Common use of GRIEVANCES AND ARBITRATION Clause in Contracts

GRIEVANCES AND ARBITRATION. 1. For the purpose of this Agreement, a grievance is defined as a complaint, dispute, or controversy between the parties to the application or interpretation of this Agreement. All grievances shall be presented by either party to the other within five (5) working days of their origin in order to be raised in a timely fashion. All grievances not raised in a timely fashion or not processed in accordance with the time periods set out below shall be considered waived and abandoned. 2. The following procedure shall be followed exclusively in the settlement of all grievances arising under this Agreement. Step 1. The first step of the grievance procedure shall be between the employee and/or the shop xxxxxxx and the employee’s supervisor. If the employee is dissatisfied with the action taken by the supervisor on his grievance, the employee shall reduce the grievance to writing and present the written grievance to his supervisor within two (2) working days of the supervisor’s verbal response. Step 2. If the grievance is not resolved in Step 1, then the shop xxxxxxx shall forward the written grievance to the department head within three (3) working days of the response of the supervisor. Step 3. In the event that the grievance is not adjusted satisfactorily after the timely presentation of the written grievance to the department head, then a meeting between the Union Business Agent and a designated representative of the Hotel shall be arranged. Step 4. In the event that the grievance is not adjusted satisfactorily at Step 3, then the matter may be referred to the American Arbitration Association for final and binding arbitration within fourteen (14) calendar days of the unsatisfactory response to Step 3. It is understood that the parties, by mutual agreement, may extend the time periods for processing grievances. In the event that the Employer is the aggrieved party, the Employer may begin the processing of the grievance at Step 3. Grievances shall not be processed by shop stewards or Union officials during working hours, unless mutually agreed to between the Union and the Company. In the event that a grievance is referred to arbitration, the grievance shall be submitted to the Industrial Arbitration Tribunal of the American Arbitration Association with the request that the Association send to the parties a list of arbitrators pursuant to its procedures. A grievance in dispute shall be heard by the arbitrator, and his decision or award shall be final and binding upon the parties hereto. The expenses incident to the arbitration shall be borne equally by the Union and the Employer. Only one grievance at a time shall be heard by the arbitrator unless otherwise agreed to by the parties. The arbitrator shall not have the power to add to, subtract, or modify any of the terms of this Agreement.

GRIEVANCES AND ARBITRATION. Section 1. For Having a desire to create and maintain labor relations harmony between them, the purpose of this Agreementparties hereto agree that they will promptly attempt to adjust all disputes involving the interpretation, a grievance is defined as a complaint, disputeapplication, or controversy between alleged violation of a specific provision of the parties to the application or interpretation of this Agreement. All grievances shall be presented by either party to the other within five (5) working days of their origin in order to be raised in a timely fashion. All grievances not raised in a timely fashion or not processed in accordance with the time periods set out below shall be considered waived and abandoned. Section 2. The following procedure shall be followed exclusively in During the settlement processing of all grievances arising any matter under this AgreementArticle, the Federation agrees not to strike, render unfair reports or cause slowdowns, and the Employer agrees not to lock out employees represented by the Federation. Step 1. The first step Any dispute involving the interpretation, application, or alleged violation of the grievance procedure a specific provision of this Agreement shall be between the employee and/or the shop xxxxxxx and discussed with the employee’s supervisor. If the employee is dissatisfied with the action taken by the supervisor on his grievance, the employee shall reduce the grievance to writing and present the written grievance to his 's immediate supervisor within two fifteen (215) working days of the supervisor’s verbal responsegrievance. The immediate supervisor shall have fifteen (15) working days to respond. All grievances must be discussed with the immediate supervisor prior to the filing of a formal grievance and no formal grievance may be filed until the immediate supervisor has been given opportunity to attempt resolution. Step 2. If the grievance is not resolved informally, a formal grievance may be presented in writing within ten (10) working days from the receipt of the immediate supervisor's response of Step 11 to the appropriate Management official. The Management representative at the second step shall have ten (10) working days from the receipt of the grievance to respond in writing. Step 3. If the grievance is not resolved at Step 2, then the shop xxxxxxx shall forward the written grievance it may be presented to the department head director or their designee within three ten (310) working days of the response receipt of the supervisor. Step 32 response. In the event that The director shall have twenty (20) working days to respond to the grievance is not adjusted satisfactorily after the timely presentation of the written grievance to the department head, then a meeting between the Union Business Agent and a designated representative of the Hotel shall be arrangedin writing. Step 4. In Should the event that the grievance is not adjusted satisfactorily at matter remain unresolved after Step 3, then the parties will jointly contact a mediator within fifteen (15) working days of the director’s decision. If there is a cost associated, the parties will equally share costs. This step may be skipped if mutually agreed upon. Timeline for the grievance processing will be put on hold until the mediation is final. Step 5. Should the matter may be referred remain unresolved following mediation, the Federation shall, within fifteen (15) working days of mediation, notify the director and the Chief of State Office of Labor Relations of its decision to take the American Arbitration Association for grievance to final and binding arbitration within fourteen (14) calendar days of the unsatisfactory response to Step 3. It is understood that the parties, by mutual agreement, may extend the time periods for processing grievances. In the event that the Employer is the aggrieved party, the Employer may begin the processing of the grievance at Step 3. Grievances shall not be processed by shop stewards or Union officials during working hours, unless mutually agreed to between the Union and the Company. In the event that a grievance is referred to arbitration, the grievance shall be submitted to the Industrial Arbitration Tribunal of the American Arbitration Association with the request that the Association send to the parties a list of arbitrators pursuant to its procedures. A grievance in dispute shall be heard by the arbitrator, and his decision or award shall be final and binding upon the parties hereto. The expenses incident to the arbitration shall be borne equally by the Union and the Employer. Only one grievance at a time shall be heard by the arbitrator unless otherwise agreed to by the parties. The arbitrator shall not have the power to add to, subtract, or modify any of the terms of this Agreement.

GRIEVANCES AND ARBITRATION. Section 1. For Where an employee has the purpose 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 AgreementArticle, a the employee shall be entitled to institute proceedings under the contract grievance is defined as a complaintprocedure 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 concerning the application, dispute, or controversy between the parties to the application meaning or interpretation of this Agreement. All grievances Agreement shall be presented by either party to the other within five (5) working days of their origin in order to be raised in a timely fashion. All grievances not raised in a timely fashion or not processed in accordance with the time periods set out below shall be considered waived and abandoned. 2. The following procedure shall be followed exclusively settled in the settlement of all grievances arising under this Agreement.following manner: Step 1. The first step grievant shall present the grievance orally or in writing to the immediate supervisor within 15 working days after the date of the occurrence giving rise to the grievance procedure or within 15 working days after the date 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 between the employee and/or the shop xxxxxxx and the employee’s supervisor. If the employee is dissatisfied with the action taken by the supervisor on his grievance, the employee shall reduce the grievance to writing and present the written grievance to his supervisor within two (2) working days of the supervisor’s verbal responseanswered in writing. Step 2. If In the event the grievance is not resolved in settled at Step 1, then the shop xxxxxxx shall forward the written grievance it may be appealed in writing to the department head of the division or bureau within three (3) 15 working days after the immediate supervisor's response is due. Upon receipt of appeal, the response official receiving the appeal shall, within 15 working days, meet with the complainant, 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. In the event that the grievance is not adjusted satisfactorily after the timely presentation of the written grievance 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 department or commission head, then labor relations coordinator or labor relations officer shall communicate a meeting between decision in writing to the Union Business Agent and a designated representative Federation President within 15 working days after receipt of the Hotel appeal. A meeting shall be arranged.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. In An appeal from an unfavorable decision at Step 3 shall be presented in writing to the event Bureau of Labor 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 grievance parties shall meet to discuss the grievance. The Bureau of Labor 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 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. If a decision is not adjusted satisfactorily at Step 3made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the matter grievance shall be deemed to be denied and the employee or the Federation may be referred proceed to the American Arbitration Association for final and binding arbitration within fourteen (14) calendar days of the unsatisfactory response to Step 3. It is understood that the parties, by mutual agreement, may extend the time periods for processing grievancesnext step. In the event that the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer is representative shall be deemed final. Section 4. A grievance based on the aggrieved partyaction 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 Employer may begin the processing 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 hours on the 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 Step 3a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Grievances 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 at Steps 1, 2, and 3 shall not be processed by shop stewards or Union officials during working hours, unless mutually agreed to between the Union and the Company. In the event that used as a grievance is referred to arbitration, the grievance shall be submitted to the Industrial Arbitration Tribunal of the American Arbitration Association with the request that the Association send to the parties a list of arbitrators pursuant to its proceduresprecedent 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 dispute shall be heard this unit which has been issued by an agency or department or by the arbitratorExecutive Board or the Office of Administration may be processed through the grievance procedure, and his provided, however, the decision or award at Step 3 shall be final and binding upon as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the parties hereto. The expenses incident to the arbitration decision at Step 4 shall be borne equally final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Union and the Employer. Only one grievance at a time shall be heard by the arbitrator unless otherwise agreed to by the parties. The arbitrator shall not have the power to add to, subtract, Executive Board or modify any Office of the terms of this AgreementAdministration.

GRIEVANCES AND ARBITRATION. Section 1. For Where an employee has the purpose of this Agreement, right to process a grievance is defined as 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 complaint, disputecontract grievance, or controversy between the parties employee shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the application Commission is withdrawn by the employee or not accepted by the Commission within 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 concerning the application, meaning or interpretation of this AgreementAgreement shall be settled in the following manner: STEP 1. All grievances The employee, either alone or accompanied by the Union representative, or the Union where entitled, shall present the grievance orally or in writing to the immediate supervisor, or in the case of the Department of 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 its occurrence, or when the employee knew or by reasonable diligence, should have known of its occurrence. The supervisor or designated management representative shall attempt to resolve the matter and report the decision to the employee orally or in writing within 15 working days of its presentation. 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 either party the employee or Union representative to the other agency head or designated representative within five (5) 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 their origin in order to be raised in a timely fashion. All grievances not raised in a timely fashion or not processed in accordance with the time periods set out below shall be considered waived and abandonedappeal. 2. The following procedure shall be followed exclusively in the settlement of all grievances arising under this Agreement. Step 1. The first step of the grievance procedure shall be between the employee and/or the shop xxxxxxx and the employee’s supervisor. If the employee is dissatisfied with the action taken by the supervisor on his grievance, the employee shall reduce the grievance to writing and present the written grievance to his supervisor within two (2) working days of the supervisor’s verbal response. Step 2. If the grievance is not resolved in Step 1, then the shop xxxxxxx shall forward the written grievance to the department head within three (3) working days of the response of the supervisor. Step 3. In the event that the grievance is not adjusted satisfactorily after the timely presentation of the written grievance to the department head, then a meeting between the Union Business Agent and a designated representative of the Hotel shall be arranged. Step STEP 4. In the event that the grievance is has not adjusted been satisfactorily at resolved in Step 3, then the matter written appeal may be referred made by the employee or Union representative within 15 working days after the response from Step 3 is due or received to the American Arbitration Association for final Bureau of Labor Relations, Office of Administration and binding 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 fourteen (14) calendar 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 unsatisfactory response date of occurrence or when the Union knew or by reasonable diligence, should have known of its occurrence. In addition, if Health & Safety concerns have been discussed with the Local Health & Safety Committee and cannot be resolved, then grievances concerning the issues discussed can be submitted directly to Step the third step. Section 3. It is understood that the parties, by mutual agreement, may extend the time periods for processing grievances. In the event that the Employer is the aggrieved party, the Employer may begin the processing of the grievance at Step 3. Grievances shall not be processed by shop stewards or Union officials during working hours, unless mutually agreed to between the Union The parties will meet and the Company. In the event that a grievance is referred to arbitration, the grievance shall be submitted to the Industrial Arbitration Tribunal of the American Arbitration Association with the request that the Association send to the parties agree upon a list of four (4) arbitrators. The first two of these arbitrators pursuant will be asked to its proceduresset aside one fixed day (same day each month) in the months of January, March, May, July, September and November. A grievance The other two arbitrators will be asked to set aside one fixed day (same day each month) in dispute shall the months of February, April, June, August, October and December. These dates will be heard by used for the arbitratorpurpose of hearing grievances concerning employee discharge or a suspension of thirty (30) days or more, for which the Union has requested arbitration in accordance with the contract grievance/arbitration provisions contained in Section 2, or for other cases for which the Union has requested arbitration and his decision or award shall be final and binding upon where the parties hereto. The expenses incident mutually agree to the arbitration shall be borne equally by the Union and the Employer. Only one grievance at a time shall be heard by the arbitrator unless otherwise agreed to by the parties. The arbitrator shall not have the power to add to, subtract, or modify any of the terms of use this Agreementexpedited procedure.

GRIEVANCES AND ARBITRATION. 1. For the purpose of this Agreement, a grievance is defined as a complaint, dispute, or controversy between the parties parities as to the application or interpretation of this Agreement. All grievances shall be presented by either party to the other within five (5) working days of their origin in order to be raised in a timely fashion. All grievances not raised in a timely fashion or not processed in accordance with the time periods set out below shall be considered waived and abandoned. 2. The following procedure shall be followed exclusively in the settlement of all grievances arising under this Agreement.: Step 1. The first step of the grievance procedure shall be between the employee and/or the shop xxxxxxx and the employee’s supervisor. If the employee Employee is dissatisfied with the action taken by the supervisor on his grievance, the employee shall reduce the grievance to writing and present the written grievance to his supervisor within two (2) working days of the supervisor’s verbal response. Step 2. If the grievance is not resolved in Step 1, then the shop xxxxxxx shall forward the written grievance to the department head within three (3) working days of the response of the supervisor. Step 3. In the event that the grievance is not adjusted satisfactorily after the timely presentation of the written grievance to the department head, then a meeting between the Union Business Agent and a designated representative of the Hotel shall be arranged. Step 4. In the event that the grievance is not adjusted satisfactorily at Step 3, then the matter may be referred to the American Arbitration Association for final and binding arbitration within fourteen (14) calendar days of the unsatisfactory response to Step 3. It is understood that the parties, parties by mutual agreement, agreement may extend the time periods for processing grievances. In the event that the Employer is the aggrieved party, the Employer may begin the processing of the grievance at Step 3. Grievances shall not be processed by shop stewards or Union officials during working hours, unless mutually agreed to between the Union and the Company. In the event that a grievance is referred to arbitration, the grievance shall be submitted to the Industrial Arbitration Tribunal of the American Arbitration Association with the request that the Association send to the parties a list of arbitrators pursuant to its procedures. A grievance in dispute shall be heard by the arbitrator, arbitrator and his decision or award shall be final and binding upon the parties hereto. The expenses incident to the arbitration shall be borne equally by the Union and the Employer. Only one grievance at a time shall be heard by the arbitrator unless otherwise agreed to by the parties. The arbitrator shall not have the power to add to, subtract, subtract from or modify any of the terms of this Agreement.

GRIEVANCES AND ARBITRATION. 1. 14.1 For the purpose of this Agreement, a grievance is defined as a complaint, dispute, or controversy between the parties as to the application or interpretation of this Agreement. , All grievances shall be presented by either party to the other within five (5) working days of their origin in order to be raised in a timely fashion. All grievances not raised in a timely fashion or not processed in accordance with the time periods set out below shall be considered waived and abandoned. 2. 14.2 The following procedure shall be followed exclusively in the settlement of all grievances arising under this Agreement. Step STEP 1. The first step of the grievance procedure shall be between the employee and/or the shop xxxxxxx and the employee’s supervisor. If the employee is dissatisfied with the action taken by the supervisor on his grievance, the employee shall reduce the grievance to writing and present the written grievance to his supervisor within two (2) working days of the supervisor’s verbal response. Step STEP 2. If the grievance is not resolved in Step 1, then the shop xxxxxxx shall will forward the written grievance to the department head within three (3) working days of the response of the supervisor. Step STEP 3. In the event that the grievance is not adjusted satisfactorily satisfactory after the timely presentation of the written grievance to the department head, then a the meeting between the Union Business Agent and a designated representative of the Hotel Hotel/Casino shall be arranged. Step STEP 4. In the event that the grievance is not adjusted satisfactorily at Step 3, then the matter may be referred to the American Arbitration Association for final and binding arbitration within fourteen (14) calendar days of the unsatisfactory response to Step 3. . 14.3 It is understood that the parties, parties by mutual agreement, agreement may extend the time periods for processing grievances. . 14.4 In the event that the Employer is the aggrieved party, the Employer may begin the processing of at the grievance at Step 3. . 14.5 Grievances shall not be processed by shop stewards or Union officials during working hours, unless mutually agreed to between the Union and the Company. Employer. 14.6 In the event that a grievance is referred to arbitration, the grievance shall be submitted to the Industrial Arbitration Tribunal of the American Arbitration Association with the request that the Association send to the parties a list of arbitrators pursuant to its procedures. A grievance in dispute shall be heard by the arbitrator, arbitrator and his decision or award shall be final and binding upon the parties hereto. The expenses incident to the arbitration arbitrator shall be borne equally by the Union and the Employer. Only one grievance at a time shall be heard by the arbitrator unless otherwise agreed to by the parties. The arbitrator shall not have the power to add to, subtractsubtract from, or modify any of the terms of this Agreement.

GRIEVANCES AND ARBITRATION. 1. For the purpose of this Agreement, a grievance is defined as a complaint, dispute, or controversy between the parties to the application or interpretation of this Agreement. All grievances shall be presented by either party to the other within five (5) working days of their origin in order to be raised in a timely fashion. All grievances not raised in a timely fashion or not processed in accordance with the time periods set out below shall be considered waived and abandoned. 2. The following procedure shall be followed exclusively in the settlement of all grievances arising under this Agreement. Step 1. The first step of the grievance procedure shall be between the employee and/or the shop xxxxxxx sxxxxxx and the employee’s supervisor. If the employee is dissatisfied with the action taken by the supervisor on his grievance, the employee shall reduce the grievance to writing and present the written grievance to his supervisor within two (2) working days of the supervisor’s verbal response. Step 2. If the grievance is not resolved in Step 1, then the shop xxxxxxx sxxxxxx shall forward the written grievance to the department head within three (3) working days of the response of the supervisor. Step 3. In the event that the grievance is not adjusted satisfactorily after the timely presentation of the written grievance to the department head, then a meeting between the Union Business Agent and a designated representative of the Hotel shall be arranged. Step 4. In the event that the grievance is not adjusted satisfactorily at Step 3, then the matter may be referred to the American Arbitration Association for final and binding arbitration within fourteen (14) calendar days of the unsatisfactory response to Step 3. It is understood that the parties, by mutual agreement, may extend the time periods for processing grievances. In the event that the Employer is the aggrieved party, the Employer may begin the processing of the grievance at Step 3. Grievances shall not be processed by shop stewards or Union officials during working hours, unless mutually agreed to between the Union and the Company. In the event that a grievance is referred to arbitration, the grievance shall be submitted to the Industrial Arbitration Tribunal of the American Arbitration Association with the request that the Association send to the parties a list of arbitrators pursuant to its procedures. A grievance in dispute shall be heard by the arbitrator, and his decision or award shall be final and binding upon the parties hereto. The expenses incident to the arbitration shall be borne equally by the Union and the Employer. Only one grievance at a time shall be heard by the arbitrator unless otherwise agreed to by the parties. The arbitrator shall not have the power to add to, subtract, or modify any of the terms of this Agreement.