Common use of PROCEDURE FOR RESOLUTION OF GRIEVANCES Clause in Contracts

PROCEDURE FOR RESOLUTION OF GRIEVANCES. Any question, dispute or claim arising out of, or involving the interpretation or application of this Agreement (other than jurisdictional disputes or alleged violations of Article 7, Section 1) shall be considered a grievance and shall be resolved pursuant to the exclusive procedure of the steps described below, provided, in all cases, that the question, dispute or claim arose during the term of this Agreement. Step 1: (a) When any employee covered by this Agreement feels aggrieved by a claimed violation of this Agreement, the employee shall, through the Local Union business representative or job xxxxxxx give notice of the claimed violation to the work site representative of the involved Contractor and the Design Build Contractor. To be timely, such notice of the grievance must be given within 7 calendar days after the act, occurrence or event giving rise to the grievance or as soon thereafter as practical but not to exceed an additional 7 calendar days. The business representative of the Local Union or the job xxxxxxx and the work site representative of the involved Contractor shall meet and endeavor to adjust the matter within 7 calendar days after timely notice has been given or as soon thereafter as practical. If they fail to resolve the matter within the prescribed period, the grieving party, may, within 7 calendar days or as soon thereafter as practical, pursue Step 2 of the grievance procedure by serving the involved Contractor with written copies of the grievance setting forth a description of the claimed violation, the date on which the grievance occurred, and the provisions of this Agreement alleged to have been violated. Grievances and disputes settled at Step 1 are non-precedential except as to the specific Local Union, employee and Contractor directly involved unless the settlement is accepted in writing by the Design Build Contractor (or designee) as creating a precedent. (b) Should any Party (excluding DDOT) have a dispute (excepting jurisdictional disputes or alleged violations of Article 7, Section 1) with any other Party (excluding DDOT) and, if after conferring, a settlement is not reached within 7 calendar days, or as soon thereafter as practical, the dispute shall be reduced to writing and proceed to Step 2 in the same manner as outlined in subparagraph (a) for the adjustment of employee grievances.

PROCEDURE FOR RESOLUTION OF GRIEVANCES. Any question, dispute or claim arising out of, or involving the interpretation or application of this Agreement (other than jurisdictional disputes or alleged violations of Article 7, Section Section 1) shall be considered a grievance and shall be resolved pursuant to the exclusive procedure of the steps described below, ; provided, in all cases, that the question, dispute or claim arose during the term of this Agreement. Step 1:. (a) When any employee covered by this Agreement feels aggrieved by a claimed violation of this Agreement, the employee shall, through the Local Union business representative or job xxxxxxx give notice of the claimed violation to the work site representative of the involved Contractor and the Design Build Contractor. To be timely, such notice of the grievance must be given within 7 14 calendar days after the act, occurrence occurrence, or event giving rise to the grievance or as soon thereafter as practical but not to exceed an additional 7 calendar daysgrievance. The business representative of the Local Union or the job xxxxxxx and the work site representative of the involved Contractor shall meet and endeavor to adjust resolve the matter within 7 14 calendar days after timely notice has been given or as soon thereafter as practicalgiven. If they fail to resolve the matter within the prescribed period, the grieving party, may, within 7 14 calendar days or as soon thereafter as practicalthereafter, pursue Step 2 of the grievance procedure by serving the involved Contractor with written copies of the grievance setting forth a description of the claimed violation, the date on which the grievance occurred, and the provisions of this the Agreement alleged to have been violated. Grievances and disputes settled at Step 1 are non-precedential except as to the specific Local Union, employee and Contractor directly involved unless the settlement is accepted in writing by the Design Build Contractor (or designee) as creating a precedentinvolved. (b) Should any Party (excluding DDOT) signatory to this Agreement have a dispute (excepting jurisdictional disputes or alleged violations of Article 7, Section 1) with any other Party (excluding DDOT) signatory to this Agreement and, if after conferring, a settlement is not reached within 7 14 calendar days, or as soon thereafter as practical, the dispute shall be reduced to writing and proceed to Step 2 in the same manner as outlined in subparagraph (a) for the adjustment of employee grievances. Step 2: The Business Manager or designee of the involved Local Union, together with representatives of the Councils and the Contractor, shall meet in Step 2 within 14 calendar days of service of the written grievance to arrive at a satisfactory settlement. The parties intend this step of the process to include good faith efforts by all involved parties to find a mutually acceptable basis for resolution. In the event a majority of the principal participants in this process (i.e., the Business Manager, and the Contractor) agree on a resolution which is not accepted by the third participant and the matter proceeds through arbitration to the issuance of an award which is not substantially favorable to that third participant, the Arbitrator shall have the discretion to impose the full cost of the arbitration, including reasonable attorneys’ fees, on that third participant. Step 3: (a) If the grievance shall have been submitted but not resolved in Step 2, any of the participating Step 2 entities may, within 21 calendar days after the initial Step 2 meeting, submit the grievance in writing (copies to other participants) to Messrs. X.X. Xxxxxxx and/or Xxxxx Xxxxx, who shall act, alternately, as the Arbitrator under this procedure. The Labor Arbitration Rules of the American Arbitration Association Shall govern the conduct of the arbitration hearing, at which all Step 2 participants shall be permitted to participate. The decision of the Arbitrator shall be final and binding on the Contractor, Local Union and employees and the fees and expenses of such arbitrations shall be borne equally by the Contractor and Local Union. (b) Failure of the grieving party to adhere to the time limits set forth in this Article shall render the grievance null and void. These time limits may be extended only by written consent of the Contractor and involved Local Union at the particular step where the extension is agreed upon. The Arbitrator shall have authority to make decisions only on the issues presented to him and shall not have the authority to change, add to, delete or modify any provision of this Agreement. The Arbitrator shall have the discretion to award costs, including attorneys’ fees, in accordance with Step 2, above.

PROCEDURE FOR RESOLUTION OF GRIEVANCES. Any question, dispute or claim arising out of, or involving the interpretation or application of this Agreement (other than jurisdictional disputes or alleged violations of Article 7, Section 1) shall be considered a grievance and shall be resolved pursuant to the exclusive procedure of the steps described below, ; provided, in all cases, that the question, dispute or claim arose during the term of this Agreement. Step 1:. (a) When any employee covered by this Agreement feels aggrieved by a claimed violation of this Agreement, the employee shall, through the Local Union business representative or job xxxxxxx give notice of the claimed violation to the work site representative of the involved Contractor and the Design Build Contractor. To be timely, such notice of the grievance must be given within 7 14 calendar days after the act, occurrence or event giving rise to the grievance or as soon thereafter as practical but not to exceed an additional 7 calendar daysgrievance. The business representative of the Local Union or the job xxxxxxx and the work site representative of the involved Contractor shall meet and endeavor to adjust resolve the matter within 7 14 calendar days after timely notice has been given or as soon thereafter as practicalgiven. If they fail to resolve the matter within the prescribed period, the grieving party, may, within 7 14 calendar days or as soon thereafter as practicalthereafter, pursue Step 2 of the grievance procedure by serving the involved Contractor and the Construction Project Manager with written copies of the grievance setting forth a description of the claimed violation, the date on which the grievance occurred, and the provisions of this the Agreement alleged to have been violated. Grievances and disputes settled at Step 1 are non-precedential nonprecedential except as to the specific Local Union, employee and Contractor directly involved unless the settlement is accepted in writing by the Design Build Contractor (or designee) Construction Project Manager as creating a precedent. (b) Should any Party (excluding DDOT) signatory to this Agreement have a dispute (excepting jurisdictional disputes or alleged violations of Article 7, Section 1) with any other Party (excluding DDOT) signatory to this Agreement and, if after conferring, a settlement is not reached within 7 14 calendar days, or as soon thereafter as practical, the dispute shall be reduced to writing and proceed to Step 2 in the same manner as outlined in subparagraph (a) for the adjustment of employee grievances. Step 2: The Business Manager or designee of the involved Local Union, together with representatives of the Council, the involved Contractor, and the Construction Project Manager shall meet in Step 2 within 14 calendar days of service of the written grievance to arrive at a satisfactory settlement. The parties intend this step of the process to include good faith efforts by all involved parties to find a mutually acceptable basis for resolution. In the event a majority of the principal participants in this process (i.e., the Business Manager, the Contractor and the Construction Project Manager) agree on a resolution which is not accepted by the third participant and the matter proceeds through arbitration to the issuance of an award which is not substantially favorable to that third participant, the Arbitrator shall have the discretion to impose the full cost of the arbitration, including reasonable attorneys’ fees, on that third participant. Step 3: (a) If the grievance shall have been submitted but not resolved in Step 2, any of the participating Step 2 entities may, within 21 calendar days after the initial Step 2 meeting, submit the grievance in writing (copies to other participants) to Messrs. X.X. Xxxxxxx and/or Xxxxxx Xxxxxxxxx, who shall act, alternately, as the Arbitrator under this procedure. The Labor Arbitration Rules of the American Arbitration Association shall govern the conduct of the arbitration hearing, at which all Step 2 participants shall be permitted to participate. The decision of the arbitrator shall be final and binding on the involved Contractor, Local Union and employees and the fees and expenses of such arbitrations shall be borne equally by the involved Contractor and Local Union. (b) Failure of the grieving party to adhere to the time limits set forth in this Article shall render the grievance null and void. These time limits may be extended only by written consent of the Construction Project Manager, involved Contractor and involved Local Union at the particular step where the extension is agreed upon. The Arbitrator shall have authority to make decisions only on the issues presented to him and shall not have the authority to change, add to, delete or modify any provision of this Agreement. The Arbitrator shall have the discretion to award costs, including attorneys’ fees, in accordance with Step 2, above.

PROCEDURE FOR RESOLUTION OF GRIEVANCES. Any question, dispute or claim arising out of, or involving the interpretation or application of this Agreement (other than jurisdictional disputes or alleged violations of Article 7, Section 1) shall be considered a grievance and shall be resolved pursuant to the exclusive procedure of the steps described below, ; provided, in all cases, that the question, dispute or claim arose during the term of this Agreement. Step 1:. (a) A. When any employee covered by this Agreement feels aggrieved by a claimed violation of this Agreement, the employee shall, through the Local Union business representative or job xxxxxxx give notice of the claimed violation to the work site representative of the involved Contractor and the Design Build Contractor. To be timely, such notice of the grievance must be given within 7 calendar days after the act, occurrence occurrence, or event giving rise to the grievance grievance, or as soon thereafter as practical but not after the act, occurrence or event became known or should have become known to exceed an additional 7 calendar daysthe Union. The business representative of the Local Union or the job xxxxxxx and the work site representative of the involved Contractor shall meet and endeavor to adjust the matter within 7 calendar days after timely notice has been given or as soon thereafter as practicalgiven. If they fail to resolve the matter within the prescribed period, the grieving party, may, within 7 calendar days or as soon thereafter as practicalthereafter, pursue Step 2 of the they grievance procedure by serving the involved Contractor and the General Contractor with written copies of the grievance setting forth a description of the claimed violation, the date on which the grievance occurred, and the provisions of this the Agreement alleged to have been violated. Grievances and disputes settled at Step 1 are non-precedential except as to the specific Local Union, employee and Contractor directly involved involved, unless the settlement is accepted in writing writing, by the Design Build Contractor (or designee) General Contractor, as creating a precedent. (b) B. Should any Party (excluding DDOT) signatory to this Agreement have a dispute (excepting jurisdictional disputes or alleged violations of Article 7, Section 1) with any other Party (excluding DDOT) signatory to this Agreement and, if after conferring, a settlement is not reached within 7 calendar days, or as soon thereafter as practical, the dispute shall be reduced to writing and proceed to Step 2 in the same manner as outlined in subparagraph (a) for the adjustment of employee grievances. Step 2: The Business Manager or designee of the involved Local Union, together with representatives of the BTC, the involved Contractor, and the General Contractor shall meet in Step 2 within 5 calendar days of the written grievance to arrive at a satisfactory settlement. A. If the grievance shall have been submitted but not resolved in Step 2, any of the participating Step 2 entities may, within 14 calendar days after the initial Step 2 meeting, submit the grievance in writing (copies to other participants) to X.X. Xxxxxxx Xx., Esq., at 00 XXX Xxxxxxx, Xxxxx Xxxxx Xxxx, Xxxxx Xxxxx , Xxx Xxxxxx 00000, telephone number (000) 000-0000, fax number (000) 000-0000 , who shall act as the Arbitrator under this procedure. In the event that X.X. Xxxxxxx is unable to serve, a party invoking this procedure shall notify Xxxxx Xxxxxxx, who shall serve as arbitrator under this expedited procedure. The Labor Arbitration Rules of the American Arbitration Association shall govern the conduct of the arbitration hearing, at which all Step 2 participants shall be parties. Hearings shall be held at the jobsite or at the Newark office of the New Jersey State Board of Mediation, as directed by the Arbitrator. The decision of the Arbitrator shall be final and binding on the involved Contractor, Local Union and employees and the fees and expenses of such arbitration's shall be borne equally by the involved Contractor and Local Union. B. Failure of the grieving party to adhere to the time limits set forth in this Article shall render the grievance null and void. These time limits may be extended only by written consent of the GC, involved Contractor and involved Local Union at the particular step where the extension is agreed upon. The Arbitrator shall have authority to make decisions only on the issues presented to him and shall not have the authority to change, add to, delete or modify any provision of this Agreement.

PROCEDURE FOR RESOLUTION OF GRIEVANCES. Any question, dispute or claim arising out of, or involving the interpretation or application of this Agreement (other than jurisdictional disputes or alleged violations of Article 7, Section 1) shall be considered a grievance and shall be resolved pursuant to the exclusive procedure of the steps described below, ; provided, in all cases, that the question, dispute or claim arose during the term of this Agreement. Step 1:. (a) A. When any employee covered by this Agreement feels aggrieved by a claimed violation of this Agreement, the employee shall, through the Local Union business representative or job xxxxxxx give notice of the claimed violation to the work site representative of the involved Contractor and the Design Build Contractor. To be timely, such notice of the grievance must be given within 7 calendar days after the act, occurrence occurrence, or event giving rise to the grievance grievance, or as soon thereafter as practical but not after the act, occurrence or event became known or should have become known to exceed an additional 7 calendar daysthe Union. The business representative of the Local Union or the job xxxxxxx and the work site representative of the involved Contractor shall meet and endeavor to adjust the matter within 7 calendar days after timely notice has been given or as soon thereafter as practicalgiven. If they fail to resolve the matter within the prescribed period, the grieving party, may, within 7 calendar days or as soon thereafter as practicalthereafter, pursue Step 2 of the they grievance procedure by serving the involved Contractor and the General Contractor and/or Project Management Firm with written copies of the grievance setting forth a description of the claimed violation, the date on which the grievance occurred, and the provisions of this the Agreement alleged to have been violated. Grievances and disputes settled at Step 1 are non-precedential except as to the specific Local Union, employee and Contractor directly involved involved, unless the settlement is accepted in writing writing, by the Design Build General Contractor (or designee) and/or Project Management Firm, as creating a precedent. (b) B. Should any Party (excluding DDOT) signatory to this Agreement have a dispute (excepting jurisdictional disputes or alleged violations of Article 7, Section 1) with any other Party (excluding DDOT) signatory to this Agreement and, if after conferring, a settlement is not reached within 7 calendar days, or as soon thereafter as practical, the dispute shall be reduced to writing and proceed to Step 2 in the same manner as outlined in subparagraph (a) for the adjustment of employee grievances. Step 2: The Business Manager or designee of the involved Local Union, together with representatives of the BTC, the involved Contractor, and the General Contractor and/or Project management Firm shall meet in Step 2 within 5 calendar days of the written grievance to arrive at a satisfactory settlement. A. If the grievance shall have been submitted but not resolved in Step 2, any of the participating Step 2 entities may, within 14 calendar days after the initial Step 2 meeting, submit the grievance in writing (copies to other participants) to X.X. Xxxxxxx Xx., Esq., at 00 XXX Xxxxxxx, Xxxxx Xxxxx Xxxx, Xxxxx Xxxxx , Xxx Xxxxxx 00000, telephone number (000) 000-0000, fax number (000) 000-0000 , who shall act as the Arbitrator under this procedure. In the event that X.X. Xxxxxxx is unable to serve, a party invoking this procedure shall notify Xxxxxx Xxxxxxxx, who shall serve as arbitrator under this expedited procedure. The Labor Arbitration Rules of the American Arbitration Association shall govern the conduct of the arbitration hearing, at which all Step 2 participants shall be parties. Hearings shall be held at the jobsite or at the Newark office of the New Jersey State Board of Mediation, as directed by the Arbitrator. The decision of the Arbitrator shall be final and binding on the involved Contractor, Local Union and employees and the fees and expenses of such arbitration's shall be borne equally by the involved Contractor and Local Union. B. Failure of the grieving party to adhere to the time limits set forth in this Article shall render the grievance null and void. These time limits may be extended only by written consent of the GC and/or PMF, involved Contractor and involved Local Union at the particular step where the extension is agreed upon. The Arbitrator shall have authority to make decisions only on the issues presented to him and shall not have the authority to change, add to, delete or modify any provision of this Agreement.