Presenting a Grievance. Any employee having a grievance in connection with his employment which is a violation of a Chapter or section of this contract shall present it to the Employer as follows: a) If an employee feels he has a grievance, he shall first discuss the matter with his immediate supervisor. This discussion may, at the option of the employee, occur during working hours. If the employee desires, he shall have the option of having his Xxxxxxx present during this discussion. General office employees may discuss the matter with the Xxxxxxx if their supervisor is not available. Should the matter not be resolved between the employee and the supervisor, whether the Xxxxxxx was present during the discussion or not, the employee shall discuss the grievance with his Xxxxxxx. b) The Xxxxxxx and aggrieved employee or spokesman for employees (if there is more than one aggrieved employee) may discuss the grievance with the immediate supervisor. c) If the matter is hereby not disposed of, it will be signed by the employee or the Xxxxxxx, and submitted in written form, as set forth below, to the immediate supervisor. The grievance must be identified by (1) number of grievance; (2) year, month and the day the grievance is filed with the Employer. On days when more than one grievance is filed, the number shall be followed with a letter A, B, C, etc. Step 2: a) If the immediate supervisor's answer is not satisfactory, the grievance may be referred to the Local President who may appeal the grievance to the Department Head within seven (7) calendar days of receipt of the answer of the immediate supervisor. The Local President or his designate shall be allowed time off his job without loss of time or pay to investigate a grievance he is to discuss with the Employer, when appropriate. A meeting between no more than three (3) representatives of the Local Union and three (3) representatives of the City will be arranged to discuss the grievance or grievances appearing on the agenda within seven (7) calendar days from the receipt of the answer. The Department Head shall reply to the grievance in written form within seven (7) days of the meeting. b) The Union representatives may meet at a place designated by the Employer on the Employer's property for one-half (1/2) hour immediately preceding a meeting with the representatives of the Employer for which a written request has been made.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Presenting a Grievance. Any employee Employee having a grievance in connection with his employment which is a violation of a Chapter or section of this contract shall present it to the Employer as follows:
(a) If an employee Employee feels he has a grievance, he shall first discuss the matter with his immediate supervisor. This discussion may, at the option of the employee, occur during working hours. If the employee desires, he shall have the option of having his Xxxxxxx present during this discussion. General office employees may discuss the matter with the Xxxxxxx if their supervisor is not available. Should the matter not be resolved between the employee and the supervisor, whether the Xxxxxxx was present during the discussion or not, the employee shall discuss the grievance with his Xxxxxxxthe xxxxxxx of the department. Time for such discussion not to exceed one-half (½) hour.
(b) The Xxxxxxx and aggrieved employee or spokesman for employees (if there is more than one aggrieved employee) xxxxxxx may discuss the grievance with the immediate supervisor.
(c) If the matter is hereby thereby not disposed of, it will be signed by the employee or the Xxxxxxx, and submitted in written form, as set forth below, form by the xxxxxxx to the immediate supervisor. The grievance must be identified by , who will answer within three (13) number of grievance; days.
(2) year, month and the day the grievance is filed with the Employer. On days when more than one grievance is filed, the number shall be followed with a letter A, B, C, etc. Step 2:
a) If the immediate supervisor's answer is not satisfactory, then the grievance may be presented by the xxxxxxx to the Director of Labor Relations who shall answer within three (3) days.
(b) In the event the immediate supervisor is a member of the bargaining unit, the grievance will be presented directly to Step 3.
(a) If the Director's answer is not satisfactory, then the grievance may be referred to the Local President local Unit Chairman who shall answer within three (3) days and who may submit his appeal the grievance on an agenda to the Department Head within seven (7) calendar days of receipt of the answer of the immediate supervisor. The Local President or his designate shall be allowed time off his job without loss of time or pay to investigate a grievance he is to discuss with the Employer, when appropriate. A meeting between no more than three two (32) representatives of the Local Union and three two (32) representatives of the City Employer will be arranged to discuss the grievance or grievances appearing on the agenda within seven (7) calendar days from the receipt date the agenda is received by the Employer. Such meeting may be attended by a representative of the answer. The Department Head shall reply to the grievance in written form within seven (7) days of the meetingCouncil/International Union.
(b) The Union representatives representative may meet at a place designated by the Employer on the Employer's property for at least one-half (1/2½) hour immediately preceding a meeting with the representatives of the Employer for which a written request has been made.
(c) The Chairman of the bargaining unit or his representative shall ask for and be allowed time off his job without loss of time or pay, not to exceed four (4) hours per week, accumulative for the current month, to investigate a grievance he is to discuss with the Employer. The immediate supervisor will grant him permission within reason to leave his work for this purpose. Any additional time needed will be granted without pay.
(d) Step 4 of the grievance procedure may be bypassed if agreed to by both parties in writing.
(a) If the Director’s answer is not satisfactory in Step 3 and the Union desires to carry the matter further, the Union shall, within 15 calendar days following receipt of the Director’s answer, advise the Employer in writing that such answer is unacceptable, the reasons it is deemed to be unacceptable, and in the communication further advise that the matter is being referred to mediation. Within 10 workdays of such notification, the Director of Labor Relations shall file a request for mediation through the Michigan Employment Relations Commission (MERC). A copy of which shall be forwarded to the Union President. If the Commission is unable to hear the grievance within 15 workdays from receipt of the request for mediation for any reason, either party may demand to proceed to the next step of the grievance procedure. Such demand by either of the parties shall not prohibit the parties from holding a mediation hearing with MERC prior to arbitration if mutually agreed.
(b) The mediation hearing shall be governed by the following rules:
1. The grievant shall have a right to be present at the Mediation Hearing as well as a Council 25 Representative;
2. Each party shall have one principal spokesperson;
3. Outside lawyers or consultants shall not participate in a mediation hearing;
4. Any documents presented to the mediator shall be returned to the respective parties at the conclusion of the hearing;
5. Proceedings shall be informal in nature. The presentation of evidence is not limited to that presented at earlier steps of the grievance procedure. The rules of evidence shall not apply and no formal record of the mediation hearing shall be made;
6. The mediator shall have the authority to meet separately with any person or persons provided their chief spokesperson is present, but will not have authority to compel a resolution of a grievance;
7. If no settlement is reached, the mediator may provide the parties with a verbal advisory;
8. The mediator shall state the grounds for his/her advisory;
9. The mediator shall have no power to alter or amend the terms of the Collective Bargaining Agreement;
10. The advisory of the mediator shall not be submitted as evidence if the grievance later is heard by an arbitrator.
(a) If the grievance is not satisfactorily adjusted in the last preceding step, either party may request arbitration of an unsettled grievance. The party desiring arbitration must notify the other party in writing of such desire within fifteen (15) days of the day the written disposition was given under the last step of the grievance procedure provided for in this Agreement. In the event that either party should fail to serve such written notice, the matter shall be considered withdrawn. The parties shall attempt to agree upon an impartial arbitrator. If they cannot so agree within seven (7) days of the request for arbitration, the party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association, requesting that an arbitrator be selected with assistance and under the rules of the American Arbitration Association.
(b) The arbitrator shall have no power to add to or subtract from or modify any of the terms of the Agreement or any supplementary agreement nor to rule on any matter except while this Agreement is in full force and effect between the parties.
(c) The expenses of the arbitrator shall be borne equally by the Union and the City.
(d) There shall be no appeal from any arbitrator's decision, as such decision shall be final and binding on the Union and its members, the Employee or Employees involved, and the Employer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Presenting a Grievance. Any employee having
K 2.1 STEP ONE (1), OFFICE OF THE XXXX (WRITTEN) If the grievant and the Association wish to file a grievance, the statement prepared by the Association Committee on Contract Grievances must be presented to the office of the respective xxxx within sixty (60) days of the date a member of the faculty has knowledge or reasonably should have had knowledge of the occurrence of the grievance, in order for the matter to be proper for the grievance procedure. Following submission of the written grievance, a time for meeting between the grievant and a representative from the Association and the xxxx shall be arranged within ten (10) days after submission of the written grievance. The meeting shall be held not later than ten (10) days after submission of the written grievance. The Association representative may fully represent the grievant in the grievant's absence. Other persons may attend to provide information. The office of the respective xxxx shall answer the grievance in writing within ten (10) calendar days from the date of the meeting at which the grievance was discussed. If the xxxx does not so timely answer, the grievance shall be treated as granted. A grievance not appealed, as provided in Step 2 below, within ten (10) calendar days after the answer from the office of the respective xxxx shall be considered settled on the basis of the last answer and not subject to further review.
K 2.2 STEP TWO (2), OFFICE OF THE VICE PRESIDENT FOR ACADEMIC AFFAIRS If the matter is not resolved at the first step, the Association Committee on Contract Grievances shall meet and reconsider the matter. If after the meeting, the Association Committee on Contract Grievances wishes to carry the matter further, it shall, within ten (10) calendar days after the first step result, submit the matter to the Office of the Vice President for Academic Affairs with a notice that the answer of the office of the respective xxxx with respect to the grievance is not satisfactory. Following such submission, a time for meeting between the grievant, and a representative from the Association and the Vice President for Academic Affairs, or his/her designee, shall be arranged, to be held no later than ten (10) days from the date of submission. The Association will prepare a record which will consist of the original written grievance prepared by the Association, written answers to the grievance and other written records as there may be in connection with his employment which is a violation of a Chapter or section of this contract shall the matter together with any additional information and the facts the Association deems pertinent, and present it the same to the Employer as follows:
a) If an employee feels he has a grievance, he shall first discuss office of the matter with his immediate supervisorVice President for Academic Affairs. This discussion mayOther persons, at the option request of either party, may attend to provide information. The Office of the employee, occur during working hoursVice President for Academic Affairs will render a written decision on the matter within ten (10) days from said meeting. If the employee desiresOffice of the Vice President for Academic Affairs does not timely answer, he the grievance shall be treated as granted. A grievance not appealed, as provided in Step Three (3) below, within ten (10) calendar days after the answer from the Office of the Vice President for Academic Affairs shall be considered settled on the basis of the last answer and not subject to further review.
K 2.3 STEP THREE (3), GRIEVANCE RESOLUTION COMMISSION (GRC) A Grievance Resolution Commission shall be established to review matters brought before it by the Association Committee for Contract Grievances for matters not resolved at Step Two and any other provisions specified in this contract. The Grievance Resolution Commission shall be a five member commission which shall consist of two members selected by the Association and two members selected by the Vice President for Academic Affairs. Each member shall have full voting rights. A fifth member, who shall act as chairperson of the Grievance Resolution Commission shall be selected by agreement between the Vice President for Academic Affairs and the President of the Association. In the event they are unable to agree upon a Chairperson within thirty (30) days, either of them may request the American Arbitration Association to select a person to act as chairperson of the commission. If the grievance is a grievance under K 1, the Association Committee for Contract Grievances or the Vice President for Academic Affairs shall have the option of having his Xxxxxxx present during this discussionthe GRC consist solely of the Chairperson (Arbitrator), selected as indicated above. General office employees may discuss Any reference to the matter with GRC shall also refer to a sole arbitrator. After the Xxxxxxx if their supervisor is not available. Should Chairperson has been selected, a hearing shall be held by the matter not be resolved between the employee Grievance Resolution Commission and the supervisor, whether Commission shall assemble all evidence it deems relevant to a determination of the Xxxxxxx was present during questions raised before it by the discussion or notparties. In order to reach such a decision, the employee shall discuss majority vote of the grievance with his Xxxxxxx.
b) GRC is required. The Xxxxxxx decision and aggrieved employee or spokesman for employees (if there is more than one aggrieved employee) may discuss the grievance with the immediate supervisor.
c) If the matter is hereby not disposed of, it will be signed award reached by the employee or GRC on all matters shall be final and binding on all parties to this agreement, including the Xxxxxxx, and submitted in written form, as set forth below, to affected faculty member. Necessary clerical support shall be provided by the immediate supervisorUniversity. The grievance must be identified by (1) number cost of grievance; (2) year, month and the day the grievance is filed with the Employer. On days when more than one grievance is filed, the number an arbitrator shall be followed with a letter Aborne equally by the parties. Expenses for witnesses, Bhowever, C, etc. Step 2:
a) If the immediate supervisor's answer is not satisfactory, the grievance may be referred to the Local President who may appeal the grievance to the Department Head within seven (7) calendar days of receipt of the answer of the immediate supervisor. The Local President or his designate shall be allowed time off his job without loss of time or pay to investigate a grievance he is to discuss with the Employer, when appropriate. A meeting between no more than three (3) representatives of the Local Union and three (3) representatives of the City will be arranged to discuss the grievance or grievances appearing on the agenda within seven (7) calendar days from the receipt of the answer. The Department Head shall reply to the grievance in written form within seven (7) days of the meeting.
b) The Union representatives may meet at a place designated borne by the Employer on the Employer's property for one-half (1/2) hour immediately preceding a meeting with the representatives of the Employer for which a written request has been madeparty who calls them.
Appears in 1 contract
Samples: Faculty Contract
Presenting a Grievance. Any employee having a grievance in connection with his employment which is a violation of a Chapter or section of this contract shall present it to the Employer employer as follows:
(a) If an employee feels he he/she has a grievance, he shall first discuss the matter with his immediate supervisor. This discussion may, at the option of the employee, occur during working hours. If the employee desires, he shall have the option of having his Xxxxxxx present during this discussion. General office employees may discuss the matter with the Xxxxxxx if their supervisor is not available. Should the matter not be resolved between the employee and the supervisor, whether the Xxxxxxx was present during the discussion or not, the employee he/she shall discuss the grievance with his Xxxxxxxthe xxxxxxx of the department. Time for such discussion not to exceed one-half (½) hour.
(b) The Xxxxxxx and aggrieved employee or spokesman for employees (if there is more than one aggrieved employee) xxxxxxx may discuss the grievance with the immediate supervisor.
(c) If the matter is hereby thereby not disposed of, it will be signed by the employee or the Xxxxxxx, and submitted in written form, as set forth below, form by the xxxxxxx to the immediate supervisor. The grievance must be identified by , who will answer within three (13) number of grievance; days.
(2) year, month and the day the grievance is filed with the Employer. On days when more than one grievance is filed, the number shall be followed with a letter A, B, C, etc. Step 2:
a) If the immediate supervisor's answer is not satisfactory, then the grievance may be presented by the xxxxxxx to the Human Resources Director who shall answer within three (3) days.
(b) In the event the immediate supervisor is a member of the bargaining unit, the grievance will be presented directly to Step 3.
(a) If the director's answer is not satisfactory, then the grievance may be referred to the Local President local Unit Chairman who shall answer within three (3) days and who may submit his/her appeal the grievance on an agenda to the Department Head within seven (7) calendar days of receipt of the answer of the immediate supervisor. The Local President or his designate shall be allowed time off his job without loss of time or pay to investigate a grievance he is to discuss with the Employer, when appropriateemployer. A meeting between no more than three two (32) representatives of the Local Union union and three two (32) representatives of the City employer will be arranged to discuss the grievance or grievances appearing on the agenda within seven (7) calendar days from the receipt date the agenda is received by the employer. Such meeting may be attended by a representative of the answer. The Department Head shall reply to the grievance in written form within seven (7) days of the meetingcouncil/international union.
(b) The Union representatives union representative may meet at a place designated by the Employer employer on the Employeremployer's property for at least one-half (1/2½) hour immediately preceding a meeting with the representatives of the Employer employer for which a written request has been made.
(c) The chairman of the bargaining unit or his/her representative shall ask for and be allowed time off his/her job without loss of time or pay, not to exceed four (4) hours per month to investigate a grievance he/she is to discuss with the employer. The immediate supervisor will grant him/her permission within reason to leave his/her work for this purpose. Any additional time needed will be granted without pay.
(d) Step 4 of the grievance procedure may be bypassed if agreed to by both parties in writing.
(a) If the director’s answer is not satisfactory in Step 3 and the union desires to carry the matter further, the union shall, within 15 calendar days following receipt of the director’s answer, advise the employer in writing that such answer is unacceptable, the reasons it is deemed to be unacceptable, and in the communication further advise that the matter is being referred to mediation. Within 10 workdays of such notification, the Human Resources Director shall file a request for mediation through the Michigan Employment Relations Commission (MERC). A copy of which shall be forwarded to the Union President. If the commission is unable to hear the grievance within 15 workdays from receipt of the request for mediation for any reason, either party may demand to proceed to the next step of the grievance procedure. Such demand by either of the parties shall not prohibit the parties from holding a mediation hearing with MERC prior to arbitration if mutually agreed.
(b) The mediation hearing shall be governed by the following rules:
1. The grievant shall have a right to be present at the Mediation Hearing as well as a Council 25 Representative;
2. Each party shall have one principal spokesperson;
3. Outside lawyers or consultants shall not participate in a mediation hearing;
4. Any documents presented to the mediator shall be returned to the respective parties at the conclusion of the hearing;
5. Proceedings shall be informal in nature. The presentation of evidence is not limited to that presented at earlier steps of the grievance procedure. The rules of evidence shall not apply and no formal record of the mediation hearing shall be made;
6. The mediator shall have the authority to meet separately with any person or persons provided their chief spokesperson is present, but will not have authority to compel a resolution of a grievance;
7. If no settlement is reached, the mediator may provide the parties with a verbal advisory;
8. The mediator shall state the grounds for his/her advisory;
9. The mediator shall have no power to alter or amend the terms of the Collective Bargaining Agreement;
10. The advisory of the mediator shall not be submitted as evidence if the grievance later is heard by an arbitrator.
(a) If the grievance is not satisfactorily adjusted in the last preceding step, either party may request arbitration of an unsettled grievance. The party desiring arbitration must notify the other party in writing of such desire within fifteen (15) days of the day the written disposition was given under the last step of the grievance procedure provided for in this agreement. In the event that either party should fail to serve such written notice, the matter shall be considered withdrawn. The parties shall attempt to agree upon an impartial arbitrator. If they cannot so agree within seven (7) days of the request for arbitration, the party requesting arbitration shall promptly thereafter file a
(b) The arbitrator shall have no power to add to or subtract from or modify any of the terms of the agreement or any supplementary agreement nor to rule on any matter except while this agreement is in full force and effect between the parties.
(c) The expenses of the arbitrator shall be borne equally by the union and the city.
(d) There shall be no appeal from any arbitrator's decision, as such decision shall be final and binding on the union and its members, the employee or employees involved, and the employer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Presenting a Grievance. Any employee having a such grievance shall be settled in connection accordance with his employment which is a violation of a Chapter or section of this contract shall present it to the Employer as followsfollowing grievance procedure:
a) If an employee feels he has a grievance, he shall first discuss the matter with his immediate supervisorStep 1. This discussion may, at the option of Between the employee, occur during working hours. If the employee desirestogether with his/her xxxxxxx, he shall have the option of having his Xxxxxxx present during this discussion. General office employees may discuss the matter with the Xxxxxxx if their supervisor is not available. Should the matter not be resolved between the employee and the supervisor, whether or between the Xxxxxxx was xxxxxxx and such supervisor, except that either the xxxxxxx or the supervisor may require the employee to be present during if s/he so elects.
Step 2. In all cases where Step 1 does not result in a satisfactory settlement of the grievance, such grievance may then be submitted in writing to the Facilities Management administration within fourteen (14) calendar days after it has been presented to the supervisor.
a) Any grievance thus submitted to the Director shall then be subject to discussion between the appropriate Director and the Stewards Committee at the next regular meeting between the Facilities Management administration and the Stewards Committee, except that if a grievance has been submitted within twenty- four (24) hours of a regular meeting between the Facilities Management administration and the Stewards Committee it shall, at the request of either the Facilities Management administration, or notthe Chairman of the Stewards Committee, be deferred until the next regular meeting of the Facilities Management administration and the Stewards Committee. It is understood that all meetings between the Facilities Management administration and the Stewards Committee, the employee Facilities Management administration shall discuss have the grievance with his Xxxxxxxprivilege of delegating his/her authority to a member of his/her staff.
b) The Xxxxxxx Regular meetings of the Facilities Management administration and aggrieved employee or spokesman for employees (if there is more than one aggrieved employee) may discuss the grievance with Stewards Committee shall be held at the immediate supervisor.
c) If the matter is hereby not disposed of, it will Facilities Management administration's office at such times as shall be signed agreed upon by the employee or Facilities Management administration and the Xxxxxxx, and submitted in written form, as set forth below, to Chairman of the immediate supervisorStewards Committee. A representative of the International Union may be present at the request of the Stewards Committee. The grievance must be identified by (1) number of grievance; (2) year, month and Director shall make the day the grievance is filed with the Employer. On days when more than one grievance is filed, the number shall be followed with a letter A, B, C, etc. Step 2:
a) If the immediate supervisoremployer's answer is not satisfactory, the grievance may be referred to the Local President who may appeal the grievance to the Department Head decision in writing within seven (7) calendar days of receipt after the meeting of the answer of Facilities Management administration and the immediate supervisorStewards Committee at which it is discussed. The Local President or his designate shall be allowed time off his job without loss of time or pay to investigate a grievance he is to discuss with In the Employer, when appropriate. A meeting between no more than three (3) representatives of the Local Union and three (3) representatives of the City will be arranged to discuss event that the grievance shall not have been settled satisfactorily at such meeting, or grievances appearing on within the agenda within seven (7) calendar days from the receipt of the answer. The Department Head shall reply to the grievance in written form within said seven (7) days thereafter (unless postponed to a later meeting by mutual agreement), the party that has instituted the grievance may submit the grievance to arbitration as provided in section 9. A submission of a grievance to arbitration shall be made within twenty (20) calendar days after the date of the meeting at which it was presented, unless postponed to a later meeting.
, in which event, it shall be submitted to arbitration within twenty (20) calendar days of such postponed meeting. Any grievance shall be deemed to be settled when not submitted (a) to Step 2 within fourteen (14) calendar days after being presented to the supervisor, or (b) The Union representatives may meet at a place to arbitration within the twenty (20) day period designated in Section 8 (b). Matters of general interpretation of this Agreement which cannot be settled by the Employer on supervisor may be introduced by either the Employer's property for one-half (1/2) hour immediately preceding a meeting with employer or the representatives Union at Step 2. Such grievances shall be submitted in writing by the Union to the Facilities Management administration and by the employer to the chairman of the Employer for Stewards Committee. Such grievance shall be discussed at the next meeting of the Facilities Management administration and the Stewards Committee unless it is submitted within twenty-four (24) hours at the time at which such meeting is scheduled, in which event it may be postponed until the following meeting at the request of either the Facilities Management administration, or the chairman of the Stewards Committee. Minutes shall be kept of all meetings under Step 2 of the grievance procedure in a written request has been mademutually agreed form. The employer and the chairman of the Stewards Committee shall each be furnished with a copy of such minutes.
Appears in 1 contract
Samples: Collective Bargaining Agreement