article within five days after the employee’s suspension or discharge. In the case of a probationary employee who has been suspended or discharged, she/he may submit a grievance in writing, signed by the employee and the Union, to the Assistant Vice President, Human Resources (or designate) as per Step 4 of the Complaint/Grievance Procedure in Article The Union and the University understand and mutually agree that a lesser standard of just cause exists for probationary employees and such standard shall include, but not be limited to, job capabilities, skill and work efficiency/productivity. Nothing herein shall be deemed to preclude an employee from discussing problems, personal or job related, with supervisors or members of the Human Resources Division as appropriate. Nothing herein shall be deemed to preclude a supervisor, Chair, Director, Xxxx or senior University from meeting with the Union, provided no agreements are reached that are inconsistent with the provisions of the Agreement or without approval of Employee Relations. The and the Union agree that all settlements/remedies reached under the grievance procedure between the representatives of the parties will be final and binding upon the parties and the employees. Arbitration request in writing addressed to the other party and at the same time state their nominee. Notwithstanding all of the provisions of Article the parties hereto may select one person as an arbitrator to whom any such grievance may be submitted for arbitration and such person shall have the same powers and be subject to the same restrictions as a board of arbitration appointed under this Agreement, Within ten days thereafter, the other party shall nominate a nominee, provided however, that if such party fails to nominate a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees so nominated shall attempt to select by agreement a Chair of the Board of Arbitration. If they are unable to agree upon such a Chair within a period of ten days, either may then request the Minister of Labour for the Province of Ontario to appoint an impartial Chair. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. The Board of Arbitration shall not be to make any decision inconsistent with the provision of this Agreement, nor to alter, modify, add to or amend any part this Agreement. The jurisdiction of the Board of Arbitration shall be confined the issue in The decision of the Board of Arbitration shall be final binding upon the parties. The decision shall be unanimous or one reached by a claim by an employeemajority of the members of the board; provided: however, employees that if there is no majority decision of the board then the of the Chair shall constitute the final binding decision of the board. In the event that a Board of Arbitration deals with a matter relating to discharge, suspension or Association that disciplinary action, then the board has the authority to reinstate an employee has been discriminated against with or treated unfairly without compensation for wages and any other benefits lost, or arbitrarily by to make any other award it may deem just and reasonable which would be consistent with the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence terms of the event causing Agreement. of the grievance; or (2) within ten (10) working days parties hereto will bear the expense of their appointed by it and the parties will jointly bear the expense, if any, of the Chair of the of Arbitration. The party demanding arbitration shall be responsible for informing any third party likely to be adversely affected: of the time that an employee reasonably should have known and place of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised sitting of the County HR Director, the Director Board of Administration and an “at-large” member selected by the HR Director from a rotating list Arbitration of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following be placed before the expiration Board; and of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in right of that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite third party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final present and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingrepresented.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving 1 Within the of this Agreement, a grievance shall be as a difference opinion between the parties or between the and a seniority employee as to the interpretation, application, administration or enforcement of the terms alleged violation of this Agreement. A written grievance, or a claim by an employee, employees or Association as required in Steps and 3 of Article shall state the particulars of and note the Article allegedly violated and the redress sought. It is that an no seniority employee has a grievance until the Superintendent or alternate has been discriminated against or given an opportunity to rectify the complaint. Such complaint be brought within twenty working days from the time when the cause for the complaint occurred. Failing satisfaction within five working days, the complaint shall be put in writing, and treated unfairly or arbitrarily by the Employer by any action taken as a grievance in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) following sequence and manner: 1Step Within five working days of the time that an employee reasonably should have known reply of the events causing Superintendent or designate at the grievance or else Complaint Stage, but not thereafter, the same seniority employee, who may be assisted by a Xxxxxxx, shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisorthe Superintendent or alternate. The Superintendent or alternate shall five working days within to reply writing to the grievance. 2Step Failing satisfaction at Step 1 of the Grievance Procedure, or then within five working days of the Sheriff either alone or accompanied date upon which the reply was due in Step but not thereafter, the Union shall request, by a letter in writing to the Association Xxxxxxx.
Step 2Director, a meeting with the Director of Education. The Director of Education shall arrange a meeting within ten working days of the receipt of the request. The Director of Education shall provide a written decision to the Chairperson of the Grievance Committee within five working days of said meeting. If the grievance written decision of the Director of Education is not settled at the first step within ten (10) days, it shall be reduced to writing and presented satisfactory to the Sheriff. If not resolved Grievance Committee, an appeal to the appropriate Committee of the Board may be lodged in writing with the Secretary of the Board within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from date on which the Sheriff, the grievance shall be presented to Chairman of the Grievance Hearing Committee (GHC) and notice received the written decision of such the Director of Education. The appeal shall be given to placed. upon the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected agenda for consideration by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet Board Committee at a time when mutually agreed upon by the grievant is Parties after the lodging of the appeal. The seniority employee concerned shall have right to appear before the Board Committee along with the Grievance Committee of Local and a representative of the of The decision of the Board Committee shall be delivered in writing by the Secretary of the Board to the Chairperson of the Grievance Committee not scheduled to work or when scheduling arrangements can be made, allowing later than five working days after date of the grievant to attend the hearingmeeting. 4Step If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration decision of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled Board in Step 3 above is not satisfactory to the Grievance Committee and timely noticed for appeal provided the complaint and grievance have been processed in the manner laid down in Article above (including Steps and within the time limits grievance. may be taken to Step 4 Arbitration in writing served on the opposite party to include the Sheriff accordance with Article 8 of this Agreement. A seniority employee considered by the party appealing, Union to be wrongfully or unjustly discharged or suspended shall be subject entitled to arbitrationa hearing under Article Grievance Procedure. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member Step 1 of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above Grievance Procedure may be extended by mutual agreement omitted in writingsuch cases. In case of discharge and discipline, the burden of proof of just cause shall rest with the employer.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving a grievance filed by the interpretationEmployer with respect to the conduct of the Union, applicationits officers or stewards, or enforcement any complaint that a contractual obligation undertaken by the Union has been violated. Management grievances are filed with the Local President and corporate union representative. If such a grievance is not settled to the mutual satisfaction of the terms conferring parties, it may be referred to arbitration in the same way as the grievance of this Agreement, or a claim by an employee. Grievances shall be filed at all steps of the grievance procedure with the individual hearing the grievance and the Manager of Human Resource Services. Grievance responses shall be addressed to the using home mailing address and shall be copied to the Local President, employees or Association the in attendance, and the Manager of Human Resource Services. It is understood that an employee has no grievance until the matter has been discriminated against referred to immediate supervisor and an opportunity given to adjust the complaint. If the complaint is not resolved to the satisfaction of the employee, the employee may file a formal grievance at Step within ten (10) full working days of the time the employee became aware or treated unfairly ought reasonably to have become aware of the circumstances giving rise to the dispute. A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The aggrieved employee shall present grievance to immediate supervisor outside the bargaining unit. In a job posting grievance, the immediate supervisor for the purpose of Step will be the chairperson of the selection committee. The immediate supervisor shall then arrange a meeting to discuss the grievance within a period of ten (10) days. The employee may choose to have the assistance of xxxxxxx at this meeting. The immediate supervisor shall respond in writing with respect to the grievance within five (5) days following the meeting. If the aggrieved employee is not satisfied with the decision at Step may submit the grievance to the Superintendent of Human Resource Services or arbitrarily by designate, within five (5) days of receipt of the Employer by any action taken response at Step or within five (5) days of when the response should have been issued. The Superintendent of Human Resource Services shall then arrange a meeting to discuss the grievance within a period of ten (10) days. The and grievance committee, the appropriate supervisor, the Superintendent of Human Resource Services or designate, and the Manager of Human Resource Services may attend this meeting. The Superintendent of Human Resource Services shall respond in writing with respect to the exercise grievance within five (5) days following the meeting. If the aggrieved employee is not satisfied with the decision at Step may submit the grievance to the Director of its rights Education or powers, may become a grievancedesignate within five (5) days of receipt of the response at Step or within five (5) days of when the response should have been issued. Grievances must be presented in Step 1 The Director of Education or designate shall meet within ten (10) working days to discuss and to endeavour to settle the grievance. The Manager of (1) Human Resource Services, appropriate supervisor, the occurrence Grievance Committee and, at the request of either party to this Agreement, a Regional Representative of the event causing the grievance; or (2) within ten (10) working days Union, may also be present. The Director of the time that an employee reasonably should have known of the events causing Education shall respond in writing with respect to the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, days following the Sheriff shall furnish the employee a reply in writing.
Step 3meeting. If the answer at Step is not satisfactory and if the grievance is not settled at one which concerns the second step and within fourteen (14) days after interpretation, application, administration or alleged violation of the employee receives a reply in writing from the SheriffAgreement, the grievance shall may or may not be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected referred by the HR Director from Union to a rotating list Board of five (5) department heads. The participating “Arbitration as provided in Article at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a any time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.twenty
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving the interpretation, application, or enforcement of the terms of this Agreement, or a claim by If an employee, employees or Association who has completed his probationary period, claims that an employee he has been discriminated against or treated unfairly or arbitrarily unjustly discharged, such claim must be submitted by the Employer employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step 3 of the grievance pro- cedure to the Hospital within five days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee with up to full seniority for time lost and up to full compensation for time lost, any action taken in other arrangement which may be deemed just and equitable. Failing settlement under the exercise of its rights or powersforegoing procedure, grievance may become a grievancebe submitted to arbitration as hereinafter provided. Grievances must be presented in Step 1 If no written request for arbitration is received within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriffdecision under Step 3 is given, the grievance shall be presented deemed to have been abandoned. All agreements reached, under the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to grievance procedure, between the Sheriff. The GHC shall be comprised representatives of the County HR Director, the Director of Administration Hospital and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration representatives of the fifteen (15 days aforesaid, or the matter Union will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both partiesupon the Hospital, the Union and the employee(s). TIME LIMITS: Time limits set forth above appoint a chairman. . No person may be extended appointed to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not be to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The proceedings of the Arbitration Board will be expedited by mutual agreement the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving a. A Grievance shall define the article(s) of the Collective Agreement that have been allegedly violated. It is also understood that all applicable Articles relating to the grievance are included. No grievance will be recognized by the Employer which was not raised at Step 1 within twenty (20) working days of the event that gave rise to the alleged grievance.
b. The Employer acknowledges the right of the Union to appoint or otherwise select a Grievance Committee of up to three (3) Union members, inclusive of one (1) employee of Operation Lift.
c. Grievance Committee member from Operation Lift shall suffer no loss of pay provided the Employer is not required to replace the Committee Member while presenting the Grievance to the employer.
d. Should any differences arise between the Employer and any of the employees from the interpretation, application, administration, or enforcement alleged violation of the terms provisions of this Agreement, or a claim by an employee, employees or Association xxxxxxx effort shall be made to settle such differences without undue delay in the following manner.
e. It is understood that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence and/or authorized member of the event causing Union shall not grieve until they have made the grievance; or (2) within ten (10) working days immediate Supervisor who was involved with the issue aware of the time that complaint, and given the supervisor an employee reasonably should have known opportunity to implement a course of action to rectify the events causing the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved issue within five (5) working days, days of the Sheriff shall furnish meeting with the employee a reply involved. The complaint, if not rectified to the satisfaction of the employee or Union, shall be dealt with at Step 1. Grievances shall be in writing, signed by the Union Xxxxxxx and filed within five (5) working days of the meeting with the employee involved. Replies to Grievances shall be in writing at all stages. Harassment issues shall be dealt with under Article 2.03 of this agreement.
f. The parties, by mutual agreement in writing, or email, may extend the time periods at any point in the Grievance Procedure and such extension shall not unreasonably be withheld.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance 1: The alleged violation shall be presented to the Grievance Hearing Committee (GHCGrievor’s immediate Supervisor. The grievance shall set out in writing the facts relied upon, the Article(s) allegedly violated and notice of such appeal shall be given the remedy that is being sought. It is also understood that all applicable Articles relating to the Sheriffgrievance are included. The GHC Supervisor shall be comprised of discuss the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated grievance with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 Xxxxxxx and respond in writing within five (5) calendar working days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governmeeting.
Step 4. Any 2: In the event the Union is not satisfied with the Supervisor’s decision at Step 1, the grievance not settled in Step 3 above and timely noticed for appeal to Step 4 may be presented in writing served on to Human Resources within five (5) working days of receipt of the opposite party Supervisor’s response. Human Resources shall discuss the grievance with the Xxxxxxx within five (5) working days of receiving the grievance, and render her decision in writing within five (5) working days of meeting with the Grievor and Xxxxxxx.
Step 3: In the event the Union is not satisfied with the decision from Human Resources at Step 2, the grievance may be presented in writing to include the Sheriff by Executive Director within five (5) working days of receipt of the party appealing, shall be subject to arbitrationHuman Resources’ response. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.Executive Director shall
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving individual employee or group of employees shall have the interpretationright at any time to present a grievance to the University in accordance with the grievance procedure. Also, application, or enforcement the University and the Union may avail themselves of the terms Grievance Procedure to settle any complaint, disagreement or difference of opinion which arises during the term of the Agreement. However, any such action shall present an arbitrable issue under this Agreement and shall not depend on or involve an issue or contention by either party which is contrary to any provision of this Agreement, or which involves the determination of a claim subject matter not covered by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily arising during the term of this Agreement. The time limits specified in this Section 9.1 may be extended by mutual agreement of the Employer by any action taken in Union and the exercise of its rights or powers, may become a grievanceUniversity. Grievances Each grievance must be presented within fifteen (15) working days of the event giving rise to the grievance. A grievance presented after fifteen (15) working days shall not be considered and the aggrieved party shall have waived all right to a complaint. This provision shall not be used to deny an aggrieved party any rights under any statute of the Province of British Columbia. However, should an employee be unable to file a grievance due to an absence resulting from illness, accident, or other justifiable leave in Step 1 accordance with this Agreement, the employee may do so on return to work. In such event, the time elapsed between the occurrence of the grievance and the commencement of the leave shall be considered as constituting part of the fifteen (15) working day period. The steps of the Grievance Procedure shall be as follows: FIRST: Employee-Supervisor - The employee, with or without the appropriate Shop Xxxxxxx, shall discuss any grievance with the appropriate Supervisor. Conversely, if the Supervisor has a grievance, it may be taken up with the employee. Upon failure to resolve the matter within seven (7) working days, the grievance may be referred by the aggrieved party to the respective Department Head and to the Union having jurisdiction. SECOND: Union-Department - To proceed to this step, the respective Department Head and the Union having jurisdiction shall be advised, in writing, by the aggrieved party within five (5) working days of completion of the first step of the intent to pursue the grievance. The Department Head and the Union Representative shall have ten (10) working days from the date of notification as provided, to attempt to resolve the dispute. The employee, shop xxxxxxx and supervisor may be amongst those attending this step of the grievance procedure. Upon failure to resolve the matter within the time allotted, the grievance may be referred by the aggrieved party to the University’s Human Resources Department and to the Union having jurisdiction. THIRD: Union-University - To proceed to this step, the grievance shall be submitted in writing to the Union having jurisdiction and to the University’s Human Resources Department within ten (10) working days of (1) the occurrence completion of the event causing preceding step in the grievance; or (2) within ten (10) working days Grievance Procedure. Such submission shall set forth clearly the issues and contentions of the time that an employee reasonably should have known aggrieved party. This procedure shall in no way prevent the Union or University from initiating this step of the events causing grievance procedure if, in its sole opinion, it is desirable to do so. Any officer or officers of the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievanceUnion involved, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2employee(s) if the employee(s) so wish, shall discuss the matter with the Director of Employee Relations and Benefits and the interested department of the University. If The Union and the University shall resolve the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriffworking days, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which solution shall be final and binding on both partiesall parties to the complaint. TIME LIMITS: Time limits set forth above may If the parties cannot mutually agree on settlement of the grievance, an Arbitration Board shall be extended established. Notwithstanding Article 9.2, the University and the Union may, by mutual agreement in writingagreement, choose a single arbitrator instead of a three person Arbitration Board. In the event that the University and the Union are unable to agree upon the selection of a single arbitrator, either party may make an application to the British Columbia Minister of Labour to appoint a single arbitrator.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving an employee who has completed probationary period that has been unjustly discharged shall be treated as a grievance a written statement of such grievance is lodged at Step No. of the interpretation, applicationgrievance procedurewithin three (3) days after the employee ceases to work for the Hospital and the first steps of the grievance procedure will be omitted in such case. Dischargegrievances may be settled by confirmingthe action of the Hospital in discharging the employee or reinstating the employee with compensationfor time lost, or enforcement by any other arrangement which is just and equitable in the opinion of an Arbitration Board. Falling settlement under the foregoing procedure any grievance between the parties arising from the interpretation or alleged this agreement, such grievance may be to as set forth in If no written request for arbitration is ten days the decision under Step No. is given, it shall be deemed to have been settled and not eligible for arbitration. All agreementsreached under the GrievanceProcedure betweenthe representatives of the terms Hospital and the or the representativesof the Association will be final and binding upon the Hospital and the Association and the employees. Any grievance not submitted within the time limit nor advanced by the grieving party the time limits provided for each step ofthe grievance procedure shall be deemed to have been dropped. No matter may be submitted to arbitration which has not been properly through all the requisite steps of the grievance procedure. Where no answer is given within the time limits specified in the grievance procedure, the grieving party shall be to submitthe grievance to the next step of the grievance procedure. No adjustment effected under the grievance procedure shall be made retroactive prior date of the circumstances giving rise to the grievance occurred save and except for time card errors involving pay. the Hospitalor the Association requeststhat a grievanceas above provided submitted to Arbitration it shalt make such request in writing addressed to the other party of this Agreement, and at the same indicate if a arbitrator is to be named (as per Article herein) or if a Board of Arbitration to be constituted, the xxxxx requesting must name its nominee to the Board at the time of the request. Within ten (10) days thereafter the other party shall the first party in writing of its nominee to the Board. The two (2) nominees shall, within ten (10) days of the nomination of the latter of them, attempt to settle by agreement the third person to be a member and Chairman of the Arbitration Board. If they are unable to agree on such a Chairman, either party may request that the Minister of Labour for the Provinceof Ontario effect such an appointment. No person may be appointed as an Arbitrator who has in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or a claim by an employeeto substitute any new provisions in lieu thereof, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by nor to give any decision inconsistent with the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence terms and provisions of the event causing the grievance; or (2) within ten (10) working days Agreement. Each of the time that an employee reasonably should have known parties hereto bear the fee and expense of the events causing nominee appointed by it and the parties will jointly bear the fees and expenses, if any, of the Chairman of the Arbitration Board. The time limits fixed in both the grievance or else the same shall be barred as a grievance.
Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above arbitration procedures may be extended by mutual written consent of the parties to this Agreement. Saturdays, Sundays and designated set out in will not be counted in the time within which any action to be taken or completed under the provisions of Mile The Hospital and the Association may by written agreement in writingsubstitute for specific grievance or grievances a named single for the Board of Arbitration providedfor herein (whether or not such Board has been constituted) and the single arbitrator shall possessthe same powers and be subject to the same as a Board of hereunder. At any stage of the grievance procedure including arbitration, the parties may have the assistance of the employee concerned as a witness.
Appears in 1 contract
Samples: Collective Agreement
Grievance. Any matter involving In the interpretationevent of an employee who has completed his probationary period being discharged from employment, applicationand the employee claims that he has been discharged without just cause, the case may be taken up as a grievance. All such cases shall be taken up within four (4) days and disposed of within seven days (or enforcement such longer period as may be mutually agreed upon) of the terms date the employee is notified of this Agreementhis discharge, or except where a case is taken to arbitration. Such a claim by an employee who has completed his probationary period, shall be treated as a grievance if a written statement of such grievance is lodged with the Administrator within four (4) days after the employee is notified of his discharge or within four (4) days after the employee ceases to work for the Employer, whichever is the earlier. All steps of the grievance procedure prior to Step may be omitted in such cases. Such special grievances may be settled by confirming the action in dismissing the employee, employees or Association that an by reinstating the employee has been discriminated against with full compensation for time lost, or treated unfairly or arbitrarily by the Employer by any action taken other arrangement which is just and equitable in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence opinion of the event causing conferring parties or the grievance; Board of Arbitration, as the case may be.
(a) The Union may file a Grievance" at Step of the grievance procedure. A may not be used to bypass the regular grievance procedure. A policy grievance is defined as one which alleges a misinterpretation or violation of a provision of this Agreement and which, because of the nature or scope of the subject matter, could not otherwise be instituted as an individual employee grievance commencing at Step Such policy grievance shall be filed in writing within seven (2) within ten (107) working days of the time that an employee reasonably should initial incident giving rise to the complaint. The grievance must be signed by the Xxxxxxx. The Employer shall have known the right to lodge a grievance with the Union concerning the meaning, application, interpretation or violation of any provision of this Agreement commencing at Step of the events causing the grievance or else the same shall be barred as a grievance.
Step 1proce- dure. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Xxxxxxx.
Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing.
Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the The grievance shall be presented filed in writing with the Union by senior management within seven working days of the initial incident giving rise to the Grievance Hearing Committee (GHC) complaint. A meeting shall be held between representatives of the Employer and notice the Union within seven working days of filing of the grievance. The grievance shall be answered in writing by the Union within ten working days of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governmeeting.
Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.
Appears in 1 contract
Samples: Collective Agreement