Common use of Rules of Grievance Processing Clause in Contracts

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 where management cannot meet prescribed time limits, the grievant or PBA representative, as applicable, shall be notified in writing by management. g. In advancing grievances up to and including Step 3, it is agreed by the City, the employee and/or the PBA representative that a reasonable number of witnesses may be called to offer testimony from direct knowledge only. Witnesses who are employees shall suffer no loss of pay or benefits while serving as witnesses and shall be excused to testify during working hours provided such absence from their place of work in no way interrupts, delays, or otherwise interferes with proper and effective service to the community. h. The PBA representative shall be allowed reasonable time off without loss of pay during his/her regular shift hours for investigating, presenting and appealing grievances up to and including Step 3 of this procedure. The performance of this function by the PBA representative shall in no way interrupt the normal functioning of the department. The PBA agrees to guard against the use of excessive time for such activities which are authorized by this Agreement. The PBA representative will provide advance notice to supervision to allow planning arrangements to enable the representative time for investigative activity. When a PBA representative desires to contact an employee who has a complaint, the representative shall first obtain oral permission from the employee's supervisor. If permission must be denied at that particular time, the PBA representative will be informed of the reason for the denial and when the representative can reasonably expect to contact the employee concerned. The PBA representative will notify his/her supervisor upon his/her return to work. a. The PBA shall indemnify and hold the City, its officers, officials, agents and employees harmless against any claim, demand, suit or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the PBA with respect to its policy in processing grievances. Before commencing of legal proceedings against the City in a court of law or equity, or before the PERC, or any other administrative agency, by an employee or employees for an alleged violation or violations of the express terms of this Agreement, the employee or employees shall use the grievance and arbitration procedure contained in this Agreement. b. Employees will follow all written and verbal directives, even if such directives are allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in any way prejudice the employee's right to file a grievance within the time limits contained herein nor shall compliance affect the ultimate resolution of the grievance. No employee or groups of employees may refuse to follow directions pending the outcome of a grievance.

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 where management cannot meet prescribed time limits, the grievant or PBA representative, as applicable, shall be notified in writing by management. g. In advancing grievances up to and including Step 3, it is agreed by the City, the employee and/or the PBA representative that a reasonable number of witnesses may be called to offer testimony from direct knowledge only. Witnesses who are employees shall suffer no loss of pay or benefits while serving as witnesses and shall be excused to testify during working hours provided such absence from their place of work in no way interrupts, delays, or otherwise interferes with proper and effective service to the community. h. The PBA representative shall be allowed reasonable time off without loss of pay during his/her regular shift hours for investigating, presenting and appealing grievances up to and including Step 3 of this procedure. The performance of this function by the PBA representative shall in no way interrupt the normal functioning of the department. The PBA agrees to guard against the use of excessive time for such activities which are authorized by this Agreement. The PBA representative will provide advance notice to supervision to allow planning arrangements to enable the representative time for investigative activity. When a PBA representative desires to contact an employee who has a complaint, the representative shall first obtain oral permission from the employee's supervisor. If permission must be denied at that particular time, the PBA representative will be informed of the reason for the denial and when the representative can reasonably expect to contact the employee concerned. The PBA representative will notify his/her supervisor upon his/her return to work. a. The PBA shall indemnify and hold the City, its officers, officials, agents and employees harmless against any claim, demand, suit or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the PBA with respect to its policy in processing grievances. Before commencing of legal proceedings against the City in a court of law or equity, or before the PERC, or any other administrative agency, by an employee or employees for an alleged violation or violations of the express terms of this Agreement, the employee or employees shall use the grievance and arbitration procedure contained in this Agreement. b. Employees will follow all written and verbal directives, even if such directives are allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in any way prejudice the employee's right to file a grievance within the time limits contained herein nor shall compliance affect the ultimate resolution of the grievance. No employee or groups of employees may refuse to follow directions pending the outcome of a grievance.

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 where management cannot meet prescribed time limits, the grievant or PBA representative, as applicable, shall be notified in writing by management. g. In advancing grievances up to and including Step 3, it is agreed by the City, the employee and/or the PBA representative that a reasonable number of witnesses may be called to offer testimony from direct knowledge only. Witnesses who are employees shall suffer no loss of pay or benefits while serving as witnesses and shall be excused to testify during working hours provided such absence from their place of work in no way interrupts, delays, or otherwise interferes with proper and effective service to the community. h. The PBA representative shall be allowed reasonable time off without loss of pay during his/her regular shift hours for investigating, presenting presenting, and appealing grievances up to and including Step 3 of this procedure. The performance of this function by the PBA representative shall in no way interrupt the normal functioning of the department. The PBA agrees to guard against the use of excessive time for such activities which are authorized by this Agreement. The PBA representative will provide advance notice to supervision to allow planning arrangements to enable the representative time for investigative activity. When a PBA representative desires to contact an employee who has a complaint, the representative shall first obtain oral permission from the employee's supervisor. If permission must be denied at that particular time, the PBA representative will be informed of the reason for the denial and when the representative can reasonably expect to contact the employee concerned. The PBA representative will notify his/her supervisor upon his/her return to work. a. The PBA shall indemnify and hold the City, its officers, officials, agents agents, and employees harmless against any claim, demand, suit or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the PBA with respect to its policy in processing grievances. Before commencing of legal proceedings against the City in a court of law or equity, or before the PERC, or any other administrative agency, by an employee or employees for an alleged violation or violations of the express terms of this Agreement, the employee or employees shall use the grievance and arbitration procedure contained in this Agreement. b. Employees will follow all written and verbal directives, even if such directives are allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in any way prejudice the employee's right to file a grievance within the time limits contained herein nor shall compliance affect the ultimate resolution of the grievance. No employee or groups of employees may refuse to follow directions pending the outcome of a grievance.