Rules of Grievance Processing. 1. Time limits of any stage of the grievance procedure may be extended by written mutual agreement of the parties.
2. A grievance not filed or advanced by the grievant within the time limits provided shall be deemed permanently withdrawn as having been settled on the basis of the decision most recently received. Failure on the part of the Employer's representative to answer within the time limit set forth in any step will entitle the grievant to proceed to the next step within time limits provided.
3. An appointed authority may replace any titled position in the grievance procedure, provided that such appointee has full authority to act in the capacity of the person being replaced.
4. When the grievance is presented in writing there shall be set forth all of the following:
a. A complete statement of the grievance and facts upon which it is based.
b. The rights of the individual claimed to have been violated and the remedy or correction requested.
5. Those employees desiring to use alternative grievance procedures may not pursue the same complaint under the provisions of this contractual procedure. Similarly, an employee pursuing a grievance under the provisions of this contract may not pursue the same grievance under another procedure.
6. In the event of a classification related grievance, the statutory classification appeal route shall be followed wherein the grievance may be submitted to the Board of Personnel Appeals for final resolution. Where a question arises as to whether the matter falls under the jurisdiction of the Board or could possibly be arbitrated, the matter may be referred to the Board for a decision.
Rules of Grievance Processing. Time limits of any stage of the grievance procedure may be extended by written mutual agreement of the parties at that step.
Rules of Grievance Processing. Every grievance hereunder must be in writing and specify: (a) the Article and Section of each Article alleged to have been violated; (b) the alleged conduct violating the Agreement; (c) the date, time and place of alleged conduct; (d) the identity of the individual(s) committing the alleged conduct; and (e) the remedy sought for the alleged violations. A grievance must be filed within fifteen (15) days from the date of the disciplinary action taken, or, in grievance not involving disciplinary action, within fifteen (15) days from the date the employee could reasonably be expected to have knowledge of the facts constituting the grievance. Failure to file a grievance within the time required shall render the grievance null and void. All time limits for filing and further processing of grievances as provided in this Article shall be followed unless mutually extended in writing by the parties to the Agreement. Any grievance not filed or appealed in compliance with said time limits will be deemed settled on the basis of the decision most recently given. A grievance not answered within the time limits in this Article shall entitle the aggrieved employee to proceed to the next step. The aggrieved employee(s) may request representation by the Union at any meeting where disciplinary action is reasonably anticipated by the employee. However, the unavailability of a Union representative beyond twenty-four (24) hours shall not be reason for extending any time limits of this Article. Nothing in this Agreement shall be construed to prohibit an employee, if he so chooses, from processing his own grievance without representation by the Union where the adjustment, if any, of said grievance is not inconsistent with the terms of this Agreement. In the event an employee, rather than the Union, elects to invoke arbitration, the employee shall forward to the arbitrator, in advance of the arbitration hearing, an amount of money estimated by the arbitrator to be sufficient to cover the arbitrator’s fees and expenses. The Union hereby indemnifies, defends and holds harmless the City, its officers, officials, agents and employees against any claim, demand, suit or liability and for all legal fees and costs arising from any action taken or not taken by the Union with respect to processing or not processing grievances under this Article. At any step of the grievance procedure, the Department Director and/or the City Manager may appoint a person to act on his/her behalf. When a grieva...
Rules of Grievance Processing. Subsection A. Reference to days regarding time periods in this procedure shall refer to working days. A working day is defined as all week days which are not designated as holidays.
Subsection B. In computing any period of time prescribed herein, the date of the act, event or default for which the designated period of time begins to run shall not be included.
Subsection C. Time limits specified herein may be extended by mutual agreement of the parties involved at that step of the procedures.
Subsection D. Any grievance which is not filed or advanced within the time limits provided for herein shall be invalid and without further recourse.
Subsection E. Grievances concerning the Montana University Achievement Project (MAP) are excluded from the contractual grievance process. The sole and exclusive appeals process for MAP related grievances is that contained in the MAP Performance Development and Compensation Programs Guide.
Subsection F. An employee representative shall be allowed a reasonable amount of paid time (not to exceed two (2) hours for each grievance) to process written grievances and if their attendance is required, the actual time to appear at an arbitration hearing.
Subsection G. Exclusive Remedy In the event an employee files a complaint alleging unlawful discrimination or other unlawful conduct under procedures established by the Human Rights Division, Equal Employment Opportunity Commission, Office of Federal Contract Compliance Programs, Office of Civil Rights, the Board of Personnel Appeals, the Investigations Bureau of the Montana Department of Labor and Industry or the Federal Fair Labor Standards Office, the employer shall not be obligated to process a contractual grievance over a similar matter.
Rules of Grievance Processing. 1. Time limits at any stage of the grievance procedure may be extended by mutual agreement of the parties at that step.
2. A grievance shall include the following information:
a. A complete statement of the grievance and the facts upon which it is based.
b. The rights claimed to have been violated and the remedy requested.
3. The Union shall have the exclusive right to represent any Employee filing a grievance under this provision. By mutual agreement, the parties may conduct a closed conference with the grievant, the Union representative, and the administrator who supervises the grievant’s supervisor in an attempt to resolve the grievance. At least one (1) Union representative may be present at any meeting relating to a grievance at which the grievant is in attendance.
4. No reprisals of any kind will be taken by the Employer against any Employee because of participation in this grievance procedure.
5. Both the Union and the Employer will cooperate in the investigation of any grievance and will, upon request, furnish each other with information that is relevant to the processing of any grievance.
Rules of Grievance Processing. Time limits of any stage of the grievance procedure may be extended by written mutual agreement of the parties involved in that step. Rule 2. A grievance not filed or advanced by the grievant within the time limit provided shall be deemed permanently withdrawn as having been settled on the basis of the decision most recently received. Failure on the part of the employer's representative to answer within the time limits shall entitle the employee proceed to the next step.
Rules of Grievance Processing a. Any formal grievance filed shall be on proper forms and refer to the provision or provisions of the Agreement alleged to have been violated and shall set forth the facts pertaining to the alleged violation(s).
b. For the purpose of this Article, the working day is defined as the normal City work schedule within the forty (40) hour work week, Monday through Friday. Therefore, in computing time limits under this Article, Saturdays, Sundays and holidays, and authorized absences (such as vacation, personal option, sick, bereavement, and training assignments) shall not be counted. Time limits under this procedure may be extended only by mutual consent.
c. The written grievance at the first step, and all steps thereafter, shall contain the following information:
1. A statement of the grievance including date of occurrence, and details, and facts upon which the grievance is based.
2. The Article and the appropriate Section, if applicable, of the Labor Agreement alleged to have been violated.
3. The action, remedy or solution requested by the employee.
4. Signature of aggrieved employee and/or PBA representative, if applicable.
5. Reason for rejection of management's answer, if appealed.
6. Date submitted.
7. Grievance forms will be signed by the employee and/or their representative and the receiving supervisor, who will also record the date and time of receipt.
d. Grievances submitted which do not contain the above information shall be considered inappropriate and shall be returned to the employee or the PBA as applicable. The grievant must resubmit the amended grievance within three (3) working days of receipt of the returned grievance.
e. The written response at each step shall contain the following information:
1. An affirmation or detail of the facts upon which the grievance is based.
2. An analysis of the alleged violation of the Agreement.
3. The remedy or solution, if any, to be made.
4. Signature of the appropriate management representative.
f. A grievance not submitted within the time limits as prescribed for every step shall be considered untimely and deemed null and void. A grievance not appealed to the next step within the time limits established by this grievance procedure shall be considered as either settled on the basis of the last answer provided by management or that the grievant elected not to proceed any further. A grievance not answered within the time limits prescribed shall entitle the grievant to advance to the next step. In situations ...
Rules of Grievance Processing. A. A grievance must be presented to the immediate non-bargaining unit supervisor in within three (3) working days from the date the employees could reasonably be expected to have knowledge of the existence of the facts constituting the grievance.
B. A written grievance shall be dated and signed by the aggrieved employee presenting it. A written decision shall be forwarded to the aggrieved employees and shall be dated and signed by the appropriate City representative.
C. When a written grievance is presented it shall be signed and dated by the aggrieved employees, and upon receipt the City shall acknowledge receipt by signing and dating same.
D. A grievance not advanced to the higher step within the time limit provided shall be deemed permanently withdrawn as having been settled on the basis of the decision most recently given. Failure on the part of the City’s representative to render a decision within the time limit set forth in any step shall entitle the employees to proceed to the next step.
E. The written grievance must include the following:
1. A complete statement of the grievance and facts upon which it is based.
2. The remedy or correction requested.
3. The section or sections of this Agreement claimed to have been violated.
F. At any step of the grievance procedure the aggrieved employee(s) may be accompanied by a Union xxxxxxx or Union representative.
G. At any step of the grievance procedure a department head, or the City Manager, if absent, may appoint a person to act on his/her behalf.
Rules of Grievance Processing. 1. Time limits at any stage of the grievance procedure may be extended by written mutual agreement of the parties at that step.
2. A grievance not filed or advanced by the grievant, nor responded to by the Employer within the time limits provided herein, shall be deemed as forfeited by the party failing to meet the established time limits.
3. An appointed authority may replace any titled position in the grievance procedure, provided that such appointee has authority to act in the capacity of the person being replaced.
4. When the grievance is presented in writing, there shall be set forth all of the following:
i. A complete statement of the grievance and facts upon which it is based.
ii. The contractual rights of the individual claimed to have been violated and the remedy or correction requested.
5. Those employees desiring to use alternative grievance procedures may not pursue the same complaint under the provisions of this contractual procedure. Similarly, an employee pursuing a grievance under the provisions of this contract may not pursue the same grievance under another procedure.
Rules of Grievance Processing. 1. Time limits at any stage of the grievance procedure may be extended by written mutual agreement of the parties at that step. Steps of the grievance procedure may be skipped by mutual agreement of the union and the employer.
2. A grievance not filed or advanced by the grievant within the time limits provided shall be deemed permanently withdrawn as having been settled on the basis of the decision most recently received. Failure of the part of the Employer's representative to answer within the time limit set forth in any step will entitle the grievant to proceed to the next step.
3. An appointed authority may replace any titled position in the grievance procedure, provided that such appointee has authority to act in the capacity of the person being replaced.
4. Those employees desiring to use alternative grievance procedures may not pursue the same complaint under the provisions of this contractual procedure. Similarly, an employee pursuing a grievance under the provisions of this contract may not pursue the same grievance under another procedure.
5. In the event of a classification-related grievance, the statutory classification appeal route shall be followed wherein the grievance may be submitted to the Board of Personnel Appeals for final resolution. Where a question arises as to whether the matter falls under the jurisdiction of the Board or could possibly be arbitrated, the matter may be referred to the Board for a decision.
