Common use of GRIEVANCES AND ARBITRATION Clause in Contracts

GRIEVANCES AND ARBITRATION. Section 7.1 The Lodge may file a grievance concerning the meaning, interpretation, application, or alleged violation of the terms and provisions of this Agreement. No matter shall be entertained as a grievance hereunder unless written notice is filed within the time periods referenced in Sections 7.4 and 7.5 after the occurrence of the event or after the Employee or Lodge becomes aware of or reasonably should have been aware of the event giving rise to the grievance. Grievances on subjects listed in Section 7.4 shall only be submitted per Section 7.4. Grievances on subjects listed in Section 7.5 shall only be submitted per Section 7.5. Section 7.2 The Grievance Committee, hereinafter referred to as "Committee", may assist the Lodge or any member(s) of the bargaining unit with the preparation and submission of a grievance at any level. Three (3) members of Committee may attend a grievance hearing with no loss of pay. Committee may investigate and consider any grievance submitted, and may meet to consider a single grievance or several grievances collectively. Committee shall consist of the Lodge President and the Board of Directors of the Lodge. Committee shall be vested with complete, final and exclusive authority to accept, reject, or otherwise weigh or determine the merits of grievances submitted hereunder by Employees. Employees shall process all grievances through the Lodge and Employer shall only respond to those grievances processed through Committee, presented on the proper Lodge grievance form and signed by a member of the Lodge Grievance Committee. If a grievance is rejected by Committee it shall be considered resolved or withdrawn. The decision by Committee with respect to such matters shall be binding upon the Employee(s) aggrieved. Section 7.3 In computing any period of time prescribed herein, the day of the act or event from which the designated period of time begins shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, or Sunday or a designated City holiday, in which event the period shall continue until the end of the next day which is not one of the aforementioned days. Provided that all time limits set forth may be extended by the mutual written consent of the grievant'(s) and Employer's representatives. Failure of the Employer to respond to a grievance within the prescribed time period shall automatically initiate the next grievance step as well as the grievant's obligations to comply with that step's time limitations. All time limits set out in this Article shall be strictly observed and any failure of a grievant to comply with such time limits shall automatically terminate any right to continue the grievance. Section 7.4 A grievance which involves a suspension, promotion, demotion or dismissal shall be filed in writing, on the grievance form attached hereto as Appendix “D”, with the Human Resources Director or his designee within ten (10) calendar days of the Employee receiving written notification of the action. A written appeal involving suspension, promotion, demotion or dismissal shall state the nature of the grievance and designate an election to have the matter determined through Civil Service Commission appeal procedures or by an impartial arbitrator selected through arbitration procedures.

GRIEVANCES AND ARBITRATION. Section 7.1 The Lodge may file 1. Where an employee has the right to process a grievance concerning through either the meaningprocedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, interpretationeither the contract grievance procedure shall cease, applicationif the employee has submitted a contract grievance, or alleged violation the employee shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the employee or not accepted by the Commission within l5 working days of the terms and provisions date of this Agreement. No matter shall be entertained as a grievance hereunder unless written notice is filed within the time periods referenced in Sections 7.4 and 7.5 after the occurrence of the event or after the Employee or Lodge becomes aware of or reasonably should have been aware of the event action giving rise to the grievance. Grievances on subjects listed in Section 7.4 shall only be submitted per Section 7.4. Grievances on subjects listed in Section 7.5 shall only be submitted per Section 7.5. Section 7.2 The Grievance Committee, hereinafter referred to as "Committee", may assist the Lodge or any member(s) of the bargaining unit with the preparation and submission processing of a contract grievance at any level. Three (3) members of Committee may attend a grievance hearing with no loss of pay. Committee may investigate and consider any grievance submitted, and may meet to consider a single grievance or several grievances collectively. Committee shall consist of filed within the Lodge President and the Board of Directors of the Lodge. Committee shall be vested with complete, final and exclusive authority to accept, reject, or otherwise weigh or determine the merits of grievances submitted hereunder by Employees. Employees shall process all grievances through the Lodge and Employer shall only respond to those grievances processed through Committee, presented on the proper Lodge grievance form and signed by a member of the Lodge Grievance Committee. If a grievance is rejected by Committee it shall be considered resolved or withdrawn. The decision by Committee with respect to such matters shall be binding upon the Employee(s) aggrieved. Section 7.3 In computing any period of time prescribed herein, the day of the act or event from which the designated period of time begins shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, or Sunday or a designated City holiday, in which event the period shall continue until the end of the next day which is not one of the aforementioned days. Provided that all time limits set forth may be extended by the mutual written consent of the grievant'(s) and Employer's representatives. Failure of the Employer to respond to a grievance within the prescribed time period shall automatically initiate the next grievance step as well as the grievant's obligations to comply with that step's time limitations. All time limits set out in this Article Section 2 shall be strictly observed and any failure of a grievant to comply with such time limits shall automatically terminate any right to continue the grievancepermitted. Section 7.4 A 2. Any grievance or dispute which involves a suspensionmay arise concerning the application, promotion, demotion meaning or dismissal interpretation of this Agreement shall be filed settled in accordance with the following steps. Where grievances may be submitted in writing, on they may also be submitted via email, however current practices regarding the provision of hard copy documentation provided as support for grievance submissions by the Union shall continue. Both parties will include a copy of the grievance form attached hereto as Appendix “D”with their grievance correspondence. STEP 1. The employee, with either alone or accompanied by the Union representative, or the Union where entitled, shall present the grievance orally or in writing to the immediate supervisor, or in the case of the Department of Human Resources Director Services, to the District Manager of a district office of a County Assistance Office or his designee to a designated management representative in a single office County Assistance Office, an institution, or a Youth Development Center, within ten (10) calendar 15 working days of the Employee receiving written notification date of its occurrence, or when the employee knew or by reasonable diligence, should have known of its occurrence. The supervisor or designated STEP 2. In the event the grievance is not settled at Step 1, the appeal must be presented in writing by the employee or Union representative to the head of his/her division, bureau, institution, or equivalent organizational unit or in the case of the actionDepartment of Human Services, to the Executive Director of a County Assistance Office, Institution Superintendent, or Director of a Youth Development Center, within 15 working days after the Step 1 response is due or received. A The official receiving the written appeal, or the designated representative, shall respond in writing to the employee and the Union representative within 15 working days after receipt of the appeal. STEP 3. An appeal from an unfavorable decision at Step 2 shall be presented by the employee or Union representative to the agency head or designated representative within 15 working days after the response from Step 2 is due or received. The agency head or designated representative shall respond in writing to the employee and Union representative within 15 working days after receipt of the appeal. STEP 4. In the event the grievance has not been satisfactorily resolved in Step 3, written appeal involving suspensionmay be made by the employee or Union representative within 15 working days after the response from Step 3 is due or received to the Bureau of Labor Relations, promotion, demotion or dismissal Office of Administration and shall state the nature contain a copy of the grievance Step 2 and designate Step 3 decisions. The Bureau of Labor Relations, Office of Administration shall issue a decision in writing to the employee and/or the Union within 15 working days after receipt of the appeal. STEP 5. An appeal from an election unfavorable decision at Step 4 may be initiated by the Union serving upon the Employer a notice in writing of the intent to have proceed to arbitration within 20 working days after the matter determined through Civil Service Commission appeal procedures response from Step 4 is due or received. Said notice shall identify the provisions of the Agreement, the department, the employee involved, and a copy of the grievance. The Union may present grievances concerning agency-wide decisions directly to Step 3 within 15 working days of the date of occurrence or when the Union knew or by an impartial arbitrator selected through reasonable diligence, should have known of its occurrence. In addition, if Health & Safety concerns have been discussed with the Local Health & Safety Committee and cannot be resolved, then grievances concerning the issues discussed can be submitted directly to the third step. Section 3. The parties will meet and agree upon a list of four (4) arbitrators. The first two of these arbitrators will be asked to set aside one fixed day (same day each month) in the months of January, March, May, July, September and November. The other two arbitrators will be asked to set aside one fixed day (same day each month) in the months of February, April, June, August, October and December. These dates will be used for the purpose of hearing grievances concerning employee discharge or a suspension of thirty (30) days or more, for which the Union has requested arbitration proceduresin accordance with the contract grievance/arbitration provisions contained in Section 2, or for other cases for which the Union has requested arbitration and where the parties mutually agree to use this expedited procedure.

GRIEVANCES AND ARBITRATION. Section 7.1 The Lodge may file 1. Where an employee has the right to process a grievance concerning through either the meaningprocedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, interpretationeither the contract grievance procedure shall cease, applicationif the employee has submitted a contract grievance, or alleged violation the employee shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the employee or not accepted by the Commission within 15 working days of the terms and provisions date of this Agreement. No matter shall be entertained as a grievance hereunder unless written notice is filed within the time periods referenced in Sections 7.4 and 7.5 after the occurrence of the event or after the Employee or Lodge becomes aware of or reasonably should have been aware of the event action giving rise to the grievance. Grievances on subjects listed in Section 7.4 shall only be submitted per Section 7.4. Grievances on subjects listed in Section 7.5 shall only be submitted per Section 7.5. Section 7.2 The Grievance Committee, hereinafter referred to as "Committee", may assist the Lodge or any member(s) of the bargaining unit with the preparation and submission processing of a contract grievance at any level. Three (3) members of Committee may attend a grievance hearing with no loss of pay. Committee may investigate and consider any grievance submitted, and may meet to consider a single grievance or several grievances collectively. Committee shall consist of filed within the Lodge President and the Board of Directors of the Lodge. Committee shall be vested with complete, final and exclusive authority to accept, reject, or otherwise weigh or determine the merits of grievances submitted hereunder by Employees. Employees shall process all grievances through the Lodge and Employer shall only respond to those grievances processed through Committee, presented on the proper Lodge grievance form and signed by a member of the Lodge Grievance Committee. If a grievance is rejected by Committee it shall be considered resolved or withdrawn. The decision by Committee with respect to such matters shall be binding upon the Employee(s) aggrieved. Section 7.3 In computing any period of time prescribed herein, the day of the act or event from which the designated period of time begins shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, or Sunday or a designated City holiday, in which event the period shall continue until the end of the next day which is not one of the aforementioned days. Provided that all time limits set forth in Section 2 shall be permitted. Section 2. Any grievance or dispute which may arise during the term of this Agreement concerning the application, meaning, or interpretation of this Agreement, except for grievances alleging a violation of Article 22, shall be extended processed in the following manner: STEP 1. The employee, either alone, or accompanied by an Alliance Representative, or the Alliance Representative, where entitled, shall present the grievance in writing to the Employer's worksite designee within 15 working days of the date of the occurrence giving rise to the dispute, or when the employee knew or by reasonable diligence should have known of the occurrence. In no event will the Employer’s worksite designee be a member of any unit (including a "meet and discuss" unit) represented by the mutual Alliance. In addition, in order for a grievance to be discussed at Step 1, the respective Employer worksite designee must have received a written consent confirmation of the grievant'(s) grievance at least 15 working days prior to the prescheduled Step 1 meeting. This period may, however, be modified by mutual agreement. The parties agree that the respective Employer designee and the Alliance counterpart must schedule and meet on a monthly Step 1 basis, if necessary, in order to attempt to resolve all outstanding grievances. At the Step 1 meeting, the parties will advise each other of all of the then-known facts, including witnesses, and furnish copies of relevant reports or investigations upon which the party will rely in proving and/or supporting its respective position. When special circumstances preclude the disclosure of confidential patient, resident, client, student, or inmate information at the Step 1 meeting, the case will be handled in accordance with the agreed upon procedures to be developed by the parties. Any agreed upon final settlement of a grievance reached at Step 1 shall be reduced to writing and signed by the Alliance and the Employer designee. Decisions at Step 1 shall not be used as precedent for any subsequent case. After the Step 1 meeting has been held and the then-known information the parties intend to rely on to support their respective positions has been discussed and exchanged, the respective Employer designee must, if the case is not settled at this point, make a written disposition of the matter to the Alliance within 15 working days from the date of the Step 1 meeting. STEP 2. If the Step 1 response is not satisfactory or a response has not been received by the Alliance within 15 working days of the Step 1 meeting, the Alliance shall have 15 working days after the Employer's representativesresponse is received or due to appeal the decision by filing its grievance with the Joint Pennsylvania State Committee. The Commonwealth and the Pennsylvania State System of Higher Education shall operate separate Joint Pennsylvania State Committees. Appeals submitted to either the Commonwealth or Pennsylvania State System of Higher Education State Committee shall be made in writing, in a form to be established by each Committee. The Alliance shall file Commonwealth grievances to the Office of Administration, Bureau of Labor Relations, and shall file Pennsylvania State System of Higher Education grievances to the Office of the Chancellor, Labor Relations Unit, in accordance with established procedures. These offices will officially "docket" all grievances submitted by the Alliance and will furnish official notice confirming the docketing of all cases scheduled to be heard by the respective State Committee, along with the date, place, and time of the scheduled meeting. Dockets will be sent to the affected Employer (Division of Labor Relations), if applicable, and to the Pennsylvania Doctors Alliance. Failure of the Alliance to submit grievances to the Commonwealth or Pennsylvania State System of Higher Education State Committee within the 15 day appeal period specified above shall be cause for the Employer to respond consider the matter "settled and withdrawn." Any later discovered or developed evidence, not previously disclosed to a grievance within the prescribed time period other party at the Step 1 meeting, must be submitted to the other side as soon as practical after discovery and/or development, but in no event later than 48 hours before the Step 2 hearing. (See Rule 4, Section 3 of Appendix J for exceptions.) Decisions of the Joint Pennsylvania State Committees shall automatically initiate the next grievance step operate as well as the grievant's obligations to comply with that step's time limitationsprecedent. All time limits set out However, decisions issued regarding Commonwealth of Pennsylvania grievances filed on or after July 1, 2001 in this Article shall be strictly observed and any failure of a grievant to comply with such time limits shall automatically terminate any right to continue the grievance. Section 7.4 A grievance which involves a suspension, promotion, demotion or dismissal shall be filed in writing, on the grievance form attached hereto as Appendix “D”, with and arbitration procedure shall not set precedent for the Human Resources Director or his designee within ten (10) calendar days Pennsylvania State System of Higher Education and may not be entered into the Employee receiving written notification of the action. A written appeal involving suspension, promotion, demotion or dismissal shall state the nature record at any Step of the grievance and designate an election to arbitration procedure. Decisions issued regarding Pennsylvania State System of Higher Education grievances filed on or after July 1, 2001 in the grievance and arbitration procedure shall not set precedent for the Commonwealth of Pennsylvania and may not be entered into the record at any Step of the grievance and arbitration procedure. The Step 2 Committees shall have the right to hear testimony from both parties, investigate all relevant facts, and render a final and binding decision. Each case shall be considered on its merits and the collective bargaining agreement shall constitute the basis upon which the decision shall be rendered. The Committees shall neither add to, subtract from, nor modify the provisions of the Agreement. The Committees shall be confined to the precise issue submitted, as outlined on the original grievance form, and shall have no authority to determine any other issues not so submitted. If the Committee is unable to reach a decision by majority vote, the matter determined through Civil Service Commission will be considered "deadlocked". STEP 3. An appeal procedures from a deadlocked decision at Step 2 may be initiated by the Alliance by written notice of the intent to proceed to arbitration. This notice must be sent within 15 working days after the deadlocked decision from Step 2 to the Office of Administration, Bureau of Labor Relations and the affected Employer (Division of Labor Relations) for Commonwealth grievances, or to the Office of the Chancellor, Labor Relations Unit for Pennsylvania State System of Higher Education grievances. The impartial arbitrator is to be selected by agreement between the Co-Chairpersons of the respective Joint Pennsylvania State Committee within 15 working days after the notice has been given. If the parties fail to agree on an impartial arbitrator, either party may request the Bureau of Mediation to submit a list of seven possible arbitrators to the respective Co-Chairpersons. The Co-Chairpersons shall, within 15 working days of the receipt of said list, select the arbitrator by alternately striking one name from the list until one name remains. The Employer Chairperson shall strike the first name. Each case shall be considered on its merits and the collective bargaining agreement shall constitute the basis upon which the decision shall be rendered. The arbitrator shall neither add to, subtract from, nor modify the provisions of the Agreement. The arbitrator shall be confined to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted. A decision of the Step 2 Joint State Committee or by an impartial the arbitrator selected through arbitration proceduresshall be final and binding on both parties. The arbitrator shall be required to issue a decision within 30 days after the close of the hearing.

GRIEVANCES AND ARBITRATION. Section 7.1 The Lodge may file a grievance concerning No employee shall have or exercise any of the meaningauthorities, interpretation, applicationpowers, or alleged violation duties of a representative in dealing with the employer unless the Association files written notice of this appointment with the employer. Representatives shall be permitted to adjust grievances during working hours, provided, however, that no Representative shall leave the Representative’s regular work for the purpose of adjusting grievances without reporting to and obtaining the permission of the terms and provisions Representative’s supervisor. Time spent in handling grievances shall not be unreasonable or exclusive. For the purpose of this Agreement, the term “grievance” shall mean a complaint by an employee that there is a disagreement or dispute as to the meaning or application of any provision of this Agreement. No matter Should any grievance arise, the procedure of settlement shall be entertained as in the following order and manner: The Representative, with or without the employee, shall take up the grievance or dispute with the Chief of the department within thirty (30) days after the date of the grievance or the employee’s knowledge of its occurrence. The Chief shall attempt to adjust the matter and shall render a decision to the Representative in writing within fourteen (14) days; If said grievance hereunder unless has not been settled the Association Representative or an appropriate Association Grievance Committee shall present it in writing to the City Manager or designee within fourteen (14) days after the Police Chief’s decision is rendered. The City Manager or designee shall render a decision to the Association or its Grievance Committee in writing within fourteen (14) days after presented to the City Manager or designee; If said grievance is still unsettled, either party to this Agreement may, within fourteen (14) days, by written notice is filed within to each other, submit the time periods referenced in Sections 7.4 and 7.5 after the occurrence of the event or after the Employee or Lodge becomes aware of or reasonably should have been aware of the event giving rise grievance to the grievance. Grievances on subjects listed in Section 7.4 shall only be submitted per Section 7.4. Grievances on subjects listed in Section 7.5 shall only be submitted per Section 7.5. Section 7.2 The Grievance Committee, hereinafter referred to as "Committee", may assist the Lodge or any member(s) of the bargaining unit with the preparation and submission of a grievance at any level. Three (3) members of Committee may attend a grievance hearing with no loss of pay. Committee may investigate and consider any grievance submitted, and may meet to consider a single grievance or several grievances collectively. Committee shall consist of the Lodge President and the Board of Directors of the Lodge. Committee shall be vested with complete, final and exclusive authority to accept, reject, or otherwise weigh or determine the merits of grievances submitted hereunder by Employees. Employees shall process all grievances through the Lodge and Employer shall only respond to those grievances processed through Committee, presented on the proper Lodge grievance form and signed by a member of the Lodge Grievance Committee. If a grievance is rejected by Committee it shall be considered resolved or withdrawnarbitration. The decision by Committee with respect to such matters parties shall be binding upon the Employee(s) aggrieved. Section 7.3 In computing any period of time prescribed herein, the day of the act or event from which the designated period of time begins shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, or Sunday or a designated City holiday, in which event the period shall continue until the end of the next day which is not one of the aforementioned days. Provided that all time limits set forth may be extended by the mutual written consent of the grievant'(s) and Employer's representatives. Failure of the Employer to respond to a grievance within the prescribed time period shall automatically initiate the next grievance step as well as the grievant's obligations to comply with that step's time limitations. All time limits set out in this Article shall be strictly observed and any failure of a grievant to comply with such time limits shall automatically terminate any right to continue the grievance. Section 7.4 A grievance which involves a suspension, promotion, demotion or dismissal shall be filed in writing, on the grievance form attached hereto as Appendix “D”, with the Human Resources Director or his designee within ten (10) calendar days of the Employee receiving written notification demand for arbitration jointly attempt to agree on a single arbitrator. In the absence of mutual agreement, the grievance shall be submitted to the Maine State Labor Relations Board of Arbitration and Conciliation, in accordance with the Municipal Public Employees Labor Relations Act, revised 1976, and amendment thereto, or any successor act enacted by the Legislature of the actionState of Maine governing arbitration of public employees. A written appeal involving suspensionIt is suggested that, promotionfor orderly handling of all police business, demotion or dismissal shall state and for the nature prevention of grievances that might arise, there be a monthly meeting held between the grievance Chief of Police and designate an election to have the matter determined through Civil Service Commission appeal procedures or Representatives appointed by an impartial arbitrator selected through arbitration proceduresthe said Association.

GRIEVANCES AND ARBITRATION. Section 7.1 The Lodge may file a grievance concerning the meaning, interpretation, application, or alleged violation of the terms and provisions of this Agreement. No matter shall be entertained as a grievance hereunder unless written notice is filed within the time periods referenced in Sections 7.4 and 7.5 after the occurrence of the event or after the Employee or Lodge becomes aware of or reasonably should have been aware of the event giving rise to the grievance. Grievances on subjects listed in Section 7.4 shall only be submitted per Section 7.4. Grievances on subjects listed in Section 7.5 shall only be submitted per Section 7.5. Section 7.2 The Grievance Committee, hereinafter referred to as "Committee", may assist the Lodge or any member(s) of the bargaining unit with the preparation and submission of a grievance at any level. Three (3) members of Committee may attend a grievance hearing with no loss of pay. Committee may investigate and consider any grievance submitted, submitted and may meet to consider a single grievance or several grievances collectively. Committee shall consist of the Lodge President and the Board of Directors of the Lodge. Committee shall be vested with complete, final and exclusive authority to accept, reject, or otherwise weigh or determine the merits of grievances submitted hereunder by Employees. Employees shall process all grievances through the Lodge and Employer shall only respond to those grievances processed through Committee, presented on the proper Lodge grievance form and signed by a member of the Lodge Grievance Committee. If a grievance is rejected by Committee Committee, it shall be considered resolved or withdrawn. The decision by Committee with respect to such matters shall be binding upon the Employee(s) aggrieved. Section 7.3 In computing any period of time prescribed herein, the day of the act or event from which the designated period of time begins shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, or Sunday or a designated City holiday, in which event the period shall continue until the end of the next day which is not one of the aforementioned days. Provided that all time limits set forth may be extended by the mutual written consent of the grievant'(s) and Employer's representatives. Failure of the Employer to respond to a grievance within the prescribed time period shall automatically initiate the next grievance step as well as the grievant's obligations to comply with that step's time limitations. All time limits set out in this Article shall be strictly observed and any failure of a grievant to comply with such time limits shall automatically terminate any right to continue the grievance. Section 7.4 A grievance which involves a suspension, promotion, demotion or dismissal shall be filed in writing, on the grievance form attached hereto as Appendix “D”, with the Human Resources Director or his designee within ten (10) calendar days of the Employee receiving written notification of the action. A written appeal involving suspension, promotion, demotion or dismissal shall state the nature of the grievance and designate an election to have the matter determined through Civil Service Commission appeal procedures or by an impartial arbitrator selected through arbitration procedures.