Settlement Procedure. The parties shall make a sincere and determined effort to settle meritorious grievances in the steps of the Grievance Procedure to keep the procedure free of unmeritorious grievances. The Employer, Union Xxxxxxx, and the Superintendent shall first attempt to settle any grievances informally. Should the matter remain unresolved, then the grievance shall be processed in the following manner: STEP 1 No grievance shall be entertained or processed unless it is submitted in writing within ten (10) working days after the first occurrence of the event giving rise to the grievance, or within ten (10) working days after the employee, through the use of reasonable diligence, should have obtained knowledge of the first occurrence of the event giving rise to the grievance. Employee(s) along with his Xxxxxxx who has a grievance shall submit it to his Superintendent, in writing. The Superintendent shall give his written answer within two (2) working days after such presentation. STEP 2 If the grievance is not settled in Step 1 and the Union desires to appeal, it shall be referred by the Union in writing to the Employer and/or his designated representative within five (5) working days after the Superintendent’s answer in Step 1. A meeting between the Employer and/or his representative, and the authorized representatives of the Union shall be held within five (5) working days at a time mutually agreeable to the parties. The employee/grievant (or, in the case of group grievances, at least one of the employees/grievants) must be present at such meeting. If the grievance is settled as a result of such meeting, the settlement shall be reduced to writing and signed by the Employer or his representative, and the Staff Representative of the Union. If it is not settled, the Employer or his representative shall give the Employer’s written answer to the Union within ten (10) working days following the meeting.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Settlement Procedure. The parties shall make a sincere and determined effort to settle meritorious grievances in the steps of the Grievance Procedure to keep the procedure free of unmeritorious grievances. The Employer, Union Xxxxxxx, and the Superintendent shall first attempt to settle any grievances informally. Should the matter remain unresolved, then the A grievance shall be processed raised and discussed in accordance with the following mannerprocedure:
STEP 1 No Step 1: The employee or the Union (if a Union grievance) shall raise the grievance orally with the immediate supervisor. The employee may raise the grievance in company with a Union representative if they choose. The supervisor shall respond by no later than the end of the grieving employees’ second shift following the oral discussion.
Step 2: If the grievance is not resolved by the supervisor’s oral answer, it shall be entertained or processed unless it is submitted in reduced to writing within ten (10) working days after on a form to be supplied by the first occurrence of Laboratory, stating the event facts giving rise to the grievance, the section(s) of the Agreement allegedly violated, the relief requested and signed by the employee and presented to the Fire Chief no later than the end of the grievant’s second shift following the Step 1 response. The Chief shall give their written answer by the end of the grievant’s second shift following receipt of the written grievance.
Step 3: The Step 2 written answer shall settle the grievance unless it is appealed by the Union Xxxxxxx or an Officer of the Local Union to the Laboratory representative responsible for the administration of this Agreement within five (5) Laboratory work days after delivery of the second step written answer to the xxxxxxx or an officer of the local Union. The appeal shall rebut the second step answer and may request a meeting on the grievance. If a meeting is requested, the Laboratory representative (together with any other members of the Laboratory management they believe appropriate) will meet with the Xxxxxxx and a Union business representative to discuss the grievance. The Laboratory will submit a written answer within ten (10) working days after the employee, through the use of reasonable diligence, should have obtained knowledge Laboratory workdays of the first occurrence of the event giving rise to the grievance. Employee(s) along with his Xxxxxxx who has a grievance shall submit it to his Superintendent, in writing. The Superintendent shall give his written answer within two (2) working days after such presentation.
STEP 2 If the grievance is not settled in Step 1 and the Union desires to appeal, it shall be referred by the Union in writing to the Employer and/or his designated representative within five (5) working days after the Superintendent’s answer in Step 1. A meeting between the Employer and/or his representative, and the authorized representatives of the Union shall be held within five (5) working days at a time mutually agreeable to the parties. The employee/grievant (or, in the case of group grievancesif no meeting is requested, at least one of the employees/grievants) must be present at such meeting. If the grievance is settled as a result of such meeting, the settlement shall be reduced to writing and signed by the Employer or his representative, and the Staff Representative of the Union. If it is not settled, the Employer or his representative shall give the Employer’s written answer to the Union within ten (10) working days following Laboratory workdays after receipt of the meetingAppeal).That answer shall settle the grievance unless appealed to arbitration in accordance with the provisions of Article 5 of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Settlement Procedure. The parties shall make a sincere and determined effort to settle meritorious grievances in Grievances arising after the steps effective date of the Grievance Procedure to keep the procedure free signing of unmeritorious grievances. The Employerthis Agreement shall be raised, Union Xxxxxxxdiscussed, and the Superintendent shall first attempt to settle any grievances informally. Should the matter remain unresolved, then the grievance shall be processed taken up in accordance with the following mannerprocedure:
STEP 1 No grievance shall be entertained Step 1: Immediate Supervisor The employee or processed unless it is submitted in writing within ten (10) working days after the first occurrence of the event giving rise to the grievanceUnion, or within ten (10) working days after the employee, through the use of reasonable diligence, should have obtained knowledge of the first occurrence of the event giving rise to the grievance. Employee(s) along with his Xxxxxxx who has a grievance shall submit it to his Superintendent, in writing. The Superintendent shall give his written answer within two (2) working days after such presentation.
STEP 2 If the grievance is not settled in Step 1 and the Union desires to appeal, it shall be referred by the Union in writing to the Employer and/or his designated representative within five (5) working days after of the Superintendent’s answer incident giving rise to the grievance, shall orally raise the grievance with the employee's immediate supervisor outside the bargaining unit. Only employees who have input or information for a particular grievance shall be present in the initial grievance meeting. The supervisor shall have three (3) working days in which to respond to the grievance.
Step 2: Intermediate Supervisor, District Engineer, or Facility Head If the grievance is not resolved in Step 1. A meeting between 1 or an answer is not given within the time specified, the grievance shall be reduced to writing on a standard grievance form provided by the Employer and/or his representativefor such purpose stating the facts of the complaint, the section(s) of the Agreement allegedly violated, if applicable, and the authorized representatives of relief request- ed, dated and signed by the employee or by the xxxxxxx or Union representative. Such written grievance shall be held presented (or mailed by certified mail, return receipt requested) to the Intermediate Supervisor, District Engineer, or Facility Head or his/her designee within five (5) working days of the Supervisor's Step 1 response or the day such reply was due, whichever occurs first. The designated management official will have five (5) working days in which to respond to the grievance. Except that a meeting may be held to review the grievance at this step and shall be at a time mutually agreeable when the Union is available to attend. The designated management official shall have five (5) working days from the date of the meeting to respond to the parties. The employee/grievant (or, grievance in the case of group grievances, at least one of the employees/grievants) must be present at such meetingevent a meeting is held. Step 3: Agency Head If the grievance is settled as a result of such meetingnot satisfactorily resolved in Step 2 or an answer is not given in the time specified, the settlement shall be reduced to writing and signed by employee or the Employer xxxxxxx or his representativeUnion representative may, and the Staff Representative of the Union. If it is not settled, the Employer or his representative shall give the Employer’s written answer to the Union within ten five (105) working days following of the meetingStep 2 answer or after such answer was due, whichever occurs first, request in writing, a review by the Agency Head or his designee. Within fifteen (15) working days of the mutually scheduled hearing date or if no hearing is held, the Agency Head or his designee shall render a written decision on the grievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Settlement Procedure. The parties shall make a sincere and determined effort to settle meritorious grievances in Grievances arising after the steps effective date of the Grievance Procedure to keep the procedure free signing of unmeritorious grievances. The Employerthis Agreement shall be raised, Union Xxxxxxxdiscussed, and the Superintendent shall first attempt to settle any grievances informally. Should the matter remain unresolved, then the grievance shall be processed taken up in accordance with the following mannerprocedure:
STEP 1 No grievance shall be entertained Step 1: Immediate Supervisor The employee or processed unless it is submitted in writing within ten (10) working days after the first occurrence of the event giving rise to the grievanceUnion, or within ten (10) working days after the employee, through the use of reasonable diligence, should have obtained knowledge of the first occurrence of the event giving rise to the grievance. Employee(s) along with his Xxxxxxx who has a grievance shall submit it to his Superintendent, in writing. The Superintendent shall give his written answer within two (2) working days after such presentation.
STEP 2 If the grievance is not settled in Step 1 and the Union desires to appeal, it shall be referred by the Union in writing to the Employer and/or his designated representative within five (5) working days after of the Superintendent’s answer incident giving rise to the grievance, shall orally raise the grievance with the employee's immediate supervisor outside the bargaining unit. Only employees who have input or information for a particular grievance shall be present in the initial grievance meeting. The supervisor shall have three (3) working days in which to respond to the grievance.
Step 2: Intermediate Supervisor, Regional Engineer, or Facility Head If the grievance is not resolved in Step 1. A meeting between 1 or an answer is not given within the time specified, the grievance shall be reduced to writing on a standard grievance form provided by the Employer and/or his representativefor such purpose stating the facts of the complaint, the section(s) of the Agreement allegedly violated, if applicable, and the authorized representatives of relief requested, dated and signed by the employee or by the xxxxxxx or Union representative. Such written grievance shall be held presented (emailed or mailed by certified mail, return receipt requested) to the Intermediate Supervisor, Regional Engineer, or Facility Head or his/her designee within five (5) working days of the Supervisor's Step 1 response or the day such reply was due, whichever occurs first. The designated management official will have five (5) working days in which to respond to the grievance. Except that a meeting may be held to review the grievance at this step and shall be at a time mutually agreeable when the Union is available to attend. The designated management official shall have five (5) working days from the date of the meeting to respond to the parties. The employee/grievant (or, grievance in the case of group grievances, at least one of the employees/grievants) must be present at such meetingevent a meeting is held. Step 3: Agency Head If the grievance is settled as a result of such meetingnot satisfactorily resolved in Step 2 or an answer is not given in the time specified, the settlement shall be reduced to writing and signed by employee or the Employer xxxxxxx or his representativeUnion representative may, and the Staff Representative of the Union. If it is not settled, the Employer or his representative shall give the Employer’s written answer to the Union within ten five (105) working days following of the meetingStep 2 answer or after such answer was due, whichever occurs first, request in writing, a review by the Agency Head or his designee. Within fifteen (15) working days of the mutually scheduled hearing date or if no hearing is held, the Agency Head or his designee shall render a written decision on the grievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Settlement Procedure. The parties shall make a sincere and determined effort following procedure will be followed to settle meritorious grievances in the steps of the Grievance Procedure to keep the procedure free of unmeritorious grievances. The Employer, Union Xxxxxxx, and the Superintendent shall first attempt to settle any grievances informally. Should the matter remain unresolved, then the grievance shall be processed in the following manner:
STEP 1 No Step 1: The Employee shall submit his written grievance shall be entertained or processed unless it is submitted in writing within ten (10) working days after the first occurrence of the event giving rise to the grievance, or within ten (10) working days after the employee, through the use of reasonable diligence, should have obtained knowledge of the first occurrence of the event giving rise to the grievance. Employee(s) along with his Xxxxxxx who has a grievance shall submit it to his Superintendent, in writing. The Employee’s Superintendent shall give his written answer within two (2) working days after such presentation.
STEP 2 If the grievance is not settled in Step 1 and the Union desires to appeal, it shall be referred by the Union in writing to the Employer and/or his designated representative within five (5) working days after the Superintendent’s answer in Step 1. A meeting between the Employer and/or his representative, and the authorized representatives Employee knows or reasonably should know of the Union incident which gave rise to the grievance. The Superintendent shall be held respond in writing within five (5) working days.
Step 2: If the grievance has not been settled in Step 1, within seven (7) working days at a time mutually agreeable after the response of the Superintendent in Step 1, the Employee or Union Official, with the Employee’s approval, may present the grievance to the partiesDirector of Public Works. The employee/grievant Director of Public Works shall respond in writing within seven (or, in the case of group grievances, at least one of the employees/grievants7) must be present at such meeting. working days.
Step 3: If the grievance is not settled as a result of such meetingin Step 2, the settlement shall be reduced to writing and signed by the Employer Employee or his representative, and the Staff Representative of the Union. If it is not settled, the Employer or his representative shall give the Employer’s written answer to the Union Official, with the Employee’s approval, may, within ten (10) working days following of the meetingEmployee’s receipt of the Step 2 answer, file a written appeal to the Village Manager. Within ten (10) working days, the Village Manager will meet and discuss the grievance with the Employee and, if the Employee so desires, the Union Xxxxxxx and/or his representative and the Grievance Committee. The meeting held pursuant to this step shall be scheduled to begin during the regular working hours of Employees (i.e., as presently scheduled, prior to 3:00 p.m.). No more than one Union representative and the grievant shall be entitled to attend
Step 4: If a grievance is not settled in Step 3, the Union may, within ten (10) working days of the Employee’s receipt of the Step 3 answer, file with the Village Manager a written appeal to arbitration.
Appears in 1 contract
Samples: Memorandum of Agreement
Settlement Procedure. Grievances arising after the effective date of the signing of this Agreement shall be raised, discussed, and taken up in accordance with the following procedure:
Step 1: Immediate Supervisor The parties employee or the Union, within five (5) working days of the incident giving rise to the grievance, shall make orally raise the grievance with the employee's immediate supervisor outside the bargaining unit. Only employees who have input or information for a sincere and determined effort to settle meritorious grievances particular grievance shall be present in the steps of the Grievance Procedure to keep the procedure free of unmeritorious grievancesinitial grievance meeting. The Employersupervisor shall have three (3) working days in which to respond to the grievance.
Step 2: Intermediate Supervisor, Union XxxxxxxDistrict Engineer, and or Facility Head If the Superintendent shall first attempt to settle any grievances informally. Should grievance is not resolved in Step 1 or an answer is not given within the matter remain unresolvedtime specified, then the grievance shall be processed in reduced to writing on a standard grievance form provided by the following manner:
STEP 1 No Employer for such purpose stating the facts of the complaint, the section(s) of the Agreement allegedly violated, if applicable, and the relief requested, dated and signed by the employee or by the xxxxxxx or Union representative. Such written grievance shall be entertained presented (or processed unless it mailed by certified mail, return receipt requested) to the Intermediate Supervisor, District Engineer, or Facility Head or his/her designee within five (5) working days of the Supervisor's Step 1 response or the day such reply was due, whichever occurs first. The designated management official will have five (5) working days in which to respond to the grievance. Except that a meeting may be held to review the grievance at this step and shall be at a time when the Union is submitted available to attend. The designated management official shall have five (5) working days from the date of the meeting to respond to the grievance in writing the event a meeting is held. Step 3: Agency Head If the grievance is not satisfactorily resolved in Step 2 or an answer is not given in the time specified, the employee or the xxxxxxx or Union representative may, within five (5) working days of the Step 2 answer or after such answer was due, whichever occurs first, request in writing, a review by the Agency Head or his designee. Within fifteen (15) working days of the mutually scheduled hearing date or if no hearing is held, the Agency Head or his designee shall render a written decision on the grievance.
Step 4: Union-Employer Grievance Committee/Arbitration Hearing
A) Union-Employer Grievance Committee Meeting If the grievance is not adjusted in Step 3, or no answer is given within the time specified, the Union may request by written notice to the Department of Central Management Services, Division of Labor Relations, within ten (10) working days after the first occurrence of the event giving rise to the grievanceStep 3 answer, or within ten (10) working days after such answer was due, whichever occurs first, a union-employer grievance committee meeting. This committee shall consist of 3 members from the employee, through Union and 3 members from the use of reasonable diligence, should have obtained knowledge of the first occurrence of the event giving rise to Employer. Representatives from each party shall be those individuals having direct involvement in the grievance. Employee(s) along with his Xxxxxxx who has If mutually agreed to by both parties, a grievant may be allowed to attend the 4A grievance shall submit it meeting for suspensions of twenty days or more. If the local union requests, grievants will be allowed to his Superintendent, in writingattend the 4A grievance meeting involving discharges. Prior notification must given to the 4A Union-Employer Grievance Committee. The Superintendent committee shall give his written answer within two meet every other month to hear the grievance(s) which has been appealed to Step 4(a) at a time and place of mutual convenience. Less frequent meetings may occur by mutual agreement of the parties. Either party may be granted no more than one (21) working days after such presentation.
STEP 2 hold per grievance and any deviation from same shall be on a case by case basis, following mutual consultation and agreement. If the grievance is not settled in Step 1 and presented to the Union desires to appealCommittee at the next 4a meeting, it shall be referred by the Union in writing to the Employer and/or his designated representative within considered granted or withdrawn. Within five (5) working days after of the Superintendent’s answer 4a meeting, either party may decide that the grievance(s) raises a substantial issue which should be submitted to an independent arbitrator in accordance with the procedure set forth in Step 1. A meeting between the Employer and/or his representative, and the authorized representatives of the Union shall be held within five (54(b) working days at a time mutually agreeable to the parties. The employee/grievant (or, in the case of group grievances, at least one of the employees/grievants) must be present at such meeting. If the grievance is settled as a result of such meeting, the settlement shall be reduced to writing and signed by the Employer or his representative, and the Staff Representative of the Union. If it is not settled, the Employer or his representative shall give the Employer’s written answer to the Union within ten (10) working days following the meetingbelow.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Settlement Procedure. The parties shall make a sincere and determined effort following procedure will be followed to settle meritorious grievances in grievances:
Step 1: An Employee with a grievance should first attempt to resolve it informally with his immediate supervisor as soon as practicable after the steps of incident giving rise to the Grievance Procedure to keep the procedure free of unmeritorious grievances. The Employer, Union Xxxxxxxgrievance occurs, and the Superintendent shall first attempt supervisor should respond to settle any grievances informally. Should the Employee as soon as practicable after the matter remain unresolved, then is brought to him. Neither the
Step 2: If the grievance shall be processed is not settled in Step 1, the following manner:
STEP 1 No grievance shall be entertained or processed unless it is submitted in writing Employee must, within ten (10) working days after of the first occurrence of the event giving rise to the grievance, or within ten file a written grievance with the Department Head of the Department to which he is assigned. The Department Head shall have five (105) working days after in which to file a written response to the employeeEmployee. If the written grievance so requests, through and the use of reasonable diligenceDepartment Head so agrees in writing, should have obtained knowledge this Step may be bypassed and the grievance forwarded directly to Step 3. If Step 2 is bypassed, the Department Head’s written response to the grievance need not be filed, and the date that the grievance is forwarded to Step 3 shall be treated, for purposes of the first occurrence time limits set forth in Step 3, as the date of the event giving rise timely filing of an appeal to the grievance. Employee(s) along with his Xxxxxxx who has a grievance shall submit it to his Superintendent, in writing. The Superintendent shall give his written answer within two (2) working days after such presentationStep 3.
STEP 2 Step 3: If the grievance is not settled in Step 1 2, and the Union desires to appealgrievance does not involve suspension of five (5) days or greater or termination, it shall be referred by the Union in writing to the Employer and/or his designated representative Employee may, within five (5) working days after of receipt of Step 2 answer, file an appeal to the Superintendent’s Village Manager. The Village Manager shall render an answer in Step 1. A meeting between the Employer and/or his representative, and the authorized representatives of the Union shall be held within five (5) working days at a time mutually agreeable to the parties. The employee/grievant (or, in the case of group grievances, at least one of the employees/grievants) must be present at such meeting. If the grievance is settled as a result of such meeting, the settlement shall be reduced to writing and signed by the Employer or his representative, and the Staff Representative of the Union. If it is not settled, the Employer or his representative shall give the Employer’s written answer to the Union within ten (10) working days following of such appeal. Copies of such answer will be sent to the meetingEmployee. Either party may audio record the meeting in Step 3 at his own expense provided prior notice is given to the other party.
Step 4: If the grievance remains unsettled, either party may request arbitration consistent with the provisions of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Settlement Procedure. The parties shall make a sincere and determined effort following procedure will be followed to settle meritorious grievances in grievances:
Step 1: An Employee with a grievance should first attempt to resolve it informally with his immediate supervisor as soon as practicable after the steps of incident giving rise to the Grievance Procedure to keep the procedure free of unmeritorious grievances. The Employer, Union Xxxxxxxgrievance occurs, and the Superintendent shall first attempt supervisor should respond to settle any grievances informally. Should the Employee as soon as practicable after the matter remain unresolved, then is brought to him. Neither the grievance shall nor the response is required to be processed in the following manner:
STEP 1 No grievance shall be entertained or processed unless it is submitted put in writing at this step, although the supervisor should make a note of the date and time that the grievance was discussed and/or resolution attempted.
Step 2: If the grievance is not settled in Step 1, the Employee must, within ten (10) working days after of the first occurrence of the event giving rise to the grievance, or within ten file a written grievance with the Department Head of the Department to which he is assigned. The Department Head shall have five (105) working days after the employee, through the use of reasonable diligence, should have obtained knowledge of the first occurrence of the event giving rise in which to file a written response to the grievanceEmployee. Employee(s) along with his Xxxxxxx who has a If the written grievance shall submit it to his Superintendentso requests, and the Department Head so agrees in writing, this Step may be bypassed and the grievance forwarded directly to Step 3. The Superintendent If Step 2 is bypassed, the Department Head’s written response to the grievance need not be filed, and the date that the grievance is forwarded to Step 3 shall give his written answer within two (2) working days after such presentation.
STEP 2 be treated, for Step 3: If the grievance is not settled in Step 1 2, and the Union desires to appealgrievance does not involve suspension of five (5) days or greater or termination, it shall be referred by the Union in writing to the Employer and/or his designated representative Employee may, within five (5) working days after of receipt of Step 2 answer, file an appeal to the Superintendent’s Village Manager. The Village Manager shall render an answer in Step 1. A meeting between the Employer and/or his representative, and the authorized representatives of the Union shall be held within five (5) working days at a time mutually agreeable to the parties. The employee/grievant (or, in the case of group grievances, at least one of the employees/grievants) must be present at such meeting. If the grievance is settled as a result of such meeting, the settlement shall be reduced to writing and signed by the Employer or his representative, and the Staff Representative of the Union. If it is not settled, the Employer or his representative shall give the Employer’s written answer to the Union within ten (10) working days following of such appeal. Copies of such answer will be sent to the meetingEmployee. Either party may audio record the meeting in Step 3 at his own expense provided prior notice is given to the other party.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Settlement Procedure. The parties Any grievance shall make a sincere and determined effort to settle meritorious grievances be considered settled at the completion of any step in the steps procedure if all parties concerned are mutually satisfied. Dissatisfaction is implied in recourse from one step to the next. The time limits in this Article and in the following Article are intended to be mandatory. Any failure by an employee or the Union to abide by the time limits specified shall result in the grievance being considered settled. The failure of the Grievance Procedure Employer to keep answer a grievance in the procedure free time specified shall authorize the grieving party to proceed to the next step of unmeritorious grievancesthe procedure. The Employer, employee or the Union Xxxxxxx, and may request an extension on the Superintendent shall first attempt to settle time limits at any grievances informally. Should the matter remain unresolved, then step of the grievance and arbitration procedure which shall be processed effective if mutually agreed in writing between the parties. All grievances shall be handled and adjusted in the following manner:.
STEP 1 No Step 1: The grieving employee, or the grieving employee and the Union Worksite Leader, shall present the grievance to the employee’s immediate supervisor, who shall be entertained or processed unless it answer the grievance after a meeting within ten (10) working days.
Step 2: If the grievance is submitted not settled in writing Step 1, the grievance may, within ten (10) working days after the first occurrence of answer in Step 1, be presented in Step 2. When a grievance is taken to Step 2, it shall be reduced to writing in accordance with Section 5.1(b), signed by the event giving rise grievant or the grieving employee and the Union Worksite Leader and presented to the grievancegrievant department head or designee. The Department Head shall respond in writing after a meeting within ten (10) working days of receiving the second step appeal.
Step 3: If the grievance is not settled in Step 2, or the grievance may, within ten (10) working days after the employeeanswer in Step 2, through be presented in Step 3. A grievance shall be presented by the use of reasonable diligence, should have obtained knowledge of grievant or the first occurrence of grieving employee and the event giving rise Union Worksite Leader to the grievance. Employee(s) along with his Xxxxxxx who has a grievance shall submit it to his Superintendent, in writingDirector of Human Resources. The Superintendent Director of Human Resources shall give his written answer respond in writing after a meeting within two ten (210) working days after such presentationthe presentation of the grievance in this step.
STEP 2 Step 4: If the grievance is not settled in Step 1 and the Union desires to appeal3, it shall be referred by the Union in writing to the Employer and/or his designated representative within five (5) working days after the Superintendent’s answer in Step 1. A meeting between the Employer and/or his representative, and the authorized representatives of the Union shall be held within five (5) working days at a time mutually agreeable to the parties. The employee/grievant (or, in the case of group grievances, at least one of the employees/grievants) must be present at such meeting. If the grievance is settled as a result of such meetingmay, the settlement shall be reduced to writing and signed by the Employer or his representative, and the Staff Representative of the Union. If it is not settled, the Employer or his representative shall give the Employer’s written answer to the Union within ten (10) working days following after the meetinganswer in Step 3, be presented in Step 4. A grievance shall be presented by the grievant or the grieving employee and the Union Worksite Leader, in this step in writing to the Administrator. The Administrator or designee shall respond in writing after a meeting within ten (10) days of receiving the third step appeal.
Step 5: A grievance which has been processed through, but not resolved by the grievance procedure detailed in this Agreement may be appealed by the Union to arbitration by written notice addressed to the Director, Human Resources or designee. Such notice must be given within ten (10) working days after receipt of the answer at the fourth step of the grievance procedure. Such notice shall state the precise nature of the claim and the specific provisions of the labor agreement allegedly violated and relied upon in support of the grievance. Within ten (10) working days after receipt of such notice, the Employer and the Union, or their representative, shall jointly request the Federal Mediation and Conciliation Service (FMCS) to supply a panel of outside, impartial, independent arbitrators. Upon receipt of such panel, the Employer and the Union, or their representatives, shall alternately strike names, the grieving party striking first, until only one (1) name remains. That person shall serve as the impartial arbitrator. The award of the arbitrator shall be final and binding upon the parties to this Agreement. The jurisdiction and authority of the arbitrator shall be confined exclusively to the interpretation of the explicit provision(s) of the Agreement at issue between the Union and the Employer. The arbitrator shall not have the power to add to, ignore or modify any of the terms and conditions of this Agreement. Only one (1) grievance shall be submitted to an arbitrator in any one (1) arbitration proceeding, provided, however, that the parties may, by mutual agreement, submit more than one (1) related grievance to the same arbitrator in the same arbitration proceeding. The expenses of the arbitration (including the arbitrator and the transcript) shall be borne equally by both parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement