Step 2 (Formal) Clause Samples
The 'Step 2 (Formal)' clause outlines the formal stage in a multi-step process, typically within a dispute resolution or procedural framework. At this stage, parties are usually required to submit their concerns or claims in writing, often triggering a more structured review or negotiation process, such as escalation to senior management or formal mediation. This clause ensures that informal attempts to resolve issues are followed by a documented, official process, providing a clear record and structured opportunity for resolution before further escalation.
Step 2 (Formal). If the alleged grievance is not resolved to the satisfaction of the grievant in Step 1, a formal grievance, in writing, may be submitted to the employee's immediate supervisor within five (5) work days from the informal response. The statement must be complete, including but not limited to full employee name, all facts giving rise to the grievance, the date of occurrence, the date of informal discussion, the date of oral response, and shall state and identify the appropriate reference of all provisions and sections of this agreement alleged to be violated. The employee shall indicate the specific relief or action requested. Within five (5) work days after receiving the formal grievance, the immediate supervisor shall answer in writing to the grievant.
Step 2 (Formal). If the grievance has not been avoided and/or the dispute resolved by the operation of Step 1 and the Union wishes to file a formal grievance, the Union representative, shall file a written grievance with the affected department head or with his/her designee. The grievance must be filed within twenty-one
Step 2 (Formal) a) A formal complaint shall be submitted concurrently in writing, to the Executive Director, and to the Union Chairperson.
b) Upon receipt of the signed written complaint, the Executive Director shall (i) determine whether the alleged harasser or complainant should be removed and/or reassigned from the immediate workplace; (ii) advise the alleged harasser of the full details and scope of the complaint, name of accuser; and (iii) set up a board within five (5) calendar days to investigate the complaint. The Board shall consist of one (1) union representative, one (1) management representative and an independent chairperson. The Chairperson is to be selected by rotation from an agreed to list for the Institute as established by negotiations or may be a different person who is mutually agreed to. (No representative on the board shall be from the work unit where the incident is alleged to have occurred.) The parties to this Agreement may mutually agree to the board being established as a single chairperson. In this event, the board will be considered to be duly established and have the same authority as that of a three (3) person board. The parties will equally share the fees and expenses of the chairperson and other common expenses of the board. Common expenses of the board would normally include: meeting room expenses, photocopying, telephone, that may be incurred by the board.
c) It is agreed that as a general principle the alleged harasser be the one removed from immediate assigned work area. However, in exceptional circumstances (factors such as the emotional and mental health of the complainant), the complainant may be removed.
d) An opportunity for all parties affected to be heard, will be provided, in whatever manner is deemed appropriate by the board.
e) A response containing a decision and recommendations will be submitted in writing within twenty (20) days to the Union Chairperson and Executive Director. This time limit may be extended by mutual agreement of the Union Chairperson and Executive Director.
f) The three (3) person investigative board shall have jurisdiction to determine if there is harassment. If so, it shall recommend to the Employer appropriate action, up to and including counselling, permanent removal from the workplace or other remedial/disciplinary action. They shall also recommend a time frame for implementation. The board shall have the authority to determine whether a complaint is frivolous or vindictive and to recommend the app...
Step 2 (Formal). If the grievance has not been avoided and/or the dispute resolved by the operation of Step 1 and the Union wishes to file a formal grievance, the employee's Union representative on behalf of the employee, shall file a written grievance which has been signed by the employee with the employee's department head or with his/her designee. The grievance must be filed within twenty-one (21) calendar days of the event which gave rise to the grievance or within twenty-one (21) calendar days of the time the employee reasonably should have knowledge of the occurrence of the event, whichever is later. At the time the grievance is served upon the employee's department head, the Union shall provide the Employer's Chief Human Resources Officer or his/her designee with an informational copy thereof. The department head shall respond in writing to the Union Representative with copies to the employee and the Employer's Chief Human Resources Officer or his/her designee within twenty-one (21) calendar days after receipt of the grievance.
Step 2 (Formal). 1. If a satisfactory resolution is not reached at Step 1, the employee or the employee and the PEA representative or PEA President will forward the grievance in writing within fifteen (15) calendar days after receipt of the Step 1 decision, stating any objections to the Step 1 decision, to the Director, Labor Relations or designated representative, who shall receive the grievance on behalf of the Chief Operating Officer. The Chief Operating Officer’s designated representative shall, within fifteen (15) calendar days after receipt of the grievance, either:
i. Satisfy the grievance, or:
▇▇. ▇▇▇▇ with the aggrieved employee or the employee and PEA representative /PEA President, if an employee initiated grievance;
iii. Or with the PEA President and the Vice-President, if a PEA initiated grievance. The Chief Operating Officer’s designated representative shall render a written decision within fifteen (15) calendar days after the meeting.