Presenting a Grievance. Any Employee having a grievance shall present it to the Employer as follows: (a) If an Employee feels he has a grievance, he shall discuss the grievance with the xxxxxxx of the department. Time for such discussion not to exceed one-half (½) hour. (b) The xxxxxxx may discuss the grievance with the immediate supervisor. (c) If the matter is thereby not disposed of, it will be submitted in written form by the xxxxxxx to the immediate supervisor, who will answer within three (3) days. (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 Unit Chairman who shall answer within three (3) days and who may submit his appeal on an agenda to the Employer. A meeting between two (2) representatives of the Union and two (2) representatives of the Employer will be arranged to discuss the grievance or grievances appearing on the agenda within seven (7) days from the date the agenda is received by the Employer. Such meeting may be attended by a representative of the Council/International Union. (b) The Union representative may meet at a place designated by the Employer on the Employer's property for at least one-half (½) 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 a grievance shall present it
K 2.1 STEP ONE (1), OFFICE OF THE XXXX (WRITTEN) If the grievant and the Association wish to the Employer as follows:
(a) If an Employee feels he has file a grievance, he shall discuss 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 with the xxxxxxx procedure. Following submission of the departmentwritten 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. Time for such discussion 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 exceed one-half provide information. The office of the respective xxxx shall answer the grievance in writing within ten (½10) hourcalendar 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 (b) The xxxxxxx may discuss the grievance with the immediate supervisor.
(c) 2), OFFICE OF THE VICE PRESIDENT FOR ACADEMIC AFFAIRS If the matter is thereby not disposed of, it will be submitted in written form by resolved at the xxxxxxx to the immediate supervisor, who will answer within three (3) days.
(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 unitfirst step, the grievance will be presented directly to Step 3.
(a) Association Committee on Contract Grievances shall meet and reconsider the matter. If after the Director's answer is not satisfactorymeeting, then the grievance may be referred to the local Unit Chairman who shall answer within three (3) days and who may submit his appeal Association Committee on an agenda to the Employer. A meeting between two (2) representatives of the Union and two (2) representatives of the Employer will be arranged to discuss the grievance or grievances appearing on the agenda within seven (7) days from the date the agenda is received by the Employer. Such meeting may be attended by a representative of the Council/International Union.
(b) The Union representative may meet at a place designated by the Employer on the Employer's property for at least one-half (½) 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 Contract Grievances wishes to carry the matter further, the Union it shall, within 15 ten (10) calendar days following receipt after the first step result, submit the matter to the Office of the Director’s answerVice 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, advise a time for meeting between the Employer in writing that such answer is unacceptablegrievant, and a representative from the reasons it is deemed Association and the Vice President for Academic Affairs, or his/her designee, shall be arranged, to be unacceptableheld 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 the matter together with any additional information and the facts the Association deems pertinent, and in present the communication further advise that same to the office of the Vice President for Academic Affairs. Other persons, at the request of either party, may attend to provide information. The Office of the Vice President for Academic Affairs will render a written decision on 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 within ten (MERC). A copy of which shall be forwarded to the Union President10) days from said meeting. If the Office of the Vice President for Academic Affairs does not timely answer, 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 is 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 hear agree upon a Chairperson within thirty (30) days, either of them may request the grievance within 15 workdays from receipt American Arbitration Association to select a person to act as chairperson of the request for mediation for any reason, either party may demand to proceed to the next step of the grievance procedurecommission. 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 a grievance under K 1, the last preceding stepAssociation Committee for Contract Grievances or the Vice President for Academic Affairs shall have the option of having the GRC consist solely of the Chairperson (Arbitrator), either party may request arbitration selected as indicated above. Any reference to the GRC shall also refer to a sole arbitrator. After the Chairperson has been selected, a hearing shall be held by the Grievance Resolution Commission and the Commission shall assemble all evidence it deems relevant to a determination of the questions raised before it by the parties. In order to reach such a decision, the majority vote of the GRC is required. The decision and award reached by the GRC on all matters shall be final and binding on all parties to this agreement, including the affected faculty member. Necessary clerical support shall be provided by the University. The cost 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 parties. Expenses for witnesses, however, shall be no appeal from any arbitrator's decision, as such decision shall be final and binding on borne by the Union and its members, the Employee or Employees involved, and the Employerparty who calls them.
Appears in 1 contract
Samples: Faculty Contract
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 the xxxxxxx of the department. Time for such discussion not to exceed one-half (½) hourhis Xxxxxxx.
(b) The xxxxxxx 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 thereby hereby not disposed of, it will be signed by the employee or the Xxxxxxx, and submitted in written form by the xxxxxxx form, as set forth below, to the immediate supervisor. The grievance must be identified by (1) number of grievance; (2) year, who will answer within three (3) days.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 Unit Chairman 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 answer within 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) days representatives of the Local Union and who may submit his appeal on an agenda to the Employer. A meeting between two three (23) representatives of the Union and two (2) representatives of the Employer City will be arranged to discuss the grievance or grievances appearing on the agenda within seven (7) calendar days from the date the agenda is received by the Employer. Such meeting may be attended by a representative receipt of the Council/International Unionanswer. The Department Head shall reply to the grievance in written form within seven (7) days of the meeting.
(b) The Union representative representatives may meet at a place designated by the Employer on the Employer's property for at least one-half (½1/2) 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 employee having a grievance shall present it to the Employer employer as follows:
(a) If an Employee employee feels he he/she has a grievance, he he/she shall discuss the grievance with the xxxxxxx of the department. Time for such discussion not to exceed one-half (½) hour.
(b) The xxxxxxx may discuss the grievance with the immediate supervisor.
(c) If the matter is thereby not disposed of, it will be submitted in written form by the xxxxxxx to the immediate supervisor, who will answer within three (3) days.
(a) If the immediate supervisor's answer is not satisfactory, then the grievance may be presented by the xxxxxxx to the Human Resources 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 Directordirector's answer is not satisfactory, then the grievance may be referred to the local Unit Chairman who shall answer within three (3) days and who may submit his his/her appeal on an agenda to the Employeremployer. A meeting between two (2) representatives of the Union union and two (2) representatives of the Employer employer will be arranged to discuss the grievance or grievances appearing on the agenda within seven (7) days from the date the agenda is received by the Employeremployer. Such meeting may be attended by a representative of the Councilcouncil/International Unioninternational union.
(b) The Union union representative may meet at a place designated by the Employer employer on the Employeremployer's property for at least one-half (½) hour immediately preceding a meeting with the representatives of the Employer employer for which a written request has been made.
(c) The Chairman chairman of the bargaining unit or his his/her representative shall ask for and be allowed time off his his/her job without loss of time or pay, not to exceed four (4) hours per week, accumulative for the current month, month to investigate a grievance he he/she is to discuss with the Employeremployer. The immediate supervisor will grant him him/her permission within reason to leave his 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 Directordirector’s answer is not satisfactory in Step 3 and the Union union desires to carry the matter further, the Union union shall, within 15 calendar days following receipt of the Directordirector’s answer, advise the Employer 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 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 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 Agreementagreement. 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.a
(b) The arbitrator shall have no power to add to or subtract from or modify any of the terms of the Agreement agreement or any supplementary agreement nor to rule on any matter except while this Agreement agreement is in full force and effect between the parties.
(c) The expenses of the arbitrator shall be borne equally by the Union union and the Citycity.
(d) There shall be no appeal from any arbitrator's decision, as such decision shall be final and binding on the Union union and its members, the Employee employee or Employees employees involved, and the Employeremployer.
Appears in 1 contract
Samples: Collective Bargaining Agreement