Common use of Grievances Clause in Contracts

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 Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx 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

Samples: Collective Bargaining Agreement, Agreement Between William Rainey Harper College and Harper 512 Association, Iea Nea 2021 2024, Collective Bargaining Agreement

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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 Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx 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

Samples: 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 Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx 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

Samples: Collective Bargaining Agreement, 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 Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx 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

Samples: Collective Bargaining Agreement, Collective Bargaining 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 xxxxxxx 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 xxxxxxx 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 Xxxxxxx 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: , the Employee is entitled to representation by a Xxxxxxx or other Union representative unless the Employee waives such representation. The Employer recognizes and will deal with authorized Council 3 representatives at any step. If the grievance is not resolved at Step 1an Employee objects to representation, then the grievant and/or the Union may refer still have a representative present at any step to observe the grievance to meeting. (f) Where the Director of Physical Plant or his/her official designee within ten (10) days after receipt Department Head is an Employee’s immediate supervisor, grievances will be initiated at Step One 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 Xxxxx’s written response including the reasons for the decisionfollowing procedure. If the Director of Physical Xxxxx does not respond in a timely mannerthere 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

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. 6.1 For purposes The purpose of this Agreement, 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 following procedure: Step 1 Grievances shall be presented orally by the aggrieved employee to his immediate supervisor (regardless of whether that supervisor is a grievance is defined as an allegation by an employee or the Union that there has been a violation, misrepresentation, or misapplication member of the terms negotiating unit) with or without his Association representative, at the employee's option, and within five (5) working days from the date of this Agreementknowledge of the cause of occurrence giving rise to the grievance. All time limits consist If discussion of work days – Monday through Friday the grievance with the exception immediate supervisor does not result in resolution of the posted Observed Campus Closure Schedule.grievance, then: 6.2 Step 2 The Board aggrieved employee shall submit his signed written grievance, using the attached grievance form, to the next level of supervision within his department or branch of government within ten (l0) working days from the date of the initial discussion of the grievance with his immediate supervisor. If the level of supervision described above is the Superintendent of Schools, Step 2 and Step 3 shall be combined. After receipt of a written grievance at this step, the Union hereto acknowledge that it is usually most desirable for an employee supervisor receiving the grievance shall convene a meeting, within ten (l0) working days of the date the written grievance was received by him, between the aggrieved employee, his Association representative 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 other representatives of the incident. The supervisor will arrange Employer for a meeting to take place within ten (10) days after receipt the purpose of resolving 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 1as a result of this meeting then, not later than three (3) working days following the date the meeting occurred, the Employer will deliver to the aggrieved employee and his Association representative its decision on the grievance in writing. If that decision is unacceptable to the employee, then within three (3) working days: Step 3 The aggrieved employee may then submit his grievance on the grievant and/or the Union may refer the prescribed grievance form, to the Director of Physical Plant or his/her official designee Superintendent, who within ten (10) working days after receipt he receives the written grievance will convene a meeting between the aggrieved employee, his Association representative and the Superintendent of Schools or other representatives of the Step 1 response or within ten (10) days after the Step 1 meetingEmployer, 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 Xxxxx’s written response including the reasons for the decisionpurpose of resolving the grievance. If the Director of Physical Xxxxx 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 2as a result of this meeting, 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, whichevernot later than ten

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. 6.1 8.01 For purposes of this Agreement, a grievance is defined as an allegation by an employee a violation or the Union that there has been a violation, misrepresentation, or misapplication of the terms alleged violation of this Agreement, or a matter relating to or involving the interpretation, application or administration of this Agreement. 8.02 The Company, Union and Employees agree that complaints and grievances should be addressed as quickly as possible. 8.03 The Company and Union encourage Employees to bring any complaints to the attention of the Camp Manager for consideration before a grievance is filed. All time limits consist of work days – Monday through Friday When discussing a complaint with the exception Camp Manager, an Employee has the right to be accompanied by his Shop Xxxxxxx. If, after bringing the matter to the attention 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. AccordinglyCamp Manager, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievantEmployee is still not satisfied, a written grievance may be filed. 8.04 All grievances to be processed hereunder shall be filed in writing, signed by the Employee, and shall set forth the essential facts of the grievance, with reference to the Employee’s particular claim, the Article(s) of this Agreement under which the grievance is filed, and the redress claimed. Such written grievance shall then form the basis of the grievance through all the steps of the grievance procedure and arbitration process. 8.05 An Employee who has a grievance as followsdefined above shall continue to perform his assigned duties. 8.06 Grievances meeting the above requirements shall be processed within the time limits and in the manner stated below: Step 1: The employee A written grievance shall be prepared and presented to the Camp Manager within ten (14) days of the occurrence of the event giving rise to the grievance. Within five (7) days of receipt of the written grievance, the Camp Manager shall provide a written response to the Employee who signed the grievance and a copy to the staff representative(s) assigned to represent the Employees. Step 2: If settlement is not reached at Step 1, a Shop Xxxxxxx or staff representative of the Union may present submit the grievance in writing clearly indicating all grievantsto the Step 3: If settlement is not reached at Step 2, a staff representative of the article and section violated, summarizing all relevant facts and Union may submit the remedy sought grievance to the immediate supervisor Company’s Chief Operating Officer within seven (7) days of receipt of the area manager’s written response. The Company’s Operation’s Manager shall meet with or otherwise discuss the grievance with the staff representative within ten (10) days of his receipt of the grievance. The Company’s Operations Manager shall provide a written response within fifteen (15) days of the incident. The supervisor will arrange for a meeting to take place within ten (10) days after his receipt of the grievance. 8.07 When two or more Employees wish to file a grievance arising from the same alleged violation of this Agreement, such grievance must be handled as a Group Grievance and presented to the Company’s Operation’s Manager at Step 2 of the grievance procedure but in no event not more than ten (14) days from the occurrence of the event giving rise to the grievance. 8.08 The Union shall have the right to initiate a policy grievance or grievance of a general nature. The grievant, the Union's representative if desired by the employee, and the supervisor Company may also file a grievance for an alleged violation of this Agreement. Such grievances 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 initiated at Step 3 of the grievance procedure. Step 2: 8.09 If the grievance settlement is not resolved reached at Step 13, then a grievance may be referred to Arbitration as set forth in Article 9. The Union shall notify the grievant and/or the Union may refer the grievance Company of its intent to the Director of Physical Plant or his/her official designee seek arbitration by written notice served by registered mail within ten fourteen (1014) days after of receipt of the Operations Manager response after completion of 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 Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx does not respond in a timely manner, the grievance may be advanced to the next step 3 of the grievance procedure. Step 3: If 8.10 All time limits for the filing and processing of grievances are mandatory and any non-compliance with such time limits shall result in the grievance is not resolved at Step 2being deemed abandoned. Notwithstanding the foregoing, then the grievant and/or Company and the Union may refer may, by agreement in writing, extend or waive any time limit. 8.11 The Company agrees to provide the grievance Union, by registered mail or e-mail, the names and relevant contact information (mailing address, e-mail address, telephone number, fax number, and mobile telephone number) for the Camp Manager and Operation’s Manager. 8.12 The Union agrees to provide the Executive Vice President of Finance Company, by registered mail or e-mail, the names and Administrative Services or his/her official designee within ten relevant contact information (10mailing address, e-mail address, telephone number, fax number, and mobile telephone number) days after receipt of for Shop Stewards and staff representative(s) assigned to represent the Step 2 response or within ten (10) days after the Step 2 meeting, whicheverEmployees.

Appears in 2 contracts

Samples: 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 Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx 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

Samples: Master Negotiated Agreement, Master Negotiated Agreement

Grievances. 6.1 For purposes (a) An employee having a grievance, a potential grievance, or a complaint, may first take the matter up orally with their immediate manager, and if they are not satisfied with the resolution, refer the matter to the employee’s Shop Xxxxxxx. If the Union considers the grievance a just one, a written grievance will be initiated and submitted in accordance with the provisions of this Agreement, Article. Once a grievance is defined as an allegation being handled by an employee or a representative of the Union, the Company will not endeavour to settle the grievance directly with the employee. (b) All grievances will be submitted by the Union that there has been 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, misrepresentation● nature of grievance (description), or misapplication ● remedy sought. (c) A grievance will not be deemed to be invalid prior to Step 2 by reason only of the terms 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 Agreementpurpose. All Time limits and procedures contained in this Article are mandatory. Failure to pursue a grievance within the prescribed time limits consist of work days – Monday through Friday and 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 follows: Step 1: The employee or the Union may present the grievance prescribed procedures will result 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 abandonment 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 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 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 process shall be provided with the Director of Physical Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx does not respond in a timely manner, the grievance may be advanced to the next step of the grievance procedureconducted 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

Samples: Collective Bargaining Agreement

Grievances. 6.1 8.01 For purposes of this Agreement, a grievance is defined as an allegation by an employee a violation or the Union that there has been a violation, misrepresentation, or misapplication of the terms alleged violation of this Agreement, or a matter relating to or involving the interpretation, application or administration of this Agreement. 8.02 The Company, Union and Employees agree that complaints and grievances should be addressed as quickly as possible. 8.03 The Company and Union encourage Employees to bring any complaints to the attention of the Camp Manager for consideration before a grievance is filed. All time limits consist of work days – Monday through Friday When discussing a complaint with the exception Camp Manager, an Employee has the right to be accompanied by his Shop Xxxxxxx. If, after bringing the matter to the attention 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. AccordinglyCamp Manager, the parties shall attempt to informally resolve any grievance herein defined. However, if the informal process fails to satisfy the grievantEmployee is still not satisfied, a written grievance may be filed. 8.04 All grievances to be processed hereunder shall be filed in writing, signed by the Employee, and shall set forth the essential facts of the grievance, with reference to the Employee’s particular claim, the Article(s) of this Agreement under which the grievance is filed, and the redress claimed. Such written grievance shall then form the basis of the grievance through all the steps of the grievance procedure and arbitration process. 8.05 An Employee who has a grievance as followsdefined above shall continue to perform his assigned duties. 8.06 Grievances meeting the above requirements shall be processed within the time limits and in the manner stated below: Step 1: The employee or the Union may present the A written grievance in writing clearly indicating all grievants, the article shall be prepared and section violated, summarizing all relevant facts and the remedy sought presented 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 Camp Manager within ten (10) days of the appealoccurrence of the event giving rise to the grievance. Within five (5) days of receipt of the written grievance, the Camp Manager shall provide a written response to Step 2: If settlement is not reached at Step 1, a Shop Xxxxxxx or staff representative of the Union may submit the grievance to the Company’s area manager within seven (7) days of receipt of the Camp Manager’s written response. The Company’s area manager shall meet with or otherwise discuss the grievance with the Shop Xxxxxxx or staff representative within seven (7) days of his receipt of the grievance. The Company’s area manager shall provide a written response within ten (10) days of his receipt of the meetinggrievance. Step 3: If settlement is not reached at Step 2, a staff representative of the Union may submit the grievance to the Company’s Chief Operating Officer within seven (7) days of receipt of the area manager’s written response. The Company’s Chief Operating Officer shall meet with or otherwise discuss the grievance with the staff representative within ten (10) days of his receipt of the grievance. The Company Chief Operating Officer shall provide a written response within fifteen (15) days of his receipt of the grievance. 8.07 When two or more Employees wish to file a grievance arising from the same alleged violation of this Agreement, such grievance must be handled as a Group Grievance and presented to the Company’s area manager at Step 2 of the grievance procedure but in no event not more than ten (10) days from the occurrence of the event giving rise to the grievance. 8.08 The Union shall have the right to initiate a policy grievance or grievance of a general nature. The Company may also file a grievance for an alleged violation of this Agreement. Such grievances shall be provided with the Director of Physical Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx does not respond in a timely manner, the grievance may be advanced to the next step initiated at Step 3 of the grievance procedure. 8.09 If settlement is not reached at Step 3: If , a grievance may be referred to Arbitration as set forth in Article 9. The Union shall notify the grievance is not resolved at Step 2, then the grievant and/or the Union may refer the grievance Company of its intent to the Executive Vice President of Finance and Administrative Services or his/her official designee seek arbitration by written notice served by registered mail within ten fourteen (1014) days after of receipt of the Chief Operating Officer’s response after completion of Step 2 response 3 of the grievance procedure. 8.10 All time limits for the filing and processing of grievances are mandatory and any non-compliance with such time limits shall result in the grievance being deemed abandoned. Notwithstanding the foregoing, the Company and the Union may, by agreement in writing, extend or within ten waive any time limit. 8.11 The Company agrees to provide the Union, by registered mail or e-mail, the names and relevant contact information (10mailing address, e-mail address, telephone number, fax number, and mobile telephone number) days after for the Step 2 meetingCamp Manager, whicheverarea manager and Chief Operating Officer. 8.12 The Union agrees to provide the Company, by registered mail or e-mail, the names and relevant contact information (mailing address, e-mail address, telephone number, fax number, and mobile telephone number) for Shop Stewards and staff representative(s) assigned to represent the Employees.

Appears in 1 contract

Samples: Collective 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 Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx 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

Samples: 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 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 Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx 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

Samples: 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 Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx 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

Samples: 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 Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx 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

Samples: Collective Bargaining Agreement

Grievances. 6.1 For The Union shall elect or otherwise appoint a Grievance Committee which shall be by the Employer for purposes of grievance adjustment. The Union shall advise the Employer of the names of the Committee as well as such changes in its personnel as may occur from time to time. The Employer shall advise the Union of the names of the non-union supervisors (and designates) for each area for the purpose of identifying key contact persons for stewards. If there occur grievances, complaints, disputes and differences arising between the Employer and employee as to the interpretation, application or non-application of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences in the following manner: resolution stage An employee and his/her xxxxxxx may request his/her non-union supervisor or designate to handle a grievance is defined as an allegation by an employee or specific problem where the Union that there has been a violation, misrepresentation, or misapplication of the terms of this Agreementactual details are clearly identified. 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 xxxxxxx will make every effort to adjust the situation with the non-union supervisor to resolve a problem through free or designate before it is in writing. Step One By the aggrieved employee accompanied by his/her xxxxxxx, and informal communicationthe manager of the department or his/her equivalent in the unit involved. Accordingly, If the parties shall attempt to informally resolve any alleged 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 is not settled at this stage within five working days after the grievance in writing clearly indicating all grievantsis registered, it may, at the article and section violated, summarizing all relevant facts and the remedy sought to the immediate supervisor within fifteen (15) days request of the incident. The supervisor will arrange for a meeting to take place aggrieved employee, within ten (10) working days after receipt of the grievance. The grievantresponse from the employer, 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. carried to step If the supervisor does not respond in a timely mannergriever fails to act within the time limit, the grievance may will be advanced to the next step of the grievance procedure. considered abandoned. Step 2: If the grievance is not resolved at Step 1, then the grievant and/or Two By the Union may refer the grievance to the Grievance Committee, and a senior representative of Human Resources. The Director of Physical Plant Human Resources or his/her official designee representative shall hold a hearing within ten (10) working days after of the date of receipt of the Step 1 response or grievance, and shall give the griever a decision in writing 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 completion of the meetinghearing. The time limits specified in and above may be extended by mutual consent. Such consent will be requested and agreed to in writing. The parties agree that employees should not harbour grievances. They should bring them to the attention of the Employer without delay. Accordingly, it is agreed that no grievance shall be considered, the alleged circumstances of which arose more than fifteen working days previous to its registration. Any difference arising directly between the Union shall and the University involving the interpretation or alleged violation of this Agreement which cannot otherwise be provided dealt with under this Article because of the Director inability or refusal of Physical Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx does not respond in an employee to submit a timely mannergrievance, or where the grievance affects a group of employees, or a Department or the University as a whole, or in cases of suspension or discharge, may be advanced to submitted by the next Union in writing, at the second step of (Article and dealt with as a proper grievance under the grievance procedure. Step 3: If . Failing satisfactory solution within the grievance is time limit as stated in Article such grievances may be referred to Arbitration. A disciplinary notation from an employee’s record shall 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 be used against this person more than two years after the Step 2 meeting, whicheverdate of issue.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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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 grievantEmployee may request the presence of a Union Xxxxxxx. A copy of the written confirmation of the discipline, suspension, or discharge shall be to the Secretary of 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 Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx 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

Samples: Collective Bargaining 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 Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx 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

Samples: Collective Bargaining 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 Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx 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

Samples: Memorandum of Understanding

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 Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx 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

Samples: Laborers' 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 Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx 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

Samples: Memorandum of 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 xxxxxxx, 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 Xxxxxxx or applicable Base Xxxxxxx 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 Xxxxxxx 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 Xxxxxxx. 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 otherwise fails to meet requirements set forth in the grievance procedure, will be returned to the Senior Xxxxxxx with a written explanation on the grievance form regarding the reasons therefore. The Union shall have fourteen (1014) calendar days after receipt by the Step 1 meetingXxxxxxx to process such grievance, 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 meetingincluding necessary specificity, the Union shall be provided with the Director of Physical Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx does not respond in a timely manner, the grievance may be advanced 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 Xxxxxxx 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 Xxxxxxx 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

Samples: 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 Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx 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

Samples: 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 Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx 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

Samples: Collective Bargaining Agreement

Grievances. 6.1 For purposes of this Agreement, a grievance is defined as an allegation 57. The Company agrees to meet and treat with the duly accredited officers and committees that are elected or selected by an employee or the Union upon all questions and grievances that there has been a violation, misrepresentation, or misapplication of may arise between the terms parties hereto during the life of this Agreement. All time limits consist of work days – Monday through Friday with Every effort will be made by the exception parties hereto to settle grievances promptly and in the simplest and most direct manner. Unless mutually agreed otherwise, grievances shall be handled in the following manner: (1) Between the aggrieved employee or representative of the posted Observed Campus Closure ScheduleUnion acting in his behalf, or both, and the employee's immediate supervisor. First step grievances shall not be officially recorded or documented. Settlements reached at this step shall not create any precedent in the resolution of other grievances. 6.2 (2) If settlement is not reached by (1) above, a formal grievance shall not be considered to exist unless committed to writing, stating the facts upon which the grievance is based, the remedy or correction requested, the section of the Agreement or condition of employment claimed to have been violated, signed by aggrieved employee and received by local management, within thirty (30) days from the date the cause of the grievance occurs. The Board grievance shall then be taken up between the aggrieved employee or representative of the Union acting in the employee's behalf, or both, and local management. Settlements reached at this step shall not establish a precedent. A maximum of seven (7) days will be allowed from the receipt of written notice of the existence of a grievance, as provided in this step, to the conclusion of this step and the Union hereto acknowledge that it is usually most desirable for an employee and the supervisor grievance will be deemed 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 terminated unless within ten (10) days after receipt conclusion of this step the Union gives notice to Labor Relations requesting a 3rd step grievance hearing. (3) If settlement is not reached by (2) above, the grievance shall be taken up between representatives of the grievance. The grievant, Union acting in behalf of the Union's representative if desired by the aggrieved employee, and the supervisor President of the Company or the President's representative. An International Representative of the IBEW may be present at this step of the grievance procedure to assist the Local Union. This step in the grievance procedure shall be present for considered denied by the meeting. Within ten Company unless a hearing is conducted within (1045) days of the meeting, receipt of the grievant and request for a 3rd step hearing. The grievance will be deemed to be terminated unless within thirty (30) days after conclusion of this step the Union shall be give notice to the Company of its intention to carry the grievance to an Arbitration Board as provided with the supervisor's written response including the reasons for the decisionin Article IX. If the supervisor Union does not respond in begin processing a timely mannergrievance to arbitration within forty-five (45) days after notifying the Company of its intention to carry the grievance to an Arbitration Board, the grievance may will be advanced deemed to the next step of the grievance procedurehave been terminated. 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 Xxxxx’s written response including the reasons for the decision. If the Director of Physical Xxxxx 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

Samples: Memorandum of Agreement

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