Common use of Rules for Grievance Processing Clause in Contracts

Rules for Grievance Processing. 4 It is agreed: 5 A. A grievance must be brought forward within ten (10) days after the 6 employee, through use of reasonable diligence, should have obtained 7 knowledge of the occurrence of the event giving rise to the grievance. 8 B. Time limit at any stage of the grievance procedure may be extended by 9 the written mutual agreement of the parties involved at that step. 10 C. A grievance not advanced to the higher step within the time limit provided 11 shall be deemed permanently withdrawn and as having been settled on 12 the basis of the decision most recently given. Failure on the part of the 13 Employer's representative to answer within the time limit set forth in any 14 step will entitle the employee to proceed to the next step. 15 D. In computing time limits under this Article, Fridays (Step Three only), 16 Saturdays, Sundays and City-designated Holidays shall not be counted 17 except where it is specified by calendar days. 18 E. In settlement of any grievance resulting in retroactive adjustment, such 19 adjustment shall be limited to ten (10) days prior to the date of the filing of 20 the grievance except in the case where the compensation of an employee 21 is set or computed in error, then guidelines established in the City 22 Manager’s Administrative Procedure No. 2A, in effect on 9/13/04, will be 23 followed. 24 F. When a grievance is reduced to writing, there shall be set forth in the 25 space provided on the grievance form provided by the Employer, all of the 26 following: 27 (1) A complete statement of the grievance and facts upon which it is 28 based;

Rules for Grievance Processing. 4 12 It is agreed: 5 13 A. A grievance must be brought forward within ten (10) days after the 6 14 employee, through use of reasonable diligence, should have obtained 7 15 knowledge of the occurrence of the event giving rise to the grievance. 8 16 B. Time limit at any stage of the grievance procedure may be extended by 9 17 the written mutual agreement of the parties involved at that step. 10 18 C. A grievance not advanced to the higher step within the time limit provided 11 19 shall be deemed permanently withdrawn and as having been settled on 12 20 the basis of the decision most recently given. Failure on the part of the 13 21 Employer's representative to answer within the time limit set forth in any 14 22 step will entitle the employee to proceed to the next step. 15 23 D. In computing time limits under this Article, Fridays (Step Three only), 16 24 Saturdays, Sundays and City-designated Holidays shall not be counted 17 25 except where it is specified by calendar days. 18 26 E. In settlement of any grievance resulting in retroactive adjustment, such 19 27 adjustment shall be limited to ten (10) days prior to the date of the filing of 20 28 the grievance except in the case where the compensation of an employee 21 29 is set or computed in error, then guidelines established in the City 22 1 Manager’s Administrative Procedure No. 2A, in effect on 9/13/04, will be 23 2 followed. 24 3 F. When a grievance is reduced to writing, there shall be set forth in the 25 4 space provided on the grievance form provided by the Employer, all of the 26 5 following: 27 6 (1) A complete statement of the grievance and facts upon which it is 28 7 based;

Rules for Grievance Processing. 4 14 It is agreed: 5 15 A. A grievance must be brought forward within ten (10) days after the 6 16 employee, through use of reasonable diligence, should have obtained 7 17 knowledge of the occurrence of the event giving rise to the grievance. 8 18 B. Time limit at any stage of the grievance procedure may be extended by 9 19 the written mutual agreement of the parties involved at that step. 10 20 C. A grievance not advanced to the higher step within the time limit provided 11 21 shall be deemed permanently withdrawn and as having been settled on 12 22 the basis of the decision most recently given. Failure on the part of the 13 23 Employer's representative to answer within the time limit set forth in any 14 24 step will entitle the employee to proceed to the next step. 15 25 D. In computing time limits under this Article, Fridays (Step Three only), 16 26 Saturdays, Sundays and City-designated Holidays shall not be counted 17 27 except where it is specified by calendar days. 18 28 E. In settlement of any grievance resulting in retroactive adjustment, such 19 29 adjustment shall be limited to ten (10) days prior to the date of the filing of 20 30 the grievance except in the case where the compensation of an employee 21 1 is set or computed in error, then guidelines established in the City 22 2 Manager’s Administrative Procedure No. 2A, in effect on 9/13/04, will be 23 3 followed. 24 4 F. When a grievance is reduced to writing, there shall be set forth in the 25 5 space provided on the grievance form provided by the Employer, all of the 26 6 following: 27 : 7 (1) A complete statement of the grievance and facts upon which it is 28 8 based; 9 (2) The section or sections of this Agreement claimed to have been 10 violated; and 11 (3) The remedy or correction requested. 12 G. An employee, upon request, shall be entitled to FOP representation in 13 accordance with the provisions of this Agreement at each and every step 14 of the grievance procedure set forth in this Agreement. This shall not be 15 construed as requiring the FOP to represent a non-member. 16 H. Employees will follow all written and verbal directives, even if such 17 directives are allegedly in conflict with the provisions of this Agreement. 18 Compliance with such directives will not in any way prejudice the 19 employee's right to file a grievance within the time limits contained herein 20 nor shall compliance affect the ultimate resolution of the grievance. No 21 employee or groups of employees may refuse to follow directions pending 22 the outcome of a grievance. 23 I. The City agrees that the FOP Representative of record will be furnished 24 with a copy of each grievance filed by an employee within the bargaining 25 unit. Violation of this section (6.2(I)) is subject to the grievance procedure, 26 but only through Step 3. 27 J. Where a grievance is general in nature in that it applies to a number of 28 members rather than a single member and those members work for more 29 than one Sergeant, such grievance shall be presented in writing directly to 30 the Chief of Police (Step Two) within the time limits provided. The 1 grievance shall be signed by the aggrieved members or a representative 2 of the FOP.