Performance Tests Contractor shall perform Performance Tests in accordance with Section 11.2 of the Agreement and Attachment S.
GRIEVANCE PROCEDURE 1. Should differences arise between the Cuyahoga DD and the Union as to the interpretation or application of some express provision of the Agreement, an xxxxxxx effort will be made to settle such differences promptly in the following manner. Step 1. The aggrieved employee may speak to his/her immediate supervisor in an effort to resolve the issue in a timely manner. Step 2. If no resolution is reached at Step 1, or if the employee wishes to bypass Step 1, the grievance must be submitted in writing to the employee’s Department Manager within fifteen (15) working days of occurrence giving rise to the grievance. If the grievance involves a supervisor, the grievance shall advance and be filed at step 2 of the grievance process. If the grievance involves a different department or unit (QA, SA, or MUI unit), the grievance shall advance and be filed under step 3 of the grievance process. The grievant, Department Manager and a Union representative shall meet within 15 working days of the filing of the grievance to discuss the grievance at a time and in a manner which does not interfere with operations and does not involve the Cuyahoga DD’s clients or visitors. If no settlement is reached at this meeting, the Department Manager shall have five (5) work days after the meeting to respond to the grievance in writing. Step 3. If the written answer of the Department Manager is deemed unsatisfactory, the grievance must be appealed, in writing, to the Director of Human Resources or his designee within fifteen (15) working days from the day of receipt of the appeal. The Director of Human Resources and/or his designee shall meet within 15 working days of the appeal of the grievance, with the grievant, the Union representative (s), to discuss the grievance. If no settlement is reached at this meeting, the Director of Human Resources or his designee shall have five (5) work days to respond to the grievance in writing. 2. If the Union is not satisfied with the answer at Step 3, the Union may submit the grievance to arbitration by serving written notice to the Cuyahoga DD of its desire to do so within twenty (20) work days of receipt of the Step 3 decision after the next Union Executive Board meeting. Following initial notification, the Union must notify the Federal Mediation and Conciliation Service ("FMCS") and request that it provide a panel of seven (7) arbitrators. In the event the Grievant has filed an internal appeal within SEIU 1199, the Union will give written notice to the Human Resources Director or designee and will have no more than 45 days after the Executive Board meeting to inform the Board if an appeal will be granted, and the Union shall have ten (10) days from that date to send its written request to FMCS. The Union and the Cuyahoga DD shall alternatively eliminate from the panel the arbitrator of their choosing until only one arbitrator remains. The sole arbitrator shall hear the case. The decision of the arbitrator shall be final and binding on the Cuyahoga DD, the Union and the employees. The arbitrator shall decide the grievance in accordance with the expressed provisions of this Agreement and shall have no authority to add to, subtract from, or modify any part of this Agreement. The expenses of the arbitrator, including his/her time, travel and miscellaneous expenses shall be borne equally by the parties.