Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day. (B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation. (C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance. (D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance. (E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases. (F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work. (G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step. (1) Step 1. (a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole. (b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 18 contracts
Samples: Collective Bargaining Agreement, Law Enforcement Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA FOP or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workUnion.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA FOP Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or designated representative may submit the grievance in writing, on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designated representative within 15 days following receipt of the decision at Step 1. The grievance form must contain the same information as the grievance filed at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written response and documents in support of the grievance.
(b) The Agency Head or designated representative shall communicate a decision in writing to the grievant and to the Union Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Agency Head fails to respond within the time limit, it shall be deemed a denial.
(c) If a grievance, alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the FOP representative, or the grievant or grievant’s representative, if not represented by FOP, may appeal the grievance to arbitration as provided in Article 6, Section 3(G)(4), below, within 15 days after receipt of the Step 2 decision.
Appears in 10 contracts
Samples: Collective Bargaining Agreement, Successor Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay delay, or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance. Grievances may be filed and responded to by facsimile, electronic mail, mail, or personal delivery.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(EB) The resolution of a the grievance prior to its submission in writing to Arbitration arbitration shall not establish a precedent binding on either the PBA Union or the state in other cases.
(FC) If a A grievance meetingmay be withdrawn by the grievant at any time at any step of this procedure, mediationprovided however, or arbitration hearing is held or requires reasonable travel time during that the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at same grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall may not be deemed filed a second time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of same party after the grievant’s place of workgrievance has been withdrawn.
(GD) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An The employee having may file a written grievance mayat Step 1, provided such written grievance is filed within 15 days following the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant employee or designated representative shall submit to the Step 1 Management Representative management representative a grievance form form, along with documents in support of the Step 1 grievance, as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management management representative or designee shall meet with the Union Representative to discuss the grievance and shall communicate a decision in writing to the employee and to the Union Representative, if any, within 10 days following receipt of the written grievance.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s representative may appeal the grievance in writing on the grievance form contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written Step 1 response and documentation in support of the grievance. The grievance form must be completed in its entirety.
(b) The Agency Head or designee may meet with the Union Representative to discuss the grievance. The Agency Head or designee shall communicate a decision in writing to the grievant and to the PBA Grievance RepresentativeUnion Representative within 15 days following receipt of the written grievance.
(3) Step 3
(a) If the grievance is not resolved at Step 2, if anythe grievant or the grievant’s FPD Representative may appeal the grievance in writing on the grievance form contained in Appendix B of this Agreement by submitting it to the Office Manager for the Office of the General Counsel of the Department of Management Services, 0000 Xxxxxxxxx Xxx, Xxxxx 000, Xxxxxxxxxxx, Xxxxxxx, 00000-0950, or by email to: Xxxx0Xxxxxxxxxx@xxx.xxxxxxxxx.xxx within 15 days following receipt of the decision at Step 2 provided the Step 2 decision is received on or before the due date. The grievance shall include a copy of the grievance form submitted at Steps 1 and 2, together with all written responses and documents in support of the grievance. The grievance form must be completed in its entirety.
(b) The Department of Management Services’ designee may meet with the Union Representative to discuss the grievance. The designee shall communicate a decision in writing to the grievant and the Union Representative within 15 days following receipt of the written grievance. If When the Management Representative fails to respond within grievance is eligible for initiation at Step 3, the time limit, it grievance shall be deemed a denialfiled on the grievance form contained in Appendix B of this Contract, setting forth specifically the facts on which the grievance is based, the specific provision(s) of the Contract allegedly violated, and the relief requested.
Appears in 8 contracts
Samples: Successor Agreement, Collective Bargaining Agreement, Successor Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management supervision having the authority to adjust the grievances. Grievances and grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, mail, or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business daypersonal delivery.
(B) After a grievance is presented, no new violation or issue can be raised.
(C) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of any participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(GE) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or the designated grievance representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement B, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it All written documents to be considered by the Step 1 Management Representative shall be presumed that submitted with the grievance alleges that form; however, if additional written documentation is obtained after the discipline was without cause and requests grievance is filed, such documentation may be presented at the grievant to be made wholeStep 1 meeting.
(b) The Step 1 Management Representative or designee designated representative shall meet to discuss the grievance and shall communicate a decision in writing to the grievant and the grievant’s representative, if any, within 15 days following the date the grievance is received at Step 1.
(c) Failure to communicate the decision within the specified time limit shall permit the grievant, or the PBA where appropriate, to proceed to the PBA Grievance Representativenext step.
(d) The number of days indicated at this step shall be considered as the maximum, and every effort will be made to expedite the process. However, the time limits specified in any step of this procedure may be extended in writing in any specific instance as long as necessary provided there is agreement by both sides.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s representative may submit it in writing to the Agency Head or designated representative within 10 days after receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1 and a copy of the Step 1 response, together with all written documents in support of the grievance.
(b) The Agency Head or designated representative may meet with the grievant and/or the grievant’s representative to discuss the grievance. If the grievance is initiated at Step 2, the parties shall meet to discuss the grievance. The Agency Head or designated representative shall communicate a decision in writing to the grievant and the grievant’s representative, if any, within 15 days following receipt of the written grievance. If .
(c) Failure to communicate the Management Representative fails to respond decision within the specified time limitlimit shall permit the grievant, it or the PBA where appropriate, to proceed to the next step.
(d) The number of days indicated at this step shall be deemed a denialconsidered as the maximum, and every effort will be made to expedite the process. However, the time limits specified in any step of this procedure may be extended in writing in any specific instance as long as necessary provided there is agreement by both sides.
Appears in 8 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances Grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management supervision having the authority to adjust the grievances. Nothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s). Grievances and grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, mail, or courierpersonal delivery. If sent via electronic facsimile, the burden shall be on the sending party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. ( 8:00
a. m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay delay, or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration arbitration shall not establish a precedent binding on either the PBA Association or the state in other cases.
(FE) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workAssociation.
(GF) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or her designated representative shall submit to the Step 1 Management Representative within 15 days following the event giving rise to the grievance a grievance form as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall The grievance form will be presumed that the grievance alleges that the discipline was without cause and requests submitted with any document(s) the grievant would like to be made wholehave considered at Step 1.
(b) The Step 1 Management Representative or designee shall meet to discuss the grievance and shall communicate a decision in writing to the grievant and the grievant’s representative, if any, within 10 days following the date of the meeting.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s representative may submit the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the PBA Grievance RepresentativeAgency Head or designee within 10 days following receipt of the decision at Step 1. The grievant must complete every section of the grievance form filed at Step 2 as similarly completed for a grievance filed at Step 1 and file it together with all written responses and documents in support of the grievance.
(b) The Agency Head or designee may meet with the grievant and/or designated representative to discuss the grievance. The Agency Head or designee shall communicate a decision in writing to the grievant and the grievant’s representative, if any, within 15 days following receipt of the written grievance. .
(c) If a grievance, alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the Management Representative fails Association representative, or the grievant or grievant’s representative, if not represented by, may appeal the grievance to respond arbitration as provided in Article 6, Section 3(F)(5), below, within 10 days after receipt of the time limit, it shall be deemed a denialStep 2 decision.
Appears in 7 contracts
Samples: Professional Health Care Unit Agreement, Professional Health Care Unit Agreement, Professional Health Care Unit Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance. Grievances may be filed and responded to by facsimile, electronic mail, mail, or personal delivery.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(EB) The resolution of a grievance prior to its submission in writing to Arbitration arbitration shall not establish a precedent binding on either the PBA Union or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(GC) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.:
(1) Step 1.
(a) An The employee having may file a written grievance mayat Step 1, provided such written grievance is filed within 15 days following the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant employee or designated representative shall submit to the Step 1 Management Representative management representative a grievance form form, along with documents in support of the Step 1 grievance, as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management management representative or designee shall meet with the grievant and/or the Union Representative to discuss the grievance and shall communicate a decision in writing to the grievant and to the Union Representative, if any, within 10 days following receipt of the written grievance.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s Union representative may appeal the grievance in writing on the grievance form contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written Step 1 response and documentation in support of the grievance. The grievance form must be completed in its entirety.
(b) The Agency Head or designee may meet with the Union Representative to discuss the grievance. The Agency Head or designee shall communicate a decision in writing to the grievant and to the PBA Grievance RepresentativeUnion Representative within 15 days following receipt of the written grievance.
(3) Step 3
(a) If the grievance is not resolved at Step 2, if anythe grievant or the grievant’s Union representative may appeal the grievance in writing on the grievance form contained in Appendix B of this Agreement by submitting it to the Office Manager for the Office of the General Counsel of the Department of Management Services, 0000 Xxxxxxxxx Xxx, Xxxxx 000, Xxxxxxxxxxx, Xxxxxxx, 00000-0950, or by email to: Xxxx0Xxxxxxxxxx@xxx.xxxxxxxxx.xxx within 15 days following receipt of the decision at Step 2 provided the Step 2 decision is received on or before the due date. The grievance shall include a copy of the grievance form submitted at Steps 1 and 2, together with all written responses and documents in support of the grievance. The grievance form must be completed in its entirety.
(b) The Department of Management Services’ designee may meet with the Union Representative to discuss the grievance. The designee shall communicate a decision in writing to the grievant and the Union Representative within 15 days following receipt of the written grievance. If When the Management Representative fails to respond within grievance is eligible for initiation at Step 3, the time limit, it grievance shall be deemed a denialfiled on the grievance form contained in Appendix B of this Contract, setting forth specifically the facts on which the grievance is based, the specific provision(s) of the Contract allegedly violated, and the relief requested.
Appears in 7 contracts
Samples: Successor Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, mail, or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business daypersonal delivery.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The Except for suspensions, the filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance. The employee shall notice the Agency Head or designated representative, in writing, of his intention to grieve, or appeal a suspension to the Public Employees Relations Commission, within ten days of the receipt of the final notice from the agency. Suspensions shall not be imposed until the final disposition of a grievance or appeal, if any, except where such suspension is made pending the outcome of a criminal investigation. The employee’s failure to notify the agency of his intention to grieve or appeal shall permit the agency to proceed with the suspension.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA Association or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workunion.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 7 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including emaile-mail), courier, or courierelectronic facsimile. If sent via electronic facsimile, the burden shall be on the sending Party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, section or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBAunion. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or his designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause cause, and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 10 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay delay, or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance. Grievances may be filed and responded to by facsimile, electronic mail, mail, or personal delivery.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(EB) The resolution of a grievance prior to its submission in writing to Arbitration arbitration shall not establish a precedent binding on either the PBA Union or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(GC) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An The employee having may file a written grievance mayat Step 1, provided such written grievance is filed within 15 days following the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant employee or designated representative shall submit to the Step 1 Management Representative management representative a grievance form form, along with documents in support of the Step 1 grievance, as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management management representative or designee shall meet with the grievant and/or the Union Representative to discuss the grievance and shall communicate a decision in writing to the grievant and to the Union Representative, if any, within 10 days following receipt of the written grievance.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s Union representative may appeal the grievance in writing on the grievance form contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written Step 1 response and documentation in support of the grievance. The grievance form must be completed in its entirety.
(b) The Agency Head or designee may meet with the Union Representative to discuss the grievance. The Agency Head or designee shall communicate a decision in writing to the grievant and to the PBA Grievance RepresentativeUnion Representative within 15 days following receipt of the written grievance.
(3) Step 3
(a) If the grievance is not resolved at Step 2, if anythe grievant or the grievant’s FPD Representative may appeal the grievance in writing on the grievance form contained in Appendix B of this Agreement by submitting it to the Office Manager for the Office of the General Counsel of the Department of Management Services, 0000 Xxxxxxxxx Xxx, Xxxxx 000, Xxxxxxxxxxx, Xxxxxxx, 00000-0950 or by email to Xxxx0Xxxxxxxxxx@xxx.xxxxxxxxx.xxx within 15 days following receipt of the decision at Step 2 provided the Step 2 decision is received on or before the due date. The grievance shall include a copy of the grievance form submitted at Steps 1 and 2, together with all written responses and documents in support of the grievance. The grievance form must be completed in its entirety.
(b) The Department of Management Services’ designee may meet with the Union Representative to discuss the grievance. The designee shall communicate a decision in writing to the grievant and the Union Representative within 15 days following receipt of the written grievance. If When the Management Representative fails to respond within grievance is eligible for initiation at Step 3, the time limit, it grievance shall be deemed a denialfiled on the grievance form contained in Appendix B of this Contract, setting forth specifically the facts on which the grievance is based, the specific provision(s) of the Contract allegedly violated, and the relief requested.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including emaile-mail), courier, or courierelectronic facsimile. If sent via electronic facsimile, the burden shall be on the sending Party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay delay, or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBAunion. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or his designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause cause, and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 10 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including emailNothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance.
(D) After Once a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2raised. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration at arbitration shall not establish a precedent binding on either the PBA FSFSA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, grievant or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediationmediations, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBAFSFSA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless parties. Unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances and grievance responses may be filed by hand-delivery, mail (including e-mail), courier, or electronic facsimile. If sent via electronic facsimile, the burden shall be on the sending party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00
a. m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(H) Grievances shall be presented and adjusted in the following manner, manner and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within Within 15 days following actual knowledge of the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or his designated representative shall submit to the Step 1 Management Representative a grievance form form, as contained in Appendix B of this Agreement B, setting forth specifically the complete known facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee may meet with the grievant and/or the FSFSA Grievance Representative, or the grievant or representative if not represented by the union and shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, his designated representative if any, within 15 10 days following receipt of the written grievance. If the Step 1 Management Representative fails to respond within the time limit, it shall be deemed a denial.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s FSFSA representative may appeal the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written Step 1 response and documentation in support of the grievance. The grievance form must be completed in its entirety.
(b) The Agency Head or designee may meet with the grievant and/or his designated representative, and shall communicate a decision in writing to the grievant and his designated representative if any, within 15 days following receipt of the written grievance. If the Agency Head or designee fails to respond within the time limits, it shall be deemed a denial.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or designated representative may submit the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designated representative within 15 days following receipt of the decision at Step 1. The grievance form must contain the same information as the grievance filed at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written response and documents in support of the grievance.
(b) The Agency Head or designated representative shall communicate a decision in writing to the grievant and the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Agency Head fails to respond within the time limit, it shall be deemed a denial.
(c) If a grievance, alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the PBA representative, or the grievant or grievant’s representative, if not represented by PBA, may appeal the grievance to arbitration as provided in Article 6, Section 3(G)(4), below, within 15 days after receipt of the Step 2 decision.
Appears in 5 contracts
Samples: Security Services Bargaining Agreement, Successor Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including emailNothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, of subject however, to the final disposition of the grievancethegrievance.
(D) After Once a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2raised. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration at arbitration shall not establish a precedent binding on either the PBA FSFSA or the state in other casesothercases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, grievant or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediationmediations, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBAFSFSA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless parties. Unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances and grievance responses may be filed by hand-delivery, mail (including e-mail), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(H) Grievances shall be presented and adjusted in the following manner, manner and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within Within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or his designated representative shall submit to the Step 1 Management Representative a grievance form form, as contained in Appendix B of this Agreement B, setting forth specifically the complete known facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee may meet with the grievant and/or the FSFSA Grievance Representative, or the grievant or representative if not represented by the union and shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, his designated representative if any, within 15 10 days following receipt of the written grievance. If the Step 1 Management Representative fails to respond within the time limit, it shall be deemed a denial.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s FSFSA representative may appeal the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written Step 1 response and documentation in support of the grievance. The grievance form must be completed in its entirety.
(b) The Agency Head or designee may meet with the grievant and/or his designated representative and shall communicate a decision in writing to the grievant and his designated representative if any, within 15 days following receipt of the written grievance. If the Agency Head or designee fails to respond within the time limits, it shall be deemed adenial.
(c) If a grievance, alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the FSFSA representative, or the grievant or grievant’s representative, if not represented by FSFSA, may appeal the grievance to arbitration as provided in Article 6, Section 3(H)(5), below, within 10 days after receipt of the Step 2 decision.
Appears in 5 contracts
Samples: Fire Service Bargaining Unit Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance.
(D) After Once a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2raised. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievantemployee, then the grievant employee shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration at Step 2 shall not establish a precedent binding on either the PBA FSFSA or the state in other cases.
(F) If a grievance meetingmeeting is held, mediationand a required participant must travel during work time, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall will be deemed time worked. A required participant is defined as the grievant, the designated FSFSA Grievance Representative located in the grievant’s district, or the FSFSA Grievance Representative from the nearest district if there is no designated representative in the grievant’s district, and any person required by the state to attend. Attendance at grievance meetings, mediation, or arbitration hearings meetings outside of a participant’s regular work working hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless parties. Unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1H) Step 1.
Grievances and grievance responses may be filed by hand-delivery, mail (a) An employee having a grievance mayincluding e-mail), within 15 days following the date on which the employee knew courier, or should have known of the event giving rise to the grievance, submit a grievance at Step 1electronic facsimile. In filing a grievance at Step 1If sent via electronic facsimile, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it burden shall be presumed that on the grievance alleges that sending party to confirm the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievancecorrect electronic facsimile number before transmission. If the Management Representative fails to respond within the time limit, it Documents shall be deemed a denialfiled upon receipt during regular business hours (8:00 a.m. to 5:00 p.m. E.S.T.). Documents received after business hours shall be considered received the next business day.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee The following rules shall govern any grievance proceeding:
1. The written grievance shall cite the agreement, contract, ordinance, policy, rule, or regulation under which the alleged violation, misinterpretation, or inequitable application occurred; the nature of grievance; and the desired resolution.
2. Forms for filing and processing grievances filed in accordance with this Article are to shall be presented and handled promptly prepared at the lowest direction of the Board and made available to all employees through their supervisors or the Association.
3. The time limits provided herein may be extended by mutual written agreement of the parties.
4. A grievant may be represented at any level of management having the authority to adjust the grievances. Grievances and this grievance responses may be filed procedure by hand-deliveryno more than three (3) representatives, mail (including email), or courier. Documents each of which shall be deemed filed upon receipt during regular business hours (8:00 a.m. designated in writing to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such appropriate supervisor prior to participation.
(C) 5. The filing or pendency Association shall receive copies of a grievance under the provisions of this Article shall in no way operate to impedeall grievances, delay or interfere with the right of the state to take the action complained ofappeals, subjectand dispositions, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant and shall have the right to amend that part of his grievanceattend all hearings held under this grievance procedure.
(E) The 6. A grievance may be resolved at any level by mutual agreement of the parties, provided such resolution is consistent with the terms and conditions of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either this Agreement and approved by the PBA or the state in other casesAssociation.
(F) If a 7. At all hearings conducted under this grievance meetingprocedure, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented may call witnesses and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise present evidence relevant to the grievance, submit a . Employees called to participate in any meeting or hearing under this grievance at Step 1procedure shall be excused to do so without loss of pay or benefits. In filing a grievance at Step 1, the grievant or designated representative Such excused time shall submit be limited only to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which that necessary to attend the grievance is based, the specific provision or provisions hearing.
8. Failure of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative administration or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails Board to respond within the time limit, it limit provided shall be deemed a denialdenial of the grievance and the grievant may appeal to the next level. Failure of the grievant to appeal within the time limit provided shall waive the grievant’s right to pursue the grievance. However, any grievance may be withdrawn at any level without establishing a precedent.
9. All records relating to a grievance shall be filed separately from the personnel file of the participant(s). No reprisal shall be taken against any employee for participation in any aspect of this grievance procedure.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including emaile-mail), courier, or courierelectronic facsimile. If sent via electronic facsimile, the burden shall be on the sending Party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, section or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBAunion. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 10 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee 1. All grievances shall be filed in accordance with this Article are the form attached as Appendix 3. If events or conditions affect a group of employees, the Association may choose to be presented and handled promptly at the lowest level file a consolidated grievance. If a number of management having the authority to adjust the grievances. Grievances and grievance responses grievances arise which contain common questions of fact, they may be filed by hand-deliveryconsolidated and processed as one grievance, mail (including email)except where such consolidation may prejudice the rights of any party.
2. The preparation and processing of grievances, or courier. Documents insofar as practicable, shall be deemed filed upon receipt conducted during regular business hours (8:00 a.m. of employment. All reasonable effort will be made to 5:00 p.m.)avoid interruption of work and/or involvement of students in any phase of the Grievance Procedure. Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against extra pay to any of the participants employee for time spent in the procedures contained herein by reason of such participation.
(C) The filing or pendency preparation and processing of a grievance under during non-school hours.
3. The Board and the provisions of this Article shall in no way operate Association agree to impedefacilitate any investigation, delay or interfere with the right of the state which may be required, and to take the action complained ofmake available material and relevant documents, subjectcommunications, however, to the final disposition of and records concerning the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 24. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the The grievant and Association shall have the right to amend that part be heard at all stages of his grievancethe grievance process.
(E) The resolution 5. All documents, communications, and records dealing with the processing of a grievance prior grievance, shall be filed separately from the personnel files of the participants, except for the award of settlement when applicable to its submission in writing the employee.
6. Nothing contained herein will be construed as limiting the right of any employee to Arbitration discuss any matter informally with any appropriate member of the Administration and having the matter informally resolved without recourse to the Grievance Procedure, provided that such resolution shall not establish create a precedent binding on either upon the PBA or the state parties in other casessimilar matters.
(F) If a 7. The Superintendent or his/her designee shall be responsible for accumulating and maintaining an official grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours record which shall consist of the grievantwritten grievance, a representative of all exhibits, transcripts, communications, minutes, and/or notes or testimony, as the grievantcase may be, or any required witnesses, such hours written arguments and briefs considered at all stages. The official grievance record shall be deemed time worked. Attendance at grievance meetingsavailable for inspection and/or copying by the aggrieved party, mediationthe Association, or arbitration hearings outside of a participant’s regular work hours and the Board, but shall not be deemed time workeda public record.
8. The state will not pay Nothing contained in this Article or elsewhere in the expenses Agreement shall be construed to permit the Association to present, process, or appeal a grievance involving discipline of participants attending such meetings the employee on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workany employee without his/her consent.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with a. A grievant has the right of self-representation at any step in the state grievance procedure and/or may choose to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After be accompanied or represented by a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2union representative. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by If United Academics does not represent the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a the grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time workedinconsistent with the terms of this Agreement.
b. A bargaining unit member may choose to self-represent but request that a union representative be present. The state In that case, the union representative will not pay only observe the expenses of participants attending such meetings on behalf process.
c. Time is of the PBAessence in presenting grievances. All grievance meetings shall Grievances must be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held filed within 50 miles thirty days of the grievant’s place date of work.
(G) Grievances shall be presented and adjusted in the following manneract, and no individual may respond to a omission, or commencement of the condition upon which the grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following is based; or from the date on which that the employee grievant knew or should have known of the event giving rise to act, omission, or commencement of the grievancecondition if it is a later date, submit except as noted in Section 3(d) and 3(e).
d. Grievances alleging a grievance violation of Article VI. Non-Discrimination must be filed within 180 days of the alleged harmful act at Step 1. In filing 3.
e. If a grievant can demonstrate an xxxxxxx attempt to resolve a potential grievance at Step 1informally within thirty days of the date of the act, omission, or commencement of the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on condition upon which the grievance is based, or from the specific provision date that the grievant knew or provisions should have known of the Agreement allegedly act, omission or commencement of the condition, the grievance time limits will automatically be extended to forty-five days.
f. Grievances filed by United Academics, on its own behalf, will be filed at Step 3.
g. Once a grievance is filed, neither the grievant nor United Academics shall alter the written grievance to amend the allegation with respect to those provisions alleged to have been violated, and misinterpreted, or improperly applied as defined within Section 2(a).
h. Failure to initiate a grievance or an appeal within the relief requested. In discipline cases, it specified time limits shall be presumed that constitute a waiver of the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt acceptance of the written grievancedecision rendered. If the Management Representative Employer fails to respond communicate the decision on the grievance within the time limitlimits, it shall the grievant may proceed to the next step.
i. The Employer may refuse consideration of a grievance not filed in accordance with this Article.
j. The Parties may agree to modify the time limits in any step of the grievance procedure. Reasonable requests to modify the time limits will be deemed a denialgranted. Any agreement to modify the time limits must be in writing.
k. A grievance may be withdrawn by the grievant at any time.
l. A grievance may not be presented under this Article for an act or omission which occurred prior to the effective date of this Agreement.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances Grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management supervision having the authority to adjust the grievances. Nothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s). Grievances and grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, mail, or courierpersonal delivery. If sent via electronic facsimile, the burden shall be on the sending party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. 8:00
a. m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration arbitration shall not establish a precedent binding on either the PBA Association or the state in other cases.
(FE) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workAssociation.
(GF) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or her designated representative shall submit to the Step 1 Management Representative management representative within 15 days following the occurrence of the event giving rise to the grievance a grievance form as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall The grievance form will be presumed that the grievance alleges that the discipline was without cause and requests submitted together with any document(s) the grievant would like to be made wholehave considered at Step 1.
(b) The Step 1 Management Representative management representative or designee shall meet to discuss the grievance and shall communicate a decision in writing to the grievant and the grievant’s representative, if any, within 10 days following the date of the meeting.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s representative may submit the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievant must complete every section of the grievance form filed at Step 2 as similarly completed for a grievance filed at Step 1 and file it together with all written responses and documents in support of the grievance.
(b) The Agency Head or designee may meet with the grievant and/or designated representative to discuss the grievance. The Agency Head or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representativegrievant’s representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 3 contracts
Samples: Master Contract, Master Contract, Master Contract
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), courier, or courierelectronic facsimile. If sent via electronic facsimile, the burden shall be on the sending Party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 10 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A1) Employee grievances The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, xxxxxxxx’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 10 of this contract. This grievance shall be filed in accordance quadruplicate with this Article are to be presented one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and handled promptly at one for the lowest level of management having the authority to adjust the grievancesHuman Resources Department. Grievances and A formal grievance responses may shall be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issueas soon as possible, but in no event later longer than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph ten (10) days after disclosure of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event facts giving rise to the grievance, submit . Within five (5) days of the filing of the formal grievance in writing a grievance at Step 1. In filing a grievance at Step 1meeting shall take place between the immediate supervisor, the grievant or designated grievant, and the Association representative shall submit and an answer to the Step 1 Management Representative a grievance form as contained shall be given to the grievant in Appendix B of this Agreement setting forth specifically writing within five (5) days after the complete facts on which meeting. If the grievance is basednot settled at Level One, the specific provision or provisions Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the Agreement allegedly violatedgrievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the relief requestedBoard’s Appeal Committee. In discipline cases, it The Board’s Appeal Committee shall be presumed that give a written decision on the grievance alleges that the discipline was without cause within five (5) days thereafter and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the PBA Grievance Representative, if any, Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within 15 twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written grievance. If the Management Representative fails to respond within the time limit, it decision shall be deemed a denialtransmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 3 contracts
Samples: Master Contract, Master Contract, Master Contract
Procedures. (A1) Employee grievances The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, xxxxxxxx’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 5 of this contract. This grievance shall be filed in accordance quadruplicate with this Article are to be presented one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and handled promptly at one for the lowest level of management having the authority to adjust the grievancesHuman Resources Department. Grievances and A formal grievance responses may shall be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issueas soon as possible, but in no event later longer than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph ten (10) days after disclosure of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event facts giving rise to the grievance, submit . Within five (5) days of the filing of the formal grievance in writing a grievance at Step 1. In filing a grievance at Step 1meeting shall take place between the immediate supervisor, the grievant or designated grievant, and the Association representative shall submit and an answer to the Step 1 Management Representative a grievance form as contained shall be given to the grievant in Appendix B of this Agreement setting forth specifically writing within five (5) days after the complete facts on which meeting. If the grievance is basednot settled at Level One, the specific provision or provisions Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the Agreement allegedly violatedgrievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the relief requestedBoard’s Appeal Committee. In discipline cases, it The Board’s Appeal Committee shall be presumed that give a written decision on the grievance alleges that the discipline was without cause within five (5) days thereafter and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the PBA Grievance Representative, if any, Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within 15 twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written grievance. If the Management Representative fails to respond within the time limit, it decision shall be deemed a denialtransmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the Association, in its sole discretion, may submit the grievance to binding arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 3 contracts
Samples: Master Contract, Master Contract, Master Contract
Procedures. (A) Employee grievances Grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management supervision having the authority to adjust the grievances. Nothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s). Grievances and grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, mail, or courierpersonal delivery. If sent via electronic facsimile, the burden shall be on the sending party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. 8:00
a. m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay delay, or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration arbitration shall not establish a precedent binding on either the PBA Association or the state in other cases.
(FE) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workAssociation.
(GF) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or her designated representative shall submit to the Step 1 Management Representative within 15 days following the event giving rise to the grievance a grievance form as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall The grievance form will be presumed that the grievance alleges that the discipline was without cause and requests submitted with any document(s) the grievant would like to be made wholehave considered at Step 1.
(b) The Step 1 Management Representative or designee shall meet to discuss the grievance and shall communicate a decision in writing to the grievant and the grievant’s representative, if any, within 10 days following the date of the meeting.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s representative may submit the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the PBA Grievance RepresentativeAgency Head or designee within 10 days following receipt of the decision at Step 1. The grievant must complete every section of the grievance form filed at Step 2 as similarly completed for a grievance filed at Step 1 and file it together with all written responses and documents in support of the grievance.
(b) The Agency Head or designee may meet with the grievant and/or designated representative to discuss the grievance. The Agency Head or designee shall communicate a decision in writing to the grievant and the grievant’s representative, if any, within 15 days following receipt of the written grievance. .
(c) If a grievance, alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the Management Representative fails Association representative, or the grievant or grievant’s representative, if not represented by, may appeal the grievance to respond arbitration as provided in Article 6, Section 3(F)(5), below, within 10 days after receipt of the time limit, it shall be deemed a denialStep 2 decision.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. Except as provided herein, any arbitration shall be based upon the Procedures for the Resolution of U.S. Insurance and Reinsurance Disputes, Regular Panel Version, dated April 2004 (A) Employee grievances filed the “Procedures”), developed by the Effective: January 1, 2009 Page 14 of 44 2009 Agency Markets Workers’ Compensation Catastrophe Reinsurance Contract Insurance and Reinsurance Dispute Resolution Task Force, subject to the following modifications:
1. Qualifications of the arbitrators and umpires shall be in accordance with this Article are section 6.2 of the Procedures, except that other professionals who have worked for at least 10 years for an insurer or reinsurer shall also be qualified to serve as an arbitrator or umpire.
2. The Parties hereby designate the umpire list maintained by XXXXX (U.S.) as the list to be presented used in the event that section 6.7(a) of the Procedures is invoked.
3. Unless otherwise mutually agreed, the members of the Panel shall be impartial and handled disinterested. The members of the Panel may not be: (1) in the control of any Party or its parent, affiliate, or agent, (2) a former director or officer of any Party or its parent, affiliate, or agent, or (3) a likely witness in the arbitration. The requirement of impartiality means that all members of the Panel shall have the same obligation to approach the Panel’s duties and decisions with fairness and without consideration for the fact that Panel members may have been appointed by one of the Parties. The requirement of impartiality does not mean that any arbitrator can have no previous knowledge of or experience with respect to issues involved in the dispute or disputes.
4. The first sentence of Section 10.4 of the Procedures shall be replaced by the following sentence: “The Panel shall require that each Party submit concise written statements of position, including summaries of the facts and evidence a Party intends to present, discussion of the applicable law and the basis for the requested Award or denial of relief sought.”
5. Once the Panel has been constituted, no Party (or anyone acting for a Party) shall have any communications concerning the arbitration or any of the issues before the Panel with any member of the Panel that is not also disclosed to all other Parties and all members of the Panel. Each Panel member shall have a continuing duty to disclose promptly to all Parties and all Panel members any violation of this prohibition and the specifics of any improper communications that occurred. This prohibition shall remain in place until all challenges to any arbitration awards and decisions have been either waived or finally concluded.
Section 11.1 of the Procedures shall be replaced by the following provision: “The Parties may propound discovery seeking disclosure of such information and/or documents relevant to the dispute or necessary for the proper resolution of the dispute.”
7. Position statements may be amended at any reasonable time, but not later than the lowest level close of management having discovery without a showing to the Panel that the Effective: January 1, 2009 Page 15 of 44 2009 Agency Markets Workers’ Compensation Catastrophe Reinsurance Contract amending Party could not reasonably have raised the new claim or issue at an earlier time.
8. The Panel shall hold an evidentiary hearing, if one is necessary, within one year of the arbitration demand, unless the Parties otherwise agree. Should a Party seek a reasonable extension to this time frame for good cause shown, the other Party’s agreement shall not be unreasonably withheld.
9. To the extent permitted by the law, the Panel shall have the authority to adjust the grievances. Grievances issue subpoenas and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. other orders to 5:00 p.m.). Documents received after business hours shall be considered received the next business dayenforce its decisions.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) 10. The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, Panel may award reasonable attorneys’ fees and arbitration costs to the final disposition of the grievance.
(D) After a grievance is presentedprevailing Party, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is as determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievancePanel.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 3 contracts
Samples: Workers’ Compensation Catastrophe Excess of Loss Reinsurance Contract, Workers’ Compensation Catastrophe Excess of Loss Reinsurance Contract (Liberty Mutual Agency Corp), Workers’ Compensation Catastrophe Excess of Loss Reinsurance Contract (Liberty Mutual Agency Corp)
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay delay, or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance. Grievances may be filed and responded to by facsimile, electronic mail, mail, or personal delivery.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(EB) The resolution of a grievance prior to its submission in writing to Arbitration arbitration shall not establish a precedent binding on either the PBA Union or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(GC) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An The employee having may file a written grievance mayat Step 1, provided such written grievance is filed within 15 days following the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant employee or designated representative shall submit to the Step 1 Management Representative management representative a grievance form form, along with documents in support of the Step 1 grievance, as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management management representative or designee shall meet with the grievant and/or the Union Representative to discuss the grievance and shall communicate a decision in writing to the grievant and to the Union Representative, if any, within 10 days following receipt of the written grievance.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s FPD representative may appeal the grievance in writing on the grievance form contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written Step 1 response and documentation in support of the grievance. The grievance form must be completed in its entirety.
(b) The Agency Head or designee may meet with the Union Representative to discuss the grievance. The Agency Head or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, Union Representative within 15 days following receipt of the written grievance. .
(3) Step 3
(a) If the grievance is not resolved at Step 2, the grievant or the grievant’s FPD Representative may submit the grievance in writing on the grievance form contained in Appendix B of this Agreement to the Office Manager for the Office of the General Counsel of the Department of Management Services, 0000 Xxxxxxxxx Xxx, Xxxxx 000, Xxxxxxxxxxx, Xxxxxxx, 00000-0950 within 15 days following receipt of the decision at Step 2. The grievance shall include a copy of the grievance form submitted at Steps 1 and 2, together with all written responses and documents in support of the grievance. The grievance form must be completed in its entirety.
(b) The Department of Management Services’ designee may meet with the Union Representative fails to respond discuss the grievance. The designee shall communicate a decision in writing to the grievant and the Union Representative within 15 days following receipt of the time limit, it shall be deemed a denialwritten grievance.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Successor Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management supervision having the authority to adjust the grievances. Grievances and grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, mail, or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business daypersonal delivery.
(B) After a grievance is presented, no new violation or issue can be raised.
(C) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of any participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workunion.
(GE) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.Oral Discussion
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, submit initiate the grievance by presenting it orally to the Oral Step representative or by filing a written grievance at Step 1. The Oral Step representative shall make every effort to resolve the grievance at the Oral Step, including meeting to discuss the grievance if such meeting is requested by the grievant or the grievant’s representative if a meeting is deemed necessary by the Oral Step representative. The Oral Step representative shall communicate a decision to the grievant and the grievant’s representative, if any, within 10 days following the date the grievance is received at the Oral Step.
(b) Failure to communicate the decision within the specified time limit shall permit the grievant, or the Union where appropriate, to proceed to the next step.
(c) The number of days indicated at this step shall be considered as the maximum, and every effort will be made to expedite the process. However, the time limits specified in any step of this procedure may be extended in writing in any specific instance as long as necessary provided there is agreement by both sides.
(d) The Oral Step representative for correctional institutions shall be the Chief Correctional Officer or designee. The Oral Step representative for community corrections shall be the Circuit Administrator, or designee. The Oral Step representative for employees in the institutional security specialist series shall be the Security Chief or designee.
(2) Step 1
(a) If the grievant elects to utilize the oral discussion step and the grievance is not resolved, the grievant or the designated grievance representative may submit it in writing to the Step 1 management representative within 10 days following the receipt of the oral step decision. If the grievant elects not to utilize the oral discussion provision of this section he may file a written grievance at Step 1, provided such written grievance is filed within 15 days following the occurrence of the event giving rise to the grievance. In filing a grievance at Step 1, the grievant or the designated grievance representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement B, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it All written documents to be considered by the Step 1 Management Representative shall be presumed that submitted with the grievance alleges that form; however, if additional written documentation is obtained after the discipline was without cause and requests grievance is filed, such documentation may be presented at the grievant to be made wholeStep 1 meeting.
(b) The Step 1 Management Representative or designee designated representative shall meet to discuss the grievance and shall communicate a decision in writing to the grievant and the grievant’s representative, if any, within 15 days following the date the grievance is received at Step 1.
(c) Failure to communicate the decision within the specified time limit shall permit the grievant, or the Union where appropriate, to proceed to the PBA Grievance Representativenext step.
(d) The number of days indicated at this step shall be considered as the maximum, and every effort will be made to expedite the process. However, the time limits specified in any step of this procedure may be extended in writing in any specific instance as long as necessary provided there is agreement by both sides.
(3) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s representative may submit it in writing to the Agency Head or designated representative within 10 days after receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1 and a copy of the Step 1 response, together with all written documents in support of the grievance. When the grievance is eligible for initiation at Step 2, the grievance form must contain the same information as a grievance filed at Step 1 above.
(b) The Agency Head or designated representative may meet with the grievant and/or the grievant’s representative to discuss the grievance. If the grievance is initiated at Step 2, the parties shall meet to discuss the grievance. The Agency Head or designated representative shall communicate a decision in writing to the grievant and the grievant’s representative, if any, within 15 days following receipt of the written grievance. If .
(c) Failure to communicate the Management Representative fails to respond decision within the specified time limitlimit shall permit the grievant, it or the Union where appropriate, to proceed to the next step.
(d) The number of days indicated at this step shall be deemed considered as the maximum, and every effort will be made to expedite the process. However, the time limits specified in any step of this procedure may be extended in writing in any specific instance as long as necessary provided there is agreement by both sides.
(4) Step 3 – Contract Language Disputes
(a) If a denialgrievance concerning the interpretation or application of this Agreement, other than a grievance alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the designated Union representative, or the grievant or his representative, if not represented by the Union, may appeal the grievance, in writing, to the Department of Management Services within 15 days after receipt of the decision at Step 2. The grievance shall include a copy of the grievance form submitted at Steps 1 and 2, together with all written responses and documents in support of the grievance. The Department of Management Services shall discuss the grievance with the Union representative, or the grievant or representative if not represented by the Union. When the grievance is eligible for initiation at Step 3, the grievance form must contain the same information as the grievance filed at Step 1 above.
(b) The Department of Management Services shall communicate a decision in writing to the grievant and his representative within 15 days following receipt of the written grievance.
(c) Failure to communicate the decision within the specified time limit shall permit the grievant, or the Union where appropriate, to proceed to the next step.
(d) The number of days indicated at this step shall be considered as the maximum, and every effort will be made to expedite the process. However, the time limits specified in any step of this procedure may be extended in writing in any specific instance as long as necessary provided there is agreement by both sides.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher’s immediately involved supervisor to resolve problems through informal communications. Such communications do not always require Association representation. When requested by the teacher or the administrator, an Association representative will accompany the teacher to assist in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any informal resolution of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subjectgrievance. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
Step A. The teacher or the Association may present the grievance in writing to the final disposition immediately involved supervisor, who will arrange for a meeting to take place within six (6) days after the receipt of the grievance.
(D) After a grievance is presented, no new violation or issue can . The grievant and the immediately involved supervisor will be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause present for the consideration of such new issue, but in no event later than meeting. The Association representative may be present at the filing of a contract language grievance at Step 3, or meeting if the filing of a disciplinary grievance at Step 2grievant makes this request. When an issue is unchanged, but it is determined that an article, section, or paragraph Within ten (10) days of the Agreement has been cited imprecisely or erroneously by the grievantmeeting, the grievant and the Association shall be provided with the supervisor’s written response, including reasons for the decision.
Step B. If the grievance is not resolved in Step A, then the grievant may refer the grievance to the Superintendent or the Superintendent’s official designee within ten (10) days after the Step A answer or within eleven (11) days after the Step A meeting, whichever is later. The Superintendent shall arrange for a meeting to take place within ten (10) days of the Superintendent’s receipt of the appeal. Each party shall have the right to amend that part include in its representation such witnesses or counselors as it deems necessary. Within ten (10) days of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of Association and the grievant, a representative if other than the Association, shall be provided with the Superintendent’s written response, including reasons for the decision.
Step C. If the Association is not satisfied with the disposition of the grievantgrievance at Step B, or any required witnessesthe time limits expire without the issuance of the Superintendent’s written reply, such hours the Association may submit the grievance to binding arbitration. The American Arbitration Association shall act as the administrator of the proceedings. If a demand for arbitration is not filed within twenty (20) days of the receipt of the Step B answer or within twenty-one (21) days after the Step B meeting, then the grievance shall be deemed time workedwithdrawn.
1. Attendance at grievance meetings, mediation, Neither the Board nor the Association shall be permitted to assert any grounds or arbitration hearings outside of a participant’s regular work hours shall evidence before the arbitrator which was not be deemed time workedpreviously disclosed to the other party.
2. The state will not pay arbitrator shall have no power to alter the expenses terms of participants attending such meetings on behalf this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her by the Board and the Association, and his/her decision shall be based only upon interpretation of the PBAmeaning or the application of the expressed relevant language of the Agreement. All grievance meetings The award of the arbitrator shall be held at times final and locations agreed to by binding on both parties.
3. Each party shall bear the parties except that, unless agreed otherwise, all meetings full costs of its representation in the arbitration. The costs of arbitration and the AAA shall be held within 50 miles divided equally between the parties.
4. If either party requests a transcript of the grievant’s place proceedings, the party shall bear the full cost of work.
(G) Grievances that transcript. If both parties order a transcript, the cost of the two transcripts shall be presented and adjusted in divided equally between the following manner, and no individual may respond to parties. If a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known copy of the event giving rise transcript shall be furnished to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1arbitrator, the grievant or designated representative shall submit to cost of such will be divided equally between the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made wholeparties.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, mail, or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business daypersonal delivery.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The Except for suspensions, the filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance. The employee shall notice the Agency Head or designated representative, in writing, of his intention to grieve, or appeal a suspension to the Public Employees Relations Commission, within ten days of the receipt of the final notice from the agency. Suspensions shall not be imposed until the final disposition of a grievance or appeal, if any, except where such suspension is made pending the outcome of a criminal investigation. The employee’s failure to notify the agency of his intention to grieve or appeal shall permit the agency to proceed with the suspension.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA Association or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workunion.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, submit file a written grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Association Grievance Representative, if any, within 10 days following receipt of the written grievance.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or designated representative may submit the grievance in writing, on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designated representative within 10 days following receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written response and documents in support of the grievance. When the grievance is eligible for initiation at Step 2, the grievance form must contain the same information as a grievance filed at Step 1. The Agency Head or designated representative may meet with the employee, and/or with an Association Grievance Representative, at the employee’s option, to discuss the grievance.
(b) The Agency Head or designated representative shall communicate a decision in writing to the grievant and to the Association Grievance Representative within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) A. Step 1.
(a) 1. An employee having a grievance may, shall file the applicable grievance form (Appendix C) at Human Resources within 15 thirty (30) days following the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, submit a . The grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting set forth specifically the complete facts on which the grievance is based, the specific provision or provisions provision(s) of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative Chief of Police or designee shall communicate schedule a Step 1 meeting between the grievant, the grievant's designated represent active, grievant's supervisor, or other appropriate individuals. The grievant shall have the right to present any evidence in support of the grievance at this meeting. If the meeting does not result in resolution of the grievance, the Chief of Police or designee will proceed with processing the grievance and issuing a written decision, stating the reasons therefore, to grievant or xxxxxxxx's designated representative within thirty (30) days following the conclusion of the meeting, unless an extension has been granted. If an extension was granted, the decision in writing shall be issued by the agreed upon date. A copy of the decision shall be sent to the grievant and to the PBA Grievance Representativeif grievant elected not to be represented by the PBA. The decision shall be transmitted by personal delivery with written documentation of receipt or by certified mail, return receipt requested.
2. Where practicable, the University shall make available to the grievant or grievant's designated representative, documentation referenced in the Step 1 decision prior to its issuance. All documents referred to in the decision and any additional documents presented by the grievant shall be attached to the decision, together with a list of these documents. In advance of the Step 1 meeting, the grievant shall have the right, upon written request, to a copy of documents identified as relevant to the grievance.
3. In the absence of an agreement to extend the period for issuing the Step 1 decision, the grievant may proceed to Step 2 if anythe grievant or grievant's designated representative has not received the written decision by the end of the thirtieth (30th) day following the conclusion of the Step 1 meeting.
B. Step 2 ‐ Management Rep r es en tativ e
1. If the grievance is not satisfactorily resolved at Step 1, the grievant may file a written request for review (using Appendix D form) with the Step 2 Management Representative within 15 thirty (30) days following receipt of the Step 1 decision by grievant or xxxxxxxx's designated representative. When the grievance is eligible for initiation at Step 2, the grievance form must contain the same information as a grievance filed at Step 1 above. The Step 2 Management Representative may have a meeting with the employee and/or the designated representative to discuss the grievance.
2. The Step 2 Management Representative shall issue a written grievancedecision to the grievant or xxxxxxxx's designated representative, stating the reasons therefore, within thirty (30) days following the conclusion of the meeting.
C. Step 3 ‐ Arbitration.
1. If the Management Representative fails grievance is not resolved at Step 2, the grievant or grievant's designated representative may appeal the Step 2 decision to respond within the time limit, it Arbitration on a Notice of Arbitration form as set forth in Appendix E; this appeal shall be deemed filed within thirty (30) days after receipt of the decision at Step 2. A grievant may appeal a denialgrievance to Arbitration whether or not he/she was represented by the PBA at an earlier step.
2. The University and the PBA may, by written agreement, submit related grievances for hearing before the same arbitrator.
3. The arbitrator shall be one person from a panel of seven (7) permanent arbitrators, mutually selected by the University and the PBA to serve for any case or cases submitted. If agreement is not reached on one or more of the seven (7) arbitrators within sixty (60) days following the signing or effective date of this Agreement, whichever is later, the parties may, by mutual agreement, request the Federal Mediation and Conciliation Service, American Arbitration Association, or the Florida Public Employee Relations Commission to provide a list of fifteen (15) arbitrators. The University and the PBA shall select the arbitrator(s) by alternately striking from the list until the required number of names remain. The party to strike first shall be determined by the flip of a coin.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier., or electronic facsimile. If sent via electronic facsimile, the burden shall be on the sending Party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 10 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance. Grievances may be filed and responded to by facsimile, electronic mail, mail, or personal delivery.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(EB) The resolution of a grievance prior to its submission in writing to Arbitration arbitration shall not establish a precedent binding on either the PBA Union or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(GC) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.:
(1) Step 1.
(a) An The employee having may file a written grievance mayat Step 1, provided such written grievance is filed within 15 days following the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant employee or designated representative shall submit to the Step 1 Management Representative management representative a grievance form form, along with documents in support of the Step 1 grievance, as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management management representative or designee shall meet with the grievant and/or the Union Representative to discuss the grievance and shall communicate a decision in writing to the grievant and to the Union Representative, if any, within 10 days following receipt of the written grievance.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s FPD representative may appeal the grievance in writing on the grievance form contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written Step 1 response and documentation in support of the grievance. The grievance form must be completed in its entirety.
(b) The Agency Head or designee may meet with the Union Representative to discuss the grievance. The Agency Head or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, Union Representative within 15 days following receipt of the written grievance. .
(3) Step 3
(a) If the grievance is not resolved at Step 2, the grievant or the grievant’s FPD representative may submit the grievance in writing on the grievance form contained in Appendix B of this Agreement, to the Office Manager for the Office of the General Counsel of the Department of Management Services, 0000 Xxxxxxxxx Xxx, Xxxxx 000, Xxxxxxxxxxx, Xxxxxxx, 00000-0950 within 15 days following receipt of the decision at Step 2. The grievance shall include a copy of the grievance form submitted at Steps 1 and 2, together with all written responses and documents in support of the grievance. The grievance form must be completed in its entirety.
(b) The Department of Management Services’ designee may meet with the Union Representative fails to respond discuss the grievance. The designee shall communicate a decision in writing to the grievant and the Union Representative within 15 days following receipt of the time limit, it shall be deemed a denialwritten grievance.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, mail, or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business daypersonal delivery.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The Except for suspensions, the filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance. The employee shall notice the Agency Head or designated representative, in writing, of his intention to grieve, or appeal a suspension to the PERC, within ten days of the receipt of the final notice from the agency. Suspensions shall not be imposed until the final disposition of a grievance or appeal, if any, except where such suspension is made pending the outcome of a criminal investigation. The employee’s failure to notify the agency of his intention to grieve or appeal shall permit the agency to proceed with the suspension.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA Association or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workAssociation.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, submit file a written grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Association Grievance Representative, if any, within 10 days following receipt of the written grievance.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or designated representative may submit the grievance in writing, on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designated representative within 10 days following receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written response and documents in support of the grievance. When the grievance is eligible for initiation at Step 2, the grievance form must contain the same information as a grievance filed at Step 1. The Agency Head or designated representative may meet with the employee, and/or with an Association Grievance Representative, at the employee’s option, to discuss the grievance.
(b) The Agency Head or designated representative shall communicate a decision in writing to the grievant and to the Association Grievance Representative within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. ., or electronic facsimile. If sent via electronic facsimile, the burden shall be on the sending Party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 10 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Law Enforcement Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including emailNothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance.
(D) After Once a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2raised. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration at arbitration shall not establish a precedent binding on either the PBA FSFSA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, grievant or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediationmediations, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBAFSFSA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless parties. Unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances and grievance responses may be filed by hand-delivery, mail (including e-mail), courier, or electronic facsimile. If sent via electronic facsimile, the burden shall be on the sending party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00
a. m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(H) Grievances shall be presented and adjusted in the following manner, manner and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within Within 15 days following actual knowledge of the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or his designated representative shall submit to the Step 1 Management Representative a grievance form form, as contained in Appendix B of this Agreement B, setting forth specifically the complete known facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee may meet with the grievant and/or the FSFSA Grievance Representative, or the grievant or representative if not represented by the union and shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, his designated representative if any, within 15 10 days following receipt of the written grievance. If the Step 1 Management Representative fails to respond within the time limit, it shall be deemed a denial.
(1) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s FSFSA representative may appeal the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written Step 1 response and documentation in support of the grievance. The grievance form must be completed in its entirety.
(b) The Agency Head or designee may meet with the grievant and/or his designated representative and shall communicate a decision in writing to the grievant and his designated representative if any, within 15 days following receipt of the written grievance. If the Agency Head or designee fails to respond within the time limits, it shall be deemed a denial.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. Except as provided herein, any arbitration shall be based upon the Procedures for the Resolution of U.S. Insurance and Reinsurance Disputes, Regular Panel Version, dated April 2004 (A) Employee grievances filed the “Procedures”), developed by the Insurance and Reinsurance Dispute Resolution Task Force, subject to the following modifications:
1. Qualifications of the arbitrators and umpires shall be in accordance with this Article are section 6.2 of the Procedures, except that other professionals who have worked for at least 10 years for an insurer or reinsurer shall also be qualified to serve as an arbitrator or umpire. Catastrophe Excess of Loss Reinsurance Addendum 4 No. 0100300-SUM09
2. The Parties hereby designate the umpire list maintained by XXXXX (U.S.) as the list to be presented used in the event that section 6.7(a) of the Procedures is invoked.
3. Unless otherwise mutually agreed, the members of the Panel shall be impartial and handled disinterested. The members of the Panel may not be: (1) in the control of any Party or its parent, affiliate, or agent, (2) a former director or officer of any Party or its parent, affiliate, or agent, or (3) a likely witness in the arbitration. The requirement of impartiality means that all members of the Panel shall have the same obligation to approach the Panel’s duties and decisions with fairness and without consideration for the fact that Panel members may have been appointed by one of the Parties. The requirement of impartiality does not mean that any arbitrator can have no previous knowledge of or experience with respect to issues involved in the dispute or disputes.
4. The first sentence of Section 10.4 of the Procedures shall be replaced by the following sentence: “The Panel shall require that each Party submit concise written statements of position, including summaries of the facts and evidence a Party intends to present, discussion of the applicable law and the basis for the requested Award or denial of relief sought.”
5. Once the Panel has been constituted, no Party (or anyone acting for a Party) shall have any communications concerning the arbitration or any of the issues before the Panel with any member of the Panel that is not also disclosed to all other Parties and all members of the Panel. Each Panel member shall have a continuing duty to disclose promptly to all Parties and all Panel members any violation of this prohibition and the specifics of any improper communications that occurred. This prohibition shall remain in place until all challenges to any arbitration awards and decisions have been either waived or finally concluded.
Section 11.1 of the Procedures shall be replaced by the following provision: “The Parties may propound discovery seeking disclosure of such information and/or documents relevant to the dispute or necessary for the proper resolution of the dispute.”
7. Position statements may be amended at any reasonable time, but not later than the lowest level close of management having discovery without a showing to the Panel that the amending Party could not reasonably have raised the new claim or issue at an earlier time.
8. The Panel shall hold an evidentiary hearing, if one is necessary, within one year of the arbitration demand, unless the Parties otherwise agree. Should a Party seek a reasonable extension to this time frame for good cause shown, the other Party’s agreement shall not be unreasonably withheld.
9. To the extent permitted by the law, the Panel shall have the authority to adjust the grievances. Grievances issue subpoenas and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. other orders to 5:00 p.m.). Documents received after business hours shall be considered received the next business dayenforce its decisions.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) 10. The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, Panel may award reasonable attorneys’ fees and arbitration costs to the final disposition of the grievance.
(D) After a grievance is presentedprevailing Party, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is as determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievancePanel.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 2 contracts
Samples: Novation and Amendment Agreement (Liberty Mutual Agency Corp), Novation and Amendment Agreement (Liberty Mutual Agency Corp)
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievancesA. Step 1
1. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under form with Human Resources shall initiate the provisions of this Article formal grievance process. The Step 1 Management Representative shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After schedule a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by meeting between the grievant, the grievant’s Xxxxxxx/AFSCME Employee Representative, and any other appropriate individual within fifteen (15) days following receipt of the grievance if no postponement is requested, or receipt of written notice that the grievant wishes to proceed with the Step 1 meeting if a postponement was previously requested. The grievant shall have the right to amend that part present any evidence in support of his the grievance at this meeting. If the meeting does not result in resolution of the grievance, the Step 1 Management Representative will proceed with processing the grievance and issuing a written decision, stating the reasons therefore, to grievant’s Xxxxxxx/AFSCME Employee Representative within thirty (30) days following the conclusion of the meeting, unless an extension has been granted. If an extension was granted, the decision shall be issued by the agreed upon date. A copy of the decision and documents referenced in the decision shall be sent to the grievant and to the AFSCME Representative or to the AFSCME President if grievant elected not to be represented by AFSCME. The decision shall be transmitted by personal delivery with written documentation of receipt or by certified mail, return receipt requested.
2. Where practicable, the Step 1 Management Representative shall make available to the grievant or grievant’s Xxxxxxx/AFSCME Employee Representative, documentation referenced in the Step 1 decision prior to its issuance. All documents referred to in the Step 1 decision and any additional documents presented by the grievant shall be attached to the decision, together with a list of these documents. In advance of the Step 1 meeting, the grievant or the grievant’s Xxxxxxx/AFSCME Employee Representative shall have the right, upon written request, to a copy of documents identified as relevant to the grievance.
(E) The resolution 3. In the absence of a grievance prior an agreement to its submission in writing extend the period for issuing the Step 1 decision, the grievant may proceed to Arbitration shall not establish a precedent binding on either Step 2 if the PBA grievant or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place Xxxxxxx/AFSCME Employee Representative has not received the written decision by the end of workthe 30th day following the conclusion of the Step 1 meeting.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.B. Step 2
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a If the grievance is not satisfactorily resolved at Step 1, the grievant or designated representative shall submit to may file a written request for review with Human Resources within thirty (30) days following receipt of the Step 1 decision by the grievant or the grievant’s Xxxxxxx/AFSCME Employee Representative. The Step 2 Management Representative, grievant or the grievant’s AFSCME Staff Representative shall schedule a meeting for the purpose of reviewing the matter within fifteen (15) days following receipt of the request for review.
2. The Step 2 Management Representative shall issue a grievance form as contained in Appendix B of this Agreement setting forth specifically written decision, stating the complete facts on which reasons therefore, to the grievance is based, grievant or the specific provision or provisions grievant’s AFSCME Staff Representative within thirty (30) days following the conclusion of the Agreement allegedly violated, and the relief requestedmeeting. In discipline casesthe absence of an agreement to extend the period for issuing the Step 2 decision, it AFSCME may proceed to Step 3 if the AFSCME Staff Representative has not received the written decision by the end of the 30th day following the conclusion of the Step 2 meeting. A copy of the decision shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing sent to the grievant and to AFSCME if the PBA Grievance Representativegrievant elected not to be represented by AFSCME. The decision shall be transmitted by personal delivery with written documentation of receipt or by certified mail, if anyreturn receipt requested.
C. Step 3 – Arbitration
1. If the grievance is not resolved at Step 2, AFSCME may appeal the decision to Arbitration on a Request for Arbitration Form within 15 thirty (30) days following after receipt of the decision.
2. The Board and AFSCME may, by written grievance. If agreement, submit related grievances for hearing before the Management Representative fails to respond within the time limit, it shall be deemed a denialsamearbitrator.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including emaile-mail), courier, or courierelectronic facsimile. If sent via electronic facsimile, the burden shall be on the sending Party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBAunion. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 10 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 2 contracts
Samples: Law Enforcement Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances Grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management supervision having the authority to adjust the grievances. Nothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s). Grievances and grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, mail, or courierpersonal delivery. If sent via electronic facsimile, the burden shall be on the sending party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. 8:00
a. m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay delay, or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration arbitration shall not establish a precedent binding on either the PBA Association or the state in other cases.
(FE) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workAssociation.
(GF) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or her designated representative shall submit to the Step 1 Management Representative within 15 days following the event giving rise to the grievance a grievance form as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall The grievance form will be presumed that the grievance alleges that the discipline was without cause and requests submitted with any document(s) the grievant would like to be made wholehave considered at Step 1.
(b) The Step 1 Management Representative or designee shall meet to discuss the grievance and shall communicate a decision in writing to the grievant and the grievant’s representative, if any, within 10 days following the date of the meeting.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s representative may submit the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the PBA Grievance RepresentativeAgency Head or designee within 10 days following receipt of the decision at Step 1. The grievant must complete every section of the grievance form filed at Step 2 as similarly completed for a grievance filed at Step 1 and file it together with all written responses and documents in support of the grievance.
(b) The Agency Head or designee may meet with the grievant and/or designated representative to discuss the grievance. The Agency Head or designee shall communicate a decision in writing to the grievant and the grievant’s representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including emailNothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance.
(D) After Once a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2raised. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration at arbitration shall not establish a precedent binding on either the PBA FSFSA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, grievant or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediationmediations, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBAFSFSA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless parties. Unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances and grievance responses may be filed by hand-delivery, mail (including e-mail), or courier., or electronic facsimile. If sent via electronic facsimile, the burden shall be on the sending party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00
a. m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(H) Grievances shall be presented and adjusted in the following manner, manner and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within Within 15 days following the date on which the employee knew or should have known actual knowledge of the occurrence of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or his designated representative shall submit to the Step 1 Management Representative a grievance form form, as contained in Appendix B of this Agreement B, setting forth specifically the complete known facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee may meet with the grievant and/or the FSFSA Grievance Representative, or the grievant or representative if not represented by the union and shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, his designated representative if any, within 15 10 days following receipt of the written grievance. If the Step 1 Management Representative fails to respond within the time limit, it shall be deemed a denial.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s FSFSA representative may appeal the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written Step 1 response and documentation in support of the grievance. The grievance form must be completed in its entirety.
(b) The Agency Head or designee may meet with the grievant and/or his designated representative and shall communicate a decision in writing to the grievant and his designated representative if any, within 15 days following receipt of the written grievance. If the Agency Head or designee fails to respond within the time limits, it shall be deemed a denial.
(c) If a grievance, alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the FSFSA representative, or the grievant or grievant’s representative, if not represented by FSFSA, may appeal the grievance to arbitration as provided in Article 6, Section 3(H)(5), below, within 10 days after receipt of the Step 2 decision.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance.
(D) After Once a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2raised. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievantemployee, then the grievant employee shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration at Step 2 shall not establish a precedent binding on either the PBA FSFSA or the state in other cases.
(F) If a grievance meetingmeeting is held, mediationand a required participant must travel during work time, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall will be deemed time worked. A required participant is defined as the grievant, the designated FSFSA Grievance Representative located in the grievant’s district, or the FSFSA Grievance Representative from the nearest district if there is no designated representative in the grievant’s district, and any person required by the state to attend. Attendance at grievance meetings, mediation, or arbitration hearings meetings outside of a participant’s regular work working hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless parties. Unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1H) Step 1.
Grievances and grievance responses may be filed by hand-delivery, mail (a) An employee having a grievance mayincluding e-mail), within 15 days following the date on which the employee knew courier, or should have known of the event giving rise to the grievance, submit a grievance at Step 1electronic facsimile. In filing a grievance at Step 1If sent via electronic facsimile, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it burden shall be presumed that on the grievance alleges that sending party to confirm the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievancecorrect electronic facsimile number before transmission. If the Management Representative fails to respond within the time limit, it Documents shall be deemed a denialfiled upon receipt during regular business hours (8:00
a. m. to 5:00 p.m. E.S.T.). Documents received after business hours shall be considered received the next business day.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay delay, or interfere with the right of the state Employer to take the action complained of, subject, subject however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(EB) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA Union or the state Employer in any other casesgrievance.
(C) A grievance may be withdrawn by the grievant at any time, for any reason, and at any step of the grievance procedures. A withdrawn grievance may be re-filed within the time limits specified in (1) (a) below.
(D) Time limits enumerated below shall be binding on all parties unless waived in writing by the parties.
(E) If an employee initiates a grievance procedure and fails to appeal a decision to a higher level, the decision rendered prior to failure to appeal shall be final and binding.
(F) If any Employer representative fails to issue a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours decision at any step of the grievantgrievance procedure, a representative the grievant and/or the Union may immediately proceed to the next step of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workprocedure.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.:
(1) Step 1.1- Grievances at the Manager's Level
(a) An employee having a grievance may, within 15 Within seven (7) days following the date on which the employee knew or should have known of the an event giving rise to a grievance or within (7) days of the grievancetime the employee should have been reasonably expected to have learned of the event, an employee may submit a written grievance to the Manager for resolution. Grievances filed as a result of the employee's and/or the Union's disagreement with a decision rendered by the Manager at Step 1. the informal discussion level shall be submitted within seven (7) days after receipt of the decision.
(b) In filing a grievance at Step 1written grievance, the grievant or designated representative employee shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting set forth specifically the complete facts and issues on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases.
(c) The Manager shall meet with the employee, it and Union Representative if applicable, to discuss the grievance and shall communicate a decision in writing to the employee and Union Representative, if any, within seven (7) days following the date of the meeting.
(d) If dissatisfied with the Manager's decision, the employee and/or the Union may appeal the decision to the Employer's Area Manager within seven (7) days after receipt of such decision.
(2) Step 2 - Grievances at the Area Manager Level
(a) Appeals to the Area Manager shall be presumed that submitted by the employee and/or the Union, in writing and shall include copies of the original written grievance alleges that the discipline was without cause and requests the grievant to be made wholeManager's decision.
(b) The Area Manager may, at his discretion, choose to meet with the employee and/or the Union to discuss the grievance appeal. The Area Manager shall communicate a decision in writing to the employee and Union Representative, if any, within ten (10) days following receipt of the appeal.
(c) If dissatisfied with the decision of the Area Manager, the employee and/or the Union may appeal the Area Manager's decision to the Chief Executive Officer or designee within ten (10) days after receipt of such decision from the Area Manager.
(3) Step 1 Management Representative 3 - Grievances at the Chief Executive Officer or designee Level
(a) Appeals to the Chief Executive Officer or designee shall be submitted by the employee and/or the Union, in writing, and shall include copies of the original written grievance, Manager's decision, and the decision of the Area Manager.
(b) The Chief Executive Officer or designee may, at his discretion, choose to meet with the employee and/or the Union to discuss the grievance appeal. The Chief Executive Officer or designee shall communicate a decision in writing to the grievant employee and to the PBA Grievance Union Representative, if any, within 15 ten (10) days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denialappeal.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Employee grievances filed a. Grievance proceedings shall be kept informal and confidential at all levels of this procedure. Breach of confidentiality may result in accordance with this Article are to be presented and handled promptly disciplinary action.
b. The number of days indicated at the lowest each level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours this procedure shall be considered received a maximum, and every effort shall be made to expedite the next business dayprocess.
(B) There shall be no reprisals against c. If the College fails to comply with the time limit requirements as set forth under any of the participants in procedure levels, the procedures contained herein by reason grievance shall be considered automatically appealed to the next level of such participationthe procedure.
(C) The filing or pendency of a grievance under d. If the provisions of this Article shall in no way operate grievant fails to impede, delay or interfere comply with the right grievant’s time limit requirements as set forth under any of the state to take procedure levels, the action complained of, subject, however, to the final disposition of the grievancegrievance shall be considered null and void.
(D) After a grievance is presented, no new violation or issue can e. The time limits set forth herein may be raised unless extended provided the Parties agree extension has been mutually agreed upon in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievanceparties.
(E) The resolution of a f. A grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay considered unless the expenses of participants attending such meetings on behalf of grievant files the PBA. All grievance meetings shall be held at times and locations agreed to by no later than ten (10) days after the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee grievant knew or reasonably should have known of the event giving rise action that precipitated the grievance.
g. No reprisal or retaliation by any party to the grievance shall be taken against any party as a result of participation in the proceeding of a grievance.
x. X xxxxxxxx and the party charged may be accompanied and represented at any hearing or meeting conducted under this procedure.
i. An adjunct faculty member, submit acting individually, may present a grievance at Step 1without the intervention of the Federation provided the grievance has been processed in accordance with this procedure. In filing At any hearing of a grievance at Step 1brought individually by an adjunct faculty member, the grievant or designated representative Federation as a party to this Agreement, will be afforded the opportunity to be present and present its views. Any adjustment made shall submit to be consistent with the Step 1 Management Representative provisions of this Agreement.
j. If a grievance form as affects a group of two or more adjunct faculty members of the bargaining unit or involves a decision or action by the College that has a system-wide impact, the Federation may submit the grievance on behalf of the affected adjunct faculty members at Level Two of this procedure. The parties may submit this grievance at Level One if all of the members of the bargaining unit affected by the grievance have the same supervisor.
k. The parties shall cooperate in any investigation that may be necessary in order to expedite the process.
l. All documents related to a grievance shall be maintained in a separate grievance file and shall not be kept in the personnel file of any of the grievance participants.
m. All grievances and grievance responses shall be filed and processed on grievance forms mutually agreed upon by the parties and contained in an Appendix B of this Agreement setting forth specifically Agreement.
n. Unless otherwise agreed to by the complete facts on which parties, the processing of grievances shall be conducted during non-instruction time.
o. All decisions shall be submitted in writing at each step of the grievance is based, the specific provision or provisions of the Agreement allegedly violated, procedure and the relief requested. In discipline cases, it decision shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant submitted to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to both the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denialFederation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management supervision having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) Once a grievance is presented, no new violation or issue can be raised.
(C) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing meeting is held or requires reasonable travel time during the regular work working hours of the grievant, a representative of the grievant, or any required witnessesparticipant, such hours participant shall be deemed time workedexcused without loss of pay for that purpose. Attendance at grievance meetings, mediation, or arbitration hearings meetings outside of a participant’s regular work working hours shall not be deemed time worked. The state .
(E) All grievances will not pay be presented at the expenses Oral Step, with the following exceptions:
(1) If a grievance arises from the action of participants attending such meetings on behalf an official higher than the Step 1 Management Representative, the grievance shall be initiated at Step 2 or 3 as appropriate, by submitting a grievance form as set forth in Step 1 within 14 days following the occurrence of the PBAevent giving rise to the grievance.
(2) A dispute involving the interpretation or application of a provision of this Contract which gives a right to the Union as an employee organization may be presented by the Union as a grievance. All Such grievance meetings shall be held initiated at times and locations agreed to by Step 3 of this procedure, in accordance with the parties except thatprovisions set forth therein, unless agreed otherwise, all meetings shall be held within 50 miles 14 days of the grievant’s place occurrence of workthe event giving rise to the grievance.
(F) Any employee who has not attained permanent status in the Career Service can only bring non-discipline grievances to Step 3 as provided for in this Article.
(G) Grievances shall be presented and adjusted in the following manner, and no one individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having . In the event a grievance mayis not answered in a timely manner at the preceding step, within 15 days following the date on which State agrees not to remand the employee knew or should have known grievance for the purpose of obtaining the answer without the mutual agreement of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made wholeUnion.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 1 contract
Samples: Master Contract
Procedures. (A) Employee grievances filed in accordance Grievances shall be processed as rapidly as possible. All grievance hearings shall be closed to outside parties unless by mutual agreement. Level One: A grievant may initiate the procedure by filing a written statement of grievance, citing the relevant provisions of the Agreement, with this Article are to be presented and handled promptly the person at the lowest administrative level of management having the with authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of decide the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state A meeting will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed a mutually acceptable time to by discuss the parties except that, unless agreed otherwise, all meetings shall be held grievance within 50 miles five (5) days of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievancestatement. The immediate supervisor shall respond in writing with reasons for his/her decision within five (5) days of the meeting. If the Management Representative fails grievance is unresolved, the grievance may be appealed to respond Level Two. Level Two: The written grievance may be advanced to Level Two, by certified mail or by email, to the District Superintendent within 15 working days of the receipt of response of the Level One. The Superintendent shall conduct a hearing within ten (10) days of receipt of the appeal at a mutually agreeable time and place. At this hearing, the Superintendent shall hear facts, evidence, and the arguments of the representative of the decision-maker and of the grievant. If the Superintendent is the decision-maker at the hearing, he/she shall present the facts, evidence and argument supporting the decision made, as well as listening to the presentation of the grievant. A written decision must be made within five (5) days from the date of the hearing. If unresolved, the grievant may appeal at Level Three. Level Three: The written grievance may be advanced to Level Three by certified mail or by email to the District requesting arbitration within 15 working days of the receipt of the response of the Level Two. The Association or their representative may submit a written grievance by certified mail or by email, to arbitration. The arbitrator will be selected from the list of arbitrators supplied by the American Arbitration Association (AAA). He/she shall be selected using the procedures of the AAA. The arbitrator shall render his/her written decision within thirty (30) days. Should the arbitrator be unable to meet the thirty (30) day timeframe, the parties shall consider extending the time limitallowed. The Alaska Uniform Arbitration Act (Chapter 43, it shall be deemed a denialTitle 9, Alaska Statutes) is incorporated into this article by reference.
Appears in 1 contract
Samples: Negotiated Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, mail, or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business daypersonal delivery.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The Except for suspensions, the filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance. The employee shall notice the Agency Head or his designated representative, in writing, of his intention to grieve, or appeal a suspension to the Public Employees Relations Commission, within ten days of the receipt of the final notice from the agency. Suspensions shall not be imposed until the final disposition of a grievance or appeal, if any, except where such suspension is made pending the outcome of a criminal investigation. The employee’s failure to notify the agency of his intention to grieve or appeal shall permit the agency to proceed with the suspension.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the employee grievant, the employee grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA Association or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work working hours of any required participant the grievant, a representative of the grievant, or any required witnesses, such participant shall be excused without loss of pay for that purpose hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of the a participant’s regular work working hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workunion.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.Oral Discussion
(a) An employee having a grievance may, within 14 15 days following the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, submit present the grievance orally, for informal discussion, to the management representative who has the authority to adjust the grievance, or may file a written grievance at Step 1. The management representative shall make every effort to resolve the grievance promptly, and shall communicate a decision to the grievant and designated representative, if any, within 10 days following the date the grievance is received at the Oral Step.
(b) If the grievance is not resolved by such informal discussion, the employee grievant may, within 14 10 days following the date of that discussion, submit a written grievance at Step 1 of this procedure.
(2) Step 1
(a) If the employee grievant elects not to utilize the oral discussion provision of this section he may file a written grievance at Step 1, provided such written grievance is filed within 14 15 days following the occurrence of the event giving rise to the grievance. In filing a grievance at Step 1, the employee grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the employee grievant and to the PBA Association Grievance Representative, if any, within 14 10 days following receipt of the written grievance form.
(3) Step 2
(a) If the grievance is not resolved at Step 1, the employee grievant or designated representative may submit it in writing to the Agency Head or designated representative within 14 10 days following receipt of the decision at Step 1. When the grievance is eligible for initiation at Step 2, the grievance form must contain the same information as a grievance filed at Step 1. The Agency Head or designated representative may meet with the employee, and/or with an Association Grievance Representative, at the employee’s option, to discuss the grievance.
(b) The Agency Head or designated representative shall communicate a decision in writing to the employee grievant and to the Association Grievance Representative within 21 15 days following receipt of the written grievance. .
(4) Step 3 – Contract Language Disputes Step 3 shall serve as the final and binding step for all matters which are grievable, but not arbitrable, under this Agreement.
(a) If the Management a grievance concerning the interpretation or application of this Agreement, other than a grievance alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the employee grievant or designated representative may submit the grievance it in writing on the appropriate form as contained in Appendix B of this Agreement, to the DMS within 14 15 days following receipt of the decision at Step 2. The grievance shall include a copy of the grievance forms submitted at Steps 1 and 2, together with all written responses and documents in support of the grievance. When the grievance is eligible for initiation at Step 3, the grievance form must contain the same information as a grievance filed at Step 1 above.
(b) The DMS may shall meet with the Association Staff Representative fails discuss the grievance with the Association Grievance Representative, or grievant or his representative if not represented by the Association. or designee to respond discuss the grievance. The DMS shall communicate a decision in writing to the employee grievant and to the designated Association Staff Rrepresentative within 21 15 days following receipt of the time limit, it shall be deemed a denialwritten grievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including emailNothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, of subject however, to the final disposition of the grievancethegrievance.
(D) After Once a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2raised. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration at arbitration shall not establish a precedent binding on either the PBA FSFSA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, grievant or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediationmediations, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBAFSFSA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless parties. Unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances and grievance responses may be filed by hand-delivery, mail (including e-mail), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(H) Grievances shall be presented and adjusted in the following manner, manner and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within Within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or his designated representative shall submit to the Step 1 Management Representative a grievance form form, as contained in Appendix B of this Agreement B, setting forth specifically the complete known facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee may meet with the grievant and/or the FSFSA Grievance Representative, or the grievant or representative if not represented by the union and shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, his designated representative if any, within 15 10 days following receipt of the written grievance. If the Step 1 Management Representative fails to respond within the time limit, it shall be deemed a denial.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s FSFSA representative may appeal the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written Step 1 response and documentation in support of the grievance. The grievance form must be completed in its entirety.
(b) The Agency Head or designee may meet with the grievant and/or his designated representative and shall communicate a decision in writing to the grievant and his designated representative if any, within 15 days following receipt of the written grievance. If the Agency Head or designee fails to respond within the time limits, it shall be deemed adenial.
(c) If a grievance, alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the FSFSA representative, or the grievant or grievant’s representative, if not represented by FSFSA, may appeal the grievance to arbitration as provided in Article 6, Section 3(H)(5), below, within 10 days after receipt of the Step 2 decision.
Appears in 1 contract
Samples: Fire Service Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with 3.1 Grievance proceedings shall be kept informal and confidential at all levels of this Article are to be presented and handled promptly procedure.
3.2 The number of days indicated at the lowest each level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours this procedure shall be considered received maximum, and every effort shall be made to expedite the process.
3.3 If the District fails to comply with the time limit requirements as set forth herein, the grievance shall be considered automatically appealed to the next business daylevel of the procedure.
(B) There 3.3.1 If the Union fails to comply with the time limit requirements as set forth herein, the grievance shall be considered null and void.
3.4 The time limits set forth herein shall only be extended by express, mutual written permission.
3.5 A grievance shall not be considered unless the grievant initiates the grievance in writing no reprisals against any later than twenty (20) workdays after the grievant knew or should have reasonably known of the participants action that precipitated the grievance.
3.6 A grievant may be accompanied and represented by a Federation representative at any meeting or hearing conducted under this procedure. The party against whom the grievance has been filed may also be accompanied and represented by a representative of the party’s choice at any hearing or meeting conducted under this procedure.
3.7 No reprisal or retaliation by any party to the grievance shall be taken against either a grievant or a party of interest as a result of participation by the grievant or the party of interest in the procedures contained herein by reason processing of such participationa grievance.
(C) The filing or pendency 3.8 Any employee, acting individually, may present a grievance. At any hearing of a grievance under brought individually by an employee, the Federation as a party to this agreement, will be afforded the opportunity to be present and present its views. Any adjustment shall be consistent with the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievanceAgreement.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) 3.9 If a grievance meetingaffects a group of two (2) or more employees or involves an action or a decision by the District which has a system wide impact, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of Federation may submit the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All affected employees.
3.10 The parties shall cooperate in any investigation that may be necessary in order to expedite the process.
3.11 Documents related to a grievance meetings shall be held at times maintained separate from any employee’s personnel file.
3.12 All grievances and locations grievance responses shall be filed and processed on grievance forms mutually agreed upon by the parties found in this Agreement’s Appendix.
3.13 Unless otherwise agreed to by the parties except thatparties, unless agreed otherwise, all meetings the processing of grievances shall be held within 50 miles of conducted before or after the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.workday;
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including emailNothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance.
(D) After Once a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2raised. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration at arbitration shall not establish a precedent binding on either the PBA FSFSA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, grievant or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediationmediations, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBAFSFSA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless parties. Unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances and grievance responses may be filed by hand-delivery, mail (including e-mail), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(H) Grievances shall be presented and adjusted in the following manner, manner and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within Within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or his designated representative shall submit to the Step 1 Management Representative a grievance form form, as contained in Appendix B of this Agreement B, setting forth specifically the complete known facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee may meet with the grievant and/or the FSFSA Grievance Representative, or the grievant or representative if not represented by the union and shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, his designated representative if any, within 15 10 days following receipt of the written grievance. If the Step 1 Management Representative fails to respond within the time limit, it shall be deemed a denial.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s FSFSA representative may appeal the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written Step 1 response and documentation in support of the grievance. The grievance form must be completed in its entirety.
(b) The Agency Head or designee may meet with the grievant and/or his designated representative and shall communicate a decision in writing to the grievant and his designated representative if any, within 15 days following receipt of the written grievance. If the Agency Head or designee fails to respond within the time limits, it shall be deemed a denial.
(c) If a grievance, alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the FSFSA representative, or the grievant or grievant’s representative, if not represented by FSFSA, may appeal the grievance to arbitration as provided in Article 6, Section 3(H)(5), below, within 10 days after receipt of the Step 2 decision.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the havethe right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance Attenda nce at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 1 contract
Samples: Law Enforcement Bargaining Agreement
Procedures. 1. Grievance proceedings shall be kept informal at all levels of this procedure.
2. The number of days indicated at each level of this procedure shall be considered maximum, and every effort shall be made to expedite the process.
3. If the District fails to comply with the time limit requirements as set forth in these procedures, the matter will be adjudicated in favor of the grievant.
4. If the grievant or the Union fails to comply with the time limit requirements as set forth in these procedures, the grievance shall be considered null and void.
5. The time limits set forth herein may be extended by mutual written agreement of the parties.
6. A grievance shall not be considered unless the grievant initiates the grievance no later than five (A5) Employee grievances working days after the grievant became aware of the circumstances which gave rise to the grievance.
7. A grievant may be accompanied and represented by the Federation at any hearing or meeting conducted under this procedure. In the case of a District-filed grievance, the District may be represented at any hearing or meeting conducted under this procedure by a District administrator or counsel of choice. The party in interest against whom the grievance has been filed may be accompanied and represented by a representative of the parties choice at any hearing or meeting conducted under this procedure.
8. No reprisal or retaliation by any party to the grievance shall be taken against either a grievant or a party in interest, including any witnesses, as a result of participation by the grievant or the party in interest in the processing and the proceedings of a grievance.
9. An employee, acting individually, may present a grievance without the intervention of the Federation provided the grievance has been processed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievancesprocedure. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against At any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency hearing of a grievance under brought individually by an employee, the Federation, as a party to this Agreement, will be afforded the opportunity to be present and present its views. Any adjustment shall be consistent with the provisions of this Article Agreement.
10. Nothing contained herein shall be construed to limit in no any way operate the ability of the District and the grievant to impederesolve any grievance through informal means, delay or interfere if such resolution is consistent with the right provisions of this Agreement.
11. The parties shall cooperate in any investigation which may be necessary in order to expedite the process.
12. All documents related to a grievance shall be maintained as a permanent file separate from the employee's personnel file. File maintenance documents and documentation related to an employee's performance or discipline which were introduced during the grievance process may be filed in the employee's personnel file unless they are removed as part of the state grievance redress.
13. All grievances and grievance responses shall be processed in accordance with this Agreement.
14. Unless otherwise agreed to take by the action complained ofparties, subject, however, the processing of grievances shall be conducted before or after the grievant's work day.
15. All grievances shall be processed in accordance with this Agreement. This is the only grievance procedure available to the final disposition of the grievanceparties covered by this agreement.
(D) After 16. A grievance cannot be filed by a grievance is presented, no new violation or issue can be raised unless former employee after the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing effective date of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievanceresignation.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked17. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings Grievances submitted on behalf of the PBA. All grievance meetings District shall be held at times and locations agreed to initiated by the parties except that, unless agreed otherwiseSuperintendent or his/her designee by filing the grievance with the Union President or designee at Level Three.
18. Prior to filing of any grievance, all meetings shall effort should be held within 50 miles of made to resolve the grievant’s place of work.
(Gissue informally between the employee(s) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that immediate supervisor or between the grievance alleges that Union and the discipline was without cause and requests District as the grievant to be made wholecase may be.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management supervision having the authority to adjust the grievances. Grievances and A grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, personal service, or couriermail. Documents shall Grievances are to be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received on the next business dayappropriate form as contained in Appendix B of this Contract.
(B) Once a grievance is filed, no new violation or issue can be raised.
(C) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, meeting or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant’s representative, or any required witnesses, such hours shall be deemed time worked. Reasonable travel time and attendance at a mediation during the regular work hours of the grievant or grievant’s representative is also deemed to be time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of any participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workunion.
(GE) An employee who has not attained permanent status in his position can only file non-discipline grievances, which are final and binding at Step 3 as provided in this Article. With respect to disciplinary grievances, oral reprimands are not grievable. An employee who has attained permanent status in his position may grieve a written reprimand up to Step 2; the decision at that level is final and binding.
(F) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having . In the event a grievance mayis not answered in a timely manner at the preceding step, within 15 days following the date on which state agrees not to remand the employee knew or should have known grievance for the purpose of obtaining the answer without the agreement of the event giving rise to Union or the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representativegrievant’s representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 1 contract
Samples: Master Contract
Procedures. (A) Employee grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including emailNothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, of subject however, to the final disposition of the grievance.
(D) After Once a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2raised. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration at arbitration shall not establish a precedent binding on either the PBA FSFSA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, grievant or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediationmediations, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBAFSFSA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless parties. Unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances and grievance responses may be filed by hand-delivery, mail (including e-mail), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(H) Grievances shall be presented and adjusted in the following manner, manner and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within Within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or his designated representative shall submit to the Step 1 Management Representative a grievance form form, as contained in Appendix B of this Agreement B, setting forth specifically the complete known facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee may meet with the grievant and/or the FSFSA Grievance Representative, or the grievant or representative if not represented by the union and shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, his designated representative if any, within 15 10 days following receipt of the written grievance. If the Step 1 Management Representative fails to respond within the time limit, it shall be deemed a denial.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s FSFSA representative may appeal the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written Step 1 response and documentation in support of the grievance. The grievance form must be completed in its entirety.
(b) The Agency Head or designee may meet with the grievant and/or his designated representative and shall communicate a decision in writing to the grievant and his designated representative if any, within 15 days following receipt of the written grievance. If the Agency Head or designee fails to respond within the time limits, it shall be deemed adenial.
(c) If a grievance, alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the FSFSA representative, or the grievant or grievant’s representative, if not represented by FSFSA, may appeal the grievance to arbitration as provided in Article 6, Section 3(H)(5), below, within 10 days after receipt of the Step 2 decision.
Appears in 1 contract
Samples: Fire Service Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to should be presented pre- sented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After Once a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievancecan be raised.
(ED) The resolution of a grievance prior to its submission in writing to Arbitration at Step 3 shall not establish a precedent binding on either the PBA Association or the state Sheriff in other cases.
(FE) If a grievance meeting, mediation, or arbitration hearing meeting is held or requires reasonable travel time during the regular work working hours of the grievant, a representative of the grievant, or any required witnessesparticipant, such hours participant shall be deemed time workedexcused without loss of pay for that purpose. Attendance at grievance meetings, mediation, or arbitration hearings outside meetings out- side of a participant’s the regular work working hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(GF) Grievances shall be presented and adjusted in the following manner, and no one individual may respond to a grievance at more than one written step.
(1) Step 1.
(aA) An employee having a grievance may, within 15 seven (7) days following the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, present the grievance orally to the management representative who has the authority to adjust the grievance, for informal discussion, and the management representative shall make every effort to resolve the grievance promptly.
(B) If the grievance is not resolved by such informal discussion, the employ- ee may, within seven (7) days after the date of that discussion, submit a formal grievance at Step 1. 1 of this procedure.
(A) In filing a grievance at Step 1, the grievant employee or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violatedvio- lated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(bB) The Step 1 Management Representative or their designee shall communi- cate a decision in writing to the employee and to the Association Staff Representative, if any, within fourteen (14) days following receipt of the grievance form.
(A) If the grievance is not resolved at Step 1, the employee or their designat- ed representative may submit a Step 2 grievance in writing to the Sheriff or the Sheriff’s designated representative within seven (7) days after receipt of the decision at Step 1. When the grievance is eligible for initia- tion at Step 2, the Grievance form must contain the same information as a grievance filed at Step 1 above. The Sheriff or the Sheriff’s designated representative may have a meeting with the employee, and/or with an Association Staff Representative, at the employee’s option, to discuss the grievance.
(B) The Sheriff or the Sheriff’s designated representative shall communicate a decision in writing to the grievant employee and to the PBA Grievance Representative, if any, Association Staff Representative within 15 twenty-one (21) days following receipt of the writ- ten grievance.
Step 3 Arbitration
(A) If the grievance is not resolved at Step 2, the Association representative may appeal the grievance in writing to arbitration on a form to be supplied by the Sheriff, within fourteen (14) days after receipt of the decision at Step 2. If, at the initial written grievancestep, the Association refused to represent the employee because she/he was not a dues-paying member of the Association, the employee may appeal the grievance to arbitration. Employees covered under this Agreement who are not represented by the Association shall have the opportunity to process grievances to arbitration subject to the limitations set forth in this Agreement; provided, however, such member proceeding without the assistance of the Association shall be required to post a bond in escrow with the Sheriff in an amount calculated to cover the cost of arbitration in the event that the employee is assessed their portion of the cost of arbitration, and in no event less than $1,500.
(B) The parties agree to utilize the Federal Mediation and Conciliation Service (FMCS) for the selection of arbitrators. FMCS will provide a list of seven (7) arbitrators for each grievance from which the parties will mutually select one (1). If mutual agreement is not reached, the Management Representative fails parties shall alternately strike from the list until one remains. The party to respond within strike first shall be determined by the flip of a coin. The parties agree to require FMCS to limit the proposed list of arbitrators with Florida addresses only. Each party may request one new list.
(C) The parties may, by mutual agreement in writing, submit related griev- ances for hearing before the same arbitrator.
(D) Arbitration hearings shall be held at times and locations mutually agreed to by the parties. Under normal circumstances hearings will be held in Gainesville, Florida; however, selection of the site shall take into account the availability of evidence, location of witnesses and existence of appro- priate facilities.
(E) The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his/her jurisdiction and authority under this Agreement, shall be final and binding on the Sheriff, the Association, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the follow- ing provisions and limitations:
(1) The arbitrator shall issue a decision not later than thirty (30) days from the date of the closing of the hearing or the submission of briefs, whichever is later.
(2) The arbitrator’s decision shall be in writing, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted.
(3) The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclu- sion not essential to the determination of the issues submitted.
(4) The arbitrator shall limit his/her decision strictly to the application and interpretation of the specific provisions of this Agreement.
(5) The arbitrator shall be without power or authority to make any decisions:
(a) Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law.
(b) Limiting or interfering in any way with the powers, duties and responsibilities of the Sheriff under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and respon- sibilities have been abridged, delegated or modified by the expressed provisions of this Agreement.
(6) The arbitrator’s award may include back pay to the grievant(s); however, the following limitations shall apply to such monetary awards:
(a) No award for back pay shall exceed the amount of pay the employee would otherwise have earned at the regular rate of pay, including overtime, and such back pay shall not be retroactive to a date earlier than the date of the occurrence of the event giving rise to the grievance under consideration and in no event more than the time limitlimits permitted for ini- tiation of the grievance.
(b) The award shall not exceed the actual loss to the grievant, it will not include punitive damages, and will be reduced by the amount of wages earned from other sources and/or unemployment compensation received by the employee dur- ing the period of time affected by the award.
(c) The reasonable fees and expenses of the arbitrator shall be deemed borne equally by the parties; however, each party shall be responsible for compensating and paying the expenses of its own representatives, attorneys and witnesses.
(d) The Association will not be responsible for costs of an arbi- tration to which it was not a denialparty.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Employee grievances Grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management supervision having the authority to adjust the grievances. Nothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s). Grievances and grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, mail, or courierpersonal delivery. If sent via electronic facsimile, the burden shall be on the sending party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. 8:00
a. m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay delay, or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration arbitration shall not establish a precedent binding on either the PBA Association or the state in other cases.
(FE) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workAssociation.
(GF) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or her designated representative shall submit to the Step 1 Management Representative management representative within 15 days following the occurrence of the event giving rise to the grievance a grievance form as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall The grievance form will be presumed that the grievance alleges that the discipline was without cause and requests submitted together with any document(s) the grievant would like to be made wholehave considered at Step 1.
(b) The Step 1 Management Representative management representative or designee shall meet to discuss the grievance and shall communicate a decision in writing to the grievant and the grievant’s representative, if any, within 10 days following the date of the meeting.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s representative may submit the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievant must complete every section of the grievance form filed at Step 2 as similarly completed for a grievance filed at Step 1 and file it together with all written responses and documents in support of the grievance.
(b) The Agency Head or designee may meet with the grievant and/or designated representative to discuss the grievance. The Agency Head or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representativegrievant’s representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 1 contract
Samples: Master Contract
Procedures. (A) Employee grievances filed in accordance with this Article are Grievances shall be settled and determined according to the procedures described below. Grievances shall be presented and handled promptly submitted at the lowest level appropriate level. The purpose of management having the authority procedure is to adjust secure, at the grievanceslowest appropriate level, equitable solutions to the problems, which may affect employees. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents All grievances shall be deemed filed submitted and processed using a form mutually agreed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.)by the Board and the Association. Documents received after business hours Therefore, all such submissions and replies shall be considered received in writing after the next business day.
(Binitial attempt at settlement under step 1. Step 1, Superintendent. An Administrator with a grievance, shall first discuss it with the Superintendent within ten ( 10 ) There working days of its occurrence. If a satisfactory settlement is not reached, the grievance shall be no reprisals against any of reduced to writing within five ( 5 ) working days after the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impedeSuperintendent’s decision, delay or interfere with the right of the state to take the action complained of, subject, however, and resubmitted to the final disposition Superintendent. If a satisfactory settlement still is not reached within ten ( 10 ) working days after its submission, the matter may then be resubmitted under step 2. Step 2, Board of Education. The Administrator shall refer it to the Board within ten ( 10 ) working days. The Board shall render its decision within thirty ( 30 ) working days from the receipt of said grievance.
(D) After . Step 3, Arbitration. If a grievance is presentednot satisfactorily settled under Article III, no new Grievance Procedure, B, Step 2, it may be submitted to arbitration by the Association at its discretion, provided the subject of the grievance pertains to an alleged violation or issue can be raised unless of this Agreement as to the Parties agree terms and conditions of employment, and that notice in writing of the intent to revise or amend do so is given to the alleged violations or issuesBoard within five ( 5 ) working days of the decision under Article III, or upon a party’s showing of good cause for the consideration of such new issueGrievance Procedure, but in no event later than the filing of a contract language grievance at Step 3B, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant The Board shall also have the right to amend that part of his grievance.
(E) The resolution of submit to arbitration a grievance prior against the Association pertaining to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B an alleged violation of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions as to terms and conditions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made wholeemployment.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including emailNothing in this procedure shall preclude an employee from presenting concerns through informal discussions with managementrepresentative(s), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, of subject however, to the final disposition of the grievance.
(D) After Once a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2raised. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration at arbitration shall not establish a precedent binding on either the PBA FSFSA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, grievant or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediationmediations, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBAFSFSA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless parties. Unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances and grievance responses may be filed by hand-delivery, mail (including e-mail), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(H) Grievances shall be presented and adjusted in the following manner, manner and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within Within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or his designated representative shall submit to the Step 1 Management Representative a grievance form form, as contained in Appendix B of this Agreement B, setting forth specifically the complete known facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee may meet with the grievant and/or the FSFSA Grievance Representative, or the grievant or representative if not represented by the union and shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, his designated representative if any, within 15 10 days following receipt of the written grievance. If the Step 1 Management Representative fails to respond within the time limit, it shall be deemed a denial.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s FSFSA representative may appeal the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written Step 1 response and documentation in support of the grievance. The grievance form must be completed in its entirety.
(b) The Agency Head or designee may meet with the grievant and/or his designated representative and shall communicate a decision in writing to the grievant and his designated representative if any, within 15 days following receipt of the written grievance. If the Agency Head or designee fails to respond within the time limits, it shall be deemed adenial.
(c) If a grievance, alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the FSFSA representative, or the grievant or grievant’s representative, if not represented by FSFSA, may appeal the grievance to arbitration as provided in Article 6, Section 3(H)(5), below, within 10 days after receipt of the Step 2 decision.
Appears in 1 contract
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievancesA. Step 1
1. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents The Management Representative shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of schedule a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by meeting between the grievant, the grievant's Employee Grievance Representative, grievant's supervisor, or other appropriate individuals no sooner than seven (7) days and no later than fifteen (15) days following receipt of the grievance if no postponement is requested, or receipt of written notice that the grievant wishes to proceed with the Step 1 meeting if a postponement was previously requested. The grievant shall have the right to amend that part present any evidence in support of his grievance.
(E) The the grievance at this meeting. If the meeting does not result in resolution of the grievance, the Management Representative will proceed with processing the grievance and issuing a grievance prior written decision, stating the reasons thereof to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
grievant's Employee Grievance Representative within thirty (F30) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known conclusion of the event giving rise to the grievancemeeting, submit a grievance at Step 1unless an extension has been granted. In filing a grievance at Step 1If an extension was granted, the grievant or designated representative decision shall submit to be issued by the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions agreed upon date. A copy of the Agreement allegedly violated, and the relief requested. In discipline cases, it decision shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing sent to the grievant and to the PBA if grievant elected not to be represented by the PBA. The decision shall be transmitted by personal delivery with written documentation of receipt, by certified mail, return receipt requested, or by electronic mail.
2. Where practicable, the Management Representative shall make available to the grievant or grievant's Employee Grievance Representative, documentation referenced in the Step 1 decision prior to its issuance. All documents referred to in the decision and any additional documents presented by the grievant shall be attached to the decision, together with a list of these documents. In advance of the Step 1 meeting, the grievant shall have the right, upon written request, to a copy of documents identified as relevant to the grievance.
3. In the absence of an agreement to extend the period for issuing the Step 1 decision, the grievant may proceed to Step 2 if anythe grievant's Employee Grievance Representative has not received the written decision by the end of the 30th day following the conclusion of the Step 1 meeting.
B. Step 2.
1. If the grievance is not resolved at Step 1, the grievant may file a written request for review with the Chief Human Resources Officer or his/her designee, on a Review of Step 1 Decision Form, as set forth in Appendix D of this Agreement, within 15 fourteen (14) days following receipt of the Step 1 decision by the Employee Grievance Representative. The Chief Human Resources Officer, or his/her designee, and the Employee Grievance Representative shall schedule a meeting in Tallahassee, Florida for the purpose of reviewing the matter no sooner than seven (7) and no later than fifteen (15) days following receipt of the request for review.
2. The Chief Human Resources Officer, or his/her designee, shall issue a written grievancedecision, stating the reasons therefore, to the Employee Grievance Representative within thirty (30) days following the conclusion of the meeting. In the absence of an agreement to extend the period for issuing the Step 2 decision, PBA may proceed to Step 3 if the Employee Grievance Representative has not received the written decision by the end of the 30th day following the conclusion of the Step 2 meeting. A copy of the decision shall be sent to the grievant and PBA, if the grievant elected not to be represented by PBA. The decision shall be transmitted by personal delivery with written documentation of receipt, by certified mail, return receipt requested, or by electronic mail.
3. If the Management Representative fails grievance is not satisfactorily resolved at Step 2, the grievant and the University may agree to respond participate in a mediation conference prior to proceeding to Arbitration. The mediation conference must be concluded within thirty (30) days of the time limit, it agreement to mediate. The costs of the mediation shall be deemed evenly split by the parties.
C. Step 3 -- Arbitration.
1. If the grievance is not resolved at Step 2, or at mediation, the PBA Staff Representative may appeal the Step 2 decision to Arbitration on a denialNotice of Arbitration form as set forth in Appendix D, within fourteen (14) days after receipt of the decision at Step 2. If the PBA did not represent the grievant at Step 2, the grievant may appeal the grievance to Arbitration.
2. The University and the PBA may, by written agreement, submit related grievances for hearing before the same arbitrator.
3. The arbitrator shall be one person from a panel of five (5) permanent arbitrators, mutually selected by the University and the PBA to serve for any case or cases submitted. If agreement is not reached on one or more of the five (5) arbitrators within sixty (60) days following the signing or effective date of this Agreement, whichever is later, either party may request the Federal Mediation and Conciliation Service to provide a list of fifteen (15) arbitrators. The University and the PBA shall select the arbitrator(s) by alternately striking from the list until the required number of names remain. The party to strike first shall be determined by the flip of a coin.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents Step 1 — A good faith attempt shall be deemed filed upon receipt during regular business hours (8:00 a.m. made to 5:00 p.m.)resolve any grievance in an informal discussion between the grievant and the appropriate supervisor. Documents received after business hours Although nothing herein shall be considered received prevent an employee from having Association representation throughout any step of the next business daygrievance procedure, the Association and the Board strongly encourage employees and their supervisors to resolve problems in an informal atmosphere without third party intervention using this open dialogue and good faith before disputes become formal grievances.
(B) There shall Step 2 — If the grievance cannot be no reprisals against any of resolved informally, the participants grievant or the Association may file the grievance in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere writing with the right Supervisor of Transportation or other appropriate supervisor. The written grievance should state the state to take the action complained of, subject, however, to the final disposition nature of the grievance.
(D) After a grievance is presented, no new violation the specific clause or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph clauses of the Agreement has been cited imprecisely or erroneously by violated, and the grievant, remedy requested. Filing of the grievant shall have the right to amend that part of his grievance.
written grievance must be done within fifteen (E15) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediationdays, or arbitration hearing is held or requires reasonable travel time during as otherwise mutually agreed between the regular work hours Board and the Association, from the date of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known occurrence of the event giving rise to the grievance or when the grievant could reasonably have had knowledge thereof. The supervisor shall within ten (10) days of receipt of the grievance schedule a meeting to resolve the grievance, submit . He/she shall issue the grievant and the Association President a written response within seven (7) days of that meeting.
Step 3 — In the event a grievance has not been satisfactorily resolved at Step 1. In filing a grievance at Step 12, the grievant or designated representative the Association shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if anyfile, within 15 seven (7) days following receipt of the written grievance. If the Management Representative fails answer to respond Step 2, or, if no answer is received within the time limitspecified in Step 2, it within seven (7) days of the date when the answer was due, a copy of the grievance with the Superintendent or his/her designee. Within ten (10) days after such written grievance is filed, a meeting shall be deemed scheduled with the aggrieved, a denial.representative of the Association, the supervisor,
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Employee 1. All written grievances filed in accordance with shall include the name and position of the grievant, the provision of this Article are agreement claimed to be presented violated, the time when and handled promptly at the lowest level place where the alleged events or conditions constituting the grievance occurred, the identity of management having the authority party responsible for causing the said events or conditions if known to adjust the grievancesgrievant, the specific circumstances of the claimed grievance and the redress sought by the grievant.
2. Grievances If a grievance affects a group of employees and grievance responses appears to be associated with system-wide policies, it may be filed submitted by hand-delivery, mail (including email), or courierthe Association directly at Stage 2 described below.
3. Documents Conferences and hearings held hereunder shall be deemed filed upon receipt held during regular business non- working hours (8:00 a.m. and conducted at a time and place which will afford a fair and reasonable opportunity for all persons entitled to 5:00 p.m.)be present to attend. Documents received after business hours If, in the judgment of the Superintendent, conferences or hearings must be held during working hours, persons who participate shall be considered received excused from their assignments without loss of pay. Notwithstanding any of the next business day.
(B) There foregoing, there shall be no reprisals against any of interference with the participants in instructional program.
4. Forms for filing grievances, serving notices, taking appeals and other documents necessary to the procedures herein will be jointly developed by the Board and the Association.
5. Nothing contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with will be construed as limiting the right of any grievant to discuss the state to take matter informally with any appropriate member of the action complained ofadministration and having the grievance informally adjusted without intervention of the Association. The Association reserves the right, subject, however, to at the final disposition of any grievance, to submit, in writing, its opinions on said grievance. In the grievanceevent that any grievance is adjusted without formal determination, pursuant to this procedure, while such adjustment shall be binding upon the grievant and shall, in all respects, be final, said adjustments shall not create a precedent or ruling binding upon either party to this agreement in future proceedings.
(D) After a grievance is presented, no new violation or issue can 6. The Chief Executive Officer shall be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph repository of the Agreement has been cited imprecisely official grievance record which shall consist of the written grievance, all exhibits, transcripts, communications, minutes or erroneously notes of testimony, as the case may be, written arguments and briefs considered at all levels and all written decisions and responses at all stages. The official grievance record shall be available for inspection or copying by the grievant, any party in interest, the Association and the Board but shall not be deemed a public record.
7. Everything herein shall be interpreted that grievant shall perform all duties assigned to the grievant that he/she is grieving until the grievance is processed with the exception of such acts which endanger the safety of the students or employees.
8. The grievant shall have the right at all stages to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediationrepresent himself/herself, or arbitration hearing is held or requires reasonable travel time during to be represented by the regular work hours of the grievant, a representative of the grievantAssociation, or by any required witnesses, person of his/her own choice except that such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours grievant shall not be deemed time workedrepresented by any representative of any employee organization other than the Association and its affiliates.
9. The state will not pay the expenses expense of participants attending such meetings on behalf all stenographic services, including all transcripts of the PBA. All grievance meetings proceedings, shall be held at times and locations agreed to borne equally by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, Board and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made wholeAssociation.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Employee 1. All grievances filed shall include the name and position of the aggrieved party, a citation of the provision of the agreement involved in accordance with this Article are the said grievance, the time when and the place where the alleged events or conditions constituting the grievance existed, the identity of the party responsible for causing the said events or conditions, if known to the aggrieved party, and a general statement of the nature of the grievance and the redress sought by the aggrieved party.
2. Except for informal decisions at Stage 1a, all decisions shall be rendered in writing at each step of the grievance procedures, setting forth findings of fact conclusions, and supporting reasons thereof. A copy of the decision at each stage shall be promptly transmitted to the aggrieved party and the Association President.
3. If a grievance affects a group of teachers or appears to the association to be presented connected with system-wide policies, it shall be submitted to the administrator with the request that it be transmitted directly to the Superintendent.
4. The District and handled promptly at the lowest level of management having the authority Association agree to adjust the grievances. Grievances and grievance responses facilitate any investigation which may be filed by hand-delivery, mail (including email), or courierrequired and to make available all relevant documentation not regarded in law as restricted. Documents This includes but is not limited to District logs as referred to in this agreement.
5. The preparation and processing of grievances shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business daydone as promptly as possible and at mutually accepted times.
(B) There shall be no reprisals against 6. An aggrieved party and any party of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant interest shall have the right to amend that part of his grievance.
(E) The resolution at Stages 2 and 3 of a grievance prior to its submission in writing question all present, to Arbitration shall not establish testify and call witnesses on the parties own behalf, and to be furnished with a precedent binding on either copy of any notes of the PBA or the state in other casesproceedings.
(F) If 7. No interference, coercion, restraint, discrimination, or reprisal of any kind shall be exercised against any participant in the grievance procedures.
8. Necessary forms to implement all phases of the grievance procedure shall be developed and printed by the Association and the District.
9. All documentation dealing with the processing of a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during shall be filed in a separate grievance file.
10. The grievant may choose a representative to accompany the regular work hours grievant at all stages of the grievantgrievance procedure. At the opening informal stage, the representative may act as a representative witness but may not speak.
11. The Superintendent shall be responsible for maintaining an Official Grievance Record which shall consist of written grievances, exhibits, transcripts, any official notes and briefs. The Record shall be available to the aggrieved party, the Association, and the Board of Education.
12. Official minutes shall be kept of all proceedings at Stage 2 and 3 and a copy given to the aggrieved party and the Association within five (5) days.
13. Nothing in this grievance procedure shall be construed as preventing a teacher from processing a grievance independent of the grievant, or any required witnesses, such hours Association.
14. A grievance shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf regarded as waived unless it is submitted within thirty (30) days of the PBA. All grievance meetings shall be held at times and locations agreed to by time when the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee aggrieved party knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1or condition on which it is based.
15. In filing a grievance at Step 1Unless all time limits and steps are complied with, the grievant or designated representative grievance shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made wholeterminate.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 1 contract
Samples: Professional Agreement
Procedures. A. Step 1.
1. The Management Representative shall schedule a meeting between the grievant, the grievant's AFSCME Representative, and the Department Head or his / her designee and any other appropriate individuals within fifteen (A15) Employee grievances filed in accordance with this Article are to be presented and handled promptly at days following receipt of the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email)if no postponement is requested, or courierreceipt of written notice that the grievant wishes to proceed with the Step 1 meeting if a postponement was previously requested. Documents The grievant shall be deemed filed upon receipt during regular business hours (8:00 a.m. have the right to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against present any evidence in support of the participants grievance at this meeting. If the meeting does not result in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition resolution of the grievance, the DocuSign Envelope ID: A8F269B4-AB30-4F1F-8EC5-17ABE77649A7 Management Representative will proceed with processing the grievance and issuing a written decision, stating the reasons therefor, to xxxxxxxx's AFSCME Representative within thirty (30) days following the conclusion of the meeting, unless an extension has been granted. If an extension was granted, the decision shall be issued by the agreed upon date. A copy of the decision shall be sent to AFSCME if grievant elected to be represented by AFSCME. The decision shall be transmitted by personal delivery with written documentation of receipt or by certified mail, return receipt requested, or by another method mutually agreed upon in writing.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchangedWhere practicable, but it is determined that an articlethe Management Representative shall make available to the grievant or grievant's AFSCME Representative, sectiondocumentation referenced in the Step 1 decision prior to its issuance. All documents referred to in the decision and any additional documents presented by the grievant shall be attached to the decision, or paragraph together with a list of these documents. In advance of the Agreement has been cited imprecisely or erroneously by the grievantStep 1 meeting, the grievant shall have the right right, upon written request, to amend that part a copy of his documents identified as relevant to the grievance.
(E) The resolution 3. In the absence of a grievance prior an agreement to its submission in writing extend the period for issuing the Step 1 decision, the grievant may proceed to Arbitration shall Step 2 if the grievant's AFSCME Representative has not establish a precedent binding on either received the PBA or written decision by the state in other casesend of the 30th day following the conclusion of the Step 1 meeting.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workB. Step 2.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a If the grievance is not satisfactorily resolved at Step 1, the grievant may file a written request for review with the Director of Employee and Labor Relations or designated representative shall submit his/her designee (hereinafter referred to the in Step 1 Management Representative a grievance form as contained in Appendix B 2 of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
Article as “University Representative”) within thirty (b30) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievanceStep 1 decision by xxxxxxxx's AFSCME Representative. If The University Representative and xxxxxxxx's AFSCME Representative shall schedule a meeting for the Management Representative fails to respond within purpose of reviewing the time limit, it shall be deemed a denial.matter no sooner than seven
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall hoursshall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the havethe right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 1 contract
Samples: Law Enforcement Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) A. Step 1.
(a) 1. An employee having a grievance may, shall file the applicable grievance form (Appendix C) at Human Resources within 15 thirty (30) days following the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, submit a . The grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting set forth specifically the complete facts on which the grievance is based, the specific provision or provisions spe- cific provision(s) of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative Chief of Police or designee shall communicate schedule a Step 1 meet- ing between the grievant, the grievant’s designated representative, griev- ant’s supervisor, or other appropriate individuals. The grievant shall have the right to present any evidence in support of the grievance at this meet- ing. If the meeting does not result in resolution of the grievance, the Chief of Police or designee will proceed with processing the grievance and issu- ing a written decision, stating the reasons therefore, to grievant or griev- ant’s designated representative within thirty (30) days following the con- clusion of the meeting, unless an extension has been granted. If an exten- sion was granted, the decision in writing shall be issued by the agreed upon date. A copy of the decision shall be sent to the grievant and to the PBA Grievance Representativeif griev- ant elected not to be represented by the PBA. The decision shall be trans- mitted by personal delivery with written documentation of receipt or by certified mail, if anyreturn receipt requested.
2. Where practicable, within 15 days following receipt the University shall make available to the griev- ant or grievant’s designated representative, documentation referenced in the Step 1 decision prior to its issuance. All documents referred to in the decision and any additional documents presented by the grievant shall be attached to the decision, together with a list of these documents. In advance of the Step 1 meeting, the grievant shall have the right, upon writ- ten request, to a copy of documents identified as relevant to the grievance.
3. In the absence of an agreement to extend the period for issuing the Step 1 decision, the grievant may proceed to Step 2 if the grievant or griev- ant’s designated representative has not received the written grievance. If decision by the Management Representative fails to respond within end of the time limit, it shall be deemed a denialthirtieth (30th) day following the conclusion of the Step 1 meeting.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to should be presented pre- sented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After Once a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievancecan be raised.
(ED) The resolution of a grievance prior to its submission in writing to Arbitration at Step 3 shall not establish a precedent binding on either the PBA Association or the state Sheriff in other cases.
(FE) If a grievance meeting, mediation, or arbitration hearing meeting is held or requires reasonable travel time during the regular work working hours of any required participant, such participant shall be excused without loss of pay for that purpose, except that an Association grievance representative who attends as the grievant, a ’s representative of the grievant, must use either PBA pool time or any required witnesses, such hours shall be deemed time workedvacation leave. Attendance at grievance meetings, mediation, or arbitration hearings meet- ings outside of a participant’s the regular work working hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(GF) Grievances shall be presented and adjusted in the following manner, and no one individual may respond to a grievance at more than one written step.
(1) Step 1.
(aA) An employee having a grievance may, within 15 seven (7) days following the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, present the grievance orally to the management representative who has the authority to adjust the grievance, for informal discussion, and the management representative shall make every effort to resolve the grievance promptly.
(B) If the grievance is not resolved by such informal discussion, the employ- ee may, within seven (7) days after the date of that discussion, submit a formal grievance at Step 1. 1 of this procedure.
(A) In filing a grievance at Step 1, the grievant employee or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violatedvio- lated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(bB) The Step 1 Management Representative or their designee shall communi- cate a decision in writing to the employee and to the Association Staff Representative, if any, within fourteen (14) days following receipt of the grievance form.
(A) If the grievance is not resolved at Step 1, the employee or their designated representative may submit a Step 2 grievance in writing to the Sheriff or the Sheriff’s designated representative within seven (7) days after receipt of the decision at Step 1. When the grievance is eligible for initiation at Step 2, the Grievance form must contain the same information as a grievance filed at Step 1 above. The Sheriff or the Sheriff’s designated representative may have a meeting with the employee, and/or with an Association Staff Representative, at the employee’s option, to discuss the grievance.
(B) The Sheriff or the Sheriff’s designated representative shall communicate a decision in writing to the grievant employee and to the PBA Grievance Representative, if any, Association Staff Representative within 15 twenty-one (21) days following receipt of the writ- ten grievance.
Step 3 Arbitration
(A) If the grievance is not resolved at Step 2, the Association representative may appeal the grievance in writing to arbitration within fourteen (14) days after receipt of the decision at Step 2. If, at the initial written grievancestep, the Association refused to represent the employee because she/he was not a dues-paying member of the Association, the employee may appeal the grievance to arbitration. Employees covered under this Agreement who are not represented by the Association shall have the opportunity to process grievances to arbitration subject to the limitations set forth in this Agreement; provided, however, such member proceeding without the assistance of the Association shall be required to post a bond in escrow with the Sheriff in an amount calculated to cover the cost of arbitration in the event that the employee is assessed their portion of the cost of arbitra- tion, and in no event less than $1,500.
(B) The parties agree to utilize the Federal Mediation and Conciliation Service (FMCS) for the selection of arbitrators. FMCS will provide a list of seven (7) arbitrators for each grievance from which the parties will mutually select one (1). If mutual agreement is not reached, the Management Representative fails parties shall alternately strike from the list until one remains. The party to respond within strike first shall be determined by the flip of a coin. The parties agree to require FMCS to limit the proposed list of arbitrators with Florida addresses only. Each party may request one new list.
(C) The parties may, by mutual agreement in writing, submit related griev- ances for hearing before the same arbitrator.
(D) Arbitration hearings shall be held at times and locations mutually agreed to by the parties. Under normal circumstances hearings will be held in Gainesville, Florida; however, selection of the site shall take into account the availability of evidence, location of witnesses and existence of appro- priate facilities.
(E) The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his/her jurisdiction and authority under this Agreement, shall be final and binding on the Sheriff, the Association, the grievant(s), and the employees in the bargaining unit. In considering a grievance the arbitrator shall be governed by the follow- ing provisions and limitations:
(1) The arbitrator shall issue a decision not later than thirty (30) days from the date of the closing of the hearing or the submission of briefs, whichever is later.
(2) The arbitrator’s decision shall be in writing, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted.
(3) The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclu- sion not essential to the determination of the issues submitted.
(4) The arbitrator shall limit his/her decision strictly to the application and interpretation of the specific provisions of this Agreement.
(5) The arbitrator shall be without power or authority to make any decisions:
(a) Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law.
(b) Limiting or interfering in any way with the powers, duties and responsibilities of the Sheriff under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and respon- sibilities have been abridged, delegated or modified by the expressed provisions of this Agreement.
(6) The arbitrator’s award may include back pay to the grievant(s); however, the following limitations shall apply to such monetary awards:
(a) No award for back pay shall exceed the amount of pay the employee would otherwise have earned at the regular rate of pay, including overtime, and such back pay shall not be retroactive to a date earlier than the date of the occurrence of the event giving rise to the grievance under consideration and in no event more than the time limitlimits permitted for ini- tiation of the grievance.
(b) The award shall not exceed the actual loss to the grievant, it will not include punitive damages, and will be reduced by the amount of wages earned from other sources and/or unemployment compensation received by the employee dur- ing the period of time affected by the award.
(c) The reasonable fees and expenses of the arbitrator shall be deemed borne equally by the parties; however, each party shall be responsible for compensating and paying the expenses of its own representatives, attorneys and witnesses.
(d) The Association will not be responsible for costs of an arbi- tration to which it was not a denialparty.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (AThe party asserting a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure.
Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) Employee grievances filed or the Union or both may formally present the grievance in accordance with this Article are writing to the department supervisor who will arrange for a meeting to be presented and handled promptly at held within ten (10) working days to review the lowest level of management having the authority to adjust the grievancesgrievance. Grievances and The formal written grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the clearly identify all provisions of this Article shall in no way operate Agreement which are alleged to impedehave been violated, delay or interfere with and describe the right remedy which is being sought. The filing of the state to take formal written grievance at this step shall be within ten (10) working days of the action complained of, subject, however, date of the occurrence giving rise to the final disposition grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, submit . The supervisor shall provide a grievance at Step 1. In filing a grievance at Step 1, written answer to the grievant or designated representative shall submit with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision.
Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which 2: If the grievance is basednot satisfactorily resolved at the preceding step, the specific provision grievant(s) or provisions the Union or both may refer it to the Chief of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that Police by filing the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 10 working days following of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph.
Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the Management Representative fails to respond grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit, it shall be deemed a deniallimit prescribed in Step 1.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Employee grievances Grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management supervision having the authority to adjust the grievances. Nothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s). Grievances and grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, mail, or courierpersonal delivery. If sent via electronic facsimile, the burden shall be on the sending party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. 8:00
a. m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration arbitration shall not establish a precedent binding on either the PBA Association or the state in other cases.
(FE) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workAssociation.
(GF) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or her designated representative shall submit to the Step 1 Management Representative management representative within 15 days following the occurrence of the event giving rise to the grievance a grievance form as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall The grievance form will be presumed that the grievance alleges that the discipline was without cause and requests submitted together with any document(s) the grievant would like to be made wholehave considered at Step 1.
(b) The Step 1 Management Representative management representative or designee shall meet to discuss the grievance and shall communicate a decision in writing to the grievant and the grievant’s representative, if any, within 10 days following the date of the meeting.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s representative may submit it the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievant must complete every section of the grievance form filed at Step 2 as similarly completed for a grievance filed at Step 1 and file it together with all written responses and documents in support of the grievance.
(b) The Agency Head or designee may meet with the grievant and/or designated representative to discuss the grievance. The Agency Head or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representativegrievant’s representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 1 contract
Samples: Master Contract
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management supervision having the authority to adjust the grievances. Grievances and A grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, personal service, or couriermail. Documents shall Grievances are to be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received on the next business dayappropriate form as contained in Appendix B of this Contract.
(B) Once a grievance is filed, no new violation or issue can be raised.
(C) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, meeting or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant’s representative, or any required witnesses, such hours shall be deemed time worked. Reasonable travel time and attendance at a mediation during the regular work hours of the grievant or xxxxxxxx’s representative is also deemed to be time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of any participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workunion.
(GE) An employee who has not attained permanent status in his position can only file non-discipline grievances, which are final and binding at Step 3 as provided in this Article. With respect to disciplinary grievances, oral reprimands are not grievable. An employee who has attained permanent status in his position may grieve a written reprimand up to Step 2; the decision at that level is final and binding.
(F) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having . In the event a grievance mayis not answered in a timely manner at the preceding step, within 15 days following the date on which state agrees not to remand the employee knew or should have known grievance for the purpose of obtaining the answer without the agreement of the event giving rise to Union or the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representativegrievant’s representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 1 contract
Samples: Master Contract
Procedures. (A) Employee grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including emailNothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance.
(D) After Once a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2raised. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration at arbitration shall not establish a precedent binding on either the PBA FSFSA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, grievant or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediationmediations, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBAFSFSA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless parties. Unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances and grievance responses may be filed by hand-delivery, mail (including e-mail), courier, or electronic facsimile. If sent via electronic facsimile, the burden shall be on the sending party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00
a. m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(H) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within Within 15 days following actual knowledge of the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or his designated representative shall submit to the Step 1 Management Representative a grievance form form, as contained in Appendix B of this Agreement B, setting forth specifically the complete known facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee may meet with the grievant and/or the FSFSA Grievance Representative, or the grievant or representative if not represented by the union and shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, his designated representative if any, within 15 10 days following receipt of the written grievancegrievance . If the Step 1 Management Representative fails to respond within the time limit, it shall be deemed a denial.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s FSFSA representative may appeal the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written Step 1 response and documentation in support of the grievance. The grievance form must be completed in its entirety.
(b) The Agency Head or designee may meet with the grievant and/or his designated representative, and shall communicate a decision in writing to the grievant and his designated representative if any, within 15 days following receipt of the written grievance. If the Agency Head or designee fails to respond within the time limits, it shall be deemed a denial.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the havethe right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration shall not establish a precedent binding on either the PBA or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a filinga grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that presumedthat the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt followingreceipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Employee grievances Grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management supervision having the authority to adjust the grievances. Nothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s). Grievances and grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, mail, or courierpersonal delivery. If sent via electronic facsimile, the burden shall be on the sending party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. ( 8:00
a. m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay delay, or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration arbitration shall not establish a precedent binding on either the PBA Association or the state in other cases.
(FE) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workAssociation.
(GF) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or her designated representative shall submit to the Step 1 Management Representative within 15 days following the eventgiving rise to the grievance a grievance form as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall The grievance form will be presumed that the grievance alleges that the discipline was without cause and requests submitted with any document(s) the grievant would like to be made wholehave considered at Step 1.
(b) The Step 1 Management Representative or designee shall meet to discuss the grievance and shall communicatea decision in writing to the grievantand the grievant’s representative, if any, within 10 days following the date of the meeting.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s representative may submit the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievant must complete every section of the grievance form filed at Step 2 as similarly completed for a grievance filed at Step 1 and file it together with all written responses and documents in support of the grievance.
(b) The Agency Head or designee may meet with the grievant and/or designated representative to discuss the grievance. The Agency Head or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representativegrievant’s representative, if any, within 15 days following receipt of the written grievance. .
(c) If a grievance, alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the Management Representative fails Association representative, or the grievant or grievant’s representative, if not represented by, may appeal the grievance to respond arbitration as provided in Article 6, Section 3(F)(5), below, within 10 days after receipt of the time limit, it shall be deemed a denialStep 2 decision.
Appears in 1 contract
Procedures. (A) Employee grievances Grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management supervision having the authority to adjust the grievances. Nothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s). Grievances and grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, mail, or courierpersonal delivery. If sent via electronic facsimile, the burden shall be on the sending party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. 8:00
a. m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay delay, or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration arbitration shall not establish a precedent binding on either the PBA Association or the state in other cases.
(FE) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workAssociation.
(GF) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or her designated representative shall submit to the Step 1 Management Representative management representative within 15 days following the event giving rise to the grievance a grievance form as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall The grievance form will be presumed that the grievance alleges that the discipline was without cause and requests submitted together with any document(s) the grievant would like to be made wholehave considered at Step 1.
(b) The Step 1 Management Representative management representative or designee shall meet to discuss the grievance and shall communicate a decision in writing to the grievant and the grievant’s representative, if any, within 10 days following the date of the meeting.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s representative may submit the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievant must complete every section of the grievance form filed at Step 2 as similarly completed for a grievance filed at Step 1 and file it together with all written responses and documents in support of the grievance.
(b) The Agency Head or designee may meet with the grievant and/or designated representative to discuss the grievance. The Agency Head or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representativegrievant’s representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 1 contract
Samples: Master Contract
Procedures. (A) Employee grievances Grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management supervision having the authority to adjust the grievances. Nothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s). Grievances and grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, mail, or courierpersonal delivery. If sent via electronic facsimile, the burden shall be on the sending party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration at Step 2 arbitration shall not establish a precedent binding on either the PBA Association or the state in other cases.
(FE) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workAssociation.
(GF) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or her designated representative shall submit to the Step 1 Management Representative management representative within 15 days following the occurrence of the event giving rise to the grievance a grievance form as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative management representative or designee shall meet to discuss the grievance and shall communicate a decision in writing to the grievant and the grievant’s representative, if any, within 10 days following the date of the meeting.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s representative may submit it in writing to the Agency Head or designee within 10 days following receipt of the decision at Step 1.
(b) The Agency Head or designee may meet with the grievant and/or designated representative to discuss the grievance. The Agency Head or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representativegrievant’s representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 1 contract
Samples: Master Contract
Procedures. (A) Employee grievances Grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management supervision having the authority to adjust the grievances. Nothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s). Grievances and grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, mail, or courierpersonal delivery. If sent via electronic facsimile, the burden shall be on the sending party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state Sstate to take the action complained of, ; subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration at Step 2 shall not establish a precedent binding on either the PBA Association or the state Sstate in other cases.
(FE) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work working hours of the a grievant, a representative of the grievant, or any required participant witnesses, such hours shall be deemed time worked. the participant shall be excused without loss of pay for that purpose. Attendance at grievance meetings, mediation, or arbitration hearings arbitrations outside of a participant’s regular work working hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workAssociation.
(GF) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the employee grievant or the her designated employee representative shall submit to the Step 1 Management Representative management representative within fourteen (14) 15 days following the occurrence of the event giving rise to the grievance a grievance form as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative management representative or designated designee representative shall meet to discuss the grievance and shall communicate a decision in writing to the employee grievant and the employee's grievant’s representative, if any, within fourteen (14) 10 days following the date of the meeting.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the employee grievant or the employee's grievant’s representative may submit it in writing to the Agency Head or designated representative designee within fourteen (14) 10 days following receipt of the decision at Step 1.
(b) The Agency Head or designated representative designee may meet with the employee grievant and/or designated Association Staff Rrepresentative to discuss the grievance. The Agency Head or designated representative designee shall communicate a decision in writing to the employee grievant and to the PBA Grievance RepresentativeAssociation x xxxxxxx’s representative, if any, within twenty-one (21) 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 1 contract
Samples: Master Contract
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at a. Any one or any group of Immigration Judges, the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email)Association, or courier. Documents shall be deemed filed upon receipt during regular business hours the Agency may initiate a grievance within thirty (8:00 a.m. to 5:00 p.m.). Documents received 30) workdays either after business hours shall be considered received the next business daygrievable incident occurs or after the date when the party becomes aware (or reasonably should have become aware) of a decision about which he or she is aggrieved.
(B) There shall be no reprisals against any b. An Immigration Judge who is the subject of the participants in the procedures contained herein by reason of such participation.
(C) The filing a criminal proceeding, may elect to suspend his or pendency of her right to file a grievance under the provisions of this Article shall until the completion of the criminal proceeding when:
(i) the same facts that support the criminal proceeding also support the charges in no way operate to impedethe adverse action; and
(ii) any grievance is filed within thirty (30) calendar days of the date that a verdict, delay plea or interfere dismissal is issued in the criminal proceeding.
c. Grievances against the Agency must be filed with the right designated Deputy Chief Immigration Judge. Grievances against the Association must be filed with the Vice President of the Association or his/her designee.
d. Grievances must be in writing and specifically cite: (a) the provision of law, rule, regulation or this Agreement alleged to have been violated, (b) the manner in which the provision of law, rule, regulation or this Agreement was violated, (c) the date of the violation, (d) the remedy requested, and (e) the name of the individual representing the party filing the grievance. The grievance shall also state to take the action complained ofwhether a meeting is requested.
e. If a meeting is requested, subject, however, to the final disposition it will be held within twenty (20) calendar days after receipt of the grievance. Meetings may be held by video conference, teleconference or in person at the election of the deciding official. Where the deciding official elects to hold an in person meeting, the Agency agrees to pay for the travel and per diem costs of the grievant.
(D) After a f. If the party against whom the grievance is presentedfiled does not grant the remedy requested within sixty (60) calendar days of receipt of the grievance, no new violation or issue can be raised unless if the Parties parties do not otherwise resolve the grievance, the party initiating the grievance may submit the grievance to arbitration under the procedures detailed in Article 9. The parties to the grievance may mutually agree in writing to revise or amend extension of this sixty-day period. A copy of the alleged violations or issues, or upon a party’s showing of good cause for decision will be provided to the consideration of such new issue, but in no event later than Association.
g. Only the filing of a contract language grievance at Step 3, Association or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of Agency may advance a grievance prior to its submission in writing arbitration. Grievances filed by an individual Immigration Judge or group of Immigration Judges may only be submitted to Arbitration shall not establish a precedent binding on either arbitration through the PBA or the state in other casesAssociation.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(G) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or designated representative shall submit to the Step 1 Management Representative a grievance form as contained in Appendix B of this Agreement setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 1 contract
Samples: Labor Agreement
Procedures. (A) Employee grievances Grievances filed in accordance with this Article are to should be presented and handled promptly at the lowest level of management supervision having the authority to adjust the grievances. Nothing in this procedure shall preclude an employee from presenting concerns through informal discussions with management representative(s). Grievances and grievance responses may be filed and responded to by hand-deliveryfacsimile, mail (including email)electronic mail, mail, or courierpersonal delivery. If sent via electronic facsimile, the burden shall be on the sending party to confirm the correct electronic facsimile number before transmission. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. 8:00
a. m. to 5:00 p.m., Monday through Friday, in the time zone in which the recipient is located). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(E) The resolution of a grievance prior to its submission in writing to Arbitration arbitration shall not establish a precedent binding on either the PBA Association or the state in other cases.
(FE) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the a grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings arbitrations outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of workAssociation.
(GF) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.
(1) Step 1.
(a) An employee having a grievance may, within 15 days following the date on which the employee knew or should have known of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant or her designated representative shall submit to the Step 1 Management Representative management representative within 15 days following the occurrence of the event giving rise to the grievance a grievance form as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management Representative management representative or designee shall meet to discuss the grievance and shall communicate a decision in writing to the grievant and the grievant’s representative, if any, within 10 days following the date of the meeting.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s representative may submit it in writing to the Agency Head or designee within 10 days following receipt of the decision at Step 1.
(b) The Agency Head or designee may meet with the grievant and/or designated representative to discuss the grievance. The Agency Head or designee shall communicate a decision in writing to the grievant and to the PBA Grievance Representativegrievant’s representative, if any, within 15 days following receipt of the written grievance. If the Management Representative fails to respond within the time limit, it shall be deemed a denial.
Appears in 1 contract
Samples: Master Contract
Procedures. (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of management having the authority to adjust the grievances. Grievances and grievance responses may be filed by hand-delivery, mail (including email), or courier. Documents shall be deemed filed upon receipt during regular business hours (8:00 a.m. to 5:00 p.m.). Documents received after business hours shall be considered received the next business day.
(B) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.
(C) The filing or pendency of a grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the state to take the action complained of, ; subject, however, to the final disposition of the grievance. Grievances may be filed and responded to by facsimile, electronic mail, mail, or personal delivery.
(D) After a grievance is presented, no new violation or issue can be raised unless the Parties agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing of good cause for the consideration of such new issue, but in no event later than the filing of a contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. When an issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has been cited imprecisely or erroneously by the grievant, the grievant shall have the right to amend that part of his grievance.
(EB) The resolution of a grievance prior to its submission in writing to Arbitration arbitration shall not establish a precedent binding on either the PBA Union or the state in other cases.
(F) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the regular work hours of the grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the PBA. All grievance meetings shall be held at times and locations agreed to by the parties except that, unless agreed otherwise, all meetings shall be held within 50 miles of the grievant’s place of work.
(GC) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step.:
(1) Step 1.
(a) An The employee having may file a written grievance mayat Step 1, provided such written grievance is filed within 15 days following the date on which the employee knew or should have known occurrence of the event giving rise to the grievance, submit a grievance at Step 1. In filing a grievance at Step 1, the grievant employee or designated representative shall submit to the Step 1 Management Representative management representative a grievance form form, along with documents in support of the Step 1 grievance, as contained in Appendix B of this Agreement Agreement, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. In discipline cases, it shall be presumed that the grievance alleges that the discipline was without cause and requests the grievant to be made whole.
(b) The Step 1 Management management representative or designee shall meet with the grievant and/or the Union Representative to discuss the grievance and shall communicate a decision in writing to the grievant and to the Union Representative, if any, within 10 days following receipt of the written grievance.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the grievant or the grievant’s FPDUnion representative may appeal the grievance in writing on the grievance form contained in Appendix B of this Agreement, to the Agency Head or designee within 10 days following receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written Step 1 response and documentation in support of the grievance. The grievance form must be completed in its entirety.
(b) The Agency Head or designee may meet with the Union Representative to discuss the grievance. The Agency Head or designee shall communicate a decision in writing to the grievant and to the PBA Grievance RepresentativeUnion Representative within 15 days following receipt of the written grievance.
(3) Step 3
(a) If the grievance is not resolved at Step 2, if anythe grievant or the grievant’s FPDUnion representative may submit appeal the grievance in writing on the grievance form contained in Appendix B of this Agreement, by submitting it to the Office Manager for the Office of the General Counsel of the Department of Management Services, 0000 Xxxxxxxxx Xxx, Xxxxx 000, Xxxxxxxxxxx, Xxxxxxx, 00000-0000, or by email to: Xxxx0Xxxxxxxxxx@xxx.xxxxxxxxx.xxx within 15 days following receipt of the decision at Step 2 provided the Step 2 decision is received on or before the due date. The grievance shall include a copy of the grievance form submitted at Steps 1 and 2, together with all written responses and documents in support of the grievance. The grievance form must be completed in its entirety.
(b) The Department of Management Services’ designee may meet with the Union Representative to discuss the grievance. The designee shall communicate a decision in writing to the grievant and the Union Representative within 15 days following receipt of the written grievance. If When the Management Representative fails to respond within grievance is eligible for initiation at Step 3, the time limit, it grievance shall be deemed a denialfiled on the grievance form contained in Appendix B of this Contract, setting forth specifically the facts on which the grievance is based, the specific provision(s) of the Contract allegedly violated, and the relief requested.
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Samples: Collective Bargaining Agreement