Common use of Process and Steps Clause in Contracts

Process and Steps. The following constitutes the exclusive method for resolving grievances between the parties under this Agreement, unless any step is waived or modified in writing by mutual consent of the Employer and the Union. Grievances involving suspensions or terminations will proceed in accordance with Step Two. Although the parties will endeavor to meet any deadlines contained in this Article, the parties agree that any such deadlines may be extended by mutual agreement. Any employee believing he/she has suffered a grievance, shall, with the assistance of a union representative, discuss the matter with his/her immediate supervisor. In order to be a legitimate grievance, the issue must be discussed within ten (10) calendar days of its occurrence. The General Manager shall give a written reply within five (5) calendar days of submission of the grievance. If the grievance is not resolved after Step 1, then within five (5) calendar days of the answer, the grievance shall be reduced to writing using the grievance form attached hereto as Appendix E and provided by the Union Representative or Shop Xxxxxxx to the General Manager. The written grievance should list the specific provision(s) of this Agreement alleged to have been violated and the remedy sought. Within five (5) calendar days of the grievance being filed in writing, a meeting shall occur between the General Manager, the regional Human Resources representative, the Union Representative, Shop Xxxxxxx and the grievant in an effort to resolve the grievance. The regional Human Resources representative shall provide a written response within five (5) calendar days of the meeting.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Process and Steps. The following constitutes the exclusive method for resolving grievances between the parties under this Agreement, unless any step is waived or modified in writing by mutual consent of the Employer and the Union. Grievances involving suspensions or terminations will proceed in accordance with Step Two. Although the parties will endeavor to meet any deadlines contained in this Article, the parties agree that any such deadlines may be extended by mutual agreement. Any employee believing he/she has suffered a grievance, shall, with the assistance of a union representative, discuss the matter with his/her immediate supervisor. In order to be a legitimate grievance, the issue must be discussed within ten (10) calendar days of its occurrence. The General Manager shall give a written reply within five (5) calendar days of submission of the grievance. If the grievance is not resolved after Step 1, then within five (5) calendar days of the answer, the grievance shall be reduced to writing using the grievance form attached hereto as Appendix E D and provided by the Union Representative or Shop Xxxxxxx union representative to the General Manager. The written grievance should list the specific provision(s) of this Agreement alleged to have been violated and the remedy sought. Within five (5) calendar days of the grievance being filed in writing, a meeting shall occur between the General Manager, the regional Human Resources representative, the Union Representativeunion representative, Shop Chief Xxxxxxx and the grievant in an effort to resolve the grievance. The regional Human Resources representative shall provide a written response within five (5) calendar days of the meeting.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Process and Steps. The following constitutes the exclusive method for resolving grievances between the parties under this Agreement, unless any step is waived or modified in writing by mutual consent of the Employer and the Union. Grievances involving suspensions or terminations will proceed in accordance with Step Two. Although the parties will endeavor to meet any deadlines contained in this Articlearticle, the parties agree that any such deadlines may be extended by mutual agreement. Any Step One (Employee and Manager): The employee believing he/she has suffered a grievance, shall, with the assistance of a union representative, discuss the matter with his/her immediate supervisor. In order to be a legitimate grievance, the issue must be discussed within ten (10) calendar days of its occurrence. The General Manager shall give a written reply within five (5) calendar days of submission the incident or circumstance giving rise to the dispute, take the matter up with his/her immediate manager. The employee has the full right and involvement of the grievanceShop Xxxxxxx in this step. Settlements reached at this level shall be considered non-precedential, unless the Employer and the Union Representative agree that the settlement shall be reduced to writing and may be used as a precedent in the future. The Manager involved in the Step 1 meeting shall respond within five (5) calendar days of the Step 1 meeting. Step Two: If the grievance is not resolved after Step 1, then within five (5) calendar days of the answerEmployer’s Step 1 response, or date the Step 1 response was due, the grievance shall be reduced to writing using the grievance form attached hereto as Appendix E and provided by the Shop Xxxxxxx or Union Representative or Shop Xxxxxxx to the General Manager. The written grievance should list the specific provision(s) of this Agreement alleged to have been violated and the remedy sought. Within five (5) calendar days of the grievance being filed in writing, a meeting shall occur between the General Manager, the regional Human Resources representative, the Union Representative, Shop Xxxxxxx and the grievant Grievant in an effort to resolve the grievance. The regional Human Resources representative General Manager shall provide a written response within five (5) calendar days of the meeting. Step Three: If the grievance is not resolved after Step 2, then within five (5) calendar days of the Employer’s Step 2 response, or date the Step 2 response was due, the grievance shall be submitted to the Employer’s national Human Resource Director. Within five (5) calendar days of the grievance being submitted, a meeting shall occur between the Human Resource Director, the Union Representative, Xxxxxxx and the Grievant in an effort to resolve the grievance. Such meeting may occur by telephone or videoconference. The Human Resource Director shall provide a written response within five (5) calendar days of the meeting. Step Four (Optional Mediation): Prior to the grievance being submitted to arbitration, the Union or the Employer may file a written request for a Grievance Mediation. The Grievance Mediation if agreed upon by both parties to this Agreement shall be held within thirty (30) calendar days of the written request. In the event the Employer and the Union cannot agree upon a mediator, either or both parties may apply to the Federal Mediation and Conciliation Service (FMCS) to submit a list of 5 names. The parties shall alternately strike names from the list until one (1) name remains, with the Employer striking first. The remaining person shall be the mediator. Such procedure shall apply in each case. Mediation of grievances shall be governed by the following rules: (1) The grievant shall have a right to be present at the Grievance Mediation; (2) Each party shall have one principal spokesperson; (3) Outside lawyers or consultants shall not participate in a Grievance Mediation; (4) Any documents presented to the mediator shall be returned to the respective parties at the conclusion of the hearing; (5) Proceedings shall be informal in nature. The presentation of evidence is not limited to that presented at earlier steps of the grievance procedure. The rules of the evidence shall not apply and no formal record of the Grievance Mediation shall be made; (6) The mediator shall have the authority to meet separately with any person or persons but shall not have the authority to compel a resolution of a grievance; (7) If no settlement is reached, the mediator shall provide the parties with an immediate written advisory decision within eighty-four (84) hours of the mediation; (8) The mediator shall state the grounds for his/her advisory decision; (9) The Grievance Mediation shall have no power to alter or amend the terms of the Agreement; (10) The cost of the mediator, if any, shall be split between the Employer and the Union; (11) In the event that a grievance which has been mediated subsequently goes to arbitration, no person serving as a mediator between these parties may serve as an arbitrator. Nothing said or done by the mediator may be referred to at arbitration. Nothing said or done by either party for the first time in the mediation hearing may be used against them at arbitration. As an alternative, by mutual agreement in advance of the Grievance Mediation hearing, the neutral third (3rd) person may be designated a mediator/arbitrator who will attempt to mediate the dispute. When this occurs, in the event a mediated settlement cannot be reached, the decision of the mediator/arbitrator shall be binding on both parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Process and Steps. The following constitutes the exclusive method for resolving grievances between the parties under this Agreement, unless any step is waived or modified in writing by mutual consent of the Employer and the Union. Grievances involving suspensions or terminations will proceed in accordance with Step Two. Although the parties will endeavor to meet any deadlines contained in this Article, the parties agree that any such deadlines may be extended by mutual agreement. Any employee believing he/she has suffered a grievance, shall, with the assistance of a union representative, discuss the matter with his/her immediate supervisor. In order to be a legitimate grievance, the issue must be discussed within ten (10) calendar days of its occurrence. The General Manager shall give a written reply within five (5) calendar days of submission of the grievance. If the grievance is not resolved after Step 1, then within five (5) calendar days of the answer, the grievance shall be reduced to writing using the grievance form attached hereto as Appendix E and provided by the Union Representative or Shop Xxxxxxx to the General Manager. The written grievance should list the specific provision(s) of this Agreement alleged to have been violated and the remedy sought. Within five (5) calendar days of the grievance being filed in writing, a meeting shall occur between the General Manager, the regional Human Resources representative, the Union Representative, Shop Xxxxxxx and the grievant in an effort to resolve the grievance. The regional Human Resources representative shall provide a written response within five (5) calendar days of the meeting.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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