Common use of GRIEVANCES & ARBITRATION Clause in Contracts

GRIEVANCES & ARBITRATION. a. [Level 1] Any grievances should be directed to the Site Manager in writing, clearly outlining details of the grievance. The Site Manager will handle the complaint to the best of his/her ability with a decision. If the Site manager is unable to resolve the complaint, he/she may elevate the grievance to the Board of Directors for discussion and vote during the next board meeting. b. [Level 2] Should a Vendor’s grievance involve the Site Manager or an appeal of the Site Manager’s decision, the grievance and/or appeal should be directed to the Board of Directors in writing, clearly outlining details of the grievance/appeal for discussion at the next board meeting. c. The Board may vote one of two ways with the first provision for resolution being preferable. The board may motion for a particular resolution that the Site Manager can carry forward with the vendor(s) where the decision is final and the resolution progresses no further. Second, the board may motion to have the dispute considered by a Grievance Committee. d. All decisions and actions by the Site Manager and/or board must be recorded in writing. e. In the event of any controversy or claim arising out of or relating to this agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Mediation Rules. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association or Alternative Dispute Resolution Service under its Commercial Arbitration Rules, upon a written demand for arbitration in the following sixty (60) days. The number of arbitrators shall be three. The place of arbitration shall be Taos, New Mexico. New Mexico law shall apply. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. This agreement to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration. Both parties agree to bear the costs of their own attorneys, unless the claim is found to be meritless and then the party who brought said meritless claim will be responsible to pay the other party’s attorney’s fees and costs.

GRIEVANCES & ARBITRATION. a. [Level 1] Any grievances should . There shall be directed a reasonable number of Stewards, not to exceed six (6), for all employees covered by this agreement. These Stewards shall be selected by the Union. The Union shall furnish the Company with a list of names of the Stewards and the work groups they represent. 2. Should any dispute or difference arise between the Company and the Union or its members as to the Site Manager interpretation or application of any of the provisions of this Agreement or with respect to job working conditions, the term working conditions being limited to those elements concerned with the hours when employees are at work and the acts required of them during such hours, the dispute or difference shall be settled through the grievance procedure, provided that no grievance will be considered which is more than four weeks old. A dispute as to whether a particular disagreement is a proper subject for the grievance procedure shall itself be treated as a grievance. The steps of the grievance procedure are: Step 1. The dispute or difference shall be presented and first discussed by the employee concerned and the immediate Supervisor. The employee shall be accompanied by a Xxxxxxx if the employee so requests. Step 2. If the dispute or difference is not satisfactorily settled in writingStep 1, clearly outlining details it shall be presented to the Company by the Union Business Representative having jurisdiction. The appropriate Company Representative and Human Resources Representative will discuss the grievance with the Business Represen-tative who may be accompanied by the Xxxxxxx involved, within fifteen (15) working days after receipt of the grievance. Either party may be accompanied by one additional representative. The Site Manager management representative will handle give an answer within five (5) working days after the complaint to the best of his/her ability with a decisionStep 2 discussion. Step 3. If the Site manager dispute or difference is unable not satisfactorily settled in Step 2, it shall be referred at the request of either party to a meeting between the appropriate Executive of the Company (or designee), the appropriate Human Resources Manager (or designee), an Employee Relations Representative and Business Representative(s) who may be accompanied by the appropriate xxxxxxx(s) of Local 15 in an effort to resolve the complaint, he/she may elevate the grievance to the Board of Directors for discussion and vote during the next board meeting. b. [Level 2] Should a Vendor’s grievance involve the Site Manager or an appeal issue of the Site Manager’s decisiongrievance. If the issue is not resolved as a result of the meeting or neither party requests the meeting, the grievance and/or appeal should shall be directed referred to an Impartial Arbitrator, not a Board of Arbitration. The appointment of an Impartial Arbitrator shall be made from a list furnished to the Board of Directors parties under the procedure provided in writing, clearly outlining details the rules of the grievance/appeal Federal Mediation and Conciliation Service. This list shall contain the names of eleven (11) arbitrators, all of whom are members of the National Academy of Arbitrators and shall not contain the names of Arbitrators who have been selected for discussion at another pending arbitration between the next board meeting. c. The Board may vote one of two ways with Company and the first provision for resolution being preferableUnion. The board may motion for a particular resolution that the Site Manager can carry forward with the vendor(s) where the decision is final and the resolution progresses no further. Second, the board may motion to have the dispute considered by a Grievance Committee. d. All decisions and actions by the Site Manager and/or board must be recorded in writing. e. In the event of any controversy or claim arising out of or relating to this agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Mediation Rules. If settlement is not reached meet within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association or Alternative Dispute Resolution Service under its Commercial Arbitration Rules, upon a written demand for arbitration in the following sixty (60) days. The number of arbitrators shall be three. The place of arbitration shall be Taos, New Mexico. New Mexico law shall apply. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. This agreement to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration. Both parties agree to bear the costs of their own attorneys, unless the claim is found to be meritless and then the party who brought said meritless claim will be responsible to pay the other party’s attorney’s fees and costs.ten

GRIEVANCES & ARBITRATION. a. [Level SECTION 1] Any grievances should be directed . A grievance is defined as a dispute of opinion involving the compliance with interpretation or application of this agreement raised by the UNION or an employee covered by this agreement. Nothing in this agreement shall preclude the right of the two parties to meet and verbally discuss the grievance to resolve the issue. The parties agree that the time limitations provided herein are essential to the Site Manager prompt and orderly resolution of any grievance and that timelines may be extended upon mutual agreement of the UNION and the DISTRICT. Grievances shall be resolved in writingthe following manner set forth in this Article. If any of the deadlines below fall on a holiday enumerated in this agreement or a Saturday or Sunday, clearly outlining details the deadline shall be extended to the next business day. SECTION 2. All grievances must be initiated under the grievance procedure within forty-five (45) calendar days of the alleged violation of the agreement, or knowledge thereof. Step 1: Any employee having a grievance shall submit in writing to the UNION’s Grievance Committee. The UNION Grievance Committee, upon receiving the written and signed petition from the employee, shall determine if a grievance exists and respond in writing to the grievant within fifteen (15) calendar days after receipt of the grievance. The Site Manager will handle If in the complaint committee's opinion no grievance exists, no further action is necessary. Step 2: If the UNION Grievance Committee finds a grievance exists, the grievant or their UNION representative shall submit the grievance in writing to the best Fire Chief or their Designee within ten (10) calendar days of his/her ability receipt of the UNION Grievance Committee's determination. The written grievance shall set forth the relevant facts, including a statement specifying all facts regarding the alleged violation, all contract sections allegedly violated, and the specific remedy requested. The Fire Chief or their Designee shall render a written decision on the grievance within ten (10) calendar days. Step 3: If the grievance is not resolved at Step 2, the grievant, or their UNION representative, shall submit the grievance, together with a pertinent materials, to the BOARD within ten (10) calendar days of receipt of the Fire Chief's or their Designee’s decision. If The BOARD may, at their discretion, consider testimony or additional evidence, beyond the Site manager is unable written grievance and the Fire Chief's or their Designee’s decision if necessary, to resolve the complaintgrievance, he/she and may elevate the grievance to the Board schedule presentation of Directors for discussion and vote during the next board meeting. b. [Level 2] Should a Vendor’s grievance involve the Site Manager such testimony or an appeal additional evidence. The BOARD shall submit its written decision within thirty (30) calendar days of the Site Manager’s decision, the grievance and/or appeal should be directed to the Board of Directors in writing, clearly outlining details receipt of the grievance/appeal for discussion at the next board meeting. c. Step 4: The Board grievant may vote one appeal an adverse decision of two ways the BOARD to a neutral arbitrator. The grievant shall give written notice to the DISTRICT of its intent to submit a grievance to arbitration within fourteen (14) calendar days of the BOARD’s decision. Within ten (10) calendar days of the UNION's or grievant request to arbitrate, a representative of the UNION and of the DISTRICT shall meet and mutually request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service (FMCS) with the expense of the list split between the DISTRICT and the UNION. Within ten (10) calendar days of the receipt of the complete list(s) of arbitrators, the DISTRICT and the UNION shall meet and attempt to mutually agree on an arbitrator. If an arbitrator cannot be agreed upon the parties shall select a first provision for resolution being preferablestrike by flip of a coin. The board may motion for parties shall then alternately strike the names of arbitrators on the list(s) until only one (1) name remains. Step 5: The arbitrator(s) shall render a particular resolution that decision within ninety (90) calendar days of hearing, which shall be final and binding on both parties. The arbitrator shall have no power to alter, amend, or change the Site Manager can carry forward terms of this agreement; rather, the power of the arbitrator shall be limited to interpretation of or application of the terms of this agreement or to determine whether there has been a violation of the terms of this agreement by either the DISTRICT or the UNION. The arbitrator shall not have authority to award punitive damages. Each party shall pay the expenses of their own representatives, including attorneys' fees, their own witnesses, and other costs associated with the vendor(spresentation of their case. The expense of the neutral arbitrator(s) where the decision is final and the resolution progresses no further. Secondreasonable expenses of the arbitration itself, including transcripts of the board may motion to have hearing, payment for use of the dispute considered by a Grievance Committee. d. All decisions facilities, and actions by the Site Manager and/or board must be recorded in writing. e. In the event of any controversy or claim arising out of or relating to this agreementother like costs, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Mediation Rules. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association or Alternative Dispute Resolution Service under its Commercial Arbitration Rules, upon a written demand for arbitration in the following sixty (60) daysshared equally between both parties. The number of arbitrators shall be three. The place of use mediation before arbitration shall be Taos, New Mexico. New Mexico law shall apply. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. This agreement to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration. Both implemented if both parties agree to bear the this option. The selection of a neutral mediator shall be agreed to by both parties and costs of their own attorneys, unless the claim is found to associated with such mediation shall be meritless and then the party who brought said meritless claim will be responsible to pay the other party’s attorney’s fees and costsshared equally.

GRIEVANCES & ARBITRATION. a. [Level 1] Any grievances should . There shall be directed a reasonable number of Stewards, not to exceed six (6), for all employees covered by this agreement. These Stewards shall be selected by the Union. The Union shall furnish the Company with a list of names of the Stewards and the work groups they represent. 2. Should any dispute or difference arise between the Company and the Union or its members as to the Site Manager interpretation or application of any of the provisions of this Agreement or with respect to job working conditions, the term working conditions being limited to those elements concerned with the hours when employees are at work and the acts required of them during such hours, the dispute or difference shall be settled through the grievance procedure, provided that no grievance will be considered which is more than four weeks old. A dispute as to whether a particular disagreement is a proper subject for the grievance procedure shall itself be treated as a grievance. The steps of the grievance procedure are: Step 1. The dispute or difference shall be presented and first discussed by the employee concerned and the immediate Supervisor. The employee shall be accompanied by a Xxxxxxx if the employee so requests. Step 2. If the dispute or difference is not satisfactorily settled in writingStep 1, clearly outlining details it shall be presented to the Company by the Union Business Representative having jurisdiction. The appropriate Company Representative and Human Resources Representative will discuss the grievance with the Business Representative who may be accompanied by the Xxxxxxx involved, within fifteen (15) working days after receipt of the grievance. Either party may be accompanied by one additional representative. The Site Manager management representative will handle give an answer within five (5) working days after the complaint to the best of his/her ability with a decisionStep 2 discussion. Step 3. If the Site manager dispute or difference is unable not satisfactorily settled in Step 2, it shall be referred at the request of either party to a meeting between the appropriate Executive of the Company (or designee), the appropriate Human Resources Manager (or designee), an Employee Relations Representative and Business Representative(s) who may be accompanied by the appropriate xxxxxxx(s) of Local 15 in an effort to resolve the complaint, he/she may elevate the grievance to the Board of Directors for discussion and vote during the next board meeting. b. [Level 2] Should a Vendor’s grievance involve the Site Manager or an appeal issue of the Site Manager’s decisiongrievance. If the issue is not resolved as a result of the meeting or neither party requests the meeting, the grievance and/or appeal should shall be directed referred to an Impartial Arbitrator, not a Board of Arbitration. The appointment of an Impartial Arbitrator shall be made from a list furnished to the Board of Directors parties under the procedure provided in writing, clearly outlining details the rules of the grievance/appeal Federal Mediation and Conciliation Service. This list shall contain the names of eleven (11) arbitrators, all of whom are members of the National Academy of Arbitrators and shall not contain the names of Arbitrators who have been selected for discussion at another pending arbitration between the next board meeting. c. Company and the Union. The Board may vote one parties shall meet within ten (10) working days of two ways the furnishing of the list and alternately strike the names of the arbitrators in order to select on arbitrator for hearing, with the first provision for resolution being preferableparty to strike determined by a coin flip or other agreeable method. The board may motion arbitration hearing, or at least the first day of the hearing, shall be held within two (2) months of the date the Arbitrator has been selected and, if the Arbitrator is not available, the last name(s) struck will be contacted for their availability. Grievances in arbitration shall be heard without attorneys, without any briefs or memoranda (pre-or post-hearing), and without transcripts or recordings. The Arbitrator shall issue a particular resolution that one-page Arbitration Award within ten (10) days of the Site Manager can carry forward with hearing. The Impartial Arbitrator shall be governed wholly by the vendor(s) where terms of this Agreement and shall have no power to add or to change its terms. The Arbitration Award shall be binding on the decision is final Company and the resolution progresses no further. SecondUnion, and shall constitute a precedent as to other grievances in the board may motion to have the dispute considered by a Grievance Committee. d. All decisions future and actions by the Site Manager and/or board must can be recorded in writing. e. In the event of introduced into any controversy or claim arising out of or relating to this agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Mediation Rules. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association or Alternative Dispute Resolution Service under its Commercial Arbitration Rules, upon a written demand for other arbitration in the following sixty (60) daysfuture. No more than one grievance may be submitted in each arbitration proceeding. The number fees and expenses of arbitrators the arbitration and the Impartial Arbitrator shall be three. The place of arbitration shall be Taos, New Mexico. New Mexico law shall apply. Judgment on the award rendered borne equally by the arbitrators may be entered in any court having jurisdiction thereof. This agreement to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration. Both parties agree to bear Company and the costs of their own attorneys, unless the claim is found to be meritless and then the party who brought said meritless claim will be responsible to pay the other party’s attorney’s fees and costsUnion.