Grievances. 6.1 For purposes of this Agreement, a grievance is defined as an allegation by an employee or the Union that there has been a violation, misrepresentation, or misapplication of the terms of this Agreement. All time limits consist of work days – Monday through Friday with the exception of the posted Observed Campus Closure Schedule. 6.2 The Board and the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance may be processed as follows: Step 1: The employee or the Union may present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor within fifteen (15) days of the incident. The supervisor will arrange for a meeting to take place within ten (10) days after receipt of the grievance. The grievant, the Union's representative if desired by the employee, and the supervisor shall be present for the meeting. Within ten (10) days of the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedure. Step 2: If the grievance is not resolved at Step 1, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedure. Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whichever
Appears in 5 contracts
Sources: Collective Bargaining Agreement, Agreement Between William Rainey Harper College and Harper 512 Association, Iea Nea 2021 2024, Collective Bargaining Agreement
Grievances. 6.1 For purposes of this Agreement, a 8.1 A grievance is defined as an allegation by an employee any complaint, disagreement or difference of opinion between the Union that there has been a violationparties hereto concerning the interpretation, misrepresentationapplication, operation, or misapplication alleged violation of the terms and provisions of this Agreement.
8.2 The Employer and the Union agree that it is most desirable to resolve misunderstandings and disputes through discussions between the employee and the appropriate management representative so as to resolve differences quickly and directly without necessarily having to resort to the following formal process. It is understood that employees shall have the right to involve Union Stewards or Union Labour Relations Officers in such a discussion, unless the employee expressly waives that right.
8.3 Employees may have the benefit of representation by Union Stewards or Union Labour Relation Officers at any of the steps in the procedure, and similarly management representatives may have the benefit of counsel.
8.4 All formal grievances shall be raised within fourteen (14) calendar days of the date on which the grievance becomes apparent, or ought to have become apparent. For grievances respecting terminations, the grievance shall be submitted within fourteen (14) days of the employee being notified of their dismissal. Grievances shall be in writing, must identify the specific clauses in this Agreement that are being violated and provide specific details in writing with respect to the individuals whose rights have been violated and/or damages resulting from the breach of this Agreement. All time limits consist Grievances shall be dealt with in the following manger without stoppage of work days – Monday through Friday work.
Step 1 The grievance shall be taken up with the exception of the posted Observed Campus Closure Schedule.
6.2 The Board and the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve appropriate client care manager who shall render a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance may be processed as follows:
Step 1: The employee or the Union may present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor decision within fifteen fourteen (1514) calendar days of the incident. The supervisor will arrange for a meeting to take place within ten (10) days after receipt of the grievance. The grievantA grievance at this step must be reduced to writing, on a form supplied by the Union's representative if desired by , stating the employee, and the supervisor shall be present for the meeting. Within ten (10) days of the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the grievance may be advanced to the next step facts of the grievance procedureand the remedy requested, and be dated.
Step 2: If the grievance is not resolved at Step 1, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedure.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whichever
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Grievances. 6.1 For purposes 8.1 A grievance is an alleged dispute or controversy arising from the interpretation or application of the various provisions of this Agreement, a grievance is defined as an allegation by Agreement or involving alleged unfair treatment of an employee or group of employees. A grievance must be in writing and may be filed by an employee, group of employees for whom the Union that there is the bargaining agent, or by an authorized Union representative. Grievances must be filed and appealed within the time limits specified in this article.
8.2 Once a grievance has been a violationpresented, misrepresentationmanagement shall not attempt to adjust the grievance with the aggrieved employee or group of employees without affording the appropriate Union representative an opportunity to be present.
8.3 The Union shall be considered the representative for grievance representation purposes of employees laid off, discharged, or misapplication otherwise separated from the payroll until the limits of the terms grievance and arbitration procedures have been exhausted. Any suspension or discharge requires written notification of this Agreement. All time limits consist of work days – Monday through Friday with such act be given to the exception employee and simultaneously a copy of the posted Observed Campus Closure Schedulewritten notification shall be forwarded to the local Union president.
6.2 The Board and 8.4 All complaints or prospective grievances shall ordinarily be taken up informally at the Union hereto acknowledge that it is usually most desirable for first level of management in an employee and the supervisor effort to resolve the matter. If a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievantsatisfactory settlement is not reached, a written grievance may be processed as follows:
Step 1: The employee or the Union may present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought presented to the immediate supervisor supervisor, providing it is filed within fifteen (15) working days of the incident. The supervisor will arrange for a meeting to take place within ten (10) days after receipt date of the action causing the grievance. The grievantGrievances may, the Union's representative if desired however, by the employee, and the supervisor shall mutual consent be present for the meeting. Within ten (10) days of the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the grievance may be advanced to the next step taken up at any level of the grievance procedure.
Step 8.5 Grievances presented to management shall be answered at each level within the maximum time limits set out below for the initial and appeal steps of the procedure:
1: State Vice President or functional Department Head, or their representative (fifteen working days)
2: If the grievance is not resolved at Step 1, then the grievant Labor Relations Manager and/or their representative (fifteen working days).
8.6 Appeals by the Union may refer from the grievance Company's decision in one step to the Director of Physical Plant or his/her official designee succeeding step shall be presented to the appropriate management representative at the appeal level within ten (10) days the following time limits after receipt of the Company's answer.
1. Step 1 response or within ten to Step 2 (10fifteen working days) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Grievance meetings between authorized Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union and Company representatives shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in held within a timely manner, the grievance may be advanced to the next step of the grievance procedure.
Step 3: If reasonable time after the grievance is presented. The parties shall keep each other informed in writing of the representative authorized to handle grievances.
8.7 Authorized employee union representatives, not resolved at Step to exceed two (2) in number, then investigating circumstances in respect to grievances may do so on Company premises and shall receive the grievant and/or the Union may refer the grievance Company's cooperation, subject to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt needs of the Step 2 response or within ten business. Such employees shall suffer no loss in regular pay as a result of reasonable time lost from regular work, provided the employee(s) receive advance approval for such lost time from the appropriate management representative.
8.8 Authorized Union representative, not to exceed two (102) days after in number, and, when it is deemed necessary by the Step 2 meetingUnion, whicheverthe aggrieved employee, meeting with the Company in respect to grievances, shall suffer no loss in regular pay as a result of time lost from regular work.
8.9 The parties may waive the time requirements as outlined in this article by mutual agreement.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievances. 6.1 For purposes of this Agreement, a 46.1. A grievance is defined as an allegation by an employee or the Union that there has been a violation, misrepresentationor alleged violation, or misapplication of the terms of this the Collective Agreement.
46.2. All time limits consist of work No grievance shall be considered where circumstances giving rise to such grievance should reasonably have been known to the member more than thirty (30) days – Monday through Friday with prior to the exception first filing of the posted Observed Campus Closure Schedulegrievance.
6.2 The Board 46.3. Longer periods of time for consideration of grievances may be allowed at any step in the procedure if mutually agreeable to the City and the Union hereto acknowledge that it is usually most desirable for an employee Association.
46.4. If any member of the Association feels aggrieved with regard to any matter covered by the Agreement, he shall notify and communicate his grievance to the supervisor to resolve Association Grievance Committee. If after investigation the Association Grievance Committee, in their opinion, considers the grievance a problem through free and informal communication. Accordinglyjust one, the parties matter shall attempt be subject to informally resolve any the grievance herein definedand arbitration procedure set out herein.
46.4.1. However, if the informal process fails to satisfy the grievant, a grievance may be processed as follows:
Step 1: The employee or the Union may present Association Grievance Committee shall submit the grievance in writing clearly indicating all grievantsidentifying the specific articles of the Collective Agreement that are alleged to have been violated, providing details with respect to the individuals whose rights have been allegedly violated and specifying the relief claimed for the alleged breach of the Collective Agreement to the Fire Chief with a copy to the Human Resources Department and shall have the right to meet with the Fire Chief within seven (7) days. The Fire Chief shall render his decision within seven (7) days of such meeting to the Association. If the grievance cannot be settled to the satisfaction of the Fire Chief and the Association, the article and section violatedAssociation Grievance Committee shall submit the grievance, summarizing all relevant facts in writing, within seven (7) days, to the City Grievance Committee with a copy to the Human Resources Department.
46.4.2. Step 2: The City Grievance Committee and the remedy sought Association Grievance Committee shall meet within fourteen (14) days and shall discuss the grievance. The City Grievance Committee shall render its written decision within fourteen (14) days of such meeting, to the immediate supervisor Association. If the grievance cannot be settled to the satisfaction of the City Grievance Committee and the Association, the grievor shall within fifteen fourteen (1514) days of the incidentCity Grievance Committee’s decision, notify the Association Grievance Committee, in writing, of his desire to submit the matter to an arbitration board. The supervisor will arrange for Association Grievance Committee has the sole right to determine whether or not a meeting grievance shall proceed to take place within ten (10) days after receipt of the grievance. The grievant, the Union's representative if desired by the employee, arbitration and the supervisor shall be present for the meeting. Within ten (10) days of the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedure.
Step 2: If the grievance is not resolved at Step 1, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or his/her official designee an arbitration board within ten forty (1040) days after receipt of from the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇grievor’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedurenotification.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whichever
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Grievances. 6.1 For purposes Before filing a grievance, the employee shall have attempted to resolve the problem through discussions with the Director of this Agreement, a grievance is defined as an allegation by an Transportation. The employee or shall bring the Union that there has been a violation, misrepresentation, or misapplication matter to the attention of the terms Director of this Agreement. All time limits consist of work days – Monday through Friday with the exception of the posted Observed Campus Closure Schedule.
6.2 The Board and the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance may be processed as follows:
Step 1: The employee or the Union may present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor within fifteen (15) days of the incident. The supervisor will arrange for a meeting to take place Transportation within ten (10) days after receipt workdays of the grievance. The grievant, time the Union's representative if desired by the employee, and the supervisor shall be present for the meeting. Within ten (10) days of the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reasons for the decisionalleged violation occurred. If the supervisor does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedure.
Step 2: If the grievance is not resolved at Step 1, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or his/her official designee Transportation and the employee are thereafter unable to resolve the problem through informal discussion within ten (10) days after receipt workdays of the Step 1 matter being brought to the Director of Transportation, the employee has ten (10) additional working days that they may file a written grievance with the Director of Transportation. The written grievance shall state the nature of the grievance, the facts regarding the grievance and the remedy sought. The employee shall not present information or claims at subsequent steps in these procedures not presented to the Director of Transportation. The Director of Transportation shall have ten (10) workdays to respond in writing to the employee. If the Director of Transportation’s response or is not satisfactory to the employee, he/she may, within ten (10) days after workdays from the Step 1 meetingreceipt of the response, whichever is laterfile the same grievance with the Superintendent or designee. The Director Upon receipt of Physical Plant the grievance, the Superintendent or designee shall arrange with a hearing of the Union representative for a meeting to take place grievance. After hearing the grievance, the Superintendent or designee shall respond in writing within ten (10) days of workdays. The employee may have a Union Representative present at any meeting regarding the appeal. Within ten (10) days of the meeting, grievance and may be represented by the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decisionor legal counsel. If the Director of Physical ▇▇▇▇▇ grievance does not respond in involve a timely mannerviolation of this Agreement, State or Federal law, the grievance may decision of the Superintendent or designee shall be advanced final. All expenses incurred shall be paid by the party incurring the expense. If the response from the Superintendent or designee is not satisfactory to the next step employee and the grievance allegedly concerns violation of this Agreement, State or Federal law, the matter shall be referred to the American Arbitration Association for binding arbitration. The rules of the grievance procedure.
Step 3: American Arbitration Association shall be used. If the grievance is arbitrator finds for the employee, he/she shall decide the appropriate remedy. Any financial remedy shall not resolved at Step 2, then exceed the grievant and/or loss of salary and benefits resulting from the Union may refer the grievance contract violation. Each party to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt arbitration shall pay their legal expenses plus 50% of the Step 2 response or within ten (10) days after cost of the Step 2 meeting, whicheverarbitration.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievances. 6.1 For purposes It is the expressed desire of the parties hereto, that any complaint of a Flight Crew Member, the Association, or the Company, shall be resolved as quickly as possible. If a Flight Crew Member has a formal complaint, he shall discuss the matter with the Chief Pilot, VP of Flight Operations, or his designate and at this Agreement, a grievance is defined as an allegation time he may be accompanied by an employee or Association Representative if he so chooses. If any such complaint is not settled to the Union that there has been a violation, misrepresentation, or misapplication satisfaction of the terms of this Agreement. All time limits consist of work days – Monday through Friday with parties within ten (10) calendar days, the exception following steps of the posted Observed Campus Closure Schedule.
6.2 The Board and the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance Grievance Procedure may be processed as follows:
invoked: Step 1One: The employee or the Union may Flight Crew Member shall present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor within fifteen (15) days of the incident. The supervisor will arrange for a meeting to take place within ten (10) calendar days after receipt of the initial discussion giving rise to the grievance. The grievant, to the Union's representative if desired by the employee, and the supervisor Chief Pilot or his designate who shall be present for the meeting. Within give his decision in writing within ten (10) calendar days of receiving the meetinggrievance; Step Two: If no settlement is reached in Step One, the grievant Association Representative and grievor, if required, and a representative of management will meet to discuss the Union shall be provided with the supervisor's written response including the reasons for the decisiongrievance. If the supervisor does grievance is not respond in a timely mannerthen settled within ten (10) calendar days, then at the request of either party to this Agreement, the grievance may be advanced referred to arbitration within thirty (30) calendar days. The Association may file a policy grievance, at Step Two of the Grievance Procedure. An Association policy grievance is defined as a grievance which by its nature, cannot be grieved by an individual Flight Crew Member or group of Flight Crew Members. Any grievance instituted by management may be referred in writing to an Association Representative within ten (10) calendar days of the occurrence of the circumstances giving rise to the next grievance, and the Association Representative shall meet within ten (10) calendar days thereafter with management to consider the grievance. If the final settlement of the grievance is not completed within ten (10) calendar days of such meeting, the grievance may be referred, by either party, to a sole arbitrator, at any time within thirty (30) calendar days thereafter, but not later. The arbitrator will be an individual, mutually agreeable to both parties. At any hearing held throughout these procedures, the grievor shall have the right to be represented by the Association. The grievor and the Company shall be given every opportunity to present evidence, either oral or documentary, make representations and call witnesses. Throughout these procedures, the grievor may, together with his representative (s), review any information contained in his personal file(s) or any document that the Company may introduce at any step of the grievance procedure.
Step 2: If the grievance is not resolved at Step 1, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meetingOn request, the Union Company shall be provided provide the grievor and the Association with the Director two (2) copies of Physical ▇▇▇▇▇’s written response including the reasons for the decisionall such documents. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of At any hearing held throughout the grievance procedure.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance all witnesses and Administrative Services or his/her official designee within ten (10) days after receipt representatives who are Flight Crew Members of the Step 2 response Company shall be given time off. A Flight Crew Member will not be sanctioned for having filed a grievance. If, because of any hearing or within ten (10) days after grievance as provided herein, the Step 2 meetingdecision is to exonerate the Flight Crew Member, whicheverthe personal record of the Flight Crew Member will be cleared of the charges and all reference thereto will be removed from all files.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Grievances. 6.1 For purposes 19-1 The purpose of the grievance procedure is to provide a fair and expeditious manner of resolving concerns that an employee has been the subject of an unjust or inequitable disciplinary action or that the provisions of this AgreementAgreement have been violated. Toward this end, employees are encouraged to resolve problems on an informal basis prior to filing a grievance is defined as an allegation grievance. Any party may represent themselves or be represented by an employee or the Union that there has been a violation, misrepresentation, or misapplication Association at any level of the terms of this Agreement. All time limits consist of work days – Monday through Friday with the exception of the posted Observed Campus Closure Schedule.
6.2 The Board grievance procedure; and the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance may be processed as follows:
Step 1: The employee or the Union may present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor within fifteen (15) days may be represented by other representatives of the incidentadministration. The supervisor Written responses at each step will arrange for a meeting be sent to take place within ten (10) days after receipt of the employee and administrator. Copies will also be sent to the Association and Employee Relations, if they are involved with the grievance. The grievantBoard agrees to make available to the aggrieved person and the aggrieved person’s representatives, all pertinent information not privileged under law, in its possession or control, and which is relevant to the Union's representative if desired issues raised by the employeegrievance. The Association agrees to make available to the Board and its representatives, all pertinent information not privileged under law in its possession or control, and which is relevant to the issues raised by the grievant. No written or printed material involved with the processing of a grievance will, at any time, become part of the central office personnel files of the aggrieved party or any other party interest. When it is necessary for one or more representatives designated by the Association to attend a meeting or hearing occurring during the school day, they shall be released without loss of pay for such time as is actually necessary for their attendance at such a meeting or hearing, and the supervisor shall necessary travel time in connection therewith. The Association will notify the Department of Employee Relations of those to be present for the meeting. Within ten released no less than three (103) days prior to the meeting or hearing. The Association will reimburse the District for any release time identified in this article. With reasonable notice, a Director of the meetingAssociation, or a designee, may review information within a teacher’s official personnel file upon producing written permission for such inspection, signed by the grievant and the Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the grievance may be advanced teacher whose file he/she wishes to the next step of the grievance procedureinspect.
Step 2: If the grievance is 19-2 Grievances filed on Article 7 and Article 10 provisions may only be for process infractions, not resolved at Step 1, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant evaluation or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedurecollaboration outcomes.
Step 3: If the grievance is not resolved at Step 219-3 Complaints of alleged sexual harassment and discrimination should be filed in accordance with District Policy GBAA, then the grievant and/or the Union may refer the grievance to the Executive Vice President Harassment of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whicheverEmployees.
Appears in 2 contracts
Sources: Master Negotiated Agreement, Master Negotiated Agreement
Grievances. 6.1 For purposes of this Agreement, a 11.1. A grievance is defined as an allegation by an employee or a dispute between the Employer and the Union that there has been a violation, misrepresentation, concerning the application or misapplication interpretation of the terms of this Agreement. All time limits consist of work days – Monday through Friday with the exception of the posted Observed Campus Closure Schedule.
6.2 The Board 11.2. If an aggrieved Employee’s claim is covered by the grievance procedure provided under the Employee Handbook, that procedure shall apply and the Union hereto acknowledge that it is usually most desirable for an employee grievance may not be pursued under this Agreement’s grievance procedure. An Employee shall not be permitted to use both this Agreement’s grievance procedure and the supervisor Employee Handbook grievance procedure to resolve challenge the same action. Where a problem through free and informal communication. Accordinglygrievance is found to have been raised under the incorrect procedure, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance may be processed as follows:
Step 1: The aggrieved employee or the Union may present transfer the grievance to the alternative grievance procedure. In such a case, the time between the initial filing of the grievance and the date of the transfer request shall be considered tolled with regard to any limitations periods or timeliness issues.
11.3. Cases involving a grievance regarding a decision made by the aggrieved employee’s immediate supervisor initially will be processed beginning at Step Two.
(a) Should an Employee believe that a need has arisen for an immediate meeting with a ▇▇▇▇▇▇▇ or other Union representative they will be allowed to do so only after requesting permission from their immediate supervisor. The Employee will be allowed reasonable time during working hours to meet, with no loss of pay or benefits. Such request will be granted so long as it does not interfere with the performance of the Employee’s work or the operations of the City.
(b) If an Employee believes that an assigned task is illegal or unsafe, the Employee will not be denied an opportunity to make an immediate phone call to a ▇▇▇▇▇▇▇ or Union representative prior to performing the task.
(a) The parties shall attempt to resolve grievances at the lowest possible level.
(b) Grievances must be filed within the time frames specified in this Article. Grievances not filed or appealed in a timely manner will be considered resolved based on the Employer’s last action. Grievances that have not been responded to by the Employer within the time frames set forth in this Article will be moved to the next step in the contractual procedure. When the next step is binding arbitration and the Employer does not respond within the established time frame, the Union will notify the Employer in writing clearly indicating all grievants, that it plans to proceed to binding arbitration unless the article and section violated, summarizing all relevant facts and the remedy sought Employer responds to the immediate supervisor within fifteen (15) days of the incident. The supervisor will arrange for a meeting to take place grievance within ten (10) days after receipt of working days. If the Employer again fails to respond to the grievance. The grievant, the Union's representative if desired by the employee, and the supervisor shall be present for Union proceeds to arbitration, the meeting. Within ten (10) days Employer will bear the full cost of the meetingarbitration.
(c) The parties may, by mutual agreement, waive certain steps, and/or extend stated time frames. Such mutual agreement will be reduced to writing and signed by the grievant and parties prior to the Union shall expiration of said time frame. Grievances may, by mutual agreement of the parties, be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the advanced to any step.
(d) A grievance may be advanced to filed by an aggrieved employee. The Chief ▇▇▇▇▇▇▇ or their designee may file a grievance. A grievance shall identify: (i) the next Employee or Employees aggrieved; (ii) the alleged violation; and (iii) the remedy sought. Class grievances may be permitted when the grievance involves (i) multiple employees; (ii) the same underlying facts and issues; and (iii) the same alleged violations of this Agreement. Class grievances will be processed beginning at Step 2 of the grievance procedure, unless the grievance involves a cross-departmental issue in which case it will be processed beginning at Step 3.
(e) At each step of the grievance procedure.
Step 2: If the grievance is not resolved at Step 1, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical Employee is entitled to representation by a ▇▇▇▇▇’s written response including ▇▇ or other Union representative unless the reasons for the decisionEmployee waives such representation. The Employer recognizes and will deal with authorized Council 3 representatives at any step. If an Employee objects to representation, the Director Union may still have a representative present at any step to observe the meeting.
(f) Where the Department Head is an Employee’s immediate supervisor, grievances will be initiated at Step One of Physical ▇▇▇▇▇ does not respond in a timely mannerthe following procedure. If there is no resolution at Step One, the grievance may be advanced will move to the next step of the grievance procedureStep Three.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whichever
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievances. 6.1 For purposes (a) Should any dispute arise between any employee or group of employees under this Agreement and a representative of the Company involving the application and interpretation of the Agreement, such dispute should normally be adjusted informally at the local department level. If the dispute is not settled, it shall be placed in writing on a standard form and shall become a grievance is defined as an allegation by an employee or the Union that there has been a violation, misrepresentation, or misapplication of the terms of this Agreement. All time limits consist of work days – Monday through Friday with the exception of the posted Observed Campus Closure Schedule.
6.2 The Board and the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance may be processed handled as follows:
Step 1: . The employee or the Union may present the grievance in writing clearly indicating all grievantsshall be presented, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor within fifteen (15) working days of after the incident. The event giving rise to the grievance, to the local supervisor will who shall arrange for a meeting with the grievant and their properly designated Union representative(s) to take place discuss the issue(s) which gave rise to the grievance. The meeting shall be held within ten five (105) working days after the receipt of the written grievance. If after the meeting with the local supervisor the grievance is not settled, the local supervisor shall designate the management representative for Step 2 and specify the mode of delivery and receipt, then:
Step 2. The grievance shall be submitted within five (5) working days to the designated management representative, who shall within fifteen (15) working days meet with the grievant and their properly designated Union representative(s) to discuss the grievance. In the event of failure to satisfactorily adjust and settle the grievance, the management representative shall designate the management representative for Step 3 and specify the mode of delivery and receipt, then:
Step 3. The grievance shall be submitted within five (5) working days to the designated management representative. Within fifteen (15) working days from receipt of the grievance, the designated management representative shall arrange a meeting with the Union Business Manager and/or the Union President to discuss the grievance. In the event of failure to satisfactorily adjust and settle the grievance, then:
Step 4. The grievantUnion Business Manager may submit the grievance to arbitration within thirty (30) working days.
(b) If a grievance is not submitted to the management representative designated above within the time limit prescribed in each step, the Union's representative if desired by the employee, and the supervisor grievance shall be present for the meetingconsidered withdrawn. Within ten (10) days of the meeting, the grievant and the Union shall The time limits prescribed in each step may be provided with the supervisor's written response including the reasons for the decisionextended by mutual agreement. If the supervisor Company does not respond adhere to their time limits specified in a timely manner, the grievance may be advanced to the next step of the grievance procedure.
Step 2: If the grievance is not resolved at Step 1, then the grievant and/or 2, or 3, the Union may refer can advance the grievance to the Director of Physical Plant or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedurestep.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whichever
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievances. 6.1 For purposes 20.01 Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement.
20.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievance shall be presented indicating the Collective Agreement which has been and shall be processed as follows: provision of the allegedly violated Within ten (10) working days after the event giving rise to the grievance occurs, the employee and his store ▇▇▇▇▇▇▇ shall discuss the grievance with the Store Manager. The Manager shall give an oral answer to the grievance within four (4) working days. Failing settlement: The grievance shall be reduced to writing and will be discussed between the Union Representative, the Store Manager and the District Manager. This discussion will be held within seven (7) working days of the decision of Step One. The District Manager will give his answer in writing within four (4) working days of the date of the meeting. Failing settlement: The grievance shall be forwarded to the Head Office of the Employer within one (1) week of the decision at Step Two and the Employer shall have one (1) week to dispose of the grievance. The decision shall be in writing and sent to the offices of the Union. If considered necessary by the parties, a grievance meeting may be held by the parties and may include the interested persons. If a meeting is defined as an allegation by an employee or held, the Union that there has been a violation, misrepresentation, or misapplication decision shall be given to the other party within seven (7) days from the date of the terms of this Agreement. All time limits consist of work days – Monday through Friday with the exception of the posted Observed Campus Closure Schedulemeeting.
6.2 The Board and 20.03 In the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve case of a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievantdischarge, a grievance may be processed as follows:filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed within four (4) working days from the date of dismissal and shall commence at Step Two. In any subsequent disposal of this case during the Grievance Procedure, the Employer may reinstate the employee with full back pay, suspend the employee for a definite period or sustain the discharge, if mutually agreed to by the parties of this Agreement.
20.04 Grievances concerning rates shall commence at Step 1: Two of the Grievance Procedure and the disposition of such grievances if sustained, shall include the determination of the effective date of the increase with retroactivity thereto.
20.05 The employee Employer or the Union may present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor within fifteen (15) days file grievances commencing at Step Three.
20.06 The limits as prescribed above may be modified by mutual agreement of the incident. The supervisor will arrange for a meeting to take place within ten (10) days after receipt of the grievance. The grievant, the Union's representative if desired by the employee, and the supervisor shall be present for the meeting. Within ten (10) days of the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedureparties.
Step 2: If the grievance is not resolved at Step 1, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedure.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whichever
Appears in 1 contract
Sources: Collective Agreement
Grievances. 6.1 For purposes the purpose of this Agreement, the term grievance shall mean a grievance is defined as an allegation by an employee or dispute between the Union that there has been a violation, misrepresentation, or misapplication of the terms of this Agreement. All time limits consist of work days – Monday through Friday with the exception of the posted Observed Campus Closure Schedule.
6.2 The Board Employer and the Union hereto acknowledge that it is usually most desirable for or the Employer and an employee and concerning alleged misinterpretation or violation of the supervisor Agreement. Grievant shall mean any aggrieved employee and/or the Union. It is mutually agreed that the Union has the right in its own capacity to resolve a problem through free and informal communicationact as an aggrieved party in the grievance procedure. AccordinglyIn the event that the aggrieved party is an individual employee, the parties grievance procedure shall attempt begin with Step 1. In the event the Union is the aggrieved party, the procedure shall begin with Step 3. The grievant shall have thirty (30) calendar days to informally resolve any initiate the grievance herein defined. However, if procedure from the informal process fails to satisfy time the grievant, a grievance may be processed as follows:aggrieved party first becomes aware of the alleged grievance.
Step 1: The employee or grievant shall submit in writing, to the Union may present the grievance in writing clearly indicating all grievantscommittee, the article and section violated, summarizing all relevant facts and involving the alleged grievance along with the remedy sought to the immediate supervisor within fifteen (15) days of the incidentsought. The supervisor will arrange for Union grievance committee, upon receiving the written and signed statement, shall determine if a meeting to take place grievance exists within ten fourteen (1014) calendar days after receipt of the said grievance. The grievantIf, the Union's representative if desired by the employeein their opinion, and the supervisor shall no grievance exists, no further action will be present for the meeting. Within ten (10) days of the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the grievance may be advanced to the next step of the grievance proceduretaken.
Step 2: If the committee agrees that a grievance is does exist, they and/or the employee shall outline the grievance in writing, identify all relevant facts and specify the article(s) and section(s) in dispute along with the remedy sought and present the same to the employee's Assistant Chief of Operations within fourteen (14) calendar days. The Assistant Chief of Operations shall forward a copy of the grievance immediately to the Fire Chief. Step 3: If within fourteen (14) calendar days following receipt the Assistant Chief of Operations has not resolved at Step 1settled the grievance satisfactorily, then the committee and/or the employee may submit it to the Fire Chief. If the grievant is the Union, the first step of the grievance shall be to submit the grievance in writing to the Fire Chief using the grievance format (facts, contract provisions and remedy) of Step 2. Step 4: If within fourteen (14) calendar days following receipt the Chief has not settled the grievance satisfactorily, the committee and/or employee may submit it to the Mayor. Step 5: If within fourteen (14) calendar days following receipt the Mayor has not settled the grievance satisfactorily, the Union may refer submit the grievance to the Director arbitration. The City and Union representatives shall meet within forty-five (45) calendar days of Physical Plant or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after grievance by the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for Chief to select a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decisionneutral arbitrator. If the Director parties cannot agree to the appointment of Physical ▇▇▇▇▇ does not respond in a timely mannerneutral arbitrator, the parties shall submit a request to the Federal Mediation and Conciliation Service (FMCS) for a listing of nine (9) professional arbiters. Within seven (7) calendar days following receipt of the list from the FMCS, the parties shall meet and shall take turns in striking names from the list until one remains; the first striking to be governed by the toss of a coin. The decision of the arbitrator shall be final and binding upon all parties concerned. Each side to the arbitration shall pay for one-half of the arbitrator's fees and expenses. The employee or Union and the City may, by mutual written agreement, extend the time limits specified in this grievance procedure. By mutual written agreement, any step in the grievance procedure may be omitted and the grievance advanced to the next step of the grievance procedurestep.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whichever
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. 6.1 1. The purpose of the procedure set forth hereinafter is to produce prompt and equitable solutions to those problems which from time to time may arise and affect the conditions of employment of the employees covered by this Contract.
2. For the purposes of this Agreementthe procedure set forth hereinafter, a grievance is defined as an allegation by an alleged violation, misinterpretation, or inequitable application of existing policies or the provisions of the contract in reference to wages, hours, or other conditions of employment.
3. The following GRIEVANCE PROCEDURES shall be in effect: Step One: The employee with a grievance or the Union that there has been a violation, misrepresentation, or misapplication of the terms of this Agreement. All time limits consist of work days – Monday through Friday with the exception of the posted Observed Campus Closure Schedule.
6.2 The Board and the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve a problem through free and informal communication. Accordingly, the parties Representative shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance may be processed as follows:
Step 1: The employee or the Union may present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought matter to the immediate supervisor within fifteen (15) days Supervisor of Buildings and Grounds in the incident. The supervisor will arrange for case of a meeting Custodian or Maintenance Person or to take place the Food Services Director in the case of a food service employee within ten (10) days after receipt workdays from the occurrence of the grievanceevent upon which the grievance is based. The grievant, If such occurrence is during the Union's representative if desired by the employee, and the supervisor shall be present for the meeting. Within ten last five (105) days of school, then the meetinggrievance must be presented within seven (7) calendar days of the occurrence. The Supervisor of Buildings and Grounds or the Food Services Director, as the grievant and case may be, will respond to the Union shall be provided with grievance within five (5) workdays of the supervisor's written response including the reasons for the decisionpresentation. Step Two: If the supervisor does not respond in a timely mannerthere is no satisfactory resolution at Step One, the grievance may be advanced presented in writing by the employee or the Union Representative to the next step Superintendent or designee within five (5) workdays of the grievance procedure.
Step 2: If One answer. The Superintendent or designee shall hold a meeting on the grievance is not resolved at Step 1, then the grievant and/or the Union may refer within five (5) workdays of its presentation and will respond to the grievance to the Director of Physical Plant or his/her official designee in writing within ten (10) days after receipt workdays of the Step 1 response Two meeting. Step Three: If there is no satisfactory resolution at Step Two, the grievance may be presented by the Employee or the Union in writing to the School Committee within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedure.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt workdays of the Step 2 response or Two answer. The School Committee shall hear the grievance at its next regularly scheduled meeting if such request is made before the agenda is set. The School Committee shall respond to the grievance within ten (10) days after the Step 2 meeting, whicheverten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. 6.1 For purposes of this Agreement, All parties acknowledge and agree that the Alternative Dispute Resolution (ADR) program shall be utilized as much as practical to resolve issues before elevating the issue to a grievance is defined as an allegation by an employee or procedure. The use of ADR shall not adversely affect the Union that there has been a violationrights of individuals to seek resolution of their issues through the established complaint, misrepresentationgrievance, or misapplication and appeal systems, provided established time frames in each system are otherwise met.
A. Grievance procedures will generally adhere to the procedures outlined in Section 7121 of the terms of this Agreement. All time limits consist of work days – Monday through Friday with the exception of the posted Observed Campus Closure ScheduleStatute.
6.2 The Board and B. Employee(s) may first raise the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor matter to resolve a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance may be processed as follows:
Step 1: The employee or the Union may present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought grieved to the immediate supervisor within fifteen (15) days of the incident. The supervisor will arrange for a meeting to take place within ten (10) days after receipt of the grievance. The grievant, the Union's representative if desired by the employee, and the supervisor shall be present for the meeting. Within ten (10) days of the meeting, the grievant and the appropriate Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedure.
Step 2: If the grievance is not resolved at Step 1, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s ▇▇ in person, (if on site), or by phone, or may raise the matter directly with management. This action does not require prior supervisory approval.
C. Either the Union or employee shall raise the issue with the lowest common Supervisor within twenty-one (21) calendar days of the date the grievant became aware, or had reason to become aware, of the incident giving rise to the grievance. The written response including grievance shall, as a minimum, note the reasons for incident being grieved and the decision. If remedy requested, and identify the Director of Physical appropriate Union ▇▇▇▇▇▇▇ does not respond in representing the grievant. Union initiated grievances shall be filed with the lowest level supervisory official with authority to resolve the grievance.
D. Upon receipt of a timely mannergrievance, the grievance Supervisor shall review the matter being grieved, schedule and hold a meeting to include the Supervisor, the grievant and/or Union ▇▇▇▇▇▇▇, and another Management designee, to discuss the issues within seven (7) calendar days of receipt of the written grievance. The Supervisor shall forward a written response granting or denying the remedy requested within fourteen (14) calendar days of that meeting.
E. If not satisfied with the immediate Supervisor's response, the Union may similarly request in writing a review by the State Executive Director within fourteen (14) calendar days of receipt of the immediate Supervisor's decision. Within seven (7) calendar days of receipt, the SED shall schedule a meeting to include the Chief ▇▇▇▇▇▇▇ or designee, the grievant or Union ▇▇▇▇▇▇▇ originally involved the SED or designee and a Management designee. The SED or designee shall respond with a written decision granting or denying the remedy requested within fourteen (14) calendar days of that meeting.
F. If the Union is not satisfied with the SED's response, that response may be advanced appealed to arbitration within twenty-five (25) calendar days of receipt of the final Agency response.
G. Time limits indicated above may be modified upon mutual agreement by both parties. Failure to meet agreed upon time limits shall allow the Agency to reject a grievance/appeal to arbitration as untimely, and shall allow the Union to proceed to the next step of the grievance in this procedure.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whichever
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. 6.1 For purposes of this Agreement1. Grievances, a grievance is defined as an allegation by an employee or the Union that there has been a violation, misrepresentation, or misapplication of the terms of this Agreement. All time limits consist of work days – Monday through Friday complaints and communications from employees associated with the exception of Omaha Education Association shall be initiated in the posted Observed Campus Closure Schedule.following manner:
6.2 The Board and a. If the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve has a problem through free and informal communication. Accordinglygrievance, the parties shall attempt to informally resolve any grievance herein defined. Howeveremployee should, if the informal process fails to satisfy the grievant, a grievance may be processed as follows:
Step 1: The employee or the Union may present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor within fifteen (15) 20 working days of the incident, first discuss the matter with an immediate superior (at the building level the immediate superior is the principal) in an effort to resolve the problems informally. A representative of the Association's staff may be invited to attend by either party. If the subject of the grievance extends beyond the authority and jurisdiction of the building principal, the employee may discuss the matter with the Chief Human Resources Officer. If the employee is not satisfied, the employee shall have the right to have an Association representative's assistance in further efforts to resolve the problem.
b. If the problem is not resolved through the aforesaid procedure, then within 20 working days of the incident, the aggrieved person must submit a grievance in writing to the principal or to the person to whom the aggrieved is directly responsible. The supervisor will arrange for person to whom the grievance has been submitted shall have a meeting reasonable period, not to take place exceed 10 working days, to render a decision and the reasons therefore in writing to both the aggrieved person and to the Association.
c. If the aggrieved person is not satisfied with the disposition of the grievance, an appeal to the Superintendent should follow within ten (10) 10 working days. Within 10 working days after receipt of the grievancewritten appeal, the Superintendent or designated representative(s) shall meet with the aggrieved person. The grievantAssociation's staff may be invited to attend, the Union's representative if desired by the employeeeither party, and participate in any meeting of the supervisor Superintendent or designated representative(s) with the aggrieved person. The Superintendent shall be present for the meeting. Within ten (10) within 10 working days of the meetinghearing render a decision and the reasons thereof in writing to the aggrieved person with copies to the Association and to members of the Board of Education.
d. Should the aggrieved person so desire, the grievant and decision of the Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the grievance Superintendent may be advanced appealed to the next step Board of the grievance procedure.
Step 2: If the grievance is not resolved at Step 1, then the grievant and/or the Union may refer the grievance Education. Such a request should be sent to the Director of Physical Plant or the Office of the Board of Education within 10 working days of the receipt of the Superintendent's decision in the matter. Such an appeal shall be in the form of a written request for a hearing before the Board of Education. At the first meeting after receiving a grievance, the Board of Education shall set a hearing date which shall be within 10 working days. The aggrieved person shall, at this hearing, have the right to be assisted by a member of the staff of the Association and/or an attorney of his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is laterchoice. The Director Board of Physical Plant Education shall arrange with the Union representative for a meeting to take place within ten (10) 10 working days of the appealhearing render a decision in the matter and direct its Director to provide written notification of its decision to the aggrieved person and the Association. Within ten (10) days A similar procedure shall be followed by employees other than those who are members of the meetingOmaha Education Association.
e. If the employee has a complaint other than a grievance, the Union employee may use steps a through c outlined in the grievance procedure above. Employees or groups of employees desiring to address the Board of Education on any matter shall direct their communications to the Director, not to individual members, except that copies of any communication may be sent to all members. An advisory committee of selected personnel shall be provided appointed by the Superintendent upon the advice of the Assistant Superintendent for Human Resources, to maintain a continuous liaison with all employees relative to maintaining high morale and professional growth among all employees.
2. All complaints shall be in writing, and no anonymous correspondence may be considered officially by the Director Board of Physical ▇▇▇▇▇’s written response including the reasons for the decisionEducation. If the Director of Physical ▇▇▇▇▇ does not respond It shall be understood by all parties involved in a timely manner, the grievance may procedure that no reprisals of any kind, implied or intended, shall be advanced to brought against the next step person or persons involved in the resolving of the grievance proceduregrievance.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whichever
Appears in 1 contract
Sources: Master Agreement
Grievances. 6.1 For purposes A Group Grievance shall be an alleged violation of this Agreementthe Collective Agreement by two (2) or more Employees, a grievance and arising out of the same set of circumstances as agreed to by the Parties. The result of the Group Grievance shall be binding upon all of the If an Employee is defined as an allegation by an employee disciplined, suspended, or the Union that there discharged and if believes has been a violationunjustifiably disciplined, misrepresentationsuspended, or misapplication discharged, shall have Grievance processed under the Grievance Procedure starting at Stage Two if presented in writing within seven (7) calendar days after the date of discipline, suspension, or discharge. If the Grievance shall be settled finally in the favour, reinstatementand pay adjustments shall be made at regular basic rate, less amounts earned during time lost, for the hours per week or any other arrangements which are just and equitable in the opinion of the terms conferring parties, or in the opinion of this Agreement. All time limits consist a Board of work days – Monday through Friday with the exception of the posted Observed Campus Closure Schedule.
6.2 The Board and the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. HoweverArbitration, if the informal process fails matter is referred to satisfy the grievant, such a grievance may Board. Any Employee who receiveswritten disciplinary notice shall be processed as follows:
Step 1: The employee or the Union may present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor so notified within fifteen twenty (1520) calendar days of the incidentoccurrence. A copy of the said notice shall be forwarded to the Secretary of the Union. Should an Employee's Personnel record remain clear of any recorded disciplinary notices for a period of twelve (12) consecutive months for Full Time or twelve hundred and forty-eight (1248) hours of work for Part Time Employees from the date of the last recorded discipline, then only the formally recorded disciplinary notices for absenteeism, lateness, or failure to provide an acceptable standard of work shall be eliminated from the Employee's Personnel record. The supervisor Employer will arrange for a meeting to take place within ten (10) days after receipt advise the Employee in writing of the grievanceeliminationof the disciplinary notices for absenteeism, lateness, or failure to provide an acceptable standard of work, with a copy to the Union. Whenever the Employer deems it necessary to discipline, suspend, or discharge an Employee for just cause, the Employee will be so advised in advance. The grievant, Employee may request the Union's representative if desired by the employee, and the supervisor shall be present for the meeting. Within ten (10) days presence of the meeting, the grievant and the a Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedure.
Step 2: If the grievance is not resolved at Step 1, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner. A copy of the written confirmation of the discipline, the grievance may suspension, or discharge shall be advanced to the next step Secretary of the grievance procedureUnion.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whichever
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. 6.1 For purposes of this Agreement(a) An employee having a grievance, a grievance is defined as an allegation by an employee or the Union that there has been a violation, misrepresentationpotential grievance, or misapplication of a complaint, may first take the terms of this Agreement. All time limits consist of work days – Monday through Friday matter up orally with their immediate manager, and if they are not satisfied with the exception of resolution, refer the posted Observed Campus Closure Schedule.
6.2 The Board and the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance may be processed as follows:
Step 1: The employee or the Union may present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought matter to the immediate supervisor within fifteen (15) days of the incident. The supervisor will arrange for a meeting to take place within ten (10) days after receipt of the grievance. The grievant, the Union's representative if desired by the employee, and the supervisor shall be present for the meeting. Within ten (10) days of the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedure.
Step 2: If the grievance is not resolved at Step 1, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ’s Shop ▇▇▇▇▇’s written response including the reasons for the decision▇▇. If the Director Union considers the grievance a just one, a written grievance will be initiated and submitted in accordance with the provisions of Physical ▇▇▇▇▇ does this Article. Once a grievance is being handled by a representative of the Union, the Company will not respond endeavour to settle the grievance directly with the employee.
(b) All grievances will be submitted by the Union in writing, on a form agreed to by both parties, and contain the following information: ● article(s) allegedly violated, ● grievor’s name, ● grievor’s job title, ● grievor’s manager, ● date of the occurrence of the alleged violation, ● nature of grievance (description), ● remedy sought.
(c) A grievance will not be deemed to be invalid prior to Step 2 by reason only of the fact that the written grievance was not properly completed with respect to the information stipulated in subsection 10.01(b).
(d) Discussions at Step 1 and 2 of the grievance procedure are conducted without prejudice to the position of either party.
10.02 It is the mutual desire of the parties that grievances be resolved as quickly as practicable. Time limits are prescribed for this purpose. Time limits and procedures contained in this Article are mandatory. Failure to pursue a grievance within the prescribed time limits and in accordance with the prescribed procedures will result in abandonment of the grievance. Failure to reply to a grievance in a timely manner, fashion will advance the grievance may be advanced to the next step. Grievances so advanced will be subject to time limits as if a reply had been made on the last allowable day of the preceding step in the procedure. Time limits may be extended by written agreement between the Company and the Union.
10.03 A meeting convened at any step of the grievance procedureprocess shall be conducted via videoconferencing or face-to-face.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whichever
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. 6.1 For purposes 1. Either party to this Agreement alleging a violation hereof shall lodge written complaint with the other party hereto by setting forth in a signed statement the grounds for complaint and requesting abandonment of the causes thereof.
2. When the Union is the complainant, it shall lodge its complaint with the representatives of the Employer, and when the Employer is the complainant, he/she shall lodge his/her complaint with the Business Manager of the Union.
3. Should the reasonableness of a complaint be challenged by an Employer or by the Union, the representative of said Employer shall meet with the Business Manager of the Union for the purpose of considering and adjusting the matter in controversy.
4. The representative of the Employer shall arrange a convenient time and place for said meeting, which shall be held within twenty-four (24) hours of the time requested for said meeting.
5. It is further agreed that there shall be no stoppage of work due to jurisdictional controversy between the trades and that said jurisdictional controversy arising shall be decided under the rules and regulations as laid down by the National Labor Relations Board. It is further agreed that there shall be no stoppage of work due to any violation or alleged violations of this Agreement, a grievance with the exception of the failure to pay current wage rates and fringes.
6. In the event that any complaint is defined not settled as an allegation above outlined, it may be referred by an employee either the Employer or the Union to a committee of six, consisting of three members selected by the Association and three members selected by the Union, which shall be known as the Joint Grievance Committee. The Committee shall meet to hear any controversy submitted to it within five (5) working days of the submission. The decisions of the Committee, which shall be reached by majority vote of the entire Committee, shall be final and binding upon the Employer, the Union and any employee or employees involved. Each decision shall be reduced to writing and signed by the members of the Committee promptly.
7. The refusal or failure by a party to schedule or attend a Joint Grievance Committee meeting provided for in Section 6 shall constitute waiver of all prior irregularities in the grievance procedure, and the complainant may proceed directly to arbitration. If the com- plainant prevails in the arbitration over such party, that there party shall pay all costs of arbitration, excluding attorney fees. If the complainant does not prevail, each party will pay its own costs, except the arbitrator's fee shall be shared equally.
8. If the Committee cannot settle or adjust a matter referred to it, either the Employer or the Union may submit the matter to arbitration within ninety (90) calendar days before a mutually acceptable arbitrator selected by the Committee. If the Committee cannot agree upon an arbitrator within three (3) working days of the date upon which the matter is submitted to arbitration, then either the Employer or the Union may, within five (5) working days, submit the matter in controversy to the Federal Mediation and Conciliation Service for the selection of an arbitrator in accordance with the applicable rules. The arbitrator's fee shall be shared equally by the Employer and the Union.
9. Once the arbitrator has been a violationselected, misrepresentationthe arbitration hearings shall commence on the earliest date available from the arbitrator, unless both sides agree in writing to some other date. Once the date for commencement of hearings has been set, neither party shall request from or misapplication be granted by the arbitrator any change in the hearing date without the written consent of the other party.
10. The arbitrator shall confine his/her decision to the dispute in question and he shall not have authority to add to, subtract from or in any way modify the terms of this Agreement. All time limits consist of work The arbitrator's decision shall be rendered within thirty (30) days – Monday through Friday with from the exception date of the posted Observed Campus Closure Schedulehearing and shall be final and binding upon the Employer and the Union, and the employee or employees involved.
6.2 The Board and the Union hereto acknowledge that it is usually most desirable 11. Members not submitting claims for an employee and the supervisor to resolve a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance may be processed as follows:
Step 1: The employee proper wages or the Union may present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor overtime due within fifteen thirty (1530) days of the incidenteach pay period, shall be deemed as having waived and vacated their rights to claim. The supervisor will arrange for a meeting to take place within ten (10) days after receipt of the grievance. The grievant, the Union's representative if desired by the employee, and the supervisor shall be present for the meeting. Within ten (10) days of the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor thirty-day limit does not respond in a timely manner, the grievance may be advanced apply to the next step of the grievance procedureclaims for fringe benefit contributions.
Step 2: If the grievance is not resolved at Step 1, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedure.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whichever
Appears in 1 contract
Sources: Laborers' Agreement
Grievances. 6.1 1. For purposes the purpose of this Agreement a grievance shall be defined as a dispute or controversy between an individual employee covered by this Agreement and the Employer arising out of the application or interpretation of this Agreement, ; or a grievance as defined by Section 682, Subdivision 4 of Article 16 of the General Municipal Law.
2. The inclusion of this Article of grievances as defined by Article 16, Section 682, subdivision 4 of the General Municipal Law is defined as an allegation by an employee or intended to substitute the Union that there has been a violation, misrepresentation, or misapplication grievance procedure of this Agreement for the grievance procedure which the Employer previously adopted under the terms of Article 16 of the General Municipal Law and which is required by said law, and upon the effective date of this Agreement the grievance procedure in the Agreement shall be the only such procedure available to employees covered by this Agreement.
3. All time limits consist The purpose of work days – Monday through Friday this Article is to provide the sole method for the settlement of grievances as defined herein and such grievances shall be settled in accordance with the exception of the posted Observed Campus Closure Schedule.
6.2 The Board and the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance may be processed as followsfollowing procedure:
Step 1: The employee or the Union may present the grievance 1 Grievances shall be presented in writing clearly indicating all grievantsby the grievant or Association no later than the fifteenth (15th) business day after the Association President and/or grievant knew or should have known of the violation, to the Sheriff or in his/her absence, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor within fifteen (15) days of the incidentUndersheriff. The supervisor will arrange for Sheriff or designee shall convene a meeting to take place within ten (10) business days after of the date of receipt of the written grievance. The grievantmeeting shall include the aggrieved employee(s), the Union's representative if desired by the employeean Association representative, and the supervisor shall be present for the meetingSheriff or designee. Within ten (10) days of the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedure.
Step 2: If the grievance is not resolved at Step 1as a result of this meeting, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or his/her official designee within not later than ten (10) business days after following the date the meeting occurred the Sheriff or designee will deliver to the aggrieved employee and the Association representative its decision on the grievance in writing.
Step 2 If the grievant or Association wishes to appeal an unsatisfactory decision of Step 1, the appeal must be presented to the County Administrator no later than the end of the tenth (10th) business day from the date of receipt of the Step 1 response or within ten decision. The County Administrator shall issue his/her written decision to the Grievant and Association President no later than the end of the tenth (1010th) days business day after the appeal was received. The Chairman of the County Legislature shall act in the absence of the Administrator.
Step 3 In the event the Association is not satisfied with the decision issued at Step 2, the Association may submit the matter to arbitration by submitting a request for hearing to a panel arbitrator no later than the end of the tenth (10th) business day after the Step 1 meeting2 decision was received, whichever is laterwith a copy to the County Administrator. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union panel arbitrators shall be provided with the Director of Physical used in rotating order and shall be: ▇▇▇▇▇ ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Either party may strike a panel member at any time, and the parties may agree upon a replacement arbitrator. There shall be no more than three arbitrators on the panel. If at least one panel member does not respond in remain, arbitrations will be conducted under the rules of the Public Employment Relations Board until such time as the parties can agree on a timely manner, the grievance may panel member or members. The arbitrator's decision shall be advanced advisory only to the next step parties. All fees and expenses of the grievance procedurearbitrator shall be shared equally between the parties.
Step 3: If 4. Failure to give an answer within the grievance is not resolved at Step 2, then the grievant and/or the Union may refer specified time limits set out above shall automatically move the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whichevernext step.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. 6.1 For purposes of this Agreement, Any employee has the right to and may talk to his/her supervisor about any question or problem that may arise. If a grievance is defined as an allegation by an employee difference arises concerning the interpretation or the Union that there has been a violation, misrepresentation, or misapplication application of the terms of this Agreement. All time limits consist of work days – Monday through Friday , it shall be resolved in accordance with the exception of the posted Observed Campus Closure Schedule.
6.2 The Board and the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance may be processed as followsfollowing procedure:
Step 1: The . A grievance by an employee or must be presented in writing to his/her Department Head within twenty (20) workdays of the occurrence of the alleged grievance.
Step 2. If not settled at the first step, the grievance may be presented to the Department Head and Town Supervisor by the employee and the Union may present representative in the department involved. If presented, the grievance must be presented in writing clearly indicating all grievants, writing. If the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor within fifteen (15) days of the incident. The supervisor will arrange for a meeting to take place grievance is not settled within ten (10) working days after receipt of the grievance. The grievantpresentation at this step, the Union's representative if desired by the employee, and the supervisor shall it may be present for the meeting. Within ten (10) days of the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reasons for the decisiontaken to Step 3.
Step 3. If not settled at the supervisor does not respond in a timely mannersecond step, the grievance may be advanced presented to the next step a meeting of the grievance procedure.
Step 2: Department Head, Town Supervisor, Town Board, the employee, the Union representative of the department involved, and such other representatives as the Union and Town may choose to have present. If the grievance is not resolved at Step 1, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place settled within ten (10) days of the appeal. Within ten (10) days presentation at this step, it may, provided the matter involves the application or interpretation of the meetingterms of this Agreement, be submitted to arbitration, as provided in Article XX.
19.2 The President of the Westchester County Local 860 of the CSEA, the designated representative or the assigned CSEA Labor Relations Specialist shall have the right to visit at a mutually agreed upon time any Town facility where employees represented by the Union work for the purpose of adjusting grievances and administering the terms of this Agreement, provided the Town Supervisor, or in the absence of the Town Supervisor, the appropriate Department Head, has given permission for the visit.
19.3 Any employee designated by the Union to assist in the handling of grievances, may, with the permission of the Department Head, leave the work location for a reasonable amount of time to carry out this responsibility. To the extent possible, handling of grievances shall be provided done during non-working hours, and, in any case, so as not to interfere with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedureessential services.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whichever
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. 6.1 For purposes of this Agreement, a 8.1 A grievance is defined as an allegation by an employee any complaint, disagreement or difference of opinion between the Union that there has been a violationparties hereto concerning the interpretation, misrepresentationapplication, operation, or misapplication alleged violation of the terms and provisions of this Agreement.
8.2 The Employer and the Union agree that it is most desirable to resolve misunderstandings and disputes through discussions between the employee and the appropriate management representative so as to resolve differences quickly and directly without necessarily having to resort to the following formal process. It is understood that employees shall have the right to involve Union Stewards or Union Labour Relations Officers in such a discussion, unless the employee expressly waives that right.
8.3 Employees may have the benefit of representation by Union Stewards or Union Labour Relation Officers at any of the steps in the procedure, and similarly management representatives may have the benefit of counsel.
8.4 All formal grievances shall be raised within fourteen (14) calendar days of the date on which the grievance becomes apparent, or ought to have become apparent. For grievances respecting terminations, the grievance shall be submitted within fourteen (14) days of the employee being notified of their dismissal. Grievances shall be in writing, must identify the specific clauses in this Agreement that are being violated and provide specific details in writing with respect to the individuals whose rights have been violated and/or damages resulting from the breach of this Agreement. All time limits consist Grievances shall be dealt with in the following manger without stoppage of work days – Monday through Friday work.
Step 1 The grievance shall be taken up with the exception of the posted Observed Campus Closure Schedule.
6.2 The Board and the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve appropriate client care manager who shall render a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance may be processed as follows:
Step 1: The employee or the Union may present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor decision within fifteen fourteen (1514) calendar days of the incident. The supervisor will arrange for a meeting to take place within ten (10) days after receipt of the grievance. The grievantA grievance at this step must be reduced to writing, on a form supplied by the Union, stating the facts of the grievance and the remedy requested, and be dated. In grievances which involve a dismissal, the Union's representative if desired by the employee, and the supervisor shall be present for the meeting. Within ten (10) days of the meeting, the grievant Employer and the Union may combine Steps 1 and 2 of the grievance procedure to expedite the matter. In responding to a grievance in Step 1, the client care manager shall be provided with reply to the supervisor's written response including Union in writing as to the disposition of the grievance. In the event the grievance is denied, the client care manager shall identify the reasons for the decision. If the supervisor does not respond denial in a timely manner, the grievance may be advanced to the next step of the grievance procedurewriting.
Step 2: 2 If the grievance a matter is not resolved at Step 1, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for if a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedure.
Step 3: If the grievance decision is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee rendered within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whicheverfourteen
Appears in 1 contract
Sources: Collective Agreement
Grievances. 6.1 For purposes 5.01 It shall be the objective of both the Company and the Union to settle grievances, formally or informally, at the lowest step possible. A grievance shall be a complaint or controversy by any employee or group of employees or by an authorized Union representative that arises during the term of this Agreement, a grievance is defined as an allegation by an employee with respect to the interpretation or the Union that there has been a violation, misrepresentation, or misapplication application of the terms any provision of this Agreement. All time limits consist of work days – Monday through Friday with CWA Stewards and agents will be the exception sole bargaining agent for all grievances. The Company will agree not to contact the grievant outside of the posted Observed Campus Closure Schedule.
6.2 The Board and the Union hereto acknowledge that it is usually most desirable for grievance procedure in an employee and the supervisor to resolve a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein definedsettle the grievance. However, if the informal process fails to satisfy Company may require additional facts from the grievant, a grievant during the grievance procedure in this event; the grievant and union representative may be processed present. Payment to authorized local union representatives presenting grievances shall be as follows:
Step (a) The Company shall pay for no more than two (2) Union Representatives and one (1: The ) employee or the Union may present for all time spent attending grievance meetings that occur during their scheduled hours, as well as for necessary time spent traveling to and from the grievance in writing clearly indicating meetings during normal working hours. This time shall be considered time worked. In no case will overtime be paid to attend meetings or any additional compensation as a result from attending meetings. No more than the Grievant and two (2) local union representatives and two (2) Company representatives may meet for the purpose of grievance meetings. Other persons may be present at all grievantssteps of the grievance procedures based upon mutual agreement of the parties. On request, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor within fifteen (15) days of the incident. The company’s supervisor will arrange meet with the union for a meeting to take place try to resolve the issue. The local Union Representative will provide the Company with the approved CWA District grievance form within ten (1045) days after receipt knowledge of the event, giving rise to the grievance or of the time the employee should have known of it. The CWA District form shall contain the exact nature of the grievance. The grievant, the Union's representative if desired act or acts complained of, by whom they were committed and when they occurred, the employeeidentity of the employee or employees who claim to be aggrieved, the specific provision or provisions of this Agreement which the employee or employees claim the Company has violated and the supervisor shall remedy sought. A joint Union-Company meeting will be present for the meeting. Within ten (10) days of the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedure.
Step 2: If the grievance is not resolved at Step 1, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or his/her official designee held within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedure.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whicheverforty-five
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. 6.1 For purposes of this Agreement,
1. In the event a grievance arises, the employee must bring it to the attention of his immediate supervisor and Union Business Committee within three (3) days of its occurrence; otherwise it is defined as waived. The supervisor and the employee shall discuss the grievance and attempt to arrive at an allegation by amicable solution. Both the supervisor and the employee may have another member of management and/or a Union Business Committee member present for the discussion.
2. In the event an amicable solution is not reached between the supervisor and the employee or within three (3) days, the employee shall refer the grievance to the Union that there has been a violation, misrepresentation, or misapplication of the terms of this AgreementBusiness Committee for investigation. All time limits consist of work days – Monday through Friday with the exception of the posted Observed Campus Closure Schedule.
6.2 The Board and If the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance may be processed as follows:
Step 1: The employee or the Union may present Business Committee considers the grievance in writing clearly indicating all grievantsto be meritorious, the article and section violated, summarizing it shall reduce all relevant facts concerning the grievance to writing and the remedy sought present it to the immediate supervisor Employer through the employee’s department head. The written grievance must be presented to the Employer within fifteen (15) days from the completion of the incidentabove step; otherwise it is waived. This investigative process will not in any way hamper the production processes, remove persons from a production line, or involve more than the aggrieved employee(s), his or her immediate supervisor, and one Union Business Committee Member.
3. The supervisor will arrange for a meeting to take place Employer shall investigate and act on the grievance within ten fifteen (1015) days after from receipt of the grievance. The grievant, the Union's representative if desired by the employee, and the supervisor shall be present for the meeting. Within ten (10) days of the meeting, the grievant and written grievance from the Union shall be provided Business Committee.
4. In the event the Union Business Committee is not satisfied with the supervisor's written response including Employer’s action on the reasons for the decision. If the supervisor does not respond in a timely mannergrievance, the grievance it may be advanced to the next step of the grievance procedure.
Step 2: If the grievance is not resolved at Step 1, then the grievant and/or the Union may refer submit the grievance to the Director Union’s International Business Representative. The Union’s International Business Representative shall then contact the Vice President of Physical Plant or his/her official designee within ten (10) days after receipt Human Resources of the Step 1 response Employer or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place his or her designee within ten (10) days of the appealEmployer’s action on the grievance to arrange a meeting to attempt to resolve the grievance in a mutually acceptable manner. Within ten (10) days At any step in this grievance procedure, the Union Business Committee or the Union’s International Business Representative shall have the final authority, with respect to their responsibility of representing any aggrieved employee covered by this Agreement to decline to process a grievance, complaint, difficulty or dispute, if, in the judgment of the Union Business Committee or the Union’s International Business Representative, such grievance or dispute lacks merit or lacks jurisdiction under the terms of this Agreement or has been amicably adjusted under the terms of this Agreement to the satisfaction of the Union Business Committee or the Union’s International Business Representative.
5. If, after such meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does grievance has not respond in a timely manner, the grievance may be advanced been resolved to the next step mutual satisfaction of the grievance procedure.
Step 3: If Employer and the grievance is not resolved at Step 2Union, then the grievant and/or Union shall have the Union may refer right to submit the grievance to the Executive Vice President of Finance and Administrative Federal Mediation & Conciliation Services or his/her official designee (FMCS) for arbitration within ten thirty (1030) days after receipt from the date of such meeting; otherwise the right is waived. The arbitration decision shall be final and binding on both parties. The arbitration proceedings shall be binding and governed in all respects by the Rules of the Step 2 response FMCS. The cost of arbitration shall be divided equally between the Employer and the Union. The arbitrator shall have no authority to add to, subtract from, change or within ten (10) days after modify any provisions of this Agreement, but shall interpret the Step 2 meetingexisting provisions of this Agreement and apply them to the specific facts of the dispute. The parties shall jointly set forth in writing the specific issues to be arbitrated, whicheverand the arbitrator shall confine his award to such issues alone. There shall be no work interruption of any kind pending the decision of the arbitrator.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. 6.1 For purposes (a) The Company agrees to meet and treat with the duly accredited officers and committees that are elected or selected by the Brotherhood upon all questions and grievances that may arise between the parties hereto during the life of this Agreement, agreement. Every effort will be made by the parties hereto to settle disputes promptly and at the locations where they arise. A local Union/Company committee will be formed as needed to discuss disputes for resolution using the mutual gains process before a formal grievance is defined as an allegation by an employee or filed. It being the Union that there has been a violation, misrepresentation, or misapplication desire of the terms parties to settle grievances promptly, the Brotherhood will endeavor to provide the available information as to date of this Agreementoccurrence, facts and circumstances giving rise to the grievance, contract provisions allegedly violated, employees involved, and remedy sought. All time limits consist of work days – Monday through Friday with Such information will be furnished to the exception Company prior to the first step of the posted Observed Campus Closure Schedule.
6.2 The Board and the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve a problem through free and informal communication. Accordinglygrievance procedure, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance but may be processed amended prior to any subsequent step of the grievance procedure as followsmay be necessary to reflect new information. It is understood, however, that failure to provide such information as set forth above, will not prejudice the position of the Brotherhood in any grievance. As necessary for settlement, grievances will be reduced to writing and handled in the following successive steps:
Step 1: . Between the aggrieved employee and/or representatives of the Brotherhood acting in the employee’s behalf, and the employee’s supervisor and the general supervisor (or his designee) in charge of the operation in which the grievance arose, together with the appropriate Human Resources representative.
Step 2. Between the aggrieved employee and/or representatives of the Brotherhood acting in the employee’s behalf, and the Manager-Labor Relations together with the Vice President in charge of the operation in which the grievance arose or their designated representatives. In the event any grievance is not settled by any of the preceding steps of the grievance procedure, it may be submitted to arbitration. The employee Brotherhood will have a maximum of ninety (90) days from the date of the Company's written decision in the final step in which to give written notice to the Company that a grievance is not satisfactorily settled and that the Brotherhood desires to submit the grievance to arbitration as provided in Article IX of this agreement. The Company's decision will be reduced to writing and a copy furnished to the Brotherhood as soon as possible after the conclusion of each grievance step. If a stenographic report is made of the proceedings of any such meeting by the Company or the Union may present Brotherhood, a typewritten copy will be furnished to the other party within five (5) days.
(b) It being the desire of the parties hereto to settle grievances promptly, it is agreed that no grievance will be considered unless it is brought to the attention of the Company as a grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor manner provided for herein within fifteen thirty (1530) days of the incidentoccurrence of the facts giving rise to the same. The supervisor It is further agreed that a maximum of twenty-one (21) days will arrange for be allowed from the time of receipt of such notice that a meeting grievance exists until such grievance will be handled as provided in Step 1 of this Article VIII, paragraph (a). Upon completion of Step 1 as provided in this Article VIII, paragraph (a), the Brotherhood will have a maximum of twenty-one (21) days from the date of the Company's written decision in which to take place within give notice to the Company that such grievance is not satisfactorily settled, and that the Brotherhood desires to proceed to the next higher step as provided in this Article VIII, paragraph (a); the Company will have ten (10) days after receipt of to complete such step. Failure to comply with the time limits as set forth above will serve to terminate the grievance. The grievant, the Union's representative if desired by the employee, and such grievance, if terminated, cannot be brought up the supervisor shall be present for second time. However, should the meeting. Within ten (10) days of the meeting, the grievant and the Union shall be provided Company fail to comply with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely mannersuch time limits as set forth above, the grievance may be advanced moved to the next step succeeding step. Notwithstanding the provisions of this Article VIII, paragraph (b), time limits as specified herein may be extended by mutual agreement.
(c) Employees who have been suspended or discharged will have the right to have their case taken up as a grievance by the officers or committees of the grievance procedureBrotherhood with the duly accredited officers of the Company; and in such cases where it is found that such employees who have been suspended or discharged were unjustly suspended or discharged, they will be reinstated to their former position and paid the wages to which they would have been entitled had they continued in the Company's employment during the period of suspension or discharge.
Step 2: If (d) Disagreements with respect to Workers' Compensation and similar issues which are also controlled by Local, State or Federal Laws, are not subject to the grievance process. If for whatever reason a Workers' Compensation claim which was initially disallowed is later accepted, the following will apply:
a. All employee benefits will be fully restored.
b. The Company will not resolved at Step 1, then request any reimbursement from the grievant and/or employee for the Union may refer difference between what the employee was paid and Workers’ Compensation.
(e) The Company will pay reasonable travel expenses for Company employees involved in the grievance to the Director of Physical Plant or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedureprocess.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whichever
Appears in 1 contract
Sources: Memorandum of Agreement
Grievances. 6.1 For purposes 1. Either party to this Agreement alleging a violation hereof shall lodge written complaint with the other party hereto by setting forth in a signed statement the grounds for complaint and requesting abandonment of the causes thereof.
2. When the Union is the complainant, it shall lodge its complaint with the representatives of the Employer, and when the Employer is the complainant, he shall lodge his complaint with the Business Manager of the Union.
3. Should the reasonableness of a complaint be challenged by an Employer or by the Union, the representative of said Employer shall meet with the Business Manager of the Union for the purpose of considering and adjusting the matter in controversy.
4. The representative of the Employer shall arrange a convenient time and place for said meeting, which shall be held within twenty-four (24) hours of the time requested for said meeting.
5. It is further agreed that there shall be no stoppage of work due to jurisdictional controversy between the trades and that said jurisdictional controversy arising shall be decided under the rules and regulations as laid down by the National Labor Relations Board. It is further agreed that there shall be no stoppage of work due to any violation or alleged violations of this Agreement, a grievance with the exception of the failure to pay current wage rates and fringes.
6. In the event that any complaint is defined not settled as an allegation above outlined, it may be referred by an employee either the Employer or the Union to a committee of six, consisting of three members selected by the Association and three members selected by the Union, which shall be known as the Joint Grievance Committee. The Committee shall meet to hear any controversy submitted to it within five (5) working days of the submission. The decisions of the Committee, which shall be reached by majority vote of the entire Committee, shall be final and binding upon the Employer, the Union and any employee or employees involved. Each decision shall be reduced to writing and signed by the members of the Committee promptly.
7. The refusal or failure by a party to schedule or attend a Joint Grievance Committee meeting provided for in Section 6 shall constitute waiver of all prior irregularities in the grievance procedure, and the complainant may proceed directly to arbitration. If the com- plainant prevails in the arbitration over such party, that there party shall pay all costs of arbitration, excluding attorney fees. If the complainant does not prevail, each party will pay its own costs, except the arbitrator's fee shall be shared equally.
8. If the Committee cannot settle or adjust a matter referred to it, either the Employer or the Union may submit the matter to arbitration within ninety (90) calendar days before a mutually acceptable arbitrator selected by the Committee. If the Committee cannot agree upon an arbitrator within three (3) working days of the date upon which the matter is submitted to arbitration, then either the Employer or the Union may, within five (5) working days, submit the matter in controversy to the Federal Mediation and Conciliation Service for the selection of an arbitrator in accordance with the applicable rules. The arbitrator's fee shall be shared equally by the Employer and the Union.
9. Once the arbitrator has been a violationselected, misrepresentationthe arbitration hearings shall commence on the earliest date available from the arbitrator, unless both sides agree in writing to some other date. Once the date for commencement of hearings has been set, neither party shall request from or misapplication be granted by the arbitrator any change in the hearing date without the written consent of the other party.
10. The arbitrator shall confine his decision to the dispute in question and he shall not have authority to add to, subtract from or in any way modify the terms of this Agreement. All time limits consist of work The arbitrator's decision shall be rendered within thirty (30) days – Monday through Friday with from the exception date of the posted Observed Campus Closure Schedulehearing and shall be final and binding upon the Employer and the Union, and the employee or employees involved.
6.2 The Board and the Union hereto acknowledge that it is usually most desirable 11. Members not submitting claims for an employee and the supervisor to resolve a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance may be processed as follows:
Step 1: The employee proper wages or the Union may present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor overtime due within fifteen thirty (1530) days of the incidenteach pay period, shall be deemed as having waived and vacated their rights to claim. The supervisor will arrange for a meeting to take place within ten (10) days after receipt of the grievance. The grievant, the Union's representative if desired by the employee, and the supervisor shall be present for the meeting. Within ten (10) days of the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor thirty-day limit does not respond in a timely manner, the grievance may be advanced apply to the next step of the grievance procedureclaims for fringe benefit contributions.
Step 2: If the grievance is not resolved at Step 1, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedure.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whichever
Appears in 1 contract
Sources: Laborers' Agreement
Grievances. 6.1 For purposes A grievance under this Agreement is a written dispute, claim or complaint arising under and during the term of this AgreementAgreement and filed by either an authorized representative of, a grievance is defined as an allegation by or an employee in, the bargaining unit. Grievances are limited to matters of interpretation or the Union that there has been a violation, misrepresentation, or misapplication application of the terms express provisions of this Agreement. The grievance shall state the specific Article and Section allegedly violated. All time limits consist of work grievances must be filed within five (5) working days – Monday through Friday with the exception after occurrence of the posted Observed Campus Closure Schedule.
6.2 The Board and circumstances giving rise to the Union hereto acknowledge that it is usually most desirable for an employee and grievance or five (5) days from when the supervisor grievant should reasonably have known of the occurrence, otherwise the right to resolve a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, file a grievance may is forfeited and no grievance shall be processed as follows:deemed to exist.
Step 1: The employee Any Employee having a complaint or grievance shall first discuss the matter orally with the employee's supervisor or the Union may present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor within fifteen (15) days of the incidentsupervisor's designee. The supervisor will arrange for a meeting to take place or designee shall answer the complaint or grievance within ten one (101) days after receipt of the grievance. The grievant, the Union's representative if desired by the employee, and the supervisor shall be present for the meeting. Within ten (10) days of the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedureworking day.
Step 2: If the grievance matter is not resolved at in Step 1, then the grievant and/or grievance shall be reduced to writing on the regular grievance form provided by the Union may refer the grievance and presented to the Director employee's department head within five (5) working days of Physical Plant the Step 1 answer. The department head or his/her official designee shall answer the written grievance in writing within ten five (105) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) working days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedureits receipt.
Step 3: If the matter is not resolved in Step 2, the Union shall, within five (5) working days of the Department Head's (or his/her designee’s) answer in Step 2, contact the Human Resources Director who will then arrange a meeting on the grievance. This meeting shall be scheduled within five (5) working days of the request unless an extension of time is mutually agreed to by the parties. Step 3 grievances will be heard by the County Administrator or his/her designee. If the parties are unable to resolve the grievance at this step, the matter may be submitted to Arbitration as provided for elsewhere in this Agreement. Step 4: By mutual agreement, at the request of either party, any grievance which is not resolved at Step 23 may be submitted to the Michigan Employment Relations Commission for non-binding mediation. However, then the grievant and/or the Union may refer time limits under the grievance procedure to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whicheversubmit to arbitration shall not be extended without mutual consent while such mediation is pending.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. 6.1 For purposes of this Agreementif informal discussion does not resolve the difference, a grievance is defined as an allegation by an employee or shall be handled in the Union that there has been a violation, misrepresentation, or misapplication of the terms of this Agreement. All time limits consist of work days – Monday through Friday with the exception of the posted Observed Campus Closure Schedule.
6.2 The Board and the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance may be processed as followsfollowing manner:
Step 1: The employee or the Union may present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor within fifteen (15) days of the incident. The supervisor will arrange for a meeting to take place A. An aggrieved party must institute proceedings hereunder within ten (10) days after receipt of the grievance. The grievant, the Union's representative if desired by the employee, and the supervisor shall be present for the meeting. Within ten (10) working days of the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the grievance may be advanced event or events giving rise to the next step of the grievance procedure.
Step 2: If the grievance is not resolved at Step 1grievance, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) working days after from the Step 1 meeting, whichever is laterdate the aggrieved party had knowledge or reasonably should have had knowledge of the event or events giving rise to the grievance.
B. An employee with a grievance shall present it in person to his/her immediate supervisor. The Director immediate supervisor shall make a determination, which shall be final unless the aggrieved party elects to appeal said decision to the next level as hereinafter set forth:
(i) In the event that the grievance shall not have been disposed of Physical Plant shall arrange with to the Union representative for a meeting to take place satisfaction of the aggrieved employee at the level of the immediate supervisor, or in the event that no decision has been reached within ten (10) working days after presentation of the appeal. Within ten (10) days of the meetinggrievance, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance aggrieved party may be advanced to the next step of the grievance procedure.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer reduce the grievance to writing and submit it to the Executive Vice President Coordinator of Finance Maintenance Service for written endorsement and Administrative Services or his/her official designee comment. The grievance shall be answered in writing. A copy of the endorsement and comment is to be given to the employee, the Facilities Director and the Human Resource Manager.
(ii) The Facilities Director and the Human Resource Manager, within ten (10) working days after receipt thereafter, shall meet with the aggrieved person and the President of the Step 2 response Association and attempt to settle the grievance. The grievance shall be answered in writing. In the event that the grievance shall not have been disposed of to the satisfaction of the aggrieved employee at the level of the Facilities Director and the Human Resource Manager, or in the event that no written answer has been received within ten (10) working days after meeting, the aggrieved party may forward the grievance with a copy of the answer, if any, to the Superintendent.
(iii) The Superintendent or his designee shall meet within ten (10) working days thereafter with the aggrieved person and the President of the Association and attempt to settle the grievance. The grievance shall be answered in writing. In the event that the grievance shall not have been disposed of to the satisfaction of the aggrieved employee at the level of the Superintendent, or in the event that no written answer has been received within ten (10) working days after the Step 2 meeting on the grievance, the aggrieved employee may then forward the grievance with a copy of the answer, if any, to the School Committee for decision at its next regular meeting.
(iv) In the event that the employee alleging a grievance is not satisfied with the decision of the School Committee, whicheverthe Association may file at the request of the employee an application with the State Board of Conciliation and Arbitration for further review under the provisions of Sections 5 and 6 or the General Laws, Chapter 150. The School Committee reserves the right to insist upon a court determination of the jurisdiction of the arbitrator.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. 6.1 For purposes of this Agreement, (1) An employee who wishes to present a grievance is defined as an allegation by an employee or the Union that there has been a violation, misrepresentation, or misapplication of the terms of this Agreement. All time limits consist of work days – Monday through Friday with the exception of the posted Observed Campus Closure Schedule.
6.2 The Board and the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance may be processed as follows:
Step 1: The employee or the Union may present the state his/her grievance in writing clearly indicating all grievants, on an electronic form mutually agreed upon by the article and section violated, summarizing all relevant facts union and the remedy sought company. The grievance shall be delivered to the immediate supervisor department head, either by the employee or his/her senior ▇▇▇▇▇▇▇, within fifteen thirty (1530) calendar days of after the incidentoccurrence upon which the grievance is founded. The supervisor will arrange Holiday Shutdown period shall not count toward the thirty (30) day window for filing a grievance.
(2) The responsible Department Head and Senior ▇▇▇▇▇▇▇ or applicable Base ▇▇▇▇▇▇▇ shall meet at a mutually convenient time and shall use their best efforts to settle the grievance. The Labor Relations Representative or Human Resources Representative may attend and act as an advisor only. The Senior ▇▇▇▇▇▇▇ may ask one of his/her Group Stewards to be present at this meeting if he/she so desires. Subsequent to take place the first step meeting, but within ten seven (107) calendar days after receipt of the grievance. The grievant, the Union's representative if desired by Department Head shall deliver a written answer to the employee, and the supervisor shall be present for the meetingSenior ▇▇▇▇▇▇▇. Within ten (10) days of the meetingIf a settlement has not been reached, the grievant and the Local Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the grievance may be advanced proceed to the next step of the grievance procedure.
Step 2: If the grievance is not resolved at Step 1, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or his/her official designee procedure within ten fourteen (1014) calendar days after receipt of the such written answer. Any resolution at Step 1 response shall have no precedential value.
(3) A Grievance Form which is not considered eligible for processing as a grievance because it lacks specificity or within ten (10) days after otherwise fails to meet requirements set forth in the Step 1 meetinggrievance procedure, whichever is later. The Director of Physical Plant shall arrange with will be returned to the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical Senior ▇▇▇▇▇’s ▇▇ with a written response including explanation on the grievance form regarding the reasons for therefore. The Union shall have fourteen (14) calendar days after receipt by the decision. If the Director of Physical ▇▇▇▇▇▇▇ does not respond in a timely mannerto process such grievance, the grievance may be advanced including necessary specificity, to the next step Step of the grievance procedure.
Step 3: If (4) The department's findings regarding a grievance will normally be discussed by the Manager with the Senior ▇▇▇▇▇▇▇ before the Manager formulates a position and presents a written reply on the grievance form. During the discussion it is not resolved at Step 2, then the grievant and/or the Union may refer the grievance expected that all pertinent facts known to the Executive Vice President Manager and to the Senior ▇▇▇▇▇▇▇ will be disclosed.
(5) Grievances or complaints arising from the application of Finance and Administrative Services or his/her official designee within ten (10) days after receipt Article 1, Section 13 of the Step 2 response or within ten Agreement (10Non-Bargaining Unit Employees Performing Bargaining Unit Work) days after will normally be processed by the Step 2 meeting, whicheveralleged violator's Manager. By mutual agreement the matter may be processed by the complainant's Manager.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. 6.1 For purposes (a) The Company agrees to meet and treat with the duly accredited officers and committees that are elected or selected by the Brotherhood upon all questions and grievances that may arise between the parties hereto during the life of this Agreement, agreement. Every effort will be made by the parties hereto to settle disputes promptly and at the location where they arise. A local Union/Company committee will be formed as needed to discuss disputes for resolution using the mutual gains process before a formal grievance is defined as an allegation by an employee or filed. It being the Union that there has been a violation, misrepresentation, or misapplication desire of the terms parties to settle grievances promptly, the Brotherhood will endeavor to provide the available information as to date of this Agreementoccurrence, facts and circumstances giving rise to the grievance, contract provisions allegedly violated, employees involved, and remedy sought. All time limits consist of work days – Monday through Friday with Such information will be furnished to the exception Company prior to the first step of the posted Observed Campus Closure Schedule.
6.2 The Board and the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve a problem through free and informal communication. Accordinglygrievance procedure, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance but may be processed amended prior to any subsequent step of the grievance procedure as followsmay be necessary to reflect new information. It is understood, however, that failure to provide such information as set forth above, will not prejudice the position of the Brotherhood in any grievance. As necessary for settlement, grievances will be reduced to writing and handled in two successive steps at the locations/departments as indicated: Operating Divisions, General Garage, Fleet Garage, Instrument Service Center and Supply Chain:
Step 1: . Between the aggrieved employee and/or representatives of the Brotherhood acting in the employee’s behalf, and the employee’s immediate supervisor and supervisor in general charge of the operation in which the grievance arose.
Step 2. Between the aggrieved employee and/or representatives of the Brotherhood acting in the employee’s behalf, and the Manager-Labor Relations, together with the Vice President in charge of the operation in which the grievance arose or their designated representatives. In the event any grievance is not settled by any of the preceding steps of the grievance procedure, it may be submitted to arbitration. The employee Brotherhood will have a maximum of ninety (90) days from the date of the Company's written decision in the final step in which to give written notice to the Company that a grievance is not satisfactorily settled and that the Brotherhood desires to submit the grievance to arbitration as provided in Article VII of this agreement. The Company's decision will be reduced to writing and a copy furnished to the Brotherhood as soon as possible after the conclusion of each grievance step. If a stenographic report is made of the proceedings of any such meeting by the Company or the Union may present Brotherhood, a typewritten copy will be furnished to the other party within five (5) days.
(b) It being the desire of the parties hereto to settle grievances promptly, it is agreed that no grievance will be considered unless it is brought to the attention of the Company as a grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant manner provided for herein within thirty (30) days of the occurrence of the facts and the remedy sought giving rise to the immediate supervisor same or within fifteen (15) days of the incidentfilling a vacancy as provided in Article V (e). The supervisor will arrange for It is further agreed that a meeting to take place within maximum of ten (10) days after will be allowed from the time of receipt of such notice that a grievance exists until such grievance will be handled as provided in Step 1 of this Article VI, paragraph (a). Upon completion of Step 1 as provided in this Article VI, paragraph (a), the Brotherhood will have a maximum of twenty-one (21) days from the date of the Company's written decision in which to give notice to the Company that such grievance is not satisfactorily settled, and that the Brotherhood desires to proceed to the next higher step. Upon receipt of the grievance. The grievantnotice that the Brotherhood desires to proceed to the next higher step as provided in this Article VI, paragraph (a), the Union's representative if desired by the employee, and the supervisor shall be present for the meeting. Within Company will have a maximum of ten (10) days of the meeting, the grievant and the Union shall be provided to complete such step. Failure to comply with the supervisor's written response including time limits as set forth above will serve to terminate the reasons for grievance, and such grievance, if terminated, cannot be brought up the decisionsecond time. If However, should the supervisor does not respond in a timely mannerCompany fail to comply with such time limits as set forth above, the grievance may be advanced moved to the next step succeeding step. Notwithstanding the provision of this Article VI, paragraph (b), time limits as specified herein may be extended by mutual agreement.
(c) Employees who have been suspended or discharged will have the right to have their respective case taken up as a grievance by the officers or committees of the grievance procedureBrotherhood with the duly accredited officers of the Company; and in such cases where it is found that such employees that have been suspended or discharged were unjustly suspended or discharged, they will be reinstated to their former position and other employees’ affected will be displaced pursuant to Article V, paragraph (i) where such reinstatement is within twelve (12) months of the employee's discharge otherwise the terms and conditions of Article V, paragraph (k) will apply with respect to other employees affected. Further they will be paid the wages to which they would have been entitled had they continued in the Company's employment during the period of suspension or discharge.
Step 2: If (d) Disagreements with respect to Workers' Compensation and similar issues which are also controlled by Local, State or Federal Laws, are not subject to the grievance process. If for whatever reason a Workers' Compensation claim which was initially disallowed is later accepted, the following will apply:
1. All employee benefits will be fully restored.
2. The Company will not resolved at Step 1, then request any reimbursement from the grievant and/or employee for the Union may refer difference between what the employee was paid and Workers' Compensation.
(e) The Company will pay reasonable travel expenses for Company employees involved in the grievance to the Director of Physical Plant or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedureprocess.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whichever
Appears in 1 contract
Sources: Memorandum of Agreement
Grievances. 6.1 A. For purposes the puipose of the Agreement, the term "grievance" means any difference or dispute between the Union and the Borough with respect to the interpretation, application, claims of breach or violation of any of the provisions of this AgreementAgreement or the Department's Rules and Regulations. If the Officer's grievance involves a matter that was processed through the Department's Internal Affairs Section, the grievance process shall begin with the Borough Manager.
B. Any Police Officer having a grievance is defined as an allegation with the Borough shall proceed in the following manner:
1. The employee, either alone or accompanied by an employee the Union representative (or the Union where entitled), shall first discuss his grievance with his immediate supervisor within seven (7) calendar days of his knowledge of its occurrence to attempt to resolve the matter at that there has been a violation, misrepresentation, or misapplication of level. Every possible effort should be exercised by the terms of this Agreement. All time limits consist of work days – Monday through Friday with the exception of the posted Observed Campus Closure Schedule.
6.2 The Board aggrieved Police Officer and the Union hereto acknowledge that it is usually most desirable for an employee and the his supervisor to resolve a problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. However, if dispute at the informal process fails to satisfy the grievant, a grievance may be processed as follows:
Step 1: The employee or the Union may present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor within fifteen (15) days of the incident. The supervisor will arrange for a meeting to take place within ten (10) days after receipt of the grievance. The grievant, the Union's representative if desired by the employee, and the supervisor shall be present for the meeting. Within ten (10) days of the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedurelowest possible level.
Step 2: . If the grievance is not satisfactorily resolved at Step in accordance with Subsection 1, then the grievant and/or appeal must be presented, in writing, within seven (7) calendar days by the employee or Union representative to the Captain or Assistant Chief. The Captain or Assistant Chief shall respond to the employee or the Union may refer the grievance to the Director of Physical Plant or his/her official designee representative within ten seven (107) days after receipt of the Step 1 response or within ten (10) calendar days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedureappeal has been presented.
Step 3: . If the grievance is not satisfactorily resolved at Step in accordance with Subsection 2, then the grievant and/or appeal must be presented, in writing, within seven (7) calendar days by the employee or Union representative to the office of the Chief of Police. The Chief of Police shall respond to the employee or the Union may refer representative within seven (7) calendar days after the appeal has been presented.
4. In the event the grievance is not satisfactorily resolved, it shall be presented, in writing, within seven (7) calendar days to the Executive Vice President Manager. The Manager shall respond to the Union within seven (7) calendar days of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the grievance at Step 2 response or within ten 4.
5. After receipt of the statement of grievance, the Manager shall have seven (107) calendar days after to establish a mutually acceptable meeting day. Notification of the Step 2 time and place of the meeting, whicheverwhich shall be held in the Borough Municipal Building, shall be given to the Union representative. The following persons, in addition to the Borough Manager and the Chief of Police, may attend :
a. The aggrieved Police Officer;
b. The Union representative;
c. An additional member of the Union;
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. 6.1 For purposes (a) The Company agrees to meet and treat with the duly accredited officers and committees that are elected or selected by the Brotherhood upon all questions and grievances that may arise between the parties hereto during the life of this Agreement, agreement. Every effort will be made by the parties hereto to settle disputes promptly and at the location where they arise. A local Union/Company committee will be formed as needed to discuss disputes for resolution using the mutual gains process before a formal grievance is defined as an allegation by an employee or filed. It being the Union that there has been a violation, misrepresentation, or misapplication desire of the terms parties to settle grievances promptly, the Brotherhood will endeavor to provide the available information as to date of this Agreementoccurrence, facts and circumstances giving rise to the grievance, contract provisions allegedly violated, employees involved, and remedy sought. All time limits consist of work days – Monday through Friday with Such information will be furnished to the exception Company prior to the first step of the posted Observed Campus Closure Schedule.
6.2 The Board and the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor to resolve a problem through free and informal communication. Accordinglygrievance procedure, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievant, a grievance but may be processed amended prior to any subsequent step of the grievance procedure as may be necessary to reflect new information. It is understood, however, that failure to provide such information as set forth above, will not prejudice the position of the Brotherhood in any grievance. As necessary for settlement, grievances will be reduced to writing and handled in two successive steps at the Plants (Fossil and Hydro), Birmingham Steam Heat or other mutually agreed location as follows:
Step 1: . Between the aggrieved employees and/or representatives of the Brotherhood acting in their behalf, and their respective immediate supervisor, the supervisor in general charge of the operation in which the grievance arose, and the Plant Manager-Fossil, Manager - River System, Operations Superintendent - Birmingham Steam Heat and/or their designated representatives as the case might be.
Step 2. Between the aggrieved employees and/or representatives of the Brotherhood acting in their behalf and the Manager-Labor Relations, together with the Senior Vice President- Fossil-Hydro Generation, Vice President-Birmingham Division, and/or their designated representatives, as the case might be. In the event any grievance is not settled by any of the preceding steps of the grievance procedure, it may be submitted to arbitration. The employee Brotherhood will have a maximum of ninety (90) days from the date of the Company's written decision in the final step in which to give written notice to the Company that a grievance is not satisfactorily settled and that the Brotherhood desires to submit the grievance to arbitration as provided in Article VII of this agreement. The Company's decision will be reduced to writing and a copy furnished to the Brotherhood as soon as possible after the conclusion of each grievance step. If a stenographic report is made of the proceedings of any such meeting by the Company or the Union may present Brotherhood, a typewritten copy will be furnished to the other party within five (5) days.
(b) It being the desire of the parties hereto to settle grievances promptly, it is agreed that no grievance will be considered unless it is brought to the attention of the Company as a grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant manner provided for herein within thirty (30) days of the occurrence of the facts and the remedy sought giving rise to the immediate supervisor same or within fifteen (15) days of filling a vacancy as provided in Article V (e). It is further agreed that a maximum of fourteen (14) days will be allowed from the incidentreceipt of such notice that a grievance exists until such grievance will be handled as provided in Step 1 of this Article VI, paragraph (a). The supervisor Upon completion of Step 1 as provided in this Article VI, paragraph (a), the Brotherhood will arrange for have a meeting maximum of twenty-one (21) days from the date of the Company's written decision in which to take place within give notice to the Company that such grievance is not satisfactorily settled, and that the Brotherhood desires to proceed to the next higher step. Upon receipt of the notice that the Brotherhood desires to proceed to the next higher step as provided in this Article VI, paragraph (a), the Company will have a maximum of ten (10) days after receipt of to complete such step. Failure to comply with the time limits as set forth above will serve to terminate the grievance. The grievant, the Union's representative if desired by the employee, and such grievance, if terminated, cannot be brought up the supervisor shall be present for second time. However, should the meeting. Within ten (10) days of the meeting, the grievant and the Union shall be provided Company fail to comply with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, such time limits as set forth above; the grievance may be advanced moved to the next step succeeding step. Notwithstanding the provision of this Article VI, paragraph (b), time limits as specified herein may be extended by mutual agreement.
(c) Employees who have been suspended or discharged will have the right to have their respective case taken up as a grievance by the officers or committees of the grievance procedureBrotherhood with the duly accredited officers of the Company; and in such cases where it is found that such employees that have been suspended or discharged were unjustly suspended or discharged, they will be reinstated to their former position and other employees affected will be displaced pursuant to Article V, paragraph (i) where such reinstatement is within twelve (12) months of the employees’ discharge otherwise the terms and conditions of Article V, paragraph (k) will apply with respect to other employees affected. Further they will be paid the wages to which they would have been entitled had they continued in the Company's employment during the period of suspension or discharge.
Step 2: If (d) Disagreements with respect to Workers' Compensation and similar issues which are also controlled by Local, State or Federal Laws, are not subject to the grievance process. If for whatever reason a Workers' Compensation claim which was initially disallowed is later accepted, the following will apply:
1. All employee benefits will be fully restored.
2. The Company will not resolved at Step 1, then request any reimbursement from the grievant and/or employee for the Union may refer difference between what the employee was paid and Workers’ Compensation.
(e) The Company will pay reasonable travel expenses for Company employees involved in the grievance to the Director of Physical Plant or his/her official designee within ten (10) days after receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedureprocess.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance to the Executive Vice President of Finance and Administrative Services or his/her official designee within ten (10) days after receipt of the Step 2 response or within ten (10) days after the Step 2 meeting, whichever
Appears in 1 contract
Sources: Memorandum of Agreement
Grievances. 6.1 For purposes In the event of any complaint or grievance arising under the terms and provisions of this AgreementMemorandum or of any differences between the parties as to the interpretation or application of this Memorandum, it shall be processed through the grievance procedure. There shall be no right of grievance as to any subject properly falling within the management rights of UG Department or Division. The parties shall make sincere and determined efforts to settle meritorious grievances voluntarily and to keep the procedure free from unmeritorious grievances. Where a matter within the scope of this grievance procedure is alleged to be both a grievance and a prohibited practice under the jurisdiction of the Public Employee Relations Board, the employee may elect to pursue the matter under either the grievance procedure herein provided or by action before the Public Employee Relations Board. The employee's election of either procedure shall constitute a binding election of the remedy chosen and waiver of the alternative remedy. Management and Union representatives agree to make every effort to meet and settle grievances within the prescribed time limits. Any failure to comply with the time limits specified herein shall result in the grievance being disposed of in favor of the party not in default, i.e. if the employee and/or Union fail to meet the grievance procedure time limits, the employee’s grievance is defined dropped in the Employer’s favor and if the Employer fails to meet the grievance procedure time limits, the grievance shall be found in the employee’s favor. Provided, the parties may extend any and/or all of the time limits prescribed herein by mutual written agreement which agreement shall not be unreasonably withheld.
Step 1: The matter shall first be taken up between the employee involved and his/her
Step 2: In case the matter cannot be adjusted under Step 1, the matter may be considered
Step 3: In case the matter cannot be adjusted under Step 2, the matter may be considered Step 4: In the event a satisfactory resolution is not reached between the parties through
A) In the cases of complaints or grievances which arise from disciplinary action, except for termination of an employee’s services, the matter may be appealed to the Chief of Police or his/her designee, within five (5) work days of the Bureau Director or his/her designee's decision.
B) In the cases of complaints or disputes which arise as questions of interpretation of provisions of this Memorandum of Understanding, excluding specifically conflicts relating to any disciplinary matters, except for termination of an allegation employee’s services, the matter may be resolved through arbitration, in the following manner:
1) Notice in writing of intent to arbitrate shall be delivered to the Department Head and Chief Legal Counsel by the party seeking arbitration to the opposing party within ten (10) work days of the Department Head decision. The notice shall set forth the Articles or Sections of this Memorandum which are claimed to require modification, reversal or interpretation.
2) Within fifteen (15) work days after the above notice is delivered, the parties will mutually agree upon an employee arbitrator or jointly obtain a list of seven (7) arbitrators from the Union that there has been Federal Mediation and Conciliation Service, and the parties will alternately and independently strike unacceptable arbitrators from a violationlist with the last remaining arbitrator being selected.
3) Employees shall not be paid for time spent in attending arbitration proceedings other than as a witness on behalf of UG.
4) The jurisdiction and authority of the arbitrator shall be governed by the following:
a) The arbitrator shall have the authority to determine the procedural rules of arbitration and shall have the authority to make such binding orders as are necessary to enable him to act, misrepresentationeffectively. He shall observe the rules of evidence and his/her decision shall be final and binding on both parties.
b) The arbitrator shall have no power to add to, subtract from or misapplication modify any of the terms of this Agreement. All time limits consist of work days – Monday through Friday with the exception Memorandum, nor shall he exercise any responsibility, discretionary powers or functions of the posted Observed Campus Closure ScheduleDepartment.
6.2 The Board and c) In the Union hereto acknowledge that it is usually most desirable for an employee and resolution of disputes between the supervisor parties to resolve a problem through free and informal communication. Accordinglythis Memorandum, the parties arbitrator shall attempt give no weight or consideration to informally resolve any grievance herein defined. However, if matter except the informal process fails to satisfy the grievant, a grievance may be processed as follows:
Step 1: The employee specific language of this and is specifically prohibited from considering or the Union may present the grievance in writing clearly indicating all grievants, the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor within fifteen (15) days of the incident. The supervisor will arrange for a meeting to take place within ten (10) days after receipt of the grievance. The grievant, the Union's representative if desired by the employee, and the supervisor shall be present for the meeting. Within ten (10) days of the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reasons for the decision. If the supervisor does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedure.
Step 2: If the grievance is not resolved at Step 1, then the grievant and/or the Union may refer the grievance to the Director of Physical Plant or basing his/her official designee within ten (10) days after receipt award on any alleged past practices of UG or Division or the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director of Physical Plant shall arrange with the Union representative for a meeting to take place within ten (10) days of the appeal. Within ten (10) days of the meeting, the Union shall be provided with the Director of Physical ▇▇▇▇▇’s written response including the reasons for the decision. If the Director of Physical ▇▇▇▇▇ does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedureUnion.
Step 3: If the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance d) The arbitrator shall have no authority to the Executive Vice President of Finance and Administrative Services or substitute his/her official designee within ten (10) days after receipt judgment for that of the Step 2 response management of UG, Division or within ten (10Department, nor shall he have authority to usurp, subtract from, modify or exercise any management right of UG or the Division.
e) days after The decision of the Step 2 meeting, whicheverarbitrator shall be based on the evidence presented him by the parties in the presence of each other.
f) The cost of the arbitrator shall be shared equally by UG and the Union.
Appears in 1 contract
Sources: Memorandum of Understanding