Scope of Procedure. The purpose of this Article is to provide a just, equitable, and expeditious method for resolving disputes between the City and the Union (or employees) concerning all aspects of the employment relationship between the City and bargaining unit employees, and concerning the bargaining relationship between the City and the Union. To that end, the parties hereby agree and stipulate as follows:
A. All disputes concerning the interpretation and/or application of the terms of this Agreement shall be submitted, if at all, to the grievance/arbitration procedure as called for herein. Failure to initially pursue grievance/arbitration in these instances shall be the basis for a plea in abatement in response to any suit or claim filed with a court of law and/or administrative agency.
B. Employee claims of violation of statutory or constitutional rights may be submitted to the grievance/arbitration procedure or may be pursued by means of judicial and/or administrative appeal; provided that once the employee has elected to file a lawsuit and/or administrative claim, all issues raised by the dispute or claim will be resolved in such lawsuit and/or administrative process, and no grievance may be filed concerning the same subject matter. It is recognized that claims falling under this subparagraph may be included with related claims of contract violations. In such circumstances, the City shall not be entitled to abatement of a suit involving the contract claims, related to the statutory or constitutional claims asserted, for failure to grieve such contract matters initially. If the employee elects to use the grievance/arbitration procedure to raise statutory or constitutional claims, such matters may not thereafter be appealed to court except as provided by this Article.
C. Claims alleging violation of Article 11, Section 1, or state or federal laws prohibiting employment discrimination including discrimination for having initiated or filed a claim for workers' compensation benefits, as prohibited by Texas Labor Code Section 451.001, shall not be subject to the grievance/arbitration procedure.
D. Disciplinary matters subject to the appeals procedure provided by Texas Local Government Code Chapter 143 shall not be subject to the grievance/arbitration procedure; provided that such matters, at the employee's election, will be subject to the Civil Service Commission or grievance/arbitration procedure under a just-cause standard, if Texas Local Government Code Section 143.057 i...
Scope of Procedure. Except as provided herein, grievances or complaints arising between the Employer and the I.U.P.A. on behalf of employees or on its own behalf with regard to matters effecting the I.U.P.A. as an entity or any employee subject to this Agreement, with regard to the interpretation or application of this Agreement, may be resolved through the following procedure. No complaint or grievance involving the same incident, problem, or other matter may be filed under this grievance procedure and the Civil Service Commission. If such a concurrent filing occurs, the complaint or grievance filed under this grievance procedure shall be immediately dismissed.
Scope of Procedure. The following procedures shall govern the reduction of certified/licensed staff made necessary through the reasons set forth in law. Such procedures may be subject to revision in order to ensure compliance with State and Federal laws relating to employment decisions. The procedures contained herein for such reduction in certificated/licensed staff shall not pertain to contracts non-renewed in accordance with Ohio Revised Code Section 3319.11 and to teachers employed as replacements for teachers on leave of absence.
Scope of Procedure. If the Board determines that a reduction is necessary, a reasonable reduction of teaching positions may be made by suspending members’ contracts in the event that a reduction becomes necessary as a result of a decreased enrollment of pupils, return to duty of regular teachers after leaves of absence, by reason of suspension of schools or territorial changes affecting the district or for financial reasons. When the affected member’s limited contract is expiring, such limited contract shall be renewed and then the new contract shall be suspended to accomplish the desired reduction.
Scope of Procedure. Absent mutual agreement of the Parties within ten (10) days on the source of an arbitrator and the rules under which she/he will function, the arbitrator shall be chosen from the American Arbitration Association (AAA) panel in accordance with its voluntary rules, or the Federal Mediation and Conciliation Service (FMCS). Absent mutual agreement to the contrary, said arbitrator shall function under the American Arbitration Association voluntary rules, provided that any procedural or substantive provision contained in this contract shall take precedence over any voluntary rule of the AAA which is contrary to or inconsistent with it.
Scope of Procedure. The City and the Association agree that the purpose of the dispute resolution procedure contained within this Article (herein procedure) is to provide a just and equitable method for resolving disagreements between the Parties regarding the interpretation of the provisions of this Agreement. Only matters involving the interpretation, application, enforcement or alleged violation of a specific provision of this Agreement shall be subject to this procedure. Disciplinary matters shall be administered pursuant to Chapter 143, TLGC or as otherwise provided in this Agreement, including Article 7 above, and are not subject to this procedure.
Scope of Procedure. The procedures contained herein for such reduction in employees shall not pertain to contracts non-renewed in accordance with ORC Section 3319.11 and to employees employed as replacements for employees on leave of absence.
Scope of Procedure. 17.1.1 Reductions in force (RIF) shall be for the reasons enumerated in Ohio Revised Code § 3319.
Scope of Procedure. The City and the Association agree that the purpose of this grievance procedure is to provide a just and equitable method for resolving disagreements between the parties, involving the interpretation, application or alleged violations of this Collective Bargaining Agreement. For the purposes of this article only, working days are defined as Monday-Friday, excluding weekends and City holidays.
Scope of Procedure. No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association and unless such dispute falls within the definition of a grievance or disciplinary appeal as set forth in subsection 25.1 (1).
