IN THE FORMAL PROCEDURE. If the grievance has not been resolved or settled at Step 1, or if the Step 1 decision has not been issued within the time limits set forth above, the PSC may appeal the grievance to Step 2 by submitting it in writing to the Foundation's President, or to his/her designee, within fifteen (15) work days after receipt by PSC of the Step 1 decision, or the date upon which it was due. The President, or his/her designee, shall meet with a PSC representative to review and discuss the grievance within fifteen (15) work days following the date of the submission of the grievance to Step 2. The aggrieved employee(s) shall be afforded the opportunity to be present for the meeting. The President, or his/her designee, shall render a written decision with respect to the grievance, and shall deliver the decision to the PSC, within fifteen (15) work days after the conclusion of the meeting. A failure by the Foundation to timely schedule a meeting, or to render a decision at Step 2, shall result in the right of the PSC to appeal the grievance to Step 3. Step 3 - Arbitration If the grievance has not earlier been resolved or settled as a result of the Step 1 and Step 2 procedures, or if the Step 2 decision has not been issued within the time limits set forth herein, the PSC may within fifteen (15) work days following receipt of the Step 2 decision, or the date upon which it was due, demand arbitration by serving a written demand for arbitration by Certified Mail, Return Receipt Requested, upon the Foundation's President, and upon the American Arbitration Association (AAA). The arbitration shall be conducted in accordance with the laws of the State of New York and the AAA's labor arbitration rules. For each arbitration, the parties will take the necessary steps under the AAA rules to select a single arbitrator from the list(s) provided by the AAA. The decision of the arbitrator shall be final and binding on all parties, and each party agrees to abide by the decision or award and any judgment or order, which confirms or vacates the decision. The costs of the arbitration shall be borne equally by the PSC and by the Foundation. Expenses of witnesses shall be borne by the party which calls the witness. The arbitrator's power and jurisdiction to arbitrate and to decide a grievance shall be limited to controversies regarding the meaning of provisions of the Agreement, and he/she shall have no authority or jurisdiction to change, amend, modify, supplement or otherwise alter in any re...
IN THE FORMAL PROCEDURE. A written grievance shall be submitted by the PSC to the Foundation's Director of Human Resources, or to her/his designee, no later than thirty (30) work days after the date on which the action giving rise to the grievance occurred. Any grievance not submitted within these specific time limits shall be deemed waived. The Foundation's Director of Human Resources, or her/his designee, shall take such steps as he/she may deem necessary for the proper disposition of the grievance. This may include a meeting or conference call with the aggrieved employee(s) and a PSC representative to discuss the grievance. The disposition of the grievance shall be in writing and be made by the end of the tenth (10th) work day following the date of the submission of the grievance. A copy of the disposition shall be sent to the PSC.
IN THE FORMAL PROCEDURE. Art. 14 A complaint is an informal claim by an employee or a group of employees covered by this Agreement, or by the PSC chapter as a whole, of improper or unfair treatment. Complaints are processed through the informal procedures set forth in the next section. A com- plaint that meets the definition of a grievance as set forth below may be made the subject of a grievance when informal resolution fails.
IN THE FORMAL PROCEDURE. PSC shall present the grievance to the employee’s next immedi- ate supervisor not in the bargaining unit not later than thirty (30) calendar days after the date the employee became aware or should have become aware of the facts upon which the grievance is based. Such supervisor shall take such steps as he/she may deem necessary for the proper disposition of the grievance. Such disposition shall be in writing and be made by the end of the tenth (10th) working day following the date of submission of the grievance. The aggrieved employee shall be afforded the opportunity to be present at any hear- ing on the grievance before the supervisor.
IN THE FORMAL PROCEDURE. An appeal may be taken from a Step 1 decision. Any such appeal must be presented in writing by PSC to the President or his/her designee within fifteen (15) working days after receipt by PSC of the Step 1 decision. The President or his/her designee shall meet with PSC for a hearing and review of the grievance within ten (10) working days after the notice of appeal is received and shall render a written decision thereon by the end of the fifteenth (15th) working day after his/her final meeting with PSC. The aggrieved employee shall be afforded the opportunity to be present at the hearing on the grievance at this step. For group grievances initiated at Step 2, the President or his/her designee shall meet with PSC to discuss the grievance within twen- ty (20) working days of the receipt of the grievance and shall render a written decision thereon by the end of the twentieth (20th) work- ing day after his/her final meeting with PSC.
