LEVEL 2 GRIEVANCE. If a satisfactory settlement is not reached at Xxxxx 0, the written grievance may be advanced by the Union in writing to the next higher designated manager at Level 2 within fifteen (15) calendar days after a decision has been issued or was due. The Union and the Employer shall discuss the issue within ten (10) calendar days of receipt of the written grievance. Meetings regarding the grievance shall be held in a mutually agreeable location, including by phone or video conference. Meetings shall be held during the scheduled hours of the grievant if reasonable. An employee who is required to attend meetings outside of scheduled working hours shall be paid for the time spent at their normal rate of pay. The Level 2 Designee will issue a written decision or response within ten (10) calendar days of this discussion. Failure to do so will be deemed a denial of the grievance and will allow the Union to decide to advance the grievance to Xxxxx 0 xx Xxxxx 0 (Xxxxxxxxx or Arbitration). Discipline which constitutes a final written warning or reprimand, or higher level of discipline may be advanced by the Union to Level 3. Mediation (Optional) In the event the grievance is not resolved through the process at Level 1 or Level 2, the Union and the Employer may agree to mediate the grievance. Such notification must be sent to the Employer within fifteen (15) calendar days after the Level 2 Designee’s decision has been issued or was due. Mediation shall be conducted by the Federal Mediation and Conciliation Service (FMCS) or such mediator as the Parties may mutually agree, on a non-binding basis. Any grievance settlement reached in mediation, whether it represents a compromise between the Parties or a full granting or withdrawal of the grievance, shall be reduced to writing, signed by the Parties and shall be final and binding. Any settlement offer made in the course of mediation shall be considered “off the record” and shall be inadmissible in any subsequent arbitration. The function of the mediator is to provide the Parties with possible win/win resolutions of the issue and to offer skilled advice as to what is likely to happen in an arbitration hearing in order to make a settlement of the grievance(s) more likely. The Parties will agree as to when the mediation conference occurs, balancing the need to expedite case resolution with the convenience of mediating multiple grievances at once when possible. The mediation shall be attended by representatives of the Employer and the Union with full authority to resolve the grievances to be mediated. Employees who attend mediation shall do so on unpaid time. Every effort will be made to conduct mediation discussions as concisely as possible. The Parties shall bear their own costs for mediation. If a private mediator is used in lieu of FMCS by mutual agreement, the Parties will bear the cost of the mediator’s services equally. If mediation is unsuccessful in resolving the grievance, or mediation is not selected as an option for resolution, the Union may advance the grievance to Level 4.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
LEVEL 2 GRIEVANCE. If a satisfactory settlement is not reached at Xxxxx 0, the written grievance may be advanced by the Union in writing to the next higher designated manager at Level 2 within fifteen (15) calendar days after a decision has been issued or was due. The Union and the Employer shall discuss the issue within ten (10) calendar days of receipt of the written grievance. Meetings regarding the grievance shall be held in a mutually agreeable location, including by phone or video conference. Meetings shall be held during the scheduled hours of the grievant if reasonable. An employee who is required to attend meetings outside of scheduled working hours shall be paid for the time spent at their his/her normal rate of pay. The Level 2 Designee will issue a written decision or response within ten (10) calendar days of this discussion. Failure to do so will be deemed a denial of the grievance and will allow the Union to decide to advance the grievance to Xxxxx 0 xx Xxxxx 0 (Xxxxxxxxx or Arbitration). Discipline which constitutes a final written warning or reprimand, or higher level of discipline may be advanced by the Union to Level 3. Mediation (Optional) Optional) In the event the grievance is not resolved through the process at Level 1 or Level 2, the Union and the Employer may agree to mediate the grievance. Such notification must be sent to the Employer within fifteen (15) calendar days after the Level 2 Designee’s decision has been issued or was due. Mediation shall be conducted by the Federal Mediation and Conciliation Service (FMCS) or such mediator as the Parties may mutually agree, on a non----binding basis. Any grievance settlement reached in mediation, whether it represents a compromise between the Parties or a full granting or withdrawal of the grievance, shall be reduced to writing, signed by the Parties and shall be final and binding. Any settlement offer made in the course of mediation shall be considered “off the record” and shall be inadmissible in any subsequent arbitration. The function of the mediator is to provide the Parties with possible win/win resolutions of the issue and to offer skilled advice as to what is likely to happen in an arbitration hearing in order to make a settlement of the grievance(s) more likely. The Parties will agree as to when the mediation conference occurs, balancing the need to expedite case resolution with the convenience of mediating multiple grievances at once when possible. The mediation shall be attended by representatives of the Employer and the Union with full authority to resolve the grievances to be mediated. Employees who attend mediation shall do so on unpaid time. Every effort will be made to conduct mediation discussions as concisely as possible. The Parties shall bear their own costs for mediation. If a private mediator is used in lieu of FMCS by mutual agreement, the Parties will bear the cost of the mediator’s services equally. If mediation is unsuccessful in resolving the grievance, or mediation is not selected as an option for resolution, the Union may advance the grievance to Level 4.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement