Common use of Procedures Applicable to Grievance Steps Clause in Contracts

Procedures Applicable to Grievance Steps. (a) Steps 1 and 2 shall be informal and the grievant and/or PEF shall meet with the appropriate step representative for the purpose of discussing the grievance, and attempting to reach a resolution. (b) No transcript is required at any step. However, either party may request that the review at Step 2 only be tape recorded at its expense and shall provide a copy of such tape recording to the other party. (c) Step 3 is intended primarily to be a review of the existing grievance file; provided, however, that additional exhibits and evidence may be submitted in writing. (d) Any meeting required by this Article may be mutually waived. (e) All of the time limits contained in this Article may be extended by mutual agreement. Extensions shall be confirmed in writing by the party requesting them. Upon failure of the State, or its representatives, to provide a decision within the time limits provided in this Article, the grievant or PEF, as appropriate at each step, may appeal to the next step. Upon failure of the grievant, or the grievant’s representative, to file an appeal from a written decision issued by the State or its representatives within the time limits provided in this Article, the grievance shall be deemed withdrawn. (f) A settlement of or an award upon a contract grievance may or may not be retroactive as the equities of each case demand, but in no event shall such a resolution be retroactive to a date earlier than 30 days prior to the date the contract grievance was first presented in accordance with this Article, or the date the contract grievance occurred, whichever is the later date. (g) A settlement of a contract grievance in Steps 1 through 3 shall constitute precedent in other and future cases only if the Director of the Office of Employee Relations and the President of PEF agree, in writing, that such settlement shall have such effect. (h) The State shall supply in writing, with each copy of each step response, the name and address of the person to whom any appeal must be sent, and a statement of the applicable time limits for filing such an appeal. (i) All contract grievances, appeals and responses at Steps 1 and 2 shall be submitted by certified mail, return receipt requested, or by personal service. All appeals and responses at Steps 3 and 4 shall be submitted via electronic mail, certified mail or by personal service. Where submission is by certified mail, the date of filing shall be that date appearing on the postal receipt; where submission is by electronic mail, the date of filing shall be the time/date stamp of the sent electronic mail message and where submission is by personal service, the date of filing shall be the date of receipt by personal service. Where submission is by electronic mail, materials sent by midnight Eastern Standard Time shall be considered filed that working day and received the next working day. Electronic mail filings shall be available within 90 days of ratification of this Agreement. Within 60 days of ratification of this Agreement, the State and PEF shall provide each other with notice of the official electronic mailbox addresses for Steps 3 and 4 filings/appeals/responses. During the term of this Agreement, the parties shall meet and discuss whether implementation of a pilot program for the electronic transmittal of grievance submission and responses at Steps 1 and 2 of the grievance and arbitration procedure set forth in this Article is feasible and otherwise appropriate. If the parties are unable to negotiate an agreement regarding implementation of such a pilot program, they shall continue to submit Steps 1 and 2 filings by certified mail, return receipt requested or by personal service. (j) Working days shall mean Monday through Friday, excluding holidays, unless otherwise specified, and days shall mean calendar days. (k) The State and PEF shall prepare, secure introduction and recommend passage by the Legislature of such legislation as may be appropriate and necessary to establish a special appropriation fund to be administered by the Department of Audit and Control to provide for prompt payments of settlements reached or arbitration awards issued pursuant to this Article. (l) The purpose of this Article is to provide a prompt, equitable and efficient procedure to review grievances filed by an employee or PEF. Both the State and PEF recognize the importance of the reasonable use of and resort to the procedure provided by this Article and the timely issuance of decisions to filed grievances among other aspects of the procedure provided by this Article. Representatives of the Office of Employee Relations and PEF shall meet at mutually agreed upon times to discuss and take the necessary steps to resolve matters of mutual concern in the implementation and administration of this procedure. (m) A claimed failure to follow the procedural provisions of Article 33, Discipline Procedure, shall be reviewable in accordance with the provisions contained in that Article. (n) Following issuance of the decision at Step 2 but prior to the appeal by PEF to Step 3, a grievance may be amended to specify a different term or provision of the Agreement alleged to have been violated than specified at the submission of the grievance at Step 1. The amended grievance shall be forwarded by PEF to the agency or department head or the designee within 30 working days of the receipt of the Step 2 decision. Such amendment shall be in writing, and shall include a copy of the grievance filed at Step 1, a copy of all prior decisions and appeals, including the Step 2 decision, and a short, plain written statement noting the new term or provision of the Agreement alleged to have been violated. The agency or department head or a designee shall issue a short, plain written statement of reasons for the decision with respect to the new term or provision of the Agreement to the President of PEF no later than 20 working days following receipt of the amended grievance. In addition to the above process, a grievance at Step 2 may be amended by mutual consent of the parties. No other amendment(s) to the grievance shall be permitted except upon consent.

Procedures Applicable to Grievance Steps. (a) Steps 1 and 2 shall be informal and the grievant and/or PEF shall meet with the appropriate step representative for the purpose of discussing the grievance, and attempting to reach a resolution. (b) No transcript is required at any step. However, either party may request that the review at Step 2 only be tape recorded at its expense and shall provide a copy of such tape recording to the other party. (c) Step 3 is intended primarily to be a review of the existing grievance file; provided, however, that additional exhibits and evidence may be submitted in writing. (d) Any meeting required by this Article may be mutually waived. (e) All of the time limits contained in this Article may be extended by mutual agreement. Extensions shall be confirmed in writing by the party requesting them. Upon failure of the State, or its representatives, to provide a decision within the time limits provided in this Article, the grievant or PEF, as appropriate at each step, may appeal to the next step. Upon failure of the grievant, or the grievant’s representative, to file an appeal from a written decision issued by the State or its representatives within the time limits provided in this Article, the grievance shall be deemed withdrawn. (f) A settlement of or an award upon a contract grievance may or may not be retroactive as the equities of each case demand, but in no event shall such a resolution be retroactive to a date earlier than 30 days prior to the date the contract grievance was first presented in accordance with this Article, or the date the contract grievance occurred, whichever is the later date. (g) A settlement of a contract grievance in Steps 1 through 3 shall constitute precedent in other and future cases only if the Director of the Governor’s Office of Employee Relations and the President of PEF agree, in writing, that such settlement shall have such effect. (h) The State shall supply in writing, with each copy of each step response, the name and address of the person to whom any appeal must be sent, and a statement of the applicable time limits for filing such an appeal. (i) All contract grievances, appeals appeals, responses and responses at Steps 1 and 2 demands for arbitration shall be submitted by certified mail, return receipt requested, or by personal service. All appeals and responses at Steps 3 and 4 time limits set forth in this Article shall be submitted via electronic mail, measured from the date of certified mail mailing or of receipt by personal service. Where submission is by certified mail, the date of filing mailing shall be that date appearing on the postal receipt; where submission is by electronic mail, the date of filing shall be the time/date stamp of the sent electronic mail message and where submission is by personal service, the date of filing shall be the date of receipt by personal service. Where submission is by electronic mail, materials sent by midnight Eastern Standard Time shall be considered filed that working day and received the next working day. Electronic mail filings shall be available within 90 days of ratification of this Agreement. Within 60 days of ratification of this Agreement, the State and PEF shall provide each other with notice of the official electronic mailbox addresses for Steps 3 and 4 filings/appeals/responses. During the term of this Agreement, the parties shall meet and discuss whether implementation of a pilot program for the electronic transmittal of grievance submission and responses at Steps 1 and 2 of the grievance and arbitration procedure set forth in this Article is feasible and otherwise appropriate. If the parties are unable to negotiate an agreement regarding implementation of such a pilot program, they shall continue to submit Steps 1 and 2 filings by certified mail, return receipt requested or by personal service. (j) Working days shall mean Monday through Friday, excluding holidays, unless otherwise specified, and days shall mean calendar days. (k) The State and PEF shall prepare, secure introduction and recommend passage by the Legislature of such legislation as may be appropriate and necessary to establish a special appropriation fund to be administered by the Department of Audit and Control to provide for prompt payments of settlements reached or arbitration awards issued pursuant to this Article. (l) The purpose of this Article is to provide a prompt, equitable and efficient procedure to review grievances filed by an employee or PEF. Both the State and PEF recognize the importance of the reasonable use of and resort to the procedure provided by this Article and the timely issuance of decisions to filed grievances among other aspects of the procedure provided by this Article. Representatives of the Governor’s Office of Employee Relations and PEF shall meet at mutually agreed upon times to discuss and take the necessary steps to resolve matters of mutual concern in the implementation and administration of this procedure. (m) A claimed failure to follow the procedural provisions of Article 33, Discipline Procedure, shall be reviewable in accordance with the provisions contained in that Article. (n) Following issuance of the decision at Step 2 but prior to the appeal by PEF to Step 3, a grievance may be amended to specify a different term or provision of the Agreement alleged to have been violated than specified at the submission of the grievance at Step 1. The amended grievance shall be forwarded by PEF to the agency or department head or the designee within 30 working days of the receipt of the Step 2 decision. Such amendment shall be in writing, and shall include a copy of the grievance filed at Step 1, a copy of all prior decisions and appeals, including the Step 2 decision, and a short, plain written statement noting the new term or provision of the Agreement alleged to have been violated. The agency or department head or a designee shall issue a short, plain written statement of reasons for the decision with respect to the new term or provision of the Agreement to the President of PEF no later than 20 working days following receipt of the amended grievance. In addition to the above process, a grievance at Step 2 may be amended by mutual consent of the parties. No Grievances may be amended only in accordance with the terms of this subdivision, and any other amendment(s) to the grievance shall not be permitted except upon consentat any time.

Procedures Applicable to Grievance Steps. (a) Steps 1 and 2 shall be informal and the grievant and/or PEF shall meet with the appropriate step representative for the purpose of discussing the grievance, and attempting to reach a resolution. (b) No transcript is required at any step. However, either party may request that the review at Step 2 only be tape recorded at its expense and shall provide a copy of such tape recording to the other party. (c) Step 3 is intended primarily to be a review of the existing grievance file; provided, however, that additional exhibits and evidence may be submitted in writing. (d) Any meeting required by this Article may be mutually waived. (e) All of the time limits contained in this Article may be extended by mutual agreement. Extensions shall be confirmed in writing by the party requesting them. Upon failure of the State, or its representatives, to provide a decision within the time limits provided in this Article, the grievant or PEF, as appropriate at each step, may appeal to the next step. Upon failure of the grievant, or the grievant’s representative, to file an appeal from a written decision issued by the State or its representatives within the time limits provided in this Article, the grievance shall be deemed withdrawn. (f) A settlement of or an award upon a contract grievance may or may not be retroactive as the equities of each case demand, but in no event shall such a resolution be retroactive to a date earlier than 30 days prior to the date the contract grievance was first presented in accordance with this Article, or the date the contract grievance occurred, whichever is the later date. (g) A settlement of a contract grievance in Steps 1 through 3 shall constitute precedent in other and future cases only if the Director of the Governor’s Office of Employee Relations and the President of PEF agree, in writing, that such settlement shall have such effect. (h) The State shall supply in writing, with each copy of each step response, the name and address of the person to whom any appeal must be sent, and a statement of the applicable time limits for filing such an appeal. (i) All contract grievances, appeals appeals, responses and responses at Steps 1 and 2 demands for arbitration shall be submitted by certified mail, return receipt requested, or by personal service. All appeals and responses at Steps 3 and 4 time limits set forth in this Article shall be submitted via electronic mail, measured from the date of certified mail mailing or of receipt by personal service. Where submission is by certified mail, the date of filing mailing shall be that date appearing on the postal receipt; where submission is by electronic mail, the date of filing shall be the time/date stamp of the sent electronic mail message and where submission is by personal service, the date of filing shall be the date of receipt by personal service. Where submission is by electronic mail, materials sent by midnight Eastern Standard Time shall be considered filed that working day and received the next working day. Electronic mail filings shall be available within 90 days of ratification of this Agreement. Within 60 days of ratification of this Agreement, the State and PEF shall provide each other with notice of the official electronic mailbox addresses for Steps 3 and 4 filings/appeals/responses. During the term of this Agreement, the parties shall meet and discuss whether implementation of a pilot program for the electronic transmittal of grievance submission and responses at any or all Steps 1 and 2 of the grievance and arbitration procedure set forth in this Article is feasible and otherwise appropriate. If the parties are unable to negotiate an agreement regarding implementation of such a pilot program, they shall continue to submit Steps 1 and 2 the above-listed filings by certified mail, return receipt requested or by personal servicerequested. (j) Working days shall mean Monday through Friday, excluding holidays, unless otherwise specified, and days shall mean calendar days. (k) The State and PEF shall prepare, secure introduction and recommend passage by the Legislature of such legislation as may be appropriate and necessary to establish a special appropriation fund to be administered by the Department of Audit and Control to provide for prompt payments of settlements reached or arbitration awards issued pursuant to this Article. (l) The purpose of this Article is to provide a prompt, equitable and efficient procedure to review grievances filed by an employee or PEF. Both the State and PEF recognize the importance of the reasonable use of and resort to the procedure provided by this Article and the timely issuance of decisions to filed grievances among other aspects of the procedure provided by this Article. Representatives of the Governor’s Office of Employee Relations and PEF shall meet at mutually agreed upon times to discuss and take the necessary steps to resolve matters of mutual concern in the implementation and administration of this procedure. (m) A claimed failure to follow the procedural provisions of Article 33, Discipline Procedure, shall be reviewable in accordance with the provisions contained in that Article. (n) Following issuance of the decision at Step 2 but prior to the appeal by PEF to Step 3, a grievance may be amended to specify a different term or provision of the Agreement alleged to have been violated than specified at the submission of the grievance at Step 1. The amended grievance shall be forwarded by PEF to the agency or department head or the designee within 30 working days of the receipt of the Step 2 decision. Such amendment shall be in writing, and shall include a copy of the grievance filed at Step 1, a copy of all prior decisions and appeals, including the Step 2 decision, and a short, plain written statement noting the new term or provision of the Agreement alleged to have been violated. The agency or department head or a designee shall issue a short, plain written statement of reasons for the decision with respect to the new term or provision of the Agreement to the President of PEF no later than 20 working days following receipt of the amended grievance. In addition to the above process, a grievance at Step 2 may be amended by mutual consent of the parties. Upon implementation of electronic grievance submission pursuant to Article 34.5(i) above, grievances shall no longer be amended in accordance with the foregoing. Rather, grievances may thereafter be amended to specify different terms or provisions of the Agreement alleged to have been violated in conjunction with an appeal to Step 3. Such amendment shall be in writing, and shall include the documentation required by 34.4(c), and a statement noting the new terms or provisions of the Agreement alleged to have been violated. No other amendment(s) to the grievance shall be permitted except upon consent.

Procedures Applicable to Grievance Steps. (a) Steps 1 and 2 shall be informal and the grievant and/or PEF DC-37 shall meet with the appropriate step representative for the purpose of discussing the grievance, and attempting to reach a resolution. (b) No transcript is required at any stepStep. However, either party may request that the review at Step 2 only be tape tape-recorded at its expense and shall provide a copy of such tape tape-recording to the other party. (c) Step 3 is intended primarily to be a review of the existing grievance file; provided, however, that additional exhibits and evidence may be submitted in writing. (d) Any meeting required by this Article may be mutually waived. (e) All of the time limits contained in this Article may be extended by mutual agreement. Extensions shall be confirmed in writing by the party requesting them. Upon failure of the State, or its representatives, to provide a decision within the time limits provided in this Article, the grievant or PEF, as appropriate at each step, DC-37 may appeal to the next step. Upon failure of the grievant, or the grievant’s 's representative, to file an appeal from a written decision issued by the State or its representatives within the time limits provided in this Article, the grievance shall be deemed withdrawn. (f) A settlement of or an award upon a contract grievance may or may not be retroactive as the equities of each case demand, but in no event shall such a resolution be retroactive to a date earlier than 30 days prior to the date the contract grievance was first presented in accordance with this Article, or the date the contract grievance occurred, whichever is the later date. (g) A settlement of a contract grievance in Steps 1 through 3 shall constitute precedent in other and future cases only if the Director of the Governor's Office of Employee Relations and the President of PEF DC-37 agree, in writing, that such settlement shall have such effect. (h) The State shall supply in writing, with each copy of each step response, the name and address of the person to whom any appeal must be sent, and a statement of the applicable time limits for filing such an appeal. (i) All contract grievances, appeals appeals, responses and responses at Steps 1 and 2 demands for arbitration shall be submitted by certified mail, return receipt requested, or by personal service. All appeals and responses at Steps 3 and 4 time limits set forth in this Article shall be submitted via electronic mail, measured from the date of certified mail mailing or of receipt by personal service. Where submission is by certified mail, the date of filing mailing shall be that date appearing on the postal receipt; where submission is by electronic mail, the date of filing shall be the time/date stamp of the sent electronic mail message and where submission is by personal service, the date of filing shall be the date of receipt by personal service. Where submission is by electronic mail, materials sent by midnight Eastern Standard Time shall be considered filed that working day and received the next working day. Electronic mail filings shall be available within 90 days of ratification of this Agreement. Within 60 days of ratification of this Agreement, the State and PEF shall provide each other with notice of the official electronic mailbox addresses for Steps 3 and 4 filings/appeals/responses. During the term of this Agreement, the parties shall meet and discuss whether implementation of a pilot program for the electronic transmittal of grievance submission and responses at Steps 1 and 2 of the grievance and arbitration procedure set forth in this Article is feasible and otherwise appropriate. If the parties are unable to negotiate an agreement regarding implementation of such a pilot program, they shall continue to submit Steps 1 and 2 filings by certified mail, return receipt requested or by personal service. (j) Working days shall mean Monday through Friday, excluding holidays, unless otherwise specified, and days shall mean calendar days. (k) The State and PEF shall prepare, secure introduction and recommend passage by the Legislature of such legislation as may be appropriate and necessary to establish a special appropriation fund to be administered by the Department of Audit and Control to provide for prompt payments of settlements reached or arbitration awards issued pursuant to this Article. (l) The purpose of this Article is to provide a prompt, equitable and efficient procedure to review grievances filed by an employee or PEF. Both the State and PEF recognize the importance of the reasonable use of and resort to the procedure provided by this Article and the timely issuance of decisions to filed grievances among other aspects of the procedure provided by this Article. Representatives of the Office of Employee Relations and PEF shall meet at mutually agreed upon times to discuss and take the necessary steps to resolve matters of mutual concern in the implementation and administration of this procedure. (m) A claimed failure to follow the procedural provisions of Article 33, Discipline Procedure, shall be reviewable in accordance with the provisions contained in that Article. (n) Following issuance of the decision at Step 2 but prior to the appeal by PEF to Step 3, a grievance may be amended to specify a different term or provision of the Agreement alleged to have been violated than specified at the submission of the grievance at Step 1. The amended grievance shall be forwarded by PEF to the agency or department head or the designee within 30 working days of the receipt of the Step 2 decision. Such amendment shall be in writing, and shall include a copy of the grievance filed at Step 1, a copy of all prior decisions and appeals, including the Step 2 decision, and a short, plain written statement noting the new term or provision of the Agreement alleged to have been violated. The agency or department head or a designee shall issue a short, plain written statement of reasons for the decision with respect to the new term or provision of the Agreement to the President of PEF no later than 20 working days following receipt of the amended grievance. In addition to the above process, a grievance at Step 2 may be amended by mutual consent of the parties. No other amendment(s) to the grievance shall be permitted except upon consent.

Procedures Applicable to Grievance Steps. (a) a. Steps 1 and 2 shall be informal and the grievant and/or PEF DC-37 shall meet with the appropriate step representative for the purpose of discussing the grievance, and attempting to reach a resolution. (b) b. No transcript is required at any stepStep. However, either party may request that the review at Step 2 only be tape tape-recorded at its expense and shall provide a copy of such tape tape-recording to the other party. (c) c. Step 3 is intended primarily to be a review of the existing grievance file; provided, however, that additional exhibits and evidence may be submitted in writing. (d) d. Any meeting required by this Article may be mutually waived. (e) e. All of the time limits contained in this Article may be extended by mutual agreement. Extensions shall be confirmed in writing by the party requesting them. Upon failure of the State, or its representatives, to provide a decision within the time limits provided in this Article, the grievant or PEF, as appropriate at each step, DC-37 may appeal to the next step. Upon failure of the grievant, or the grievant’s 's representative, to file an appeal from a written decision issued by the State or its representatives within the time limits provided in this Article, the grievance shall be deemed withdrawn. (f) f. A settlement of or an award upon a contract grievance may or may not be retroactive as the equities of each case demand, but in no event shall such a resolution be retroactive to a date earlier than 30 days prior to the date the contract grievance was first presented in accordance with this Article, or the date the contract grievance occurred, whichever is the later date. (g) g. A settlement of a contract grievance in Steps 1 through 3 shall constitute precedent in other and future cases only if the Director of the Governor's Office of Employee Relations and the President of PEF DC-37 agree, in writing, that such settlement shall have such effect. (h) h. The State shall supply in writing, with each copy of each step response, the name and address of the person to whom any appeal must be sent, and a statement of the applicable time limits for filing such an appeal. (i) i. All contract grievances, appeals appeals, responses and responses at Steps 1 and 2 demands for arbitration shall be submitted by certified mail, return receipt requested, or by personal service. All appeals and responses at Steps 3 and 4 time limits set forth in this Article shall be submitted via electronic mail, measured from the date of certified mail mailing or of receipt by personal service. Where submission is by certified mail, the date of filing mailing shall be that date appearing on the postal receipt; where submission is by electronic mail, the date of filing shall be the time/date stamp of the sent electronic mail message and where submission is by personal service, the date of filing shall be the date of receipt by personal service. Where submission is by electronic mail, materials sent by midnight Eastern Standard Time shall be considered filed that working day and received the next working day. Electronic mail filings shall be available within 90 days of ratification of this Agreement. Within 60 days of ratification of this Agreement, the State and PEF shall provide each other with notice of the official electronic mailbox addresses for Steps 3 and 4 filings/appeals/responses. During the term of this Agreement, the parties shall meet and discuss whether implementation of a pilot program for the electronic transmittal of grievance submission and responses at Steps 1 and 2 of the grievance and arbitration procedure set forth in this Article is feasible and otherwise appropriate. If the parties are unable to negotiate an agreement regarding implementation of such a pilot program, they shall continue to submit Steps 1 and 2 filings by certified mail, return receipt requested or by personal service. (j) j. Working days shall mean Monday through Friday, excluding holidays, unless otherwise specified, and days shall mean calendar days. (k) k. The State and PEF DC-37 shall prepare, secure introduction and recommend passage by the Legislature legislature of such legislation as may be appropriate and necessary to establish a special appropriation fund to be administered by the Department of Audit and Control to provide for prompt payments of settlements reached or arbitration awards issued pursuant to this Article. (l) 1. The purpose of this Article is to provide a prompt, equitable and efficient procedure to review grievances filed by an employee or PEFDC-37. Both the State and PEF DC-37 recognize the importance of the reasonable use of and resort to the procedure provided by this Article and the timely issuance of decisions to filed grievances among other aspects of the procedure provided by this Article. Representatives of the Governor's Office of Employee Relations and PEF DC-37 shall meet at mutually agreed upon times to discuss and take the necessary steps to resolve matters of mutual concern in the implementation and administration of this procedure. (m) l. A claimed failure to follow the procedural provisions of Article 33, Discipline Procedure, shall be reviewable in accordance with the provisions contained in that Article. (n) Following issuance of the decision m. The State shall initiate contract grievances against DC-37 directly at Step 2 but prior to the appeal by PEF to Step 3, a grievance may be amended to specify a different term or provision of the Agreement alleged to have been violated than specified at the submission of the grievance at Step 1. The amended grievance shall be forwarded by PEF to the agency or department head or the designee within 30 working days of the receipt of the Step 2 decision. Such amendment shall be in writing, and shall include a copy of the grievance filed at Step 1, a copy of all prior decisions and appeals, including the Step 2 decision, and a short, plain written statement noting the new term or provision of the Agreement alleged to have been violated. The agency or department head or a designee shall issue a short, plain written statement of reasons for the decision with respect to the new term or provision of the Agreement to the President of PEF no later than 20 working days following receipt of the amended grievance. In addition to the above process, a grievance at Step 2 may be amended by mutual consent of the parties. No other amendment(s) to the grievance shall be permitted except upon consent4.

Procedures Applicable to Grievance Steps. (a) Steps 1 and 2 shall be informal and the grievant and/or PEF shall meet with the appropriate step representative for the purpose of discussing the grievance, and attempting to reach a resolution. (b) No transcript is required at any step. However, either party may request that the review at Step 2 only be tape recorded at its expense and shall provide a copy of such tape recording to the other party. (c) Step 3 is intended primarily to be a review of the existing grievance file; provided, however, that additional exhibits and evidence may be submitted in writing. (d) Any meeting required by this Article may be mutually waived. (e) All of the time limits contained in this Article may be extended by mutual agreement. Extensions shall be confirmed in writing by the party requesting them. Upon failure of the State, or its representatives, to provide a decision within the time limits provided in this Article, the grievant or PEF, as appropriate at each step, may appeal to the next step. Upon failure of the grievant, or the grievant’s representative, to file an appeal from a written decision issued by the State or its representatives within the time limits provided in this Article, the grievance shall be deemed withdrawn. (f) A settlement of or an award upon a contract grievance may or may not be retroactive as the equities of each case demand, but in no event shall such a resolution be retroactive to a date earlier than 30 days prior to the date the contract grievance was first presented in accordance with this Article, or the date the contract grievance occurred, whichever is the later date. (g) A settlement of a contract grievance in Steps 1 through 3 shall constitute precedent in other and future cases only if the Director of the Governor’s Office of Employee Relations and the President of PEF agree, in writing, that such settlement shall have such effect. (h) The State shall supply in writing, with each copy of each step response, the name and address of the person to whom any appeal must be sent, and a statement of the applicable time limits for filing such an appeal. (i) All contract grievances, appeals appeals, and responses and demands for arbitration at Steps 1 and 2 shall be submitted by certified mail, return receipt requested, or by personal service. All appeals and responses at Steps 3 and 4 shall be submitted via electronic mail, certified mail or by personal service. All time limits set forth in this Article shall be measured from the date of certified mailing or of receipt by personal service. Where submission is by certified mail, the date of mailing filing shall be that date appearing on the postal receipt.; where submission is by electronic mail, the date of filing shall be the time/date stamp of the sent electronic mail message and where submission is by personal service, the date of filing shall be the date of receipt by personal service. Where submission is by electronic mail, materials sent by midnight Eastern Standard Time shall be considered filed that working day and received the next working day. Electronic mail filings shall be available within 90 days of ratification of this Agreement. Within 60 days of ratification of this Agreement, the State and PEF shall provide each other with notice of the official electronic mailbox addresses for Steps 3 and 4 filings/appeals/responses. During the term of this Agreement, the parties shall meet and discuss whether implementation of a pilot program for the electronic transmittal of grievance submission and responses at any or all Steps 1 and 2 of the grievance and arbitration procedure set forth in this Article is feasible and otherwise appropriate. If the parties are unable to negotiate an agreement regarding implementation of such a pilot program, they shall continue to submit the above-listed Steps 1 and 2 filings by certified mail, return receipt requested or by personal service. (j) Working days shall mean Monday through Friday, excluding holidays, unless otherwise specified, and days shall mean calendar days. (k) The State and PEF shall prepare, secure introduction and recommend passage by the Legislature of such legislation as may be appropriate and necessary to establish a special appropriation fund to be administered by the Department of Audit and Control to provide for prompt payments of settlements reached or arbitration awards issued pursuant to this Article. (l) The purpose of this Article is to provide a prompt, equitable and efficient procedure to review grievances filed by an employee or PEF. Both the State and PEF recognize the importance of the reasonable use of and resort to the procedure provided by this Article and the timely issuance of decisions to filed grievances among other aspects of the procedure provided by this Article. Representatives of the Governor’s Office of Employee Relations and PEF shall meet at mutually agreed upon times to discuss and take the necessary steps to resolve matters of mutual concern in the implementation and administration of this procedure. (m) A claimed failure to follow the procedural provisions of Article 33, Discipline Procedure, shall be reviewable in accordance with the provisions contained in that Article. (n) Following issuance of the decision at Step 2 but prior to the appeal by PEF to Step 3, a grievance may be amended to specify a different term or provision of the Agreement alleged to have been violated than specified at the submission of the grievance at Step 1. The amended grievance shall be forwarded by PEF to the agency or department head or the designee within 30 working days of the receipt of the Step 2 decision. Such amendment shall be in writing, and shall include a copy of the grievance filed at Step 1, a copy of all prior decisions and appeals, including the Step 2 decision, and a short, plain written statement noting the new term or provision of the Agreement alleged to have been violated. The agency or department head or a designee shall issue a short, plain written statement of reasons for the decision with respect to the new term or provision of the Agreement to the President of PEF no later than 20 working days following receipt of the amended grievance. In addition to the above process, a grievance at Step 2 may be amended by mutual consent of the parties. Upon implementation of electronic grievance submission pursuant to Article 34.5(i) above, grievances shall no longer be amended in accordance with the foregoing. Rather, grievances may thereafter be amended to specify different terms or provisions of the Agreement alleged to have been violated in conjunction with an appeal to Step 3. Such amendment shall be in writing, and shall include the documentation required by 34.4(c), and a statement noting the new terms or provisions of the Agreement alleged to have been violated. No other amendment(s) to the grievance shall be permitted except upon consent.