GRIEVANCES AND ARBITRATION. Section 1. Where an employee has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee has submitted a contract grievance, or 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 If the appeal to the Commission is withdrawn by the employee or not accepted by the Commission within 15 working days of the date of the occurrence of the action giving rise to the grievance, the processing of a contract grievance filed within the 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 processed in the following manner: STEP 1. The employee, either alone, or accompanied by a 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 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 response 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. STEP 3. An appeal 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 the arbitrator shall 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.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee has submitted a contract grievance, or 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 date of the occurrence of the action giving rise to the grievancecalendar days, the processing of a timely filed contract grievance filed within the 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, meaning or interpretation of this Agreement, except for grievances alleging a violation of Article 22, the Agreement shall be processed in the following manner:
STEP 1. The employee, either alone, alone or accompanied by a Alliance Representative, the Association representative or the Alliance RepresentativeAssociation through its representative, where entitled, shall present the grievance in writing to the Employer's worksite designee within 15 working calendar days of the date of the occurrence giving rise to the dispute, 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.
STEP 2. If the Step 1 response is not satisfactory satisfactory, or a response has not been received by the Alliance Association within 15 working calendar days of the Step 1 meetingMeeting, the Alliance Association shall have 15 working calendar days after the EmployerCommonwealth's response is received or due due, to appeal the decision by filing its grievance with the Joint Pennsylvania State Committee (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 Such submission shall be made in writing, and shall be filed in a form to be accordance with the established by each Committee. The Alliance shall file Commonwealth grievances to procedures with the Office of Administration, Bureau of Labor Relations, and shall file Pennsylvania State System Relations (OA-BLR) in accordance with the established procedures. Failure of Higher Education the Association to submit grievances to the Office of Committee within the Chancellor15 calendar day appeal period specified above, Labor Relations Unit, in accordance with established procedures. These offices will officially "docket" all grievances submitted by shall be cause for the Alliance and will furnish official notice confirming Commonwealth to consider 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 Alliancegrievance withdrawn.
STEP 3. An appeal from a deadlocked decision at Step 2 may be initiated by the Alliance Association, by written notice of the intent to proceed to arbitration. This notice must be sent within 15 working calendar days after the deadlocked decision from Step 2 to the Office of Administration, Administration (Bureau of Labor Relations and the affected Employer (Division of Labor Relations) for Commonwealth grievancesand the Human Resource Office, Department of Labor and Industry.
Section 3. All of the time limits contained in this Article may be extended by mutual agreement. The granting of any extension at any step shall not be deemed to establish a precedent.
Section 4. An employee shall be permitted to have a representative of the Association present at each step of the grievance procedure up to and including Step 2; subject however, to Section 606, Article VI of the Public Employes Relations Act. Upon request by an employee or Association representative, a Step 1 grievance meeting will be postponed or rescheduled, if necessary, if an Association representative is temporarily unavailable to the Office of employee. Where this occurs, the Chancellor, Labor Relations Unit time limits for Pennsylvania State System of Higher Education grievancesresponse to the grievance will be suspended during the postponement period.
Section 5. The impartial arbitrator is to be selected by agreement between Committee will function under the Co-Chairpersons Rules 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 the arbitrator shall 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.Procedure in Appendix G.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee has submitted a contract grievance, or 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 l5 working days of the date of the occurrence of the action giving rise to the grievance, the processing of a contract grievance filed within the 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, meaning or interpretation of this Agreement, except for grievances alleging a violation of Article 22, Agreement shall be processed settled in the following manner:
STEP 1. The employee, either alone, alone or accompanied by a Alliance Representativethe Union representative, or the Alliance Representative, Union where entitled, shall present the grievance orally or in writing to the Employer's worksite designee immediate supervisor, or in the case of the Department of Public Welfare, to the District Manager of a district office of a County Assistance Office or to a designated management
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 Department of Public Welfare, 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 I response is due or received. 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 may 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, Office of Administration and shall contain a copy of the Step 2 and 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 unfavorable decision at Step 4 may be initiated by the Union serving upon the Employer a notice in writing of the intent to proceed to arbitration within 20 working days after the 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 the occurrence giving rise to the dispute, or when the employee Union knew or by reasonable diligence diligence, should have known of the its occurrence. In no event 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 Employer’s worksite designee months of January, March, May, July, September and November. The other two arbitrators will be a member
STEP 2asked to set aside one fixed day (same day each month) in the months of February, April, June, August, October and December. If These dates will be used for the Step 1 response is not satisfactory purpose of hearing grievances concerning employee discharge or a response suspension of thirty (30) days or more, for which the Union 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 response 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, requested arbitration 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.
STEP 3. An appeal 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 grievancescontract grievance/arbitration provisions contained in Section 2, or to for other cases for which 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 Union has been given. If requested arbitration and where the parties fail mutually agree 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 the arbitrator shall be final and binding on both parties. The arbitrator shall be required to issue a decision within 30 days after the close of the hearinguse this expedited procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee officer has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee officer has submitted a contract grievance, or the employee officer shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the employee officer or not accepted by the Commission within 15 working days the time limits prescribed in Section 2 of the date of the occurrence of the action giving rise to the grievancethis Article, the processing of a timely filed contract grievance filed within the 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, Agreement shall be processed in the following manner:
STEP 1. The employeeofficer, either alone, or accompanied by a Alliance the Union Representative, or the Alliance Representative, Union Representative where entitled, shall present the grievance in writing to the Employer's worksite designee Game Commission Labor Relations Coordinator within 15 fifteen (15) working days of the date of the occurrence giving rise to the dispute, or when the employee officer knew or by reasonable diligence should have known of the occurrence. In no event will the Employer’s worksite designee be a member.
STEP 2. If the Step 1 response is not satisfactory satisfactory, or a response has not been received by the Alliance Union within 15 fifteen (15) working days of the Step 1 meetingMeeting, the Alliance Union shall have 15 fifteen (15) working days after the EmployerCommonwealth's response is received or due due, to appeal the decision by filing its grievance with the appropriate Joint Pennsylvania State CommitteeArea Committee referred to in Article 1 of the attached Rules of Procedure. 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 Such submission shall be made in writing, and shall be filed in accordance with the established procedures with the Office of Administration, Bureau of Labor Relations (OA-BLR - 404 Finance Building, Harrisburg, PA 17120).
STEP 3. Failure of the respective Joint Area Committees to resolve the grievance at Step 2 of this procedure (i.e. a form "deadlock" result at the Area Committee Level) shall cause the matter to automatically move to Step 3 of this procedure. No additional appeal submission or filing shall be required for "deadlocked" cases to be established by each docketed with the Joint Pennsylvania State Committee. The Alliance shall file Commonwealth grievances to However, when such docketing occurs, 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 meeting to the affected Employer Game Commission (Division Human Resource Services Division) and Council 13 of Labor RelationsAFSCME (Grievance Department 0000 Xxxxxxxxx Xxxx Xxxxx, Xxxxxxxxxx, XX 00000-0000), if applicable, and to the Pennsylvania Doctors Alliance.
STEP 34. An appeal from a deadlocked decision at Step 2 3 may be initiated by the Alliance Union, by written notice of the intent to proceed to arbitration. This notice must be sent within 15 fifteen (15) working days after the deadlocked decision from Step 2 3 to the Office of Administration, Administration (Bureau of Labor Relations Relations, 000 Xxxxxxx Xxxxxxxx, Xxxxxxxxxx, XX 17120), and the affected Employer Game Commission (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 the arbitrator shall be final and binding on both parties. The arbitrator shall be required to issue a decision within 30 days after the close of the hearingHuman Resource Services Division).
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee has submitted a contract grievance, or 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 l5 working days of the date of the occurrence of the action giving rise to the grievance, the processing of a contract grievance filed within the 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, meaning or interpretation of this Agreement, except for grievances alleging a violation of Article 22, Agreement shall be processed settled in the following manner:
STEP 1. The employee, either alone, alone or accompanied by a Alliance Representativethe Union representative, or the Alliance Representative, Union where entitled, shall present the grievance orally or in writing to the Employer's worksite designee immediate supervisor, or in the case of the Department of Public Welfare, to the District Manager of a
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 Department of Public Welfare, 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 I response is due or received. 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 may 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, Office of Administration and shall contain a copy of the Step 2 and 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 unfavorable decision at Step 4 may be initiated by the Union serving upon the Employer a notice in writing of the intent to proceed to arbitration within 20 working days after the 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 the occurrence giving rise to the dispute, or when the employee Union knew or by reasonable diligence diligence, should have known of the its occurrence. In no event will the Employer’s worksite designee be a member
STEP 2. If the Step 1 response is not satisfactory or a response has not addition, if Health & Safety concerns have 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 response is received or due to appeal the decision by filing its grievance discussed with the Joint Pennsylvania State CommitteeLocal Health & Safety Committee and cannot be resolved, then grievances concerning the issues discussed can be submitted directly to the third step.
Section 3. The Commonwealth parties will meet 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.
STEP 3. An appeal 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 upon a list of seven possible arbitrators to the respective Co-Chairpersonsfour (4) arbitrators. The Co-Chairpersons shallfirst two of these arbitrators will be asked to set aside one fixed day (same day each month) in the months of January, within 15 working days of the receipt of said listMarch, select the arbitrator by alternately striking one name from the list until one name remainsMay, July, September and November. The Employer Chairperson shall strike other two arbitrators will be asked to set aside one fixed day (same day each month) in the first namemonths of February, April, June, August, October and December. Each case shall These dates will be considered on its merits and used for the collective bargaining agreement shall constitute the basis upon purpose of hearing grievances concerning employee discharge or a suspension of thirty (30) days or more, for 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 the arbitrator shall 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.Union has requested
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Human Relations Commission and files an appeal with or the Equal Employment Opportunity Commission, and that employee files a complaint with either of these Commissions and also initiates a grievance under the contract grievance procedure shall ceaseprocedure, if the parties agree to suspend the processing of the grievance, except for a grievance involving the discharge or promotion of an employee, for the period during which the Commission complaint is being pursued by the employee. When the Commission renders a decision, the employee has submitted a contract grievance, or the employee Union where applicable, shall not be entitled have 12 working days from the date of the Commission decision to institute notify the University to reinstitute 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 date of the occurrence of the action giving rise to the grievance, the processing of a contract grievance filed within the 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, meaning or interpretation of this Agreement, except for grievances alleging a violation of Article 22, Agreement shall be processed settled in the following manner:
STEP 1. The employee, either alone, alone or accompanied by a Alliance Representativethe Union representative, or the Alliance Representative, Union where entitled, shall present the grievance in writing to the Employer's worksite University President or management designee within 15 with 12 working days of the date of the its occurrence giving rise to the dispute, or when the employee knew or by reasonable diligence should have known knowledge of the its occurrence. In no event will the Employer’s worksite designee be a member.
STEP 2. If In the Step 1 response is not satisfactory or a response event the grievance has not been received satisfactorily resolved at Step 1, written appeal may be made by the Alliance within 15 working days of the Step 1 meeting, the Alliance shall have 15 working days after the Employer's response is received employee 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 Union representative to the Office of the Chancellor, Labor Relations Unit, in accordance with established procedureswithin 12 working days after the Step 1 decision is due. 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 The appeal shall contain a copy of the scheduled meeting. Dockets will be sent to grievance and a copy of the affected Employer (Division of Labor Relations)Step 1 decision, if applicable, and to the Pennsylvania Doctors Allianceissued.
STEP 3. An appeal from a deadlocked an unfavorable 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 Union serving upon the Office of the Chancellor, Labor Relations Unit for Pennsylvania State System a notice in writing of Higher Education grievances. The impartial arbitrator is its intent to be selected by agreement between the Co-Chairpersons of the respective Joint Pennsylvania State Committee proceed to arbitration within 15 12 working days after the Step 2 decision is due. Said 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 identify the provisions of the Agreement, the University, the employee involved, and shall include a copy of the grievance.
Section 3. An employee shall be permitted to have a representative of the Union at each step of the grievance procedure up to and including Step 2. Regardless of whether or not an employee wants Union representation, a Union representative will be given an opportunity to be present at the adjustment of the grievance and such adjustment will not be inconsistent with the terms of this Agreement.
Section 4. The arbitrator parties agree to meet and discuss at the request of either party concerning matters relating to the processing of grievances at any mutually agreed upon worksite.
Section 5. Step 3 of this grievance procedure shall not apply to grievances, which allege a violation of Article 23, Sections 1 or 3-Classification. Such grievances 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 processed in accordance with Section 2 of the Step 2 Joint State Committee or by the arbitrator shall be final and binding on both parties. The arbitrator shall be required to issue a decision within 30 days after the close of the hearingthat Article.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee has submitted a contract grievance, or 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 l5 working days of the date of the occurrence of the action giving rise to the grievance, the processing of a contract grievance filed within the 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, meaning or interpretation of this Agreement, except for grievances alleging a violation of Article 22, Agreement shall be processed settled in the following manner:
STEP 1. The employee, either alone, alone or accompanied by a Alliance Representativethe Union representative, or the Alliance Representative, Union where entitled, shall present the grievance orally or in writing to the Employer's worksite designee immediate supervisor, or in the case of the Department of Human Services, to the District Manager of a district office of a County Assistance Office or to a designated management representative in a single office County Assistance Office, an institution, or a Youth Development Center, within 15 working days of the date of the occurrence giving rise to the disputeits occurrence, or when the employee knew or by reasonable diligence diligence, should have known of the its occurrence. In no event will The supervisor or designated management representative shall attempt to resolve the Employer’s worksite designee be a member
STEP 2. If matter and report the Step 1 response is not satisfactory decision to the employee orally or a response has not been received by the Alliance in writing within 15 working days of its presentation.
STEP 2. In the event the grievance is not settled at Step 1 meeting1, the Alliance shall have 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 Department 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 Employer's Step I response is received due or due to appeal the decision by filing its grievance with the Joint Pennsylvania State Committeereceived. The Commonwealth official receiving the written appeal, or the designated representative, shall respond in writing to the employee 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 Union representative within 15 working days after receipt 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 Allianceappeal.
STEP 3. An appeal from a deadlocked 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 may 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, Office of Administration and shall contain a copy of the Step 2 and 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 unfavorable decision at Step 4 may be initiated by the Alliance by written Union serving upon the Employer a notice in writing of the intent to proceed to arbitration. This notice must be sent arbitration within 15 20 working days after the deadlocked decision response from Step 2 to 4 is due or received. Said notice shall identify the Office of Administration, Bureau of Labor Relations and the affected Employer (Division of Labor Relations) for Commonwealth grievances, or to the Office provisions of the ChancellorAgreement, Labor Relations Unit for Pennsylvania State System the department, the employee involved, and a copy of Higher Education grievancesthe grievance. The impartial arbitrator is Union may present grievances concerning agency-wide decisions directly 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, Step 3 within 15 working days of the receipt date of said listoccurrence or when the Union knew or by reasonable diligence, select should have known of its occurrence. In addition, if Health & Safety concerns have been discussed with the arbitrator by alternately striking one name from Local Health & Safety Committee and cannot be resolved, then grievances concerning the list until one name remainsissues discussed can be submitted directly to the third step.
Section 3. The Employer Chairperson shall strike 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 first namemonths of January, March, May, July, September and November. Each case shall The other two arbitrators will be considered on its merits 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 collective bargaining agreement shall constitute the basis upon purpose of hearing grievances concerning employee discharge or a suspension of thirty (30) days or more, for which the decision shall be rendered. The arbitrator shall neither add toUnion has requested arbitration in accordance with the contract grievance/arbitration provisions contained in Section 2, subtract from, nor modify or for other cases for which the provisions of the Agreement. The arbitrator shall be confined to the precise issue submitted for Union has requested arbitration and shall have no authority where the parties mutually agree to determine any other issues not so submitted. A decision of the Step 2 Joint State Committee or by the arbitrator shall be final and binding on both parties. The arbitrator shall be required to issue a decision within 30 days after the close of the hearinguse this expedited procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee has submitted a contract grievance, or 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 date of the occurrence of the action giving rise to the grievance, the processing of a contract grievance filed within the time limits set forth in Section 2 shall be permitted. Additionally, if the appeal to the Commission is not accepted outside the time limits prescribed in Section 2 of this Article, the employee shall be entitled to institute proceedings under the contract grievance procedure within fifteen (15) working days of the date of the Commission’s denial of appeal. Any grievance appealed outside the fifteen (15) working day limit shall be considered untimely filed.
Section 2. Any grievance or dispute which may arise during the term of this Agreement concerning the application, meaning, meaning or interpretation of this Agreement, except for grievances alleging a violation of Article 22, Agreement shall be processed settled in the following manner:
STEP Step 1. The employee, either alone, or accompanied by a Alliance Representative, or the Alliance Representative, where entitled, grievant shall present the grievance orally or in writing to the Employer's worksite designee immediate supervisor within 15 working days of after the date of the occurrence giving rise to the dispute, grievance 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
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 Employerdate on which the grievant learned or reasonably should have learned of such occurrence, whichever is later. The immediate supervisor shall attempt to resolve the matter and report a decision to the grievant within 15 working days after its presentation. Grievances presented in writing shall be answered in writing.
Step 2. In the event the grievance is not settled at Step 1, it may be appealed in writing to the head of the division or bureau within 15 working days after the immediate supervisor's response is received or due to due. Upon receipt of appeal, the official receiving the appeal the decision by filing its grievance shall, within 15 working days, meet with the Joint Pennsylvania State Committeecomplainant, if any, and the Federation Representative in an effort to adjust the matter to the satisfaction of all concerned. Within 15 working days after the meeting, the official shall communicate a decision in writing to the complainant, if any, the Federation Representative and the immediate supervisor.
Step 3. An appeal from an unfavorable decision at Step 2 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The Commonwealth and department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Pennsylvania State System Federation President within 15 working days after receipt of Higher Education shall operate separate Joint Pennsylvania State Committeesthe appeal. Appeals submitted to either the Commonwealth or Pennsylvania State System of Higher Education State Committee A meeting shall be made in writing, in a form held if requested by either party to be established by each Committeemake an effort to adjust the matter to the satisfaction of all concerned. The Alliance written appeal shall file Commonwealth grievances identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be required to submit a current job description for appeals submitted under the provisions of Section 1, Article 34.
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Office of Administration, Bureau of Labor Relations, and Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall file Pennsylvania State System request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau of Higher Education grievances Labor Relations shall issue a decision in writing to the Office Federation President within 15 working days after either receipt of the Chancellor, Labor Relations Unit, in accordance with established procedures. These offices will officially "docket" all grievances submitted by appeal or after 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 Allianceone is held.
STEP 3Step 5. An appeal from a deadlocked an unfavorable decision at Step 2 4 may be initiated by the Alliance by written Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Labor Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. This notice must If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be sent within 15 deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working days after hours on the deadlocked Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employe Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision from Step 2 at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of AdministrationAdministration may be processed through the grievance procedure, Bureau of Labor Relations and the affected Employer (Division of Labor Relations) for Commonwealth grievancesprovided, or to the Office of the Chancellorhowever, 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 at Step 2 Joint State Committee or by the arbitrator 3 shall be final and binding on both parties. The arbitrator as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be required final and binding as to issue a decision within 30 days after rule, regulation, policy, practice and/or procedure issued by the close Executive Board or Office of the hearingAdministration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee has submitted a contract grievance, or 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 date of the occurrence of the action giving rise to the grievance, the processing of a contract grievance filed within the time limits set forth in Section 2 shall be permitted. Additionally, if the appeal to the Commission is not accepted outside the time limits prescribed in Section 2 of this Article, the employee shall be entitled to institute proceedings under the contract grievance procedure within fifteen (15) working days of the date of the Commission’s denial of appeal. Any grievance appealed outside the fifteen (15) working day limit shall be considered untimely filed.
Section 2. Any grievance or dispute which may arise during the term of this Agreement concerning the application, meaning, meaning or interpretation of this Agreement, except for grievances alleging a violation of Article 22, Agreement shall be processed settled in the following manner:
STEP Step 1. The employee, either alone, or accompanied by a Alliance Representative, or the Alliance Representative, where entitled, grievant shall present the grievance orally or in writing to the Employer's worksite designee immediate supervisor within 15 working days of after the date of the occurrence giving rise to the dispute, grievance 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
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 Employerdate on which the grievant learned or reasonably should have learned of such occurrence, whichever is later. The immediate supervisor shall attempt to resolve the matter and report a decision to the grievant within 15 working days after its presentation. Grievances presented in writing shall be answered in writing.
Step 2. In the event the grievance is not settled at Step 1, it may be appealed in writing to the head of the division or bureau within 15 working days after the immediate supervisor's response is received or due to due. Upon receipt of appeal, the official receiving the appeal the decision by filing its grievance shall, within 15 working days, meet with the Joint Pennsylvania State Committee. The Commonwealth complainant, if any, and the Pennsylvania State System of Higher Education shall operate separate Joint Pennsylvania State Committees. Appeals submitted Federation Representative in an effort to either adjust 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 matter to the Office satisfaction of Administrationall concerned. Within 15 working days after the meeting, Bureau of Labor Relations, and the official shall file Pennsylvania State System of Higher Education grievances communicate a decision in writing 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)complainant, if applicableany, the Federation Representative and to the Pennsylvania Doctors Allianceimmediate supervisor.
STEP Step 3. An appeal from a deadlocked an unfavorable decision at Step 2 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau of Employee Relations shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Alliance by written Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. This notice must If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be sent within 15 deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working days after hours on the deadlocked Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision from Step 2 at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of AdministrationAdministration may be processed through the grievance procedure, Bureau of Labor Relations and the affected Employer (Division of Labor Relations) for Commonwealth grievancesprovided, or to the Office of the Chancellorhowever, 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 at Step 2 Joint State Committee or by the arbitrator 3 shall be final and binding on both parties. The arbitrator as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be required final and binding as to issue a decision within 30 days after rule, regulation, policy, practice and/or procedure issued by the close Executive Board or Office of the hearingAdministration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee has submitted a contract grievance, or 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 l5 working days of the date of the occurrence of the action giving rise to the grievance, the processing of a contract grievance filed within the 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, meaning or interpretation of this Agreement, except for grievances alleging a violation of Article 22, Agreement shall be processed settled in the following manner:
STEP 1. The employee, either alone, alone or accompanied by a Alliance Representativethe Union representative, or the Alliance Representative, Union where entitled, shall present the grievance orally or in writing to the Employer's worksite designee immediate supervisor, or in the case of the Department of Public Welfare, to the District Manager of a district office of a County Assistance Office or to a designated management representative in a single office County Assistance Office, an institution, or a Youth Development Center, within 15 working days of the date of the occurrence giving rise to the disputeits occurrence, or when the employee knew or by reasonable diligence diligence, should have known of the its occurrence. In no event will The supervisor or designated management representative shall attempt to resolve the Employer’s worksite designee be a member
STEP 2. If matter and report the Step 1 response is not satisfactory decision to the employee orally or a response has not been received by the Alliance in writing within 15 working days of its presentation.
STEP 2. In the event the grievance is not settled at Step 1 meeting1, the Alliance shall have 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 Department of Public Welfare, to the Executive Director of a County Assistance Office, Institution Superintendent, or Director of a Youth Development Center, within 15 working days after the Employer's Step I response is received due or due to appeal the decision by filing its grievance with the Joint Pennsylvania State Committeereceived. The Commonwealth official receiving the written appeal, or the designated representative, shall respond in writing to the employee 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 Union representative within 15 working days after receipt 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 Allianceappeal.
STEP 3. An appeal from a deadlocked an unfavorable decision at Step 2 shall be presented by the employee or Union representative to the agency head or designated representative within 15
STEP 4. In the event the grievance has not been satisfactorily resolved in Step 3, written appeal may 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, Office of Administration and shall contain a copy of the Step 2 and 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 unfavorable decision at Step 4 may be initiated by the Alliance by written Union serving upon the Employer a notice in writing of the intent to proceed to arbitration. This notice must be sent arbitration within 15 20 working days after the deadlocked decision response from Step 2 to 4 is due or received. Said notice shall identify the Office of Administration, Bureau of Labor Relations and the affected Employer (Division of Labor Relations) for Commonwealth grievances, or to the Office provisions of the ChancellorAgreement, Labor Relations Unit for Pennsylvania State System the department, the employee involved, and a copy of Higher Education grievancesthe grievance. The impartial arbitrator is Union may present grievances concerning agency-wide decisions directly 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, Step 3 within 15 working days of the receipt date of said listoccurrence or when the Union knew or by reasonable diligence, select should have known of its occurrence. In addition, if Health & Safety concerns have been discussed with the arbitrator by alternately striking one name from Local Health & Safety Committee and cannot be resolved, then grievances concerning the list until one name remainsissues discussed can be submitted directly to the third step.
Section 3. The Employer Chairperson shall strike 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 first namemonths of January, March, May, July, September and November. Each case shall The other two arbitrators will be considered on its merits 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 collective bargaining agreement shall constitute the basis upon purpose of hearing grievances concerning employee discharge or a suspension of thirty (30) days or more, for which the decision shall be rendered. The arbitrator shall neither add toUnion has requested arbitration in accordance with the contract grievance/arbitration provisions contained in Section 2, subtract from, nor modify or for other cases for which the provisions of the Agreement. The arbitrator shall be confined to the precise issue submitted for Union has requested arbitration and shall have no authority where the parties mutually agree to determine any other issues not so submitted. A decision of the Step 2 Joint State Committee or by the arbitrator shall be final and binding on both parties. The arbitrator shall be required to issue a decision within 30 days after the close of the hearinguse this expedited procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee officer has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee officer has submitted a contract grievance, or the employee officer shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the employee officer or not accepted by the Commission within 15 working days of the date of the occurrence of the action giving rise to the grievance, the processing of a contract grievance filed within the 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 Agreement, concerning the application, meaning, or interpretation of this Agreement, except for grievances alleging a violation of Article 2223, (Classification) shall be processed in the following manner:
STEP 1. The employeeofficer, either alone, or accompanied by a Alliance an FOP Lodge #114 Representative, or the Alliance FOP Representative, where entitled, shall present the grievance in writing to the Employer's worksite designee Game Commission’s Labor Relations Coordinator within 15 working days of the date of the occurrence giving rise to the dispute, or when the employee officer knew or by reasonable diligence should have known of the occurrence. In no event addition, in order for a grievance to be discussed at Step 1, the Game Commission Labor Relations Coordinator must have received a written confirmation of the 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 Game Commission Labor Relations Coordinator or his designee and the FOP counterpart must schedule and meet on a monthly Step 1 basis, if necessary, in order to attempt to resolve all outstanding grievances. The location of the Step 1 meetings will be determined by the Employer’s worksite designee parties each month, but will generally be held at one of the Regional Offices of the Game Commission or in Harrisburg. 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. Any agreed upon final settlement of a membergrievance reached at Step 1 shall be reduced to writing and signed by the FOP and the Game Commission Labor Relations Coordinator. Decisions at Step 1 shall not be used as precedent for any subsequent case, unless the parties agree in writing as part of a Step 1 grievance settlement. 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 Game Commission Labor Relations Coordinator must, if the case is not settled at this point, make a written disposition of the matter to the FOP 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 FOP within 15 working days of the Step 1 meeting, the Alliance FOP shall have 15 working days after the Employer's Commonwealth’s response 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 FOP shall file Commonwealth grievances the grievance in writing to the Office of Administration, Bureau of Labor RelationsRelations (404 Finance Building, and shall file Pennsylvania State System of Higher Education grievances to the Office of the ChancellorHarrisburg, Labor Relations Unit, PA 17120) in accordance with established procedures. These offices The Bureau of Labor Relations will officially "docket" all grievances submitted by the Alliance FOP and will furnish official notice confirming the docketing of all cases scheduled to be heard by the respective Joint 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, Pennsylvania Game Commission and to the FOP, Conservation Police Officers Lodge #114. Failure of the FOP to submit grievances to the Pennsylvania Doctors AllianceJoint State Committee within the 15 day appeal period specified above shall be cause for the Commonwealth to consider the matter "settled and withdrawn." Any later discovered or developed evidence, not previously disclosed to the 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 (excluding holidays and Saturdays/Sundays) before the Step 2 Committee hearing. (See Rule 4, Section 3 of Appendix E for exceptions.) The Step 2 State Committee 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. Decisions of the Joint Pennsylvania State Committee shall not operate as precedent, unless the parties agree in writing as a part of a Step 2 decision. The Committee shall neither add to, subtract from, nor modify the provisions of the Agreement. The Committee 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 will be considered "deadlocked".
STEP 3. An appeal from a deadlocked decision at Step 2 may be initiated by the Alliance FOP 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 Relations, (Division of Labor Relations) for Commonwealth grievances404 Finance Building, or to the Office of the ChancellorHarrisburg, Labor Relations Unit for Pennsylvania State System of Higher Education grievancesPA 17120). The impartial arbitrator is to be selected by agreement between the Co-respective 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 American Arbitration Association to submit a list of seven possible arbitrators to the respective Co-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 Commonwealth 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 the arbitrator shall 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. Both the Commonwealth and the Union recognize that the period between the first day of archery season till the end of muzzleloader season is an extremely busy time for all Pennsylvania Game Commission Personnel. In view of this recognition, both parties agree to attempt to avoid the scheduling of non-discharge arbitration cases during this period of time, unless there exists a case with a substantial monetary dispute. Arbitration of grievances alleging a violation of Article 25, Sections 4, 5, 6, 7, and 8, will be conducted by an Arbitration Panel as described in Article 25, Section 12.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee has submitted a contract grievance, or 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 date of the occurrence of the action giving rise to the grievance, the processing of a contract grievance filed within the time limits set forth in Section 2 shall be permitted.contract
Section 2. Any grievance or dispute which may arise during the term of this Agreement concerning the application, meaning, meaning or interpretation of this Agreement, except for grievances alleging a violation of Article 22, the Agreement shall be processed in the following manner:
STEP 1. The employee, either alone, alone or accompanied by a Alliance Representative, the Association representative or the Alliance RepresentativeAssociation through its representative, where entitled, shall present the grievance in writing to the Employer's worksite designee within 15 working calendar days of the date of the occurrence giving rise to the dispute, 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.
STEP 2. If the Step 1 response is not satisfactory satisfactory, or a response has not been received by the Alliance Association within 15 working calendar days of the Step 1 meetingMeeting, the Alliance Association shall have 15 working calendar days after the EmployerCommonwealth's response is received or due due, to appeal the decision by filing its grievance with the Joint Pennsylvania State Committee (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 Such submission shall be made in writing, and shall be filed in a form to be accordance with the established by each Committee. The Alliance shall file Commonwealth grievances to procedures with the Office of Administration, Bureau of Labor Relations, and shall file Pennsylvania State System Employee Relations (OA-BER) in accordance with the established procedures. Failure of Higher Education the Association to submit grievances to the Office of Committee within the Chancellor15 calendar day appeal period specified above, Labor Relations Unit, in accordance with established procedures. These offices will officially "docket" all grievances submitted by shall be cause for the Alliance and will furnish official notice confirming Commonwealth to consider 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 Alliancegrievance withdrawn.
STEP 3. An appeal from a deadlocked decision at Step 2 may be initiated by the Alliance Association, by written notice of the intent to proceed to arbitration. This notice must be sent within 15 working calendar days after the deadlocked decision from Step 2 to the Office of Administration, Administration (Bureau of Labor Relations Employee Relations) and the affected Employer (Division Human Resource Office, Department of Labor Relations) for Commonwealth grievancesand Industry.
Section 3. All of the time limits contained in this Article may be extended by mutual agreement. The granting of any extension at any step shall not be deemed to establish a precedent.
Section 4. An employee shall be permitted to have a representative of the Association present at each step of the grievance procedure up to and including Step 2; subject however, to Section 606, Article VI of the Public Employes Relations Act. Upon request by an employee or Association representative, a Step 1 grievance meeting will be postponed or rescheduled, if necessary, if an Association representative is temporarily unavailable to the Office of employee. Where this occurs, the Chancellor, Labor Relations Unit time limits for Pennsylvania State System of Higher Education grievancesresponse to the grievance will be suspended during the postponement period.
Section 5. The impartial arbitrator is to be selected by agreement between Committee will function under the Co-Chairpersons Rules 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 the arbitrator shall 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.Procedure in Appendix H.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee officer has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee officer has submitted a contract grievance, or the employee officer shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the employee officer or not accepted by the Commission within 15 working days of the date of the occurrence of the action giving rise to the grievance, the processing of a contract grievance filed within the 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 Agreement, concerning the application, meaning, or interpretation of this Agreement, except for grievances alleging a violation of Article 2223, (Classification) shall be processed in the following manner:
STEP 1. The employeeofficer, either alone, or accompanied by a Alliance an FOP Lodge #114 Representative, or the Alliance FOP Representative, where entitled, shall present the grievance in writing to the Employer's worksite designee Game Commission’s Labor Relations Coordinator within 15 working days of the date of the occurrence giving rise to the dispute, or when the employee officer knew or by reasonable diligence should have known of the occurrence. In no event will the Employer’s worksite designee be a member.
STEP 2. If the Step 1 response is not satisfactory or a response has not been received by the Alliance FOP within 15 working days of the Step 1 meeting, the Alliance FOP shall have 15 working days after the Employer's Commonwealth’s response 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 FOP shall file Commonwealth grievances the grievance in writing to the Office of Administration, Bureau of Labor RelationsRelations (404 Finance Building, and shall file Pennsylvania State System of Higher Education grievances to the Office of the ChancellorHarrisburg, Labor Relations Unit, PA 17120) in accordance with established procedures. These offices The Bureau of Labor Relations will officially "docket" all grievances submitted by the Alliance FOP and will furnish official notice confirming the docketing of all cases scheduled to be heard by the respective Joint 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, Pennsylvania Game Commission and to the Pennsylvania Doctors AllianceFOP, Conservation Police Officers Lodge #114.
STEP 3. An appeal from a deadlocked decision at Step 2 may be initiated by the Alliance FOP 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 Relations, (Division of Labor Relations) for Commonwealth grievances404 Finance Building, or to the Office of the ChancellorHarrisburg, 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 the arbitrator shall be final and binding on both parties. The arbitrator shall be required to issue a decision within 30 days after the close of the hearingPA 17120).
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee officer has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee officer has submitted a contract grievance, or the employee officer shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the employee officer or not accepted by the Commission within 15 working days of the date of the occurrence of the action giving rise to the grievance, the processing of a contract grievance filed within the 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, meaning or interpretation of this Agreement, except for grievances alleging a violation or relating to entitlement to benefits under Act 193 of Article 22, shall be processed in the following manner:1935,
STEP 1. The employee, officer either alone, alone or accompanied by a Alliance Representative, the FOP representative or the Alliance Representative, FOP where entitled, shall present the grievance in writing to the Employer's worksite Director of the Bureau of Police and Safety or his/her 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 its occurrence. In no event The Director or a designated representative shall respond in writing to the officer and the FOP representative within 15 working days after receipt of the appeal. If the Commonwealth wishes to initiate a grievance regarding an officer’s entitlement to Heart and Lung Act benefits (including but not limited to termination, suspension or modification of benefits or the reasonableness or necessity of medical treatment), that grievance will commence immediately at Step 3 of the Employer’s worksite designee be a membergrievance procedure.
STEP 2. If In the Step 1 response is not satisfactory or a response event the grievance has not been received satisfactorily resolved in Step 1, a written appeal shall be submitted by the Alliance within 15 working days of the Step 1 meeting, the Alliance shall have 15 working days after the Employer's response is received officer 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 FOP to the Office of Administration, Bureau of Labor Employee Relations, . The written appeal shall be made and shall file Pennsylvania State System of Higher Education grievances to the Office postmarked within 15 working days of the Chancellor, Labor Relations Unit, in accordance with established proceduresDirector’s Step 1 written decision. These offices will officially "docket" all grievances submitted by the Alliance and will furnish official notice confirming the docketing of all cases scheduled The written appeal to be heard by the respective State Committee, along with the date, place, and time Step 2 shall contain a copy of the scheduled meetinggrievance and a copy of the Step 1 decision. Dockets A copy will also be sent to the affected Employer (Division of Labor Relations), if applicable, and to the Pennsylvania Doctors AllianceFOP President.
STEP 3. An appeal from a deadlocked decision If the grievance is not satisfactorily resolved by the Grievance Committee at Step 2 2, the grievance may be initiated scheduled for arbitration by the Alliance FOP Grievance Board Chairman by written notice serving upon the Bureau of Employee Relations’ representative notice, within fifteen (15) days of the Grievance Committee meeting, of its intent to proceed to arbitration. This The Commonwealth may schedule a grievance for arbitration related to an officer’s entitlement to benefits under the Heart and Lung Act by serving upon the FOP Grievance Board Chairman notice must be sent within 15 working days after the deadlocked decision from Step 2 of its intent to the Office of Administration, Bureau of Labor Relations and the affected Employer (Division of Labor Relations) for Commonwealth grievances, or proceed to the Office of the Chancellor, Labor Relations Unit for Pennsylvania State System of Higher Education grievancesarbitration.
Section 3. The impartial arbitrator is to be selected by agreement between FOP shall furnish the Co-Chairpersons Employer with the names and work locations 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 grievance representatives and shall have no authority to determine notify the Employer of any other issues not so submitted. A decision of the Step 2 Joint State Committee or by the arbitrator shall be final and binding on both parties. The arbitrator shall be required to issue a decision within 30 days after the close of the hearingchanges.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee officer has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee officer has submitted a contract grievance, or the employee officer shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the employee officer or not accepted by the Commission within 15 working days of the date of the occurrence of the action giving rise to the grievance, the processing of a contract grievance filed within the 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 Agreement, concerning the application, meaning, or interpretation of this Agreement, except for grievances alleging a violation of Article 2223, (Classification) shall be processed in the following manner:
STEP 1. The employeeofficer, either alone, or accompanied by a Alliance an FOP Lodge #114 Representative, or the Alliance FOP 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 memberin
STEP 2. If the Step 1 response is not satisfactory or a response has not been received by the Alliance FOP within 15 working days of the Step 1 meeting, the Alliance FOP shall have 15 working days after the Employer's Commonwealth’s response 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 FOP shall file Commonwealth grievances the grievance in writing to the Office of Administration, Bureau of Labor RelationsEmployee Relations (404 Finance Building, and shall file Pennsylvania State System of Higher Education grievances to the Office of the ChancellorHarrisburg, Labor Relations Unit, PA 17120) in accordance with established procedures. These offices The Bureau of Employee Relations will officially "docket" all grievances submitted by the Alliance FOP and will furnish official notice confirming the docketing of all cases scheduled to be heard by the respective Joint 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, Pennsylvania Game Commission and to the Pennsylvania Doctors AllianceFOP, Conservation Police Officers Lodge #114.
STEP 3. An appeal from a deadlocked decision at Step 2 may be initiated by the Alliance FOP 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 Employee Relations, (Division of Labor Relations) for Commonwealth grievances404 Finance Building, or to the Office of the ChancellorHarrisburg, 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 the arbitrator shall be final and binding on both parties. The arbitrator shall be required to issue a decision within 30 days after the close of the hearingPA 17120).
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee officer has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee officer has submitted a contract grievance, or the employee officer shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the employee officer or not accepted by the Commission within 15 working days of the date of the occurrence of the action giving rise to the grievance, the processing of a contract grievance filed within the 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 Agreement, concerning the application, meaning, or interpretation of this Agreement, except for grievances alleging a violation of Article 2223, (Classification) shall be processed in the following manner:
STEP 1. The employeeofficer, either alone, or accompanied by a Alliance an FOP Lodge #114 Representative, or the Alliance FOP Representative, where entitled, shall present the grievance in writing to the Employer's worksite designee Game Commission’s Labor Relations Coordinator within 15 working days of the date of the occurrence giving rise to the dispute, or when the employee officer knew or by reasonable diligence should have known of the occurrence. In no event will the Employer’s worksite designee be a member.
STEP 2. If the Step 1 response is not satisfactory or a response has not been received by the Alliance FOP within 15 working days of the Step 1 meeting, the Alliance FOP shall have 15 working days after the Employer's Commonwealth’s response 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 FOP shall file Commonwealth grievances the grievance in writing to the Office of Administration, Bureau of Labor RelationsEmployee Relations (404 Finance Building, and shall file Pennsylvania State System of Higher Education grievances to the Office of the ChancellorHarrisburg, Labor Relations Unit, PA 17120) in accordance with established procedures. These offices The Bureau of Employee Relations will officially "docket" all grievances submitted by the Alliance FOP and will furnish official notice confirming the docketing of all cases scheduled to be heard by the respective Joint 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, Pennsylvania Game Commission and to the Pennsylvania Doctors AllianceFOP, Conservation Police Officers Lodge #114.
STEP 3. An appeal from a deadlocked decision at Step 2 may be initiated by the Alliance FOP 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 Employee Relations, (Division of Labor Relations) for Commonwealth grievances404 Finance Building, or to the Office of the ChancellorHarrisburg, 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 the arbitrator shall be final and binding on both parties. The arbitrator shall be required to issue a decision within 30 days after the close of the hearingPA 17120).
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee has submitted a contract grievance, or 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 date of the occurrence of the action giving rise to the grievancecalendar days, the processing of a timely filed contract grievance filed within the 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, meaning or interpretation of this Agreement, except for grievances alleging a violation of Article 22, the Agreement shall be processed in the following manner:
STEP 1. The employee, either alone, alone or accompanied by a Alliance Representative, the Association representative or the Alliance RepresentativeAssociation through its representative, where entitled, shall present the grievance in writing to the Employer's worksite designee within 15 working calendar days of the date of the occurrence giving rise to the dispute, 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 membertheoccurrence.
STEP 2. If the Step 1 response is not satisfactory satisfactory, or a response has not been received by the Alliance Association within 15 working calendar days of the Step 1 meetingMeeting, the Alliance Association shall have 15 working calendar days after the EmployerCommonwealth's response is received or due due, to appeal the decision by filing its grievance with the Joint Pennsylvania State Committee (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 Such submission shall be made in writing, and shall be filed in a form to be accordance with the established by each Committee. The Alliance shall file Commonwealth grievances to procedures with the Office of Administration, Bureau of Labor Relations, and shall file Pennsylvania State System Employee Relations (OA-BER) in accordance with the established procedures. Failure of Higher Education the Association to submit grievances to the Office of Committee within the Chancellor15 calendar day appeal period specified above, Labor Relations Unit, in accordance with established procedures. These offices will officially "docket" all grievances submitted by shall be cause for the Alliance and will furnish official notice confirming Commonwealth to consider 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 Alliancegrievancewithdrawn.
STEP 3. An appeal from a deadlocked decision at Step 2 may be initiated by the Alliance Association, by written notice of the intent to proceed to arbitration. This notice must be sent within 15 working calendar days after the deadlocked decision from Step 2 to the Office of Administration, Administration (Bureau of Labor Relations Employee Relations) and the affected Employer (Division Human Resource Office, Department of Labor Relations) for Commonwealth grievancesand Industry.
Section 3. All of the time limits contained in this Article may be extended by mutual agreement. The granting of any extension at any step shall not be deemed to establish a precedent.
Section 4. An employee shall be permitted to have a representative of the Association present at each step of the grievance procedure up to and including Step 2; subject however, to Section 606, Article VI of the Public Employes Relations Act. Upon request by an employee or Association representative, a Step 1 grievance meeting will be postponed or rescheduled, if necessary, if an Association representative is temporarily unavailable to the Office of employee. Where this occurs, the Chancellor, Labor Relations Unit time limits for Pennsylvania State System of Higher Education grievancesresponse to the grievance will be suspended during the postponement period.
Section 5. The impartial arbitrator is to be selected by agreement between Committee will function under the Co-Chairpersons Rules 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 the arbitrator shall 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.Procedure in Appendix H.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee officer has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee officer has submitted a contract grievance, or the employee officer shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the employee officer or not accepted by the Commission within 15 working days of the date of the occurrence of the action giving rise to the grievance, the processing of a contract grievance filed within the 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, meaning or interpretation of this Agreement, except for grievances alleging a violation of Article 22, Agreement shall be processed settled in the following manner:
STEP 1. The employee, officer either alone, alone or accompanied by a Alliance Representative, the FOP representative or the Alliance Representative, FOP where entitled, shall present the grievance in writing to the Employer's worksite Director of the Bureau of Police and Safety or his/her 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 its occurrence. In no event will The Director or a designated representative shall respond in writing to the Employer’s worksite designee be a memberofficer and the FOP representative within 15 working days after receipt of the appeal.
STEP 2. If the An appeal from an unfavorable decision at Step 1 shall be presented by the officer or FOP representative to the Secretary of General Services within 10 working days after the response from Step 1 is not satisfactory due. The Secretary of General Services or a response designated representative, shall respond in writing to the officer and FOP representative within 15 working days after receipt of the appeal. (This Step and paragraph shall be deleted effective March 10, 2000.)
a. In the event the grievance has not been received satisfactorily resolved in Step 2, written appeal may be made by the Alliance officer or FOP representative within 15 10 working days of the Step 2 decision to the Bureau of Labor Relations, Office of Administration, and shall contain a copy of the Step 1 meetingand Step 2 decisions. The Bureau of Labor Relations, Office of Administration, shall issue a decision in writing to the Alliance shall have 15 FOP within 12 working days after receipt of the Employer's response is received or due to appeal the decision by filing its grievance with the Joint Pennsylvania State Committee. The Commonwealth appeal.
b. Effective March 10, 2000, this Step shall become Step 2 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 Subsection a. shall be made replaced by the following: In the event the grievance has not been satisfactorily resolved in writingStep 1, in a form to written appeal shall be established submitted by each Committee. The Alliance shall file Commonwealth grievances the officer or FOP to the Office of Administration, Bureau of Labor Relations, . The written appeal shall be made and shall file Pennsylvania State System of Higher Education grievances to the Office postmarked within (15) working days of the Chancellor, Labor Relations Unit, in accordance with established proceduresDirector’s Step 1 written decision. These offices will officially "docket" all grievances submitted by the Alliance and will furnish official notice confirming the docketing of all cases scheduled The written appeal to be heard by the respective State Committee, along with the date, place, and time Step 2 shall contain a copy of the scheduled meetinggrievance and a copy of the Step 1 decision. Dockets A copy will also be sent to the affected FOP President. Upon receipt of the grievance at Step 2, either the representatives from the Bureau of Labor Relations or the FOP Grievance Board Chairman shall schedule a Grievance Committee meeting consisting of members from the Employer (Division no more than three) and the FOP Grievance Board (no more than three). The joint committee shall meet at least one day every other month unless the parties mutually agree otherwise. The Grievance Committee shall meet for the purpose of reviewing the grievances previously denied at Step 1 and appealed to Step 2 and matters of seniority addressed in Article 28 Seniority, Section 13 and discipline grieved directly to Step 2. A list of grievances to be discussed shall be sent to the Bureau of Labor Relations), if applicable, Relations representatives and the Director of Personnel under the Secretary of General Services by the FOP Grievance Board Chairman within seven (7) working days prior to the Pennsylvania Doctors Alliancegrievance committee meeting. The FOP Grievance Board shall have the authority to settle or withdraw any grievance which does not have merit and/or does not comply with the guidelines established by the FOP.
STEP 3. Effective March 10, 2000, if the grievance is not satisfactorily resolved by the Grievance Committee at Step 2, the grievance may be scheduled for arbitration by the FOP Grievance Board Chairman by serving upon the Bureau of Labor Relations’ representative notice, within (15) days of the Grievance Committee meeting, of its intent to proceed to arbitration.
STEP 4. An appeal from a deadlocked an unfavorable decision at Step 2 3 may be initiated by the Alliance by written FOP serving upon the Employer a notice in writing of the intent to proceed to arbitration. This notice must be sent arbitration within 15 working days after the deadlocked decision response 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 grievances3 is due. 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 Said 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 identify the provisions of the Agreement, the department, the officer involved, and a copy of the original grievance. (This Step and Paragraph shall be deleted effective March 10, 2000.)
Section 3. The arbitrator FOP shall be confined to furnish the precise issue submitted for arbitration Employer with the names and work locations of grievance representatives and shall have no authority to determine notify the Employer of any other issues not so submitted. A decision of the Step 2 Joint State Committee or by the arbitrator shall be final and binding on both parties. The arbitrator shall be required to issue a decision within 30 days after the close of the hearingchanges.
Appears in 1 contract
Samples: Collective Bargaining Agreement
