Procedural Steps. Grievances shall be presented and adjusted in the following manner: A. Step I - An employee shall present the grievance informally via oral or electronic communication to his/her immediate supervisor. B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing to the immediate supervisor provided that such grievance is submitted within twenty (20) days following knowledge of the act or condition which is the basis of the complaint. The immediate supervisor shall have ten (10) days to give a written decision after receipt of the grievance. C. Step 3 - If the grievance is not settled in Step 2, the grievant may move it to Step 3 by written notice to the Superintendent of Schools or his/her designee within ten (10) days after receipt of the Step 2 decision. The Superintendent of Schools or his/her designee shall have ten (10) days to give a written decision after receipt of the grievance. D. Step 4 - If the grievance is not settled in Step 3, the grievant may move it to Step 4 by written notice to the Chairman of the Board of Education within ten (10) days after receipt of the Step 3 decision. The Board shall have twenty (20) days to give a written decision after receipt of the grievance. If the Board chooses not to consider the grievance, they will notify the grievant within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudice. E. Step 5 - Arbitration Procedure - Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and has not been settled or waived may be appealed to arbitration by the Association by serving written notice on the Board within five (5) days after the Board’s answer at level four of the said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settled.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedural Steps. Grievances shall be presented and adjusted in Step 1 The aggrieved Employee or the following manner:
A. Step I - An employee shall present the grievance informally via oral or electronic communication to Union will submit his/her immediate supervisor.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing on the approved grievance form or other written document to the immediate supervisor provided that such grievance is submitted within twenty (20) days following knowledge of the act or condition which is the basis of the complaintDivision Commander. The immediate supervisor shall have ten (10) days to give a written decision after receipt of the grievance.
C. Step 3 - If the grievance is not settled in Step 2, the grievant may move it to Step 3 by written notice to the Superintendent of Schools or his/her designee within ten (10) days after receipt of the Step 2 decision. The Superintendent of Schools Division Commander or his/her designee shall have ten (10) schedule a meeting to discuss the grievance within seven calendar days to give a written decision after of receipt of the grievancegrievance form and shall reply to the Employee and/or Union, in writing, within seven calendar days after the meeting.
D. Step 4 - If 2 In the grievance event that the Division Commander’s decision is not settled in Step 3satisfactory to the Employee or the Union, the grievant may move it to Step 4 by written notice to Employee or the Chairman of the Board of Education Union may, within ten (10) seven calendar days after from receipt of the decision at Step 3 decision. 1, present the grievance form to the Chief of Police The Board Chief of Police shall have twenty (20) schedule a meeting with the Employee and/or the Union within fourteen calendar days to give a written decision after receipt of the grievance. If The Chief of Police or his or her designee shall reply to the Board chooses Employee and/or Union within fourteen calendar days after the meeting.
Step 3 In the event that the decision of the Chief of Police is not satisfactory to consider the Employee or the Union, the Employee or the Union may, within seven calendar days from receipt of the decision at Step 2, present the grievance form to the City Clerk for date and time stamping and delivery to the City Manager who shall schedule a meeting with the Employee and/or the Union within fourteen calendar days after receipt of the grievance, they will notify . The City Manager shall reply to the grievant Employee and/or Union within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudicefourteen calendar days after the meeting.
E. Step 5 - Arbitration Procedure - (a) Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance above procedure as set forth above and has not been settled at Step 3 may, at the request of the Union or waived may the Employee, be appealed to arbitration by the Association by serving Employee Relations Board.
(b) The Union or the Employee shall serve written notice on the Board within five (5) days after the Board’s answer at level four of the said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate proceed to the Employee Relations Board to the City Clerk within fourteen calendar days of receipt of the City Manager’s decision at Step 3.
(c) The Employee Relations Board shall have the right to engage one or more professional neutral persons to serve as a hearing officer, fact finder and to make recommendations concerning the grievance.
(d) The Employee Relations Board shall have no authority to amend, alter or modify any provision of this time limitationAgreement or to limit, it diminish or in any manner interfere with the authority of the City and its administration as provided by State Law and/or City Charter.
(e) The written decision of the Employee Relations Board shall be deemed to have waived rendered within 30 days after the arbitration hearing and shall be final and binding upon the aggrieved Employee, the Union, and the City.
(f) The cost of presenting or defending the grievance to the Employee Relations Board shall be considered settledborne by the side incurring the expense.
(g) The Employee Relations Board shall meet to hear grievances which are at the Employee Relations Board step three times per year at dates specified on or before the beginning of the calendar year, excluding summer months of June, July, and August. Grievances which shall be heard on a specific date shall be those which have proceeded to Step 4 no later than 30 days before that scheduled Employee Relations Board hearing date.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedural Steps. Grievances 1. Level (Supervisor) ‐ The grievant shall be presented and adjusted file a grievance in writing, using the following manner:
A. Step I - An employee shall present the grievance informally via oral GMCS Grievance Form with his or electronic communication to his/her immediate supervisor.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing supervisor within five (5) working days of the circumstances which gave rise to the immediate supervisor provided that such grievance is submitted within twenty (20) days following knowledge of the act or condition which is the basis of the complaintgrievance. The immediate supervisor shall have ten (10) working days to give consider the grievance and render a written decision to the grievant. The ten (10) working days shall begin on the day after the immediate supervisor has received and acknowledged receipt of the grievance. Although no conference is required at this level, the immediate supervisor shall have the discretion to require a conference and gather such evidence prior to the preparation of the decision that would assist in any appropriate resolution of the grievance. The conference, if any, shall be as informal as possible and shall be conducted as the immediate supervisor feels is appropriate for a full understanding of the grievance, the position of the grievant and the evidence supporting that position.
C. Step 3 - 2. Level 2 (Assistant Superintendent of Personnel or designee) ‐ If the grievance grievant is not settled satisfied with the resolution of the grievance at Level 1, the grievant may file the grievance with the Assistant Superintendent of Personnel or designee within five (5) workdays after the resolution was rendered. The Assistant Superintendent of Personnel or designee may meet with the parties involved in Step the grievance. The Assistant Superintendent of Personnel or designee shall have the right to ask any questions of the interested parties as he or she deems necessary. Within ten (10) working days following receipt and acknowledgment of receipt of the grievance, the Assistant Superintendent of Personnel or designee shall render his or her written proposed resolution to the grievant. In arriving at his or her decision, the Assistant Superintendent of Personnel or designee has complete discretion in determining such relief, if any, as he or she believes is appropriate, regardless of the relief requested. Each party shall be entitled to bring documents and/or witnesses in circumstances that the Assistant Superintendent of Personnel or designee chooses to meet with both parties in order to present evidence on their behalf.
3. Level 3 (Superintendent) ‐ If the grievant is not satisfied with the resolution of the grievance at Level 2, the grievant may move it to Step 3 by written notice to file the grievance with the Superintendent of Schools or his/her designee within ten (10) days after receipt of the Step 2 decision. The Superintendent of Schools or his/her designee shall have ten (10) days to give a written decision after receipt of the grievance.
D. Step 4 - If the grievance is not settled in Step 3Schools, the grievant may move it to Step 4 by written notice to the Chairman of the Board of Education within ten (10) days after receipt of the Step 3 decision. The Board shall have twenty (20) days to give a written decision after receipt of the grievance. If the Board chooses not to consider the grievance, they will notify the grievant within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudice.
E. Step 5 - Arbitration Procedure - Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and has not been settled or waived may be appealed to arbitration by the Association by serving written notice on the Board within five (5) working days after the Board’s answer at level four resolution was rendered or was due, if none was received. The Superintendent may meet with the parties of interest to the grievance. The Superintendent shall have the right to ask any questions of the said grievance procedureinterested parties as he or she deems necessary. Within fifteen (15) working days following receipt and acknowledgment of receipt of the appeal from Level 2, or within 15 working days following the hearing if a hearing is held, whichever date is later in time, the Superintendent shall render his or her written proposed resolution to the grievant. In arriving at his or her decision, the Superintendent has complete discretion in determining such relief, if any, as he or she believes is appropriate, regardless of the relief requested. If the Association fails to serve such notice of its intention to arbitrate within this time limitationgrievance is initiated at Level 3 by the District, it shall be deemed to have waived filed within five (5) working days after the arbitration and District became aware of the grievance shall be considered settledcircumstances which precipitated the grievance.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedural Steps. Grievances 9.3.1 Step 1. If a grievance is not resolved under the informal procedure, the grievance shall be presented reduced to writing on the form attached as Exhibit “A”, Grievance Form, to the Agreement. The written grievance shall be filed by the teacher or teachers, or by a member of the NOEA on behalf of the teacher or teachers, with his principal or immediate supervisor no later than thirty (30) days in a class action suit and adjusted in no later than twenty-five (25) days on an individual action suit after the following manner:
A. Step I - An employee date on which the claimed violation, misinterpretation, or misapplication of a provision or provisions of this Agreement occurs. A class action suit shall present be defined as one wherein two or more grievants are a party to the same issue being grieved. If the written grievance is not so filed within the foregoing time limit, the grievance informally via oral or electronic communication to his/her immediate supervisor.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing to considered waived and further action barred. The written grievance filed with the principal or other immediate supervisor provided that such grievance is submitted within twenty must be signed by the grievant, must be dated, and must state: (20a) days following knowledge of the act or condition alleged facts on which is the basis of the complaint. The immediate supervisor shall have ten (10) days to give a written decision after receipt of the grievance.
C. Step 3 - If the grievance is not settled in Step 2, based; (b) the grievant may move it to Step 3 by written notice to the Superintendent of Schools date or his/her designee within ten (10) days after receipt of the Step 2 decision. The Superintendent of Schools or his/her designee shall have ten (10) days to give a written decision after receipt of the grievance.
D. Step 4 - If the grievance is not settled in Step 3, the grievant may move it to Step 4 by written notice to the Chairman of the Board of Education within ten (10) days after receipt of the Step 3 decision. The Board shall have twenty (20) days to give a written decision after receipt of the grievance. If the Board chooses not to consider the grievance, they will notify the grievant within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudice.
E. Step 5 - Arbitration Procedure - Any grievance concerning dates on which the alleged violation, misinterpretation or misapplication of any a provision or provisions of this Agreement that has which have allegedly been properly processed through level four violated, misinterpreted or misapplied occurred; and (c) the remedy sought.
9.3.2 Step 2. If the grievant is not satisfied with the disposition of the grievance procedure as set forth above and in Step 1, or if no disposition has not been settled or waived may be appealed to arbitration by the Association by serving written notice on the Board made within five (5) days after the Board’s answer at level four of the said Step 1 meeting, the grievant or a member of the NOEA on behalf of the grievant, shall notify the Superintendent or designee in writing that the grievance procedureis being appealed to Step 2. Such written notice must be filed with the Superintendent or designee within five (5) days from the date the written disposition was given or should have been given in Step 1. If the Association fails to serve such written notice of its intention to arbitrate appeal is not given within this the foregoing time limitationlimit, it shall be deemed to have waived the arbitration and the grievance shall be considered settledwaived and further action barred.
9.3.3 Step 3. If the grievant is not satisfied with the disposition of the grievance in Step 2, or if no disposition has been made within five (5) days of the Step 2 meeting, the grievant, or a representative of the NOEA on behalf of the grievant and with the concurrence of the NOEA may refer the grievance to a disinterested third person by filing written notice of such referral with the Superintendent not later than ten (10) days from the date the written disposition was given or should have been given in Step 2. Within five (5) days after such written referral has been filed with the Superintendent, the grievant shall file for arbitration with the American Arbitration Association (AAA) for the purpose of securing a neutral arbitrator. The selection of an arbitrator shall occur pursuant to AAA’s rules for employment disputes. However, notwithstanding the standard AAA rules, after presentation of the initial list of arbitrators, each party shall have the opportunity to request an additional list of names if no arbitrator from the initial list (or the second list as requested by the other party) is deemed suitable. The decision of the Arbitrator shall be final and binding on the Board of Education, NOEA and the grievant.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedural Steps. Grievances All grievances arising out of an alleged violation, misinterpretation or misapplication of the terms of this agreement shall be presented and adjusted in the following manner:
A. (a) Step I - An employee 1 (Informal Stage): A Grievant having a grievance shall present informally discuss the grievance informally via oral or electronic communication to issue with his/her immediate supervisordepartment head either directly or through a Union representative in order to provide the Department Head with the opportunity to discuss and resolve the issue.
B. (b) Step 2 - Any (Formal Stage): If the grievance is not resolved informally in through the efforts at Step 1 above, it shall be submitted presented to the Director of Human Resources in writing to the immediate supervisor provided that such grievance is submitted either directly or through a Union representative within twenty (20) working days following of the occurrence or knowledge of the act or condition which is the basis of the complaintoccurrence. The immediate supervisor shall have ten (10) days Director of Human Resources will make a reasonable effort to give arrange a written decision after receipt of the grievance.
C. Step 3 - If the grievance is not settled in Step 2, the grievant may move it to Step 3 by written notice to the Superintendent of Schools or his/her designee meeting within ten (10) working days with the grievant and a union representative for purposes of discussing the grievance. The Director shall render a decision thereon, in writing, and present it to the Union, with a copy to the Grievant within ten (10) working days after such meeting.
(c) Step 3: The Grievant may appeal the decision rendered at Step 2 above within ten (10) working days after receipt of the Step 2 decision. The Superintendent of Schools or his/her designee shall have ten (10) days to give decision by submitting a written decision after receipt appeal to the president of the College. Such written appeal shall set forth specifically the nature of the grievance.
D. Step 4 - If the grievance is not settled in Step 3, the grievant may move it to Step 4 by written notice facts relating thereto, and the Grievant's reasons for rejection of the decision rendered at the second stage. The president shall then render a decision, in writing, to the Chairman of the Board of Education Union, within ten (10) working days after of receipt of the appeal to Step 3.
(d) Step 4: In the event there has been no resolution of the grievance regarding the terms of this agreement, the unresolved issues may be submitted by the Union to binding arbitration no later than fifteen (15) working days from the written decision at Step 3 decisionabove, by filing a demand for binding arbitration with the Public Employment Relations Board. The Board Thereinafter, arbitrator selection and arbitration procedures on this Article shall be conducted pursuant to the rules and regulations of the Public Employment Relations Board. Nothing in this section shall prevent or affect the ability the College may otherwise have twenty (20) days to give a written decision after receipt challenge the arbitrability of the grievance. If the Board chooses not to consider the grievance, they will notify the grievant within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudice.
E. Step 5 - Arbitration Procedure - Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and has not been settled or waived may be appealed to arbitration by the Association by serving written notice on the Board within five (5) days after the Board’s answer at level four of the said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settled.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedural Steps. Grievances shall be presented Informal The teacher and adjusted in the following manner:
A. Step I - An employee shall present the grievance informally via oral or electronic communication to his/her immediate supervisorbuilding principal are encouraged to resolve problems through free and informal communications. Should such communications fail to resolve the problem, then the individual shall indicate that the meeting should be considered the informal meeting of the grievance procedure and file a written grievance utilizing the following procedure.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing to the immediate supervisor provided that such grievance is submitted within twenty 1. Within fifteen (2015) days following knowledge of an incident giving rise to the act grievance, the grievant may file a formal grievance on a form to be supplied by the Association representative. This form will be filed with the appropriate supervisor by certified or condition which is the basis of the complainthand delivered mail, return receipt requested. The immediate supervisor shall have Within ten (10) days after the receipt of the notification to give the appropriate supervisor, a meeting shall take place between the appropriate supervisor, the grievant and a representative of the Association. The appropriate supervisor shall have the option of being accompanied by another administrator, not the Superintendent, during this meeting. The answer to the grievance shall be given in writing to the grievant and the Association representative within ten (10) days of this meeting.
Step 2. If the grievant is not satisfied with the disposition in Step 1, the grievant may within five (5) days submit a written decision appeal to the Superintendent. Within five (5) days after receipt of the grievanceappeal to the Superintendent, a meeting shall be scheduled. The grievant shall have the right to request a meeting before the Superintendent and to be accompanied by a representative of the Association at the meeting. Within five (5) days of the meeting, the Superintendent shall indicate his disposition of the grievance in writing to all parties involved.
C. Step 3 - 3. If the grievance is not settled in denied at Step 2, the grievant may move ask the Association to submit it to Step 3 by written notice to the Superintendent of Schools or his/her designee within ten (10) days after receipt of the Step 2 decision. The Superintendent of Schools or his/her designee shall have ten (10) days to give a written decision after receipt of the grievance.
D. Step 4 - If the grievance is not settled in Step 3, the grievant may move it to Step 4 by written notice to the Chairman of the Board of Education within ten (10) days after receipt of the Step 3 decision. The Board shall have twenty (20) days to give a written decision after receipt of the grievance. If the Board chooses not to consider the grievance, they will notify the grievant within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudice.
E. Step 5 - Arbitration Procedure - Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and has not been settled or waived may be appealed to arbitration by the Association by serving written notice on the Board within five (5) days after the Board’s answer at level four of the said grievance procedureBinding Arbitration. If the Association fails agrees to serve such notice submit it to Binding Arbitration they shall notify the Board of its intention their intent to arbitrate within this time limitation, it proceed to Binding Arbitration. The Arbitrator shall be deemed selected from a list supplied by the American Arbitration Association. All procedures relative to have waived Binding Arbitration shall be according to the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall expressly confine himself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s) not so submitted or to submit observations or declarations of opinion which are not directly essential. The decision of the grievance Arbitrator shall be considered settledfinal and binding on the Board, the grievant, and the Association. The fees and expenses of the Arbitrator, as well as associated hearing costs, shall be shared equally by the Board and the Association.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedural Steps. Grievances shall be presented and adjusted in the following manner:
A. Step I - An employee – A grievant shall present the grievance informally via oral or electronic communication to his/her immediate supervisor.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing to the immediate supervisor provided that such grievance is submitted within twenty (20) days following knowledge of the act or condition which is the basis of the complaint. The immediate supervisor shall have ten (10) days to give a written decision after receipt of the grievance.the
C. Step 3 - If the grievance is not settled in Step 2, the grievant may move it to Step 3 by written notice to the Superintendent of Schools or his/her designee within ten (10) days after receipt of the Step 2 decision. The Superintendent of Schools or his/her designee shall have ten (10) days to give a written decision after receipt of the grievance.
D. Step 4 - If the grievance is not settled in Step 3, the grievant may move it to Step 4 by written notice to the Chairman of the Board of Education within ten (10) days after receipt of the Step 3 decision. The Board shall have twenty (20) days to give a written decision after receipt of the grievance. If the Board chooses not to consider the grievance, they will notify the grievant within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudice.
E. Step 5 - Arbitration Procedure - Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and has not been settled or waived may be appealed to arbitration by the Association by serving written notice on the Board within five (5) days after the Board’s answer at level four of the said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settled.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedural Steps. Grievances All grievances shall be presented processed on the grievance forms provided by the Employer. Should the Employer not comply with the time limits specified in this Article, the grievant may immediately refer the grievance to the next higher step. Failure of the grievant to comply with the time limits will result in the waiver of the grievance. The parties shall first attempt to resolve their disputes informally. If this method is unsuccessful, the following steps shall be followed in processing grievances:
Step 1 - A grievance shall be initiated as follows: by the grievant submitting the grievance on the grievance form to the grievant’s first level of supervision outside the bargaining unit within 14 days of the act which gives rise to the grievance. The supervisor shall discuss the grievance with the grievant and adjusted provide a written response within 7 days.
Step 2 - If resolution is not reached at Step 1, the union may submit the grievance to the department director within 14 days of the supervisor’s response or the date the response was due, whichever is earlier. Within 7 days the director shall meet with the grievant and his/her union representative to discuss the grievance and shall provide a written response within 14 days of the meeting.
Step 3 - If resolution is not reached at Step 2, the union may submit the grievance to the City Manager within 14 days of the director’s response or the date the response was due, whichever is earlier. Within 14 days the City Manager shall provide a written response.
Step 4 - If resolution is not reached at Step 3, the union may submit the grievance to arbitration in the following manner:
A. Step I - An employee shall present the grievance informally via oral or electronic communication to his/her immediate supervisor.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing to the immediate supervisor provided that such grievance is submitted within twenty (20) : Within 21 days following knowledge of the act or condition which is the basis of the complaint. The immediate supervisor shall have ten (10) days to give a written decision after receipt of the grievance.
C. City Manager’s response at Step 3 - If or the grievance date the response was due, whichever is not settled in Step 2earlier, the grievant may move it to Step 3 by written notice Union shall deliver to the Superintendent of Schools or his/her designee within ten (10) days after receipt of the Step 2 decision. The Superintendent of Schools or his/her designee shall have ten (10) days to give City Manager a written decision after receipt of the grievance.
D. Step 4 - If the grievance is not settled in Step 3demand for arbitration. Within 7 days, the grievant may move it Union and the Human Resources & Risk Management Director shall meet in an effort to Step 4 by written notice to the Chairman of the Board of Education within ten (10) days after receipt of the Step 3 decision. The Board shall have twenty (20) days to give a written decision after receipt of the grievanceselect an arbitrator. If the Board chooses not to consider the grievance, they will notify the grievant within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudice.
E. Step 5 - Arbitration Procedure - Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and an arbitrator has not been settled agreed upon within 7 days thereafter, the parties shall jointly contact the U.S. Federal Mediation and Conciliation Service (USFMCS) or waived may be appealed the American Arbitration Association (AAA) to request the names of eleven qualified arbitrators. The parties shall then proceed alternately to strike names from the list until one name remains and that person shall become the arbitrator. The arbitration shall commence at a location within the City and Borough of Juneau at a time selected by the Association arbitrator and agreed upon by serving written notice on the Board within five (5) days after the Board’s answer at level four of the said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settledparties.
Appears in 2 contracts
Samples: Labor Agreement, Labor Agreement
Procedural Steps. Grievances shall be presented The parties acknowledge that it is usually most desirable for an employee and adjusted his/her immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, the Association representative will intervene to assist in the following mannerresolution. However, should such informal processes fail to satisfy the employee or the Association, then a grievance may be processed as follows:
A. Step I - An 1: The employee shall or the Association may present the grievance informally via oral or electronic communication in writing, setting forth the facts describing the problem(s) (who, what, where, when, and how) being grieved and cite the alleged contract violation(s), and stating the redress sought, to his/her respective school principal, or immediate administrative supervisor., who will, within five (5) workdays after receipt of the grievance, arrange and confirm a mutually agreeable date for a meeting with the parties. The Association’s representative, the aggrieved teacher, and the Administrator shall be present for the meeting. The Administrator must provide the aggrieved teacher and the Association with a written answer on the grievance within ten (10) workdays after the meeting. Such answer shall include the reasons upon which the decision was based. Unless the Association and Superintendent agree to bypass Step 1 and go to Step 2:
B. Step 2 - Any 2: If the grievance is not resolved informally at Step 1, then the Association and/or the grievant(s) shall refer the grievance, in writing, stating the specific problems and redress sought, to the Superintendent within ten (10) workdays after the Step 1 shall be submitted in writing to the immediate supervisor provided that such grievance answer is submitted within twenty received. Within ten (2010) days following knowledge workdays of the act or condition which is the basis receipt of the complaintappeal, the Superintendent shall arrange for a meeting with the representative(s) of the Association and the grievant(s) to hear the substance of the grievance. The immediate supervisor shall Upon conclusion of the hearing, the Superintendent will have ten (10) days in which to give provide a written decision after receipt of to the grievanceAssociation and the grievant(s). Such answer shall include the reason(s) upon which the decision was based.
C. Step 3 - 3: If the grievance is not settled in resolved at Step 2, then the grievant may move it to Step 3 by written notice Association and/or the grievant(s) shall refer the grievance, in writing, stating the specific problems and redress sought, to the Superintendent of Schools or his/her designee within ten (10) days after receipt of the Step 2 decision. The Superintendent of Schools or his/her designee shall have ten (10) days to give a written decision after receipt of the grievance.
D. Step 4 - If the grievance is not settled in Step 3, the grievant may move it to Step 4 by written notice to the Chairman Chairperson of the Board of Education (c/o the Superintendent) within ten (10) days after receipt of the Step 3 decision. The Board shall have twenty (20) days to give a written decision after receipt of the grievance. If the Board chooses not to consider the grievance, they will notify the grievant within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudice.
E. Step 5 - Arbitration Procedure - Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and has not been settled or waived may be appealed to arbitration by the Association by serving written notice on the Board within five (5) days after the Board’s answer at level four of the said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settled.ten
Appears in 2 contracts
Samples: Professional Staff Master Agreement, Professional Staff Master Agreement
Procedural Steps. Grievances Step 1 The aggrieved employee, with or without his/her Union representative, shall be presented and adjusted in meet with the following manner:
A. Step I - An employee shall lowest level County supervisor capable of resolving the grievance to present the grievance informally via oral orally. If that supervisor lacks the authority to resolve the grievance, he/she shall refer the Union or electronic communication to his/her immediate supervisor.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing the employee to the immediate appropriate member of management, who may include the original supervisor provided that such in the adjustment process. The lowest level supervisor capable of resolving the grievance is submitted shall attempt to satisfactorily adjust the matter and reply to the unit member or the Union orally within twenty (20) five working days following knowledge of the act or condition which is the basis of the complaint. The immediate supervisor shall have ten (10) days to give a written decision after receipt presentation of the grievance.
C. Step 2 In the event that the supervisor's decision at Step 1 is not satisfactory to the employee or the Union, the employee or the Union may, within 10 working days of receipt of that supervisor's answer at Step 1, present the grievance, in writing, to the Bureau Chief on a form to be supplied by the County. The Bureau Chief shall, within five working days of receipt of the grievance, schedule a meeting to discuss the grievance with the employee and/or the Union and reply to the employee and/or the Union, in writing, within ten working days of the meeting.
Step 3 - If In the grievance event that the Bureau Chief's decision is not settled in satisfactory to the employee or the Union, the employee or the Union may, within five working days from receipt of the Bureau Chief's answer at Step 2, the grievant may move it to Step 3 by written notice to the Superintendent of Schools or his/her designee within ten (10) days after receipt of present the Step 2 decisiongrievance form to the Department Head. All grievances concerning suspension or discharge shall begin at this step. The Superintendent of Schools Department Head or his/her designee shall have ten (10) arrange to meet with the employee and/or the Union within five working days to give a written decision after receipt of the grievance, and shall reply to the grievance, in writing, to the employee and/or the Union within five working days of the meeting.
D. Step 4 - If In the grievance event that the Department Head's decision is not settled in satisfactory to the employee or to the Union, the employee or the Union may, within five working days from receipt of the Department Head's decision at Step 3, present the grievant may move it to Step 4 by written notice grievance form to the Chairman of the Board of Education within ten (10) days after receipt of the Step 3 decisionPersonnel Officer. The Board Personnel Officer or his/her designee shall have twenty (20) arrange to meet with the employee and/or Union within 10 working days to give a written decision after receipt of the grievance. If the Board chooses not The Personnel Officer shall reply to consider the grievance, they will notify in writing, to the grievant employee and/or the Union within ten (10) days, and said grievance may be moved to 10 working days of the meeting.
Step 5 without comment or prejudice.
E. Step 5 - Arbitration Procedure - Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance above procedure as set forth above and has not been settled or waived may at Step 4, may, at the request of the Union, be appealed to arbitration by the Association by serving written notice on the Board within five (5) days after the Board’s answer at level four of the said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settledbinding arbitration.
Appears in 2 contracts
Procedural Steps. Grievances shall be presented and adjusted in the following manner:
A. Step I - ‑ An employee shall present the grievance informally via oral or electronic communication to his/her immediate supervisor.
B. Step 2 - ‑ Any grievance not resolved informally in Step 1 shall be submitted in writing to the immediate supervisor provided that such grievance is submitted within twenty (20) days following knowledge of the act or condition which is the basis of the complaint. The immediate supervisor shall have ten (10) days to give a written decision after receipt of the grievance.
C. Step 3 - ‑ If the grievance is not settled in Step 2, the grievant may move it to Step 3 by written notice to the Superintendent of Schools or his/her designee within ten (10) days after receipt of the Step 2 decision. The Superintendent of Schools or his/her designee shall have ten (10) days to give a written decision after receipt of the grievance.
D. Step 4 - ‑ If the grievance is not settled in Step 3, the grievant may move it to Step 4 by written notice to the Chairman President of the Board of Education within ten (10) days after receipt of the Step 3 decision. The Board shall have twenty (20) days to give a written decision after receipt of the grievance. If the Board chooses not to consider consider the grievance, they will notify the grievant within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudice.
E. Step 5 - ‑ Arbitration Procedure - ‑ Any grievance concerning the alleged alleged violation, misinterpretation misinterpretation or misapplication misapplication of any provision provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and has not been settled or waived may be appealed to arbitration by the Association Association by serving written notice on the Board within five (5) days after the Board’s answer at level four of the said grievance procedureprocedure. If the Association fails to serve such notice of its intention intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settled.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedural Steps. Grievances shall normally follow the steps below. However, by mutual agreement, in writing, the parties may bypass any of the following steps.
Step 1: The grievance shall be presented and adjusted in the following manner:
A. Step I - An employee shall present the grievance informally via oral orally or electronic communication to his/her immediate supervisor.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing to the employee’s immediate supervisor provided that such grievance is submitted within twenty five (205) calendar days following knowledge of the act date the grieving party knew or condition which is the basis should have known of the complaintevent giving rise to the grievance. The grievant shall be responsible for identifying the issue as a grievance. The immediate supervisor shall have ten inform the grievant(s) of his decision in writing within five (105) calendar days to give a written decision after receipt of the grievancedate the grievance was presented.
C. Step 3 - 2: If the grievance is not settled resolved in Step 1, the grievance shall be reduced to writing and submitted to the Fire Chief within ten (10) calendar days of the immediate supervisor’s response The Fire Chief shall respond in writing with his decision within ten (10) calendar days of said written grievance.
Step 3: If the grievance is not resolved in Step 2, the grievant may move it to Step 3 by written notice grievance shall be submitted to the Superintendent of Schools or his/her designee City Administrator within ten (10) calendar days after of receipt of the Step 2 decisionFire Chief's response. The Superintendent of Schools or his/her designee City Administrator shall have respond in writing with his decision within ten (10) calendar days to give a written decision after of receipt of the said written grievance.
D. Step 4 - 4: If the grievance is not settled resolved in Step 3, the grievant may move it to Step 4 by written notice grievance shall be submitted to the Chairman Common Council in care of the Board of Education Mayor within ten (10) calendar days after receipt of the Step 3 decisionresponse of the City Administrator. The Board shall have twenty A meeting between the grievant and the City Common Council will be held at the next regularly scheduled Common Council meeting so proper notice can be given Note: Agenda items for Common Council meetings are assembled at least twelve (2012) calendar days prior to give a meeting. A written decision after receipt of on the grievance. If grievance shall be issued to the Board chooses not to consider the grievance, they will notify the grievant grievant(s) within ten (10) days, and calendar days of said grievance may be moved to Step 5 without comment or prejudicemeeting.
E. Step 5 - Arbitration Procedure - Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of 5: If the grievance procedure as set forth above and has is not been settled or waived may be appealed to arbitration by resolved in Step 4, the Association by serving written notice on the Board may request, within five (5) days after the Board’s answer at level four of the said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settled.ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedural Steps. Grievances All grievances shall be presented processed on the grievance forms provided by the Employer. Should the Employer not comply with the time limits specified in this Article, the grievant may immediately refer the grievance to the next higher step. Failure of the grievant to comply with the time limits will result in the waiver of the grievance. The parties shall first attempt to resolve their disputes informally. If this method is unsuccessful, the following steps shall be followed in processing grievances:
Step 1 - A grievance shall be initiated as follows: by the grievant submitting the grievance on the grievance form to the grievant’s first level of supervision outside the bargaining unit within 14 days of the act which gives rise to the grievance. The supervisor shall discuss the grievance with the grievant and adjusted provide a written response within 7 days.
Step 2 - If resolution is not reached at Step 1, the union may submit the grievance to the department director within 14 days of the supervisor’s response or the date the response was due, whichever is earlier. Within 7 days the director shall meet with the grievant and his/her union representative to discuss the grievance and shall provide a written response within 14 days of the meeting.
Step 3 - If resolution is not reached at Step 2, the union may submit the grievance to the City Manager within 14 days of the director’s response or the date the response was due, whichever is earlier. Within 14 days the City Manager shall provide a written response.
Step 4 - If resolution is not reached at Step 3, the union may submit the grievance to arbitration in the following manner:
A. Step I - An employee shall present the grievance informally via oral or electronic communication to his/her immediate supervisor.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing to the immediate supervisor provided that such grievance is submitted within twenty (20) : Within 21 days following knowledge of the act or condition which is the basis of the complaint. The immediate supervisor shall have ten (10) days to give a written decision after receipt of the grievance.
C. City Manager’s response at Step 3 - If or the grievance date the response was due, whichever is not settled in Step 2earlier, the grievant may move it to Step 3 by written notice Union shall deliver to the Superintendent of Schools or his/her designee within ten (10) days after receipt of the Step 2 decision. The Superintendent of Schools or his/her designee shall have ten (10) days to give City Manager a written decision after receipt of the grievance.
D. Step 4 - If the grievance is not settled in Step 3demand for arbitration. Within 7 days, the grievant may move it Union and the Human Resources & Risk Management Director shall meet in an effort to Step 4 by written notice to the Chairman of the Board of Education within ten (10) days after receipt of the Step 3 decision. The Board shall have twenty (20) days to give a written decision after receipt of the grievanceselect an arbitrator. If the Board chooses not to consider the grievance, they will notify the grievant within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudice.
E. Step 5 - Arbitration Procedure - Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and an arbitrator has not been settled agreed upon within 7 days thereafter, the parties shall jointly contact the U.S. Federal Mediation and Conciliation Service (USFMCS) or waived may be appealed the American Arbitration Association (AAA) to arbitration by request the Association by serving written notice on the Board within five (5) days after the Board’s answer at level four names of the said grievance procedureeleven qualified arbitrators. If the Association fails to serve such notice of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settled.The parties shall
Appears in 1 contract
Samples: Labor Agreement
Procedural Steps. Grievances In the interest of encouraging open communications and resolving issues, all employees and/or Union Stewards should first attempt to resolve grievances informally through discussion with the immediate supervisor. Any timely grievance which an employee and/or his Union Xxxxxxx have not been able to adjust informally with the immediate supervisor may be made the subject of a grievance, and shall be presented and adjusted processed in the following mannersteps:
A. Step I - An 1. The aggrieved employee and the appropriate Union Xxxxxxx shall present the grievance informally via oral in writing using the standard grievance form to the employee’s immediate supervisor within fifteen (15) calendar days after the reason for the grievance has occurred or electronic communication within fifteen (15) calendar days after the date on which the aggrieved employee could reasonably have known of the event which caused the grievance, whichever is later. The employee and Union Xxxxxxx shall meet on such grievance with the immediate supervisor and the next level supervisor as designated by the City, within seven (7) calendar days after presentation thereof. A written answer to his/her immediate supervisorsaid grievance shall be furnished by the City to the employee or employees involved and their Union Xxxxxxx within seven (7) calendar days after said meeting. If they serve written notice and that said written answer is not satisfactory to them, or if said written answer is not furnished within seven (7) calendar days, the grievance shall proceed to Step 2.
B. Step 2 - Any grievance not resolved informally 2. No later than seven (7) calendar days after the written answer is furnished in Step 1 1, the grievance shall be submitted presented by the appropriate Union Xxxxxxx, the Union’s President and/or the Union Representative, in writing to the immediate supervisor provided that such grievance is submitted within twenty (20) days following knowledge of the act City Manager or condition which is the basis of the complainthis designee. The immediate supervisor shall have ten (10) days City Manager may appoint a designee to give a written decision after receipt of hear the grievance.
C. Step 3 - If , however, the designee may not be any City employee that is in the supervisory chain-of-command for any employee covered under this Agreement. The Union Representative, the appropriate Union Xxxxxxx, and the employee or employees involved shall meet with the City Manager and the Union Representative or their designees, within seven (7) calendar days from the date upon which the grievance is presented to the City Manager or his designee. A decision must be made by the City and communicated to the Union Representative and the Union President, in writing, within seven (7) calendar days after the meeting. If the meeting cannot settled in Step 2be arranged within said seven (7) calendar day period, the grievant may move it to Step 3 by written notice City Manager or his designee shall, nevertheless, communicate the decision upon said grievance to the Superintendent of Schools or his/her designee Union Representative and the Union’s President within ten (10) calendar days after receipt of the Step 2 decision. The Superintendent of Schools or his/her designee shall have ten (10) days to give a written decision after receipt of the grievance.
D. Step 4 - If the grievance is not settled in Step 3, the grievant may move it to Step 4 by written notice first presented to the Chairman of the Board of Education within ten (10) days after receipt of the City Manager or his designee at this Step 3 decision. The Board shall have twenty (20) days to give a written decision after receipt of the grievance. If the Board chooses not to consider the grievance, they will notify the grievant within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudice2.
E. Step 5 - Arbitration Procedure - Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and has not been settled or waived may be appealed to arbitration by the Association by serving written notice on the Board within five (5) days after the Board’s answer at level four of the said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settled.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedural Steps. Grievances shall be presented and adjusted in Step 1 The aggrieved employee or the following manner:
A. Step I - An employee shall present Union will submit his/her grievance on the approved grievance informally via oral or electronic communication form to his/her immediate supervisor.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing to the immediate supervisor provided that such grievance is submitted within twenty (20) days following knowledge of the act or condition which is the basis of the complaintDeputy Chief. The immediate supervisor shall have ten (10) days to give a written decision after receipt of the grievance.
C. Step 3 - If the grievance is not settled in Step 2, the grievant may move it to Step 3 by written notice to the Superintendent of Schools or his/her designee within ten (10) days after receipt of the Step 2 decision. The Superintendent of Schools Deputy Chief or his/her designee shall have ten (10) schedule a meeting to discuss the grievance within seven calendar days of receipt of the grievance form and shall reply to give the employee and/or Union, in writing, within seven calendar days after the meeting.
Step 2 In the event the Deputy Chief or his/her designee's decision is not satisfactory to the employee or the Union, the employee or the Union may, within seven calendar days from receipt of the Deputy Chief or his/her designee's answer at Step 1, present the grievance in writing to the Chief of Police. All grievances concerning suspension or discharge shall begin at this step. The Chief or designee shall schedule a written decision meeting with the employee and/or the Union within seven calendar days after receipt of the grievance, and shall reply to the employee and/or Union within seven calendar days after the meeting.
D. Step 4 - If 3 In the grievance event that the Chief or designee's decision is not settled in Step 3satisfactory to the employee or the Union, the grievant may move it to Step 4 by written notice to employee or the Chairman of the Board of Education Union may, within ten (10) seven calendar days after from receipt of the Chief's or designee's decision at Step 3 decision2, present the grievance form to the Personnel Officer. The Board Personnel Officer or his/her designee shall have twenty (20) schedule a meeting with the employee and/or the Union within fourteen calendar days to give a written decision after receipt of the grievance. If The Personnel Officer or designee shall reply to the Board chooses not to consider employee and/or Union within fourteen calendar days after the grievance, they will notify the grievant within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudicemeeting.
E. Step 5 - Arbitration Procedure - (a) Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance above procedure as set forth above and has not been settled or waived may at Step 3 may, at the request of the Union, be appealed to arbitration by the Association by serving binding arbitration.
(b) The Union shall serve written notice on the Board within five (5) days after the Board’s answer at level four of the said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate proceed to binding arbitration upon the Personnel Officer within this time limitationfourteen calendar days of receipt of the Personnel Officer's decision at Step 3.
(c) The County will arrange for the American Arbitration Association to provide a list of arbitrators within fifteen days of the Union's notice of intent.
(d) The County and the Union may use the services of either the Federal Mediation and Conciliation Service or the American Arbitration Association. In any event, it the arbitration shall be deemed conducted in accordance with the rules of the American Arbitration Association.
(e) The Arbitrator shall have no authority to have waived amend, alter or modify any provision of this Agreement or to limit, diminish or in any manner interfere with the arbitration authority of the County and its administration as provided by State Law and/or County Charter.
(f) The written decision of the Arbitrator shall be rendered within 30 days after the hearing and shall be final and binding upon the aggrieved employee, the Union, and the grievance County.
(g) The cost of arbitration shall be considered settledshared equally by the County and the Union, except the costs incurred in presenting or defending the grievance to the Arbitrator shall be borne by the side incurring the expense.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedural Steps. Grievances shall be presented and adjusted in the following manner:
A. Step I - An employee 1: The nurse shall present the grievance informally via oral or electronic communication to his/her immediate supervisor.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing to the immediate supervisor provided that such nurse manager or appropriate representative of Hospital as soon as possible but no later than 14 days from the date of occurrence, or the date when the nurse should reasonably have known of the occurrence, of the alleged violation upon which the grievance is submitted within twenty (20) days following knowledge based. The grievance shall set forth the facts of the act or condition which is dispute, including the basis date of the complaintalleged violation, the names of the employee(s) affected, the specific provisions of this Agreement in dispute, and the relief requested. Any nurse who is an officer of the bargaining unit may present a group grievance where the occurrence actually involved at least four nurses. The immediate supervisor nurse manager or appropriate representative of Hospital shall have ten (10) respond in writing within 14 days to give a written decision after of receipt of the grievance.
C. Step 3 - 2: If the nurse is dissatisfied with the decision under Step 1, the nurse or the Association representative (on behalf of the nurse) may present the grievance in writing to the Assistant Administrator within ten (10) days of receiving a response required by Step 1. The Assistant Administrator or other appropriate management representative shall meet with the grievant and a representative of the Association within seven (7) days and shall render a written response within seven (7) days of such meeting, if any, or within 14 days after receipt of the grievance, whichever is later.
Step 3: If the grievance is not settled in resolved under Step 2, the grievant nurse or the Association representative (on behalf of the nurse) may move it to Step 3 by written notice present the grievance to the Superintendent of Schools or his/her designee Hospital Administrator within ten (10) days after receipt of the Step 2 decisionAssistant Administrator’s response. The Superintendent of Schools Administrator or his/her designee shall have ten meet with the grievant and a representative of the Association within seven (107) days to give and shall render a written decision response within seven (7) days of such meeting, if any, or within 14 days after receipt of the grievancewritten appeal, whichever is later.
D. Step 4 - 4: If the grievance Association Representative is not settled in satisfied with the resolution at Step 3, it may submit the grievant may move grievance to an arbitrator for determination. If it decides to Step 4 by written notice to do so, the Chairman Association must notify the Administrator, in writing, of the Board of Education within such submission not later than ten (10) days after receipt of the decision at Step 3 decision. The Board shall have 3, or if no response is received, within twenty (20) days to give a written decision after receipt proper presentation of the grievance. .
a. If the Board chooses not parties are unable to consider mutually agree on an arbitrator at Step 4, the grievance, they will notify the grievant within ten (10) days, and said grievance may arbitrator shall be moved to Step 5 without comment or prejudice.
E. Step 5 - Arbitration Procedure - Any grievance concerning the alleged violation, misinterpretation or misapplication chosen from a list of any provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and has not been settled or waived may be appealed to arbitration by the Association by serving written notice on the Board within five (5) names from the Federal Mediation and Conciliation Service. The parties shall alternately strike one name from the list, with the first strike being determined by a flip of a coin, and the last name remaining shall be the arbitrator for the grievance.
b. The arbitrator’s decision shall be rendered within thirty days after the Board’s answer at level four grievance has been submitted to the arbitrator, unless the parties by mutual agreement extend such time limit.
c. The decision of the said grievance procedure. If arbitrator shall be final and binding on the grievant and the parties, except that the arbitrator shall have no power to add to, subtract from or change any provisions of this Agreement or to impose any obligation on the Association fails or Hospital not expressly agreed to serve such notice in this Agreement.
d. The fees and expenses of the arbitrator shall be shared equally by the Association and the Hospital, except that each party shall bear the expenses of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration own representation and the grievance shall be considered settledwitnesses.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedural Steps. Grievances Recognizing that grievances should be raised and settled promptly, all grievances, except grievances involving the suspension or dismissal of an employee, must be presented in accordance with the following procedures. A grievance involving the suspension of an employee shall be presented and adjusted in accordance with the following manner:
A. procedures, except that such a grievance shall be commenced at Step I - An 3 by the filing of a written grievance with the Sheriff within ten (10) workdays after the employee has been notified of the suspension. A grievance involving the dismissal of an employee shall be presented in accordance with the following procedures, except that such a grievance shall be commenced at Step 4 by the filing of a written grievance with the Director of Human Resources within ten (10) workdays after the employee has been notified of the dismissal.
Step 1. Within ten (10) workdays following the event giving rise to the grievance or within ten (10) workdays following the time when the employee reasonably should have gained knowledge of its occurrence, the aggrieved employee may orally present the grievance informally via oral or electronic communication to his/her the employee's immediate supervisor.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing to the immediate supervisor provided that such grievance is submitted within twenty (20) days following knowledge of the act or condition which is the basis of the complaint. The immediate supervisor shall have ten (10) days attempt to give a written decision after receipt of settle the grievance, and shall respond orally within five (5) workdays of presentation by the aggrieved employee.
C. Step 3 - 2. If the grievance is not settled in at Step 21, the grievant aggrieved employee may move it to Step 3 file a written grievance with the Chief Deputy Sheriff or equivalent supervisor, as designated by written notice to the Superintendent Sheriff, within five (5) workdays of Schools the oral response. A meeting shall be held between the aggrieved employee, the employee's FOP representative and the appropriate supervisor or his/her designee the supervisor's designee, and such other County representatives as may be designated, within ten (10) days workdays after receipt of the Step 2 decisionwritten grievance. The Superintendent of Schools supervisor or his/her the supervisor's designee shall have submit a written answer to the grievance to the aggrieved employee within ten (10) days workdays of such meeting, and shall simultaneously forward a copy of such answer to give a written decision after receipt of the grievanceFOP representative.
D. Step 4 - 3. If the grievance is not settled in at Step 32, the grievant aggrieved employee may move it to Step 4 by file a written notice to the Chairman appeal of the Board of Education Step 2 answer with the Sheriff within ten (10) days workdays after the employee's receipt of such answer. A meeting shall be held between the Step 3 decision. The Board shall have twenty (20) days to give a written decision after receipt of aggrieved employee, the grievance. If employee's FOP representative and the Board chooses not to consider Sheriff or the grievanceSheriff’s designee, they will notify the grievant and such other County representatives as may be designated, within ten (10) daysworkdays of receipt of the written appeal. The Sheriff or the Sheriff's designee shall submit a written answer to the aggrieved employee within (10) workdays of such meeting, and said grievance may be moved to shall
Step 5 without comment or prejudice.
E. Step 5 - Arbitration Procedure - Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and has not been settled or waived may be appealed to arbitration by the Association by serving written notice on the Board within five (5) days after the Board’s answer at level four of the said grievance procedure4. If the Association fails to serve grievance is not settled at Step 3, the aggrieved employee may file a written appeal of the Sheriff’s answer with the Director of Human Resources within ten (10) workdays after receipt of such notice of its intention to arbitrate within this time limitation, it answer. A meeting shall be deemed to have waived held between the arbitration aggrieved employee, the employee's FOP representative and the grievance Director or the Director's designee, and such other County representatives as may be designated, within fifteen (15) workdays after receipt of the written appeal. The Director or the Director’s designee shall be considered settledsubmit a written answer to the aggrieved employee within fifteen (15) workdays of such meeting, and simultaneously forward a written copy of such answer to the FOP representative.
Appears in 1 contract
Samples: Memorandum of Understanding
Procedural Steps. Grievances shall be presented and adjusted in the following manner:
A. Step I - An employee – A grievant shall present the grievance informally via oral or electronic communication to his/her immediate supervisor.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing to the immediate supervisor provided that such grievance is submitted within twenty (20) days following knowledge of the act or condition which is the basis of the complaint. The immediate supervisor shall have ten (10) days to give a written decision after receipt of the grievance.
C. Step 3 - If the grievance is not settled in Step 2, the grievant may move it to Step 3 by written notice to the Superintendent of Schools or his/her designee within ten (10) days after receipt of the Step 2 decision. The Superintendent of Schools or his/her designee shall have ten (10) days to give a written decision after receipt of the grievance.
D. Step 4 - If the grievance is not settled in Step 3, the grievant may move it to Step 4 by written notice to the Chairman of the Board of Education within ten (10) days after receipt of the Step 3 decision. The Board shall have twenty (20) days to give a written decision after receipt of the grievance. If the Board chooses not to consider the grievance, they will notify the grievant within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudice.
E. Step 5 - Arbitration Procedure - Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and has not been settled or waived may be appealed to arbitration by the Association by serving written notice on the Board within five (5) days after the Board’s answer at level four of the said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settled.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedural Steps. Grievances All grievances shall be presented processed on the grievance forms provided by the Employer. Should the Employer not comply with the time limits specified in this Article, the grievant may immediately refer the grievance to the next higher step. Failure of the grievant to comply with the time limits will result in the waiver of the grievance. The parties shall first attempt to resolve their disputes informally. If this method is unsuccessful, the following steps shall be followed in processing grievances:
Step 1 - A grievance shall be initiated as follows: by the grievant submitting the grievance on the grievance form to the grievant’s first level of supervision outside the bargaining unit within 14 days of the act which gives rise to the grievance. The supervisor shall discuss the grievance with the grievant and adjusted provide a written response within 7 days.
Step 2 - If resolution is not reached at Step 1, the union may submit the grievance to the department director within 14 days of the supervisor’s response or the date the response was due, whichever is earlier. Within 7 days the director shall meet with the grievant and his/her union representative to discuss the grievance and shall provide a written response within 14 days of the meeting.
Step 3 - If resolution is not reached at Step 2, the union may submit the grievance to the City Manager within 14 days of the director’s response or the date the response was due, whichever is earlier. Within 14 days the City Manager shall provide a written response.
Step 4 - If resolution is not reached at Step 3, the union may submit the grievance to arbitration in the following manner:
A. Step I - An employee shall present the grievance informally via oral or electronic communication to his/her immediate supervisor.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing to the immediate supervisor provided that such grievance is submitted within twenty (20) : Within 21 days following knowledge of the act or condition which is the basis of the complaint. The immediate supervisor shall have ten (10) days to give a written decision after receipt of the grievance.
C. City Manager’s response at Step 3 - If or the grievance date the response was due, whichever is not settled in Step 2earlier, the grievant may move it to Step 3 by written notice Union shall deliver to the Superintendent of Schools or his/her designee within ten (10) days after receipt of the Step 2 decision. The Superintendent of Schools or his/her designee shall have ten (10) days to give City Manager a written decision after receipt of the grievance.
D. Step 4 - If the grievance is not settled in Step 3demand for arbitration. Within 7 days, the grievant may move it Union and the Human Resources & Risk Management Director shall meet in an effort to Step 4 by written notice to the Chairman of the Board of Education within ten (10) days after receipt of the Step 3 decision. The Board shall have twenty (20) days to give a written decision after receipt of the grievanceselect an arbitrator. If the Board chooses not to consider the grievance, they will notify the grievant within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudice.
E. Step 5 - Arbitration Procedure - Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and an arbitrator has not been settled agreed upon within 7 days thereafter, the parties shall jointly contact the U.S. Federal Mediation and Conciliation Service (USFMCS) or waived may be appealed the American Arbitration Association (AAA) to arbitration by request the Association by serving written notice on the Board within five (5) days after the Board’s answer at level four names of the said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settled.eleven qualified
Appears in 1 contract
Samples: Labor Agreement
Procedural Steps. Grievances shall be presented and adjusted in the following manner:
A. Step I - An employee shall present the grievance informally via oral or electronic communication to his/her immediate supervisor.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing to the immediate supervisor provided that such grievance is submitted within twenty (20) days following knowledge of the act or condition which is the basis of the complaint. The immediate supervisor shall have ten (10) days to give a written decision after receipt of the grievance.
C. Step 3 - If the grievance is not settled in Step 2, the grievant may move it to Step 3 by written notice to the Superintendent of Schools or his/her designee within ten (10) days after receipt of the Step 2 decision. The Superintendent of Schools or his/her designee shall have ten (10) days to give a written decision after receipt of the grievance.
D. Step 4 - If the grievance is not settled in Step 3, the grievant may move it to Step 4 by written notice to the Chairman President of the Board of Education within ten (10) days after receipt of the Step 3 decision. The Board shall have twenty (20) days to give a written decision after receipt of the grievance. If the Board chooses not to consider the grievance, they will notify the grievant within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudice.
E. Step 5 - Arbitration Procedure - Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and has not been settled or waived may be appealed to arbitration by the Association by serving written notice on the Board within five (5) days after the Board’s answer at level four of the said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settled.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedural Steps. Recognizing that grievances should be raised and settled promptly, a grievance must be raised within fourteen (14) calendar days following the event giving rise to the grievance or within fourteen (14) calendar days following the time when the employee should reasonably have gained knowledge of its occurrence. The County shall send a copy of all grievances received to the Association. The grievant will be responsible for filing the proper forms within the time limits set forth in this Section, and shall keep the Association informed of same. Grievances shall be presented and adjusted in processed as follows, except for disciplinary grievances involving a suspension, loss of pay, demotion, or discharge which shall begin at Step 4 by filing a written appeal to the following mannerChief of the Fire Department:
A. Step I - An 1. The employee shall present discuss the grievance informally via oral with the employee's immediate supervisor (with the rank of Captain or electronic communication higher). The supervisor shall attempt to his/her immediate adjust the grievance, within the supervisor's scope of authority, and shall respond orally within seven (7) calendar days of the discussion. The employee, at the employee's sole option, may bypass this Step 1 and proceed directly to Step 2.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing to the immediate supervisor provided that such grievance is submitted within twenty (20) days following knowledge of the act or condition which is the basis of the complaint2. The immediate supervisor shall have ten (10) days to give a written decision after receipt of the grievance.
C. Step 3 - If the grievance is not settled at Step 1, the employee may, within seven (7) calendar days of the Step 1 response, file a written grievance with the employee's Battalion Chief or Division Chief if the employee does not report to a Battalion Chief. A meeting between the Battalion Chief or Division Chief and the employee shall be held within fourteen (14) calendar days after receipt of the written grievance. The Battalion Chief or Division Chief shall submit an answer, in writing, and may accept, reject, increase, or decrease the disciplinary action within fourteen (14) calendar days after the meeting.
Step 3. If the grievance is not settled at Step 2, the grievant employee or the employee's representative may, within fourteen (14) calendar days of receipt of the Step 2 answer, file a written appeal of said answer with the Division Chief. A meeting between the Division Chief or the Chief's designee, the employee and the employee's representative shall be held within fourteen (14) calendar days after receipt of the written appeal. The Division Chief, or the Chief's designee, shall submit an answer, in writing, and may move it to Step 3 by written notice to accept, reject, increase, or decrease the Superintendent of Schools disciplinary action within fourteen (14) calendar days after the meeting. The Assistant Chief or his/her designee shall hear the grievance at step 3 if a Division Chief hears Step 2. In the event that a grievance involves a time sensitive matter, the employee, or the employee's representative, may elect to proceed immediately to this Step 3 in an attempt to resolve the grievance in an expeditious manner. The Division Chief, or the Chief's designee, shall submit an answer, in writing, within ten five (105) working days after the meeting. The employee may then appeal the answer to the Chief of the Department within five (5) working days, and in writing. The Chief of the Department, or the Chief's designee, has five (5) working days in which to give an answer.
Step 4. If the grievance is not settled at Step 3, the employee or the employee's representative may, within fourteen (14) calendar days of receipt of the step 3 answer, file a written appeal of said answer with the Chief. A meeting between the Chief or the Chief's designee, the employee, and the employee's representative shall be held within fourteen (14) calendar days after receipt of the written appeal. The Chief, or the Chief's designee, shall submit a written answer, and may accept, reject, increase, or decrease the disciplinary action within fourteen (14) calendar days after the meeting.
Step 5. If the grievance is not settled at Step 4, the employee may, within fourteen (14) calendar days after receipt of the Step 2 decision4 written answer, file a written appeal of said answer with the Labor Commissioner or their designee. The Superintendent of Schools A meeting between the employee, the employee's representative, designated Administration representative, and the Labor Commissioner or his/her the Commissioner's designee shall have ten be held within fourteen (1014) days to give a written decision after receipt of the grievance.
D. Step 4 - If the grievance is not settled in Step 3, the grievant may move it to Step 4 by written notice to the Chairman of the Board of Education within ten (10) calendar days after receipt of the Step 3 decisionwritten appeal. The Board Labor Commissioner or the Commissioner's designee shall have twenty (20) days to give submit a written decision after receipt of the grievance. If the Board chooses not to consider the grievance, they will notify the grievant within ten (10) daysanswer, and said grievance may be moved to Step 5 without comment accept, reject, increase, or prejudice.
E. Step 5 - Arbitration Procedure - Any grievance concerning decrease the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and has not been settled or waived may be appealed to arbitration by the Association by serving written notice on the Board disciplinary action within five fourteen (514) calendar days after the Board’s answer at level four of the said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settledmeeting.
Appears in 1 contract
Samples: Memorandum of Understanding
Procedural Steps. Recognizing that grievances should be raised and settled promptly, a grievance must be raised within fourteen (14) calendar days following the event giving rise to the grievance or within fourteen (14) calendar days following the time when the employee should reasonably have gained knowledge of its occurrence. The County shall send a copy of all grievances received to the Association. The grievant will be responsible for filing the proper forms within the time limits set forth in this Section, and shall keep the Association informed of same. Grievances shall be presented and adjusted in processed as follows, except for disciplinary grievances involving a suspension, loss of pay, demotion, or discharge which shall begin at Step 4 by filing a written appeal to the following mannerChief of the Fire Department:
A. Step I - An 1. The employee shall present discuss the grievance informally via oral with the employee's immediate supervisor (with the rank of Captain or electronic communication higher). The supervisor shall attempt to his/her immediate adjust the grievance, within the supervisor's scope of authority, and shall respond orally within seven (7) calendar days of the discussion. The employee, at the employee's sole option, may bypass this Step 1 and proceed directly to Step 2.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing to the immediate supervisor provided that such grievance is submitted within twenty (20) days following knowledge of the act or condition which is the basis of the complaint2. The immediate supervisor shall have ten (10) days to give a written decision after receipt of the grievance.
C. Step 3 - If the grievance is not settled in at Step 21, the grievant may move it employee may, within seven (7) calendar days of the Step 1 response, file a written grievance with the employee's Battalion Chief or Division Chief if the employee does not report to Step 3 by written notice to a Battalion Chief. A meeting between the Superintendent of Schools Battalion Chief or his/her designee Division Chief and the employee shall be held within ten fourteen (1014) calendar days after receipt of the written grievance. The Battalion Chief or Division Chief shall submit an answer, in writing, and may accept, reject, increase, or decrease the disciplinary action within fourteen (14) calendar days after the meeting.
Step 3. If the grievance is not settled at Step 2, the employee or the employee's representative may, within fourteen (14) calendar days of receipt of the Step 2 decisionanswer, file a written appeal of said answer with the Division Chief. A meeting between the Division Chief or the Chief's designee, the employee and the employee's representative shall be held within fourteen (14) calendar days after receipt of the written appeal. The Superintendent of Schools Division Chief, or the Chief's designee, shall submit an answer, in writing, and may accept, reject, increase, or decrease the disciplinary action within fourteen (14) calendar days after the meeting. The Assistant Chief or his/her designee shall have ten (10) days to give hear the grievance at step 3 if a written decision after receipt of the grievanceDivision Chief hears Step 2.
D. Step 4 - 4. If the grievance is not settled in at Step 3, the grievant may move it to Step 4 by written notice to employee or the Chairman employee's representative may, within fourteen (14) calendar days of receipt of the Board step 3 answer, file a written appeal of Education said answer with the Chief. A meeting between the Chief or the Chief's designee, the employee, and the employee's representative shall be held within ten fourteen (1014) calendar days after receipt of the Step 3 decisionwritten appeal. The Board Chief, or the Chief's designee, shall have twenty (20) days to give submit a written decision after receipt of the grievance. If the Board chooses not to consider the grievance, they will notify the grievant within ten (10) daysanswer, and said grievance may be moved to Step 5 without comment accept, reject, increase, or prejudice.
E. Step 5 - Arbitration Procedure - Any grievance concerning decrease the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and has not been settled or waived may be appealed to arbitration by the Association by serving written notice on the Board disciplinary action within five (5) days after the Board’s answer at level four of the said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settled.fourteen
Appears in 1 contract
Samples: Memorandum of Understanding
Procedural Steps. Grievances shall be presented and adjusted in Step 1 The aggrieved Employee or the following manner:
A. Step I - An employee shall present the grievance informally via oral or electronic communication to Union will submit his/her immediate supervisor.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing on the approved grievance form or other written document to the immediate supervisor provided that such grievance is submitted within twenty (20) days following knowledge of the act or condition which is the basis of the complaintDivision Commander. The immediate supervisor shall have ten (10) days to give a written decision after receipt of the grievance.
C. Step 3 - If the grievance is not settled in Step 2, the grievant may move it to Step 3 by written notice to the Superintendent of Schools or his/her designee within ten (10) days after receipt of the Step 2 decision. The Superintendent of Schools Division Commander or his/her designee shall have ten (10) schedule a meeting to discuss the grievance within seven calendar days to give a written decision after of receipt of the grievancegrievance form and shall reply to the Employee and/or Union, in writing, within seven calendar days after the meeting.
D. Step 4 - If 2 In the grievance event that the Division Commander’s decision is not settled in Step 3satisfactory to the Employee or the Union, the grievant may move it to Step 4 by written notice to Employee or the Chairman of the Board of Education Union may, within ten (10) seven calendar days after from receipt of the decision at Step 3 decision. 1, present the grievance form to the Chief of Police The Board Chief of Police shall have twenty (20) schedule a meeting with the Employee and/or the Union within fourteen calendar days to give a written decision after receipt of the grievance. If The Chief of Police or his or her designee shall reply to the Board chooses Employee and/or Union within fourteen calendar days after the meeting.
Step 3 In the event that the decision of the Chief of Police is not satisfactory to consider the Employee or the Union, the Employee or the Union may, within seven calendar days from receipt of the decision at Step 12, present the grievance form to the City Clerk for date and time stamping and delivery to the City Manager who shall schedule a meeting with the Employee and/or the Union within fourteen calendar days after receipt of the grievance, they will notify . The City Manager shall reply to the grievant Employee and/or Union within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudicefourteen calendar days after the meeting.
E. Step 5 - Arbitration Procedure - (a) Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance above procedure as set forth above and has not been settled at Step 3 may, at the request of the Union or waived may the Employee, be appealed to arbitration by the Association by serving Employee Relations Board.
(b) The Union or the Employee shall serve written notice on the Board within five (5) days after the Board’s answer at level four of the said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate proceed to the Employee Relations Board to the City Clerk within fourteen calendar days of receipt of the City Manager’s decision at Step 3.
(c) The Employee Relations Board shall have the right to engage one or more professional neutral persons to serve as a hearing officer, fact finder and to make recommendations concerning the grievance.
(d) The Employee Relations Board shall have no authority to amend, alter or modify any provision of this time limitationAgreement or to limit, it diminish or in any manner interfere with the authority of the City and its administration as provided by State Law and/or City Charter.
(e) The written decision of the Employee Relations Board shall be deemed to have waived rendered within 30 days after the arbitration hearing and shall be final and binding upon the aggrieved Employee, the Union, and the City.
(f) The cost of presenting or defending the grievance to the Employee Relations Board shall be considered settledborne by the side incurring the expense.
(g) The Employee Relations Board shall meet to hear grievances which are at the Employee Relations Board step three times per year at dates specified on or before the beginning of the calendar year, excluding summer months of June, July, and August. Grievances which shall be heard on a specific date shall be those which have proceeded to Step 4 no later than 30 days before that scheduled Employee Relations Board hearing date.
Appears in 1 contract
Samples: Collective Bargaining Agreement