Immediate Dispute Resolution - Health and Safety. A. When the union believes that there exists a clear and present danger of an imminent and severe threat to the health and safety of Unit 2 employees and the elimination of that danger cannot be accomplished at the local level, CASE may invoke the provisions of this section as follows: 1. Within forty-eight (48) Monday through Friday hours of becoming aware of the alleged threat CASE may contact the department’s Labor Relations Officer with specific information regarding the alleged threat to the health and/or safety of the employees. 2. The Labor Relations Officer may resolve the dispute or may refer the matter down to a lower management level. 3. If the dispute is referred to a lower management level, CASE will commence informal discussions at the designated level within twenty-four (24) Monday through Friday hours. 4. The Labor Relations Officer may also participate in any informal discussion at any time. 5. If a mutual resolution is not achieved within forty-eight (48) Monday through Friday hours from the time the dispute was referred to the lower management level CASE may request informal talks with level 3 of the grievance and arbitration procedure. 6. If a mutual resolution is not achieved within twenty-four (24) Monday through Friday hours of the dispute being presented at level 3, CASE may present the dispute to the Department of Human Resources. 7. If a mutual resolution is not achieved within twenty-four (24) Monday through Friday hours of the dispute being presented at that level, CASE may request the dispute be submitted to immediate arbitration. 8. The State shall request the American Arbitration Association, the State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service to submit to the parties a panel of five (5) names. The first arbitrator, mutually agreeable who can be available for arbitration within ten (10) calendar days of the date the list is provided, or on a date mutually agreed to by the parties, shall be selected. In the event that the parties do not agree on an arbitrator, names from the list shall be stricken as follows: CASE shall make the first selection, and the parties shall thereafter alternately make selections until an arbitrator is available or the panel is exhausted, a second panel shall be requested. 9. The arbitrator shall have no authority to add to, delete or otherwise alter any provision of the contract, but shall limit the decision to the facts and circumstances as provided at arbitration. 10. The arbitrator shall make a decision solely on any written record previously submitted by the parties, with each party also providing a copy to the other party, on any oral presentation, and on any documentation submitted at arbitration. Only the arbitrator may ask questions of the other party. Statements of witnesses may be submitted in the form of an affidavit. 11. The Arbitrator shall make a bench decision which is binding on the parties. 12. The costs of the arbitration shall be borne equally by the parties. B. It is understood that references to health and safety conditions of work are not intended to include those hazards and risks which are an ordinary characteristic of the work or are reasonably associated with the performance of an employee’s responsibilities and duties. C. Time limits may be extended at any step by mutual agreement of the parties. D. The parties agree that the intent of this procedure is to provide an avenue for urgent communications between the parties at the appropriate level in order to timely clear up misunderstandings that may seriously affect employees.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Immediate Dispute Resolution - Health and Safety. A. When the union believes that there exists a clear and present danger of an imminent and severe threat to the health and safety of Unit 2 employees and the elimination of that danger cannot be accomplished at the local level, CASE may invoke the provisions of this section as follows:
1. Within forty-eight (48) Monday through Friday hours of becoming aware of the alleged threat CASE may contact the department’s Labor Relations Officer with specific information regarding the alleged threat to the health and/or safety of the employees.
2. The Labor Relations Officer may resolve the dispute or may refer the matter down to a lower management level.
3. If the dispute is referred to a lower management level, CASE will commence informal discussions at the designated level within twenty-four (24) Monday through Friday hours.
4. The Labor Relations Officer may also participate in any informal discussion at any time.
5. If a mutual resolution is not achieved within forty-eight (48) Monday through Friday hours from the time the dispute was referred to the lower management level CASE may request informal talks with level 3 of the grievance and arbitration procedure.
6. If a mutual resolution is not achieved within twenty-four (24) Monday through Friday hours of the dispute being presented at level 3, CASE may present the dispute to the Department of Human ResourcesPersonnel Administration.
7. If a mutual resolution is not achieved within twenty-four (24) Monday through Friday hours of the dispute being presented at that level, CASE may request the dispute be submitted to immediate arbitration.
8. The State shall request the American Arbitration Association, the State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service to submit to the parties a panel of five (5) names. The first arbitrator, mutually agreeable who can be available for arbitration within ten (10) calendar days of the date the list is provided, or on a date mutually agreed to by the parties, shall be selected. In the event that the parties do not agree on an arbitrator, names from the list shall be stricken as follows: CASE shall make the first selection, and the parties shall thereafter alternately make selections until an arbitrator is available or the panel is exhausted, a second panel shall be requested.
9. The arbitrator shall have no authority to add to, delete or otherwise alter any provision of the contract, but shall limit the decision to the facts and circumstances as provided at arbitration.
10. The arbitrator shall make a decision solely on any written record previously submitted by the parties, with each party also providing a copy to the other party, on any oral presentation, and on any documentation submitted at arbitration. Only the arbitrator may ask questions of the other party. Statements of witnesses may be submitted in the form of an affidavit.
11. The Arbitrator shall make a bench decision which is binding on the parties.
12. The costs of the arbitration shall be borne equally by the parties.
B. It is understood that references to health and safety conditions of work are not intended to include those hazards and risks which are an ordinary characteristic of the work or are reasonably associated with the performance of an employee’s responsibilities and duties.
C. Time limits may be extended at any step by mutual agreement of the parties.
D. The parties agree that the intent of this procedure is to provide an avenue for urgent communications between the parties at the appropriate level in order to timely clear up misunderstandings that may seriously affect employees.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Immediate Dispute Resolution - Health and Safety.
A. When the union believes that there exists a clear and present danger of an imminent and severe threat to the health and safety of Unit 2 employees and the elimination of that danger cannot be accomplished at the local level, CASE may invoke the provisions of this section as follows:
1. Within forty-eight (48) Monday through Friday hours of becoming aware of the alleged threat CASE may contact the department’s Labor Relations Officer with specific information regarding the alleged threat to the health and/or safety of the employees.
2. The Labor Relations Officer may resolve the dispute or may refer the matter down to a lower management level.
3. If the dispute is referred to a lower management level, CASE will commence informal discussions at the designated level within twenty-four (24) Monday through Friday hours.
4. The Labor Relations Officer may also participate in any informal discussion at any time.
5. If a mutual resolution is not achieved within forty-eight (48) Monday through Friday hours from the time the dispute was referred to the lower management level CASE may request informal talks with level 3 of the grievance and arbitration procedure.
6. If a mutual resolution is not achieved within twenty-four (24) Monday through Friday hours of the dispute being presented at level 3, CASE may present the dispute to the Department of Human Resources.
7. If a mutual resolution is not achieved within twenty-four (24) Monday through Friday hours of the dispute being presented at that level, CASE may request the dispute be submitted to immediate arbitration.
8. The State shall request the American Arbitration Association, the State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service to submit to the parties a panel of five (5) names. The first arbitrator, mutually agreeable who can be available for arbitration within ten (10) calendar days of the date the list is provided, or on a date mutually agreed to by the parties, shall be selected. In the event that the parties do not agree on an arbitrator, names from the list shall be stricken as follows: CASE shall make the first selection, and the parties shall thereafter alternately make selections until an arbitrator is available or the panel is exhausted, a second panel shall be requested.
9. The arbitrator shall have no authority to add to, delete or otherwise alter any provision of the contract, but shall limit the decision to the facts and circumstances as provided at arbitration.
10. The arbitrator shall make a decision solely on any written record previously submitted by the parties, with each party also providing a copy to the other party, on any oral presentation, and on any documentation submitted at arbitration. Only the arbitrator may ask questions of the other party. Statements of witnesses may be submitted in the form of an affidavit.
11. The Arbitrator shall make a bench decision which is binding on the parties.
12. The costs of the arbitration shall be borne equally by the parties.
B. It is understood that references to health and safety conditions of work are not intended to include those hazards and risks which are an ordinary characteristic of the work or are reasonably associated with the performance of an employee’s responsibilities and duties.
C. Time limits may be extended at any step by mutual agreement of the parties.
D. The parties agree that the intent of this procedure is to provide an avenue for urgent communications between the parties at the appropriate level in order to timely clear up misunderstandings that may seriously affect employees.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Immediate Dispute Resolution - Health and Safety. A. When the union believes that there exists a clear and present danger of an imminent and severe threat to the health and safety of Unit 2 employees and the elimination of that danger cannot be accomplished at the local level, CASE may invoke the provisions of this section as follows:
1. Within forty-eight (48) Monday through Friday hours of becoming aware of the alleged threat CASE may contact the department’s Labor Relations Officer with specific information regarding the alleged threat to the health and/or safety of the employees.
2. The Labor Relations Officer may resolve the dispute or may refer the matter down to a lower management level.
3. If the dispute is referred to a lower management level, CASE will commence informal discussions at the designated level within twenty-four (24) Monday through Friday hours.
4. The Labor Relations Officer may also participate in any informal discussion at any time.
5. If a mutual resolution is not achieved within forty-eight (48) Monday through Friday hours from the time the dispute was referred to the lower management level CASE may request informal talks with level 3 of the grievance and arbitration procedure.
6. If a mutual resolution is not achieved within twenty-four (24) Monday through Friday hours of the dispute being presented at level 3, CASE may present the dispute to the Department of Human ResourcesPersonnel Administration.
7. If a mutual resolution is not achieved within twenty-four (24) Monday through Friday hours of the dispute being presented at that level, CASE may request the dispute be submitted to immediate arbitration.
8. The State shall request the American Arbitration Association, the State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service to submit to the parties a panel of five (5) names. The first arbitrator, mutually agreeable who can be available for arbitration within ten (10) calendar days of the date the list is provided, or on a date mutually agreed to by the parties, shall be selected. In the event that the parties do not agree on an arbitrator, names from the list shall be stricken as follows: CASE shall make the first selection, and the parties shall thereafter alternately make selections until an arbitrator is available or the panel is exhausted, a second panel shall be requested.
9. The arbitrator shall have no authority to add to, delete or otherwise alter any provision of the contract, but shall limit the decision to the facts and circumstances as provided at arbitration.
10. The arbitrator shall make a decision solely on any written record previously submitted by the parties, with each party also providing a copy to the other party, on any oral presentation, and on any documentation submitted at arbitration. Only the arbitrator may ask questions of the other party. Statements of witnesses may be submitted in the form of an affidavit.
11. The Arbitrator shall make a bench decision which is binding on the parties.
12. The costs of the arbitration shall be borne equally by the parties.
B. It is understood that references to health and safety conditions of work are not intended to include those hazards and risks which are an ordinary characteristic of the work or are reasonably associated with the performance of an employee’s responsibilities and duties.
C. Time limits may be extended at any step by mutual agreement of the parties.
D. The parties agree that the intent of this procedure is to provide an avenue for urgent communications between the parties at the appropriate level in order to timely clear up misunderstandings that may seriously affect employees.
Appears in 1 contract
Samples: Collective Bargaining Agreement