Common use of Steps of the Grievance Procedure Clause in Contracts

Steps of the Grievance Procedure. All grievances shall be processed in accordance with the following procedure. Grievances over final counseling or dismissal will begin at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty (30) calendar days from the occurrence of the situation, condition or action that caused the grievant to file. Within thirty (30) calendar days of the occurrence of a situation, condition, or action that caused the grievance, the employee(s) affected and/or the xxxxxxx or Union representative shall present the grievance to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violated. If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar days.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Steps of the Grievance Procedure. All grievances 18.2.1. If an employee has a complaint, they shall first confer with the Flight Attendant Manager immediately following the event or circumstance giving rise to the complaint and they may be accompanied by a Union Xxxxxxx if they so request. 18.2.2. The Union will not file a grievance until the affected employee or the Union has first given the Flight Attendant Manager the opportunity to settle the complaint, except for those complaints referred to in Article 18.2.4 and 18.2.5. 18.2.3. If such informal discussion does not result in a satisfactory adjustment of the employee’s complaint, an xxxxxxx effort shall be processed made to settle grievances properly arising under this Agreement in accordance with the following procedure. Grievances over final counseling manner: STEP 1 The grievance shall be submitted by the union representative in writing to the Flight Attendant Manager or dismissal will begin at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty their designate within ten (3010) calendar days Calendar Days from the occurrence date immediately following the event or circumstance giving rise to the grievance or the date on which the affected employee ought to have become aware of the situationevent or circumstance giving rise to the grievance or the date on which the informal discussion referred to in section 18.2.1 was held, condition or action that caused whichever is later. The grievance shall be signed and dated by the grievant to file. Within thirty (30) calendar days Union and the nature of the occurrence of a situation, condition, or action that caused the grievance, the employee(s) affected and/or article or articles of this Agreement alleged to have been violated and the xxxxxxx remedies sought shall all be clearly set out in the written grievance. The Flight Attendant Manager or their designate will meet with a Union representative shall present to discuss the grievance. The employees affected by the grievance to may attend with the employee’s immediate supervisor for resolutionUnion, within ten (10) calendar days. The Human Resources Consultant may also attend, if desired by the University. Presentation Flight Attendant Manager or their designate shall render their decision in writing within seven (7) Calendar Days of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violated. above-mentioned meeting. STEP 2 If the grievance is directed against not resolved at Step 1, the employeeUnion District Chairperson may appeal, in writing, to the Vice President of Operations or their designate within ten (10) Calendar Days from the date of receipt of the Flight Attendant Manager’s immediate supervisordecision at Step 1. Within ten (10) Calendar Days of receipt of the written appeal from the Union District Chairperson, Vice President of Operations or their designate will meet with a Union representative to discuss the grievance. The employees affected by the grievance may be presented to attend with the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the EmployerUnion. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance Vice President Operations or their designate shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the render their decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar daysCalendar Days after the meeting. STEP 3 Failing satisfactory settlement at Step 2, either the Company or the Union may submit the grievance to arbitration in accordance with the provisions of Section 19: Arbitration. 18.2.4. A grievance arising directly between the Company and the Union concerning the interpretation, application or alleged violation of this Agreement shall be initiated by either the Company or the Union at Step 2 of the grievance procedure within ten (10) Calendar Days from the date immediately following the event or circumstance giving rise to such policy grievance or the date on which the Company or the Union ought to have become aware of the event or circumstance giving rise to such policy grievance, whichever is later. If not so presented the grievance shall be forfeited and waived by the aggrieved party. The nature of the grievance, the article or articles of this Agreement alleged to have been violated and the remedies sought shall all be clearly set out in the written grievance. 18.2.5. In the event a non-probationary employee claims they have been disciplined without just cause, the Union shall submit a written grievance at Step 1 of the grievance procedure within ten (10) Calendar Days after the employee was notified by the Company in writing of their discipline, except that where the employee claims they have been discharged without just cause, the Union shall submit a written grievance at Step 2 of the grievance procedure within ten (10) Calendar Days after the employee was notified by the Company in writing of their discharge.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Steps of the Grievance Procedure. All grievances shall Prior to filing a first step grievance the employee or his/her representative will notify management of the need to address a matter, which would qualify as a grievance, within five (5) working days of the issue being known. Once management has received the request to meet, a meeting will be processed in accordance with scheduled within three (3) working days to attempt to resolve the following procedurematter informally. Grievances over final counseling By agreement of the employee or dismissal will begin at Step Twohis/her representative and management, this meeting time restriction can be extended for an additional 2 days. For all other grievancesIf, after the meeting, the parties issue remains unresolved the employee has the right to initiate a formal grievance starting at the first step. In addition, when management has a need to meet with an employee, the employee will be given the specific reasons for the meeting, and if the need for the meeting is disciplinary or may agree lead to waive discipline the employee will be given the opportunity to arrange for representation prior to the start of the meeting. Management shall not be obligated to postpone the meeting for more than 48 hours if the employee’s representative is unable to meet. Representation is limited to a member of the Union, and does not include legal representation prior to the filing of a formal grievance. 1) Step One. For grievances filed directly at Step TwoOne – Immediate Supervisor a) Within five (5) working days of the time that the grievant receives a response to the required pre-grievance informal resolution process, the grievant will have thirty or the Union shall state the grievance in writing on the approved "Employee Grievance Form" to the building principal, administrative designee, or immediate supervisor. b) Within five (305) calendar working days from after receiving the occurrence of written "Employee Grievance Form," the situationbuilding principal, condition administrative designee, or action that caused immediate supervisor shall hold a meeting with the grievant to file. and his/her representative. c) Within thirty five (305) calendar working days of after the occurrence of a situationmeeting, conditionthe building principal, administrative designee, or action that caused immediate supervisor shall communicate his/her response in writing on the grievance, the employee(s) affected and/or the xxxxxxx or Union representative shall present the grievance "Employee Grievance Form" to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by the University. Presentation of the grievance shall include a short written description of the subject of the grievance grievant and the contract Articles allegedly violated. Union. 2) Step Two - Human Capital Management a) If the grievance is directed against the not resolved to employee’s satisfaction at Step One, the grievant may appeal to Step Two by filing the “Employee Grievance Form” with Human Capital Management within ten (10) working days of receipt of the building principal’s, administrative designee’s, or immediate supervisor’s response,. b) The Chief of Human Capital Management (or designee) will review the grievance. The Chief of Human Capital Management (or designee) will rule on the grievance within 10 working days. c) If the Chief of Human Capital Management (or designee) does not rule in favor of the grievant, the grievance may be presented appealed to Step Three or to Step Four if Step Three is waived as provided herein. 3) Step Three – Grievance Mediation a) Within ten (10) working days of receiving the next higher level grievance decision of supervision. In the event Chief of Human Capital Management (or designee), either party may request mediation, per the employee’s immediate supervisor does guidelines of the Federal Mediation and Conciliation Services (FMCS). b) If the grievance is not have authority to resolve the grievanceresolved through grievance mediation, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step Onegrievant may, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) working days after the conclusion of the grievance mediation, appeal to Step Four (Hearing Officer). 4) Step Four - Hearing Officer a) If the grievance is not resolved at Step Three, or if Step Three is waived by the parties prior to the expiration of the ten days following the decision at Step Two, within ten (10) working days of receipt of the decision or waiver of Step Three, the grievant may appeal to Step Four by filing the “Employee Grievance Form” with the designated Hearing Officer. b) Within fourteen (14) calendar daysdays after receiving the Step Four appeal, the designated Hearing Officer shall hold a hearing with the grievant, his/her representative, and the administration. c) Within ten (10) working days after the hearing, the designated Hearing Officer shall provide his/her decision in writing on the “Employee Grievance Form” to the grievant and the Union. 5) Step Five – Superintendent Review a) Within twenty (20) calendar days of receiving the decision of the Hearing Officer as described in Step Four, either party may request review at Step Five. b) No less than 10 working days from receipt of the request for review the Superintendent or designee, (which shall be a Cabinet Member) shall review the documentation and written position statements from both parties, will consult with the appropriate Union representative and Administration representative, and shall issue a decision within ten (10) working days following said consultations. Such consultations by the Superintendent may be held jointly and/or separately. The Chief of Human Capital Management and the Union may develop additional timelines/guidelines for the orderly submission of such documentation and written position statements hereafter. The decision shall be final unless it is a grievance in one of the following categories:

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Steps of the Grievance Procedure. All grievances shall be processed in accordance with the following procedure. Upon mutual agreement, Step One, Two or Three may be skipped. Grievances over final counseling or dismissal will begin at Step Two. For all other grievancesStep One: Supervisor, Manager or Designee If the issue is not resolved informally, the parties Union may agree file a written grievance to waive Step Onethe supervisor or designee, and/or the Labor Relations office. For grievances filed directly at Step TwoThe Employer will designate a supervisor, manager or designee who will meet in person or confer by telephone with a union xxxxxxx and/or staff representative and the grievant will have thirty (30) calendar days from the occurrence grievant. The date of the situation, condition or action that caused the grievant to file. Within thirty meeting will be mutually agreed upon within fifteen (3015) calendar days of the occurrence receipt of a situation, condition, or action that caused the grievance, the employee(s) affected and/or the xxxxxxx or Union representative shall present the grievance and when possible the meeting will take place within the aforementioned fifteen (15) calendar days. The format (face to face or by telephone) for the meeting will be by mutual agreement. The employer will respond in writing to the employee’s immediate supervisor for resolutionUnion within fifteen (15) calendar days after the meeting. The Human Resources Consultant may also attend, if desired by the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violated. If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. Two: If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall may be put into writing on the agreed upon grievance form and referred moved to the Step Two by filing the written grievance, including a copy of the Step One decision to department head or designee head, designee, or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall meeting will be specified. The parties shall attempt to meet to resolve the grievance mutually agreed upon within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections after notice of the Agreement and/or written policy or practice allegedly violated filing at Step Two and to provide a copy to when possible the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University meeting will be represented by take place within the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar days.aforementioned fifteen

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Steps of the Grievance Procedure. All The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement and shall be processed followed in accordance with its entirety unless any Step is waived by mutual written consent. Time extensions may be mutually agreed to by the following procedureTownship and the Union. Grievances over final counseling or dismissal will begin at Step Two. For all other grievancesIn the absence of an extension as aforesaid, the parties may agree to waive Step Onetime limits expressed herein shall be strictly adhered to. For grievances filed directly at Step TwoIf any grievance has not been initiated within the time limits specified, the grievant will grievance shall be deemed to have thirty (30) calendar days from been waived. If any grievance is not processed to the occurrence next succeeding step in the grievance procedure within the time limits prescribed, then the disposition of the situation, condition or action grievance at the last preceding step shall be deemed to be conclusive. A failure to respond at any level within the time limits provided shall be deemed a denial of the grievance at that caused the grievant to fileStep. Within thirty five (305) calendar working days of after the occurrence of a situation, condition, or action that caused event giving rise to the grievance, or within five (5) working days after the employee(s) affected and/or employee reasonably should have become aware of the xxxxxxx grieved event, whichever first occurs, the aggrieved employee or the Union representative shall present institute action under the provisions herein by meeting with his supervisor and discussing the grievance orally. The supervisor shall respond orally to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by grievance within five (5) working days after the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violatedmeeting. If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be satisfactorily resolved at Step One, the aggrieved employee or the Union Shop Xxxxxxx shall reduce the grievance will be processed at Step Two to writing, signed by the level aggrieved employee or the Union Representative, and file the grievance with the Department Head or his or her designee within five (5) working days after receipt or after the due date of management as designated by the University Step One response. To be timely and effective, the written grievance must set forth in reasonable detail the department facts underlying the grievance, the specific contract provisions at issue, and the relief sought. The Department Head or his or her designee shall render a written response to the grievance within five (5) working days from the receipt of the written grievance. In the event the Department Head initiates the action which has been named results in the grievance. , the Township Committee liaison shall serve in the place of the Department Head. a. If a satisfactory settlement the grievance is not reached in satisfactorily resolved at Step OneTwo, and the employee wishes to pursue Union Business Representatives shall then take the matter further, said grievance up in a meeting with the Township Committee or its designee within five (5) working days after receipt (or after date) of the Step Two response. The Township Committee or its designee shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations render a written decision within fifteen (15) calendar working days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this stepsaid meeting. b. In the event such meeting is scheduled during employees regular working hours, the Union agrees to cite all known sections of aggrieved employee, the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a participating employee representative from the Office of Labor RelationsUnion, and a Human Resources Consultantany necessary employee witnesses shall be released from work without loss of regular straight time pay. Requests for employee representative(s) and witnesses shall be made to the Township representative(s) by no later than three (3) working days prior to the date of any meeting and meeting dates shall be scheduled considering the availability of all parties and witnesses and the needs of the Township. In the event the grievance is not resolved at Step Three, if desired the Township or the Union may file for arbitration in accordance with the rules and regulations of the New Jersey State Board of Mediation. a. The arbitrator shall be bound by the Universityprovisions of this Agreement and is restricted to the application of the facts presented to him and is limited to the interpretation of the Agreement. The University will respond in writing within ten (10) calendar daysarbitrator shall have no authority to add to, alter, amend or modify any provision of the Agreement. Furthermore, the arbitrator shall be bound by the laws of New Jersey and shall be without power to advise or direct the completion of any illegal act or acts beyond the legal authority of the parties. b. The decision of the arbitrator shall be final and binding on both parties. c. The arbitrator's fees and expenses shall be borne jointly by the parties to the Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Steps of the Grievance Procedure. All In order to resolve grievances covered by this Agreement between the parties, this procedure shall be followed unless any step is waived by mutual consent: An aggrieved employee shall institute action under the provisions hereof within fifteen (15) calendar days of the occurrence of the event giving rise to the grievance. Action is instituted by filing a grievance with the Association Grievance Committee. Failure to act within said fifteen (15) calendar days shall be deemed to constitute an abandonment of the grievance. Within fifteen (15) calendar days after the grievance has been filed and before an effort is made to settle the matter, the Association Grievance Committee shall screen and study the matter to determine whether same has or lacks merit. Such processing of grievances shall be processed in accordance take place without discrimination and irrespective of membership or affiliation with the following procedureAssociation. Grievances over final counseling Upon finding merit or dismissal will begin non-merit, the Association Grievance Committee shall present written confirmation of such determination to the BOFC’s Commissioner of Personnel with the request that the Commissioner of Personnel investigate and resolve same, if required. If a resolution of the Grievance has not been reached within five (5) working days of the submission to the supervisor, the grievance may proceed to Step Two. 1. In the event a satisfactory settlement has not been reached at Step Two. For all other grievancesOne, the parties may agree Association may, within ten (10) calendar days of the Commissioner of Personnel's or a designee's decision, file its written grievance with the BOFC. This presentation shall include copies of all previous correspondence relating to waive Step Onethe matter in dispute. 2. For grievances filed directly The BOFC or its' designee shall review the decision of the Commissioner of Personnel, and within ten (10) calendar days from receipt of the grievance make a written determination. 1. In the event the grievance has not been resolved at Step Two, the grievant will have thirty (30) calendar days from the occurrence of the situationAssociation may, condition or action that caused the grievant to file. Within within thirty (30) calendar days of the occurrence of a situationBOFC's decision, condition, or action that caused the grievance, the employee(s) affected and/or the xxxxxxx or Union representative shall present the grievance to the employee’s immediate supervisor for resolutionrequest arbitration. The Human Resources Consultant may also attend, if desired by arbitrator shall be chosen in accordance with the University. Presentation rules of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violatedPublic Employment Relations Commission (PERC). 2. If the grievance is directed against the employee’s immediate supervisorHowever, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance no arbitration hearing shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen scheduled sooner than thirty (1530) calendar days after the final decision by the BOFC. In the event that the aggrieved employee elects to pursue other remedies, the arbitration shall be canceled and the matter withdrawn from Step Onearbitration. The date of alleged occurrence of Association shall pay whatever costs it may have incurred in processing the grievance shall be specified. The parties shall attempt case to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar daysarbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Steps of the Grievance Procedure. All grievances (a) It is understood that a member of the bargaining unit has no grievance until they have first given the Administrator an opportunity to adjust their complaint. It may be appropriate that an oral discussion be held at this point. The Administrator shall give an oral reply within seven (7) calendar days following presentation of the complaint. (b) Failing settlement of the complaint as hereinbefore provided, such matter may be processed taken up as a grievance in accordance with the following procedure. Step 1 Within seven (7) days of a reply received pursuant to Article 9.05 (a) which is unsatisfactory to the Employee the Employee may submit the grievance in writing dated and signed to the Administrator. Grievances over final counseling or dismissal The Administrator shall forward copies to the Chief Executive Officer. A meeting will begin at Step Two. For all other grievances, be held between the parties may agree to waive Step One. For grievances filed directly at Step Two, Administrator and the grievant will have thirty Employee within seven (307) calendar days from the occurrence of receipt of the situation, condition or action that caused notice. The decision of the grievant to file. Within thirty Administrator shall be given within seven (307) calendar days of the occurrence meeting. Step 2 Failing settlement of a situationthe grievance at Step 1, conditionand if further action is to be taken then within seven (7) days after the decision is given in Step 1, or action that caused the Employee shall submit the grievance, the employee(s) affected and/or the xxxxxxx or Union representative shall present the grievance in writing, dated and signed to the employee’s immediate supervisor for resolutionChief Executive Officer or designated representative. The Human Resources Consultant may also attend, if desired A discussion will then be held between Chief Executive Officer and the Employee within ten (10) days of receipt by the University. Presentation Chief Executive Officer of the notice from the Employee. Step 3 Failing settlement of the grievance shall include under the foregoing procedure, or should the Chief Executive Officer or designated representative fail to render a short written description of the subject of decision as required in Step 2, and the grievance and arises from the contract Articles allegedly violated. If the grievance interpretation, application or alleged violation of this Collective Agreement including any questions as to whether a matter is directed against the employee’s immediate supervisorarbitrable, the grievance may be presented referred to arbitration by either the next higher level of supervision. In Employer or the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievanceUnion. If a satisfactory settlement is not reached in Step One, and the employee wishes no written notice of intent to pursue submit the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations arbitration is received within fifteen seven (157) calendar days after the decision from under Step One. The date of alleged occurrence of 2 is given or time for the reply by the Chief Executive Officer or designated representative has elapsed, the grievance shall be specified. The parties shall attempt deemed to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated have been settled and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar daysabandoned.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Steps of the Grievance Procedure. All grievances Grievances shall be processed in accordance with the following procedure. Grievances over final counseling or dismissal will begin presented at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty (30) calendar days from the occurrence 1 of the situation, condition or action that caused the grievant to file. Within thirty grievance procedure within twenty-five (3025) calendar regularly scheduled working days of the occurrence of a situation, conditionevent or occurrence, or action that caused the grievanceknowledge of such event or occurrence, the employee(s) affected and/or the xxxxxxx or Union representative shall present the grievance to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by the University. Presentation of otherwise the grievance shall include not be a short written description justifiable grievance. The Local President and Chief Xxxxxxx, as well as the College’s Vice Chancellor for Human Resources (or designee), shall be notified, in writing, of the subject of all grievance filings and settlements at any step. a. Employees who feel they have a grievance shall first discuss the grievance and with the contract Articles allegedly violated. campus xxxxxxx. b. The xxxxxxx will then discuss the grievance with the employee's immediate supervisor. c. If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented settled at the level having authority to act as determined by the Employer. The Employer will respond this step within five (5) calendar regularly scheduled working days and the settlement involves compensation, the Local President and College’s Vice Chancellor for Human Resources (or designee) will be notified, in writing, of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and proposed settlement. a. If the grievance canis not be resolved settled at Step One1, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. presented in writing on a standard form, signed by the employee, stating the facts and conditions on which it is based, the date of occurrence, article(s) and section(s) of the contract alleged to have been violated, to the immediate supervisor and to the College’s Vice Chancellor for Human Resources (or designee) within five (5) regularly scheduled working days after the discussion provided for in Step 1. b. The parties employee's immediate supervisor shall, within five (5) regularly scheduled working days after receipt of the grievance, answer the grievance in writing with copies to the employee, xxxxxxx, the President of the Local Union and the College’s Vice Chancellor for Human Resources (or designee). a. If the grievance is not settled at Step 2, it may be appealed to the appropriate member of Chancellor’s Cabinet within five (5) regularly scheduled working days after receipt of an answer provided for in Step 2(b). b. The appropriate member of Chancellor’s Cabinet shall, within five (5) regularly scheduled working days after receipt of the appealed grievance, answer the appealed grievance in writing with a copy to the employee, the xxxxxxx, the President of the Local Union and the College’s Vice Chancellor for Human Resources (or designee). a. If the grievance has not been settled in Step 3, and if it is to be appealed to the fourth step, a written notice of such appeal must be sent to the office of the College’s Vice Chancellor for Human Resources (or designee), within ten (10) regularly scheduled working days after receipt of the answer provided for in Step 3(b). b. The Local President and two other Union representatives, one of whom shall attempt to be from the Council, and the College’s Vice Chancellor for Human Resources (or designee), and other appropriate Employer's representatives shall meet to resolve consider the grievance within fifteen (15) calendar regularly scheduled working days following after the office of the College’s Vice Chancellor for Human Resources (or designee) receives notice of appeal to Step 4. However, the availability of the Council’s representative shall not unreasonably delay the time limits stated in this step. Either the Union or the College may call in all principal parties to the grievance and such other parties as either party may deem necessary. c. The College’s Vice Chancellor for Human Resources (or designee) shall give the Local President a written answer to the grievance within fifteen (15) regularly scheduled working days after the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar dayssuch meeting.

Appears in 2 contracts

Samples: Classified Master Agreement, Classified Master Agreement

Steps of the Grievance Procedure. All grievances (a) It is understood that a member of the bargaining unit has no grievance until she has first given the Administrator an opportunity to adjust her complaint. It may be appropriate that an oral discussion be held at this point. The Administrator shall give an oral reply within seven (7) calendar days following presentation of the complaint. (b) Failing settlement of the complaint as hereinbefore provided, such matter may be processed taken up as a grievance in accordance with the following procedure. Step 1 Within seven (7) days of a reply received pursuant to Article 9.05 (a) which is unsatisfactory to the Employee the Employee may submit the grievance in writing dated and signed to the Administrator. Grievances over final counseling or dismissal The Administrator shall forward copies to the Chief Executive Officer. A meeting will begin at Step Two. For all other grievances, be held between the parties may agree to waive Step One. For grievances filed directly at Step Two, Administrator and the grievant will have thirty Employee within seven (307) calendar days from the occurrence of receipt of the situation, condition or action that caused notice. The decision of the grievant to file. Within thirty Administrator shall be given within seven (307) calendar days of the occurrence meeting. Step 2 Failing settlement of a situationthe grievance at Step 1, conditionand if further action is to be taken then within seven (7) days after the decision is given in Step 1, or action that caused the Employee shall submit the grievance, the employee(s) affected and/or the xxxxxxx or Union representative shall present the grievance in writing, dated and signed to the employee’s immediate supervisor for resolutionChief Executive Officer or designated representative. The Human Resources Consultant may also attend, if desired A discussion will then be held between Chief Executive Officer and the Employee within ten (10) days of receipt by the University. Presentation Chief Executive Officer of the notice from the Employee. Step 3 Failing settlement of the grievance shall include under the foregoing procedure, or should the Chief Executive Officer or designated representative fail to render a short written description of the subject of decision as required in Step 2, and the grievance and arises from the contract Articles allegedly violated. If the grievance interpretation, application or alleged violation of this Collective Agreement including any questions as to whether a matter is directed against the employee’s immediate supervisorarbitrable, the grievance may be presented referred to arbitration by either the next higher level of supervision. In Employer or the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievanceUnion. If a satisfactory settlement is not reached in Step One, and the employee wishes no written notice of intent to pursue submit the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations arbitration is received within fifteen seven (157) calendar days after the decision from under Step One. The date of alleged occurrence of 2 is given or time for the reply by the Chief Executive Officer or designated representative has elapsed, the grievance shall be specified. The parties shall attempt deemed to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated have been settled and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar daysabandoned.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Steps of the Grievance Procedure. All The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement, except for other procedures established by statute or regulation, and shall be processed followed in accordance its entirety unless any step is waived by mutual consent. The Union shall have the right to process a grievance at any step with or without the consent of the aggrieved employee. Such intervention shall be according to the provisions of this Article. Every employee must immediately notify the President of the Union or a Union representative appointed by the President if a controversy appears to be a grievance before any action is taken by the employee. A representative of the Union shall be present at any meeting held concerning a grievance unless an employee has written authorization from the Union to meet without Union representation present. A grievance initiated by the Board shall be filed directly with the following procedure. Grievances over final counseling or dismissal will begin at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty Union within ten (3010) calendar days from after the occurrence event-giving rise to the grievance has occurred, exclusive of the situation, condition or action that caused the grievant to fileSaturdays and Sundays. Within thirty A meeting shall be held within ten (3010) calendar days after the filing of the occurrence of a situation, condition, or action that caused the grievance, exclusive of Saturdays and Sundays, between the employee(srepresentatives of the Board and the Union, in an xxxxxxx effort to adjust the differences between the parties. If the Board fails to act within ten (10) affected and/or calendar days, this shall be deemed an abandonment of the xxxxxxx or Union representative shall present grievance. If the parties do not resolve the grievance, then either party can submit the grievance to arbitration under Step three of this Article within ten (10) calendar days after the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violated. If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority last meeting was held to resolve the grievance, exclusive of Saturdays and Sundays. STEP ONE- an aggrieved party shall institute action by notifying the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond Board Liaison in writing within ten (10) working days of the occurrence of the grievance or within ten (10) workings days of the actual or implied knowledge of the grievance, and an xxxxxxx effort shall be made to settle the differences between the aggrieved party and Board or their designee, for the purpose of resolving the matter informally. Failure of the aggrieved party to act within said ten (10) working days shall be deemed to constitute an abandonment of the grievance. The Board Liaison, or their designee, shall respond to such grievance, in writing, within ten (10) calendar days.days after the receipt of such grievance. In the event of the failure of the Board or their designee to act in accordance with the provisions of "Step One," paragraph "2" above, or in the event an answer by him in accordance with provisions thereof is deemed unsatisfactory by the aggrieved party, then within ten (10) calendar days of receipt of notification of an answer or when a notification should have been received, said aggrieved party may appeal to the Board (Step 2). Failure of the aggrieved party to act within ten

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Steps of the Grievance Procedure. All grievances A grievance within the scope of this procedure as defined in Section 1 shall be processed handled as follows: Step 1 The aggrieved employee shall submit his written grievance to the Association grievance committee and a copy to the Chief. The committee shall determine whether the grievance is valid. The committee shall judge each grievance in accordance with the following procedurea fair and equitable manner and shall not discriminate against employees who are not Association members. Grievances over final counseling or dismissal will begin at Step Two. For all other grievancesIf, in its sole discretion, the parties may agree to waive Step One. For grievances filed directly at Step Twogrievance committee determines that the grievance is not valid, the grievant will committee shall give written notice of that determination to the aggrieved employee. Step 2 If the Association deems the grievance to be valid, the Association shall submit a written grievance to the Chief within twenty (20) working days following occurrence of the event or from the date the employee should reasonably have thirty known about the event, but no later than three (303) calendar days months from the occurrence of the situationevent, condition or action that caused giving rise to the grievant grievance. The Chief shall respond in writing to file. Within thirty this grievance within twenty (3020) calendar working days of the occurrence of a situation, condition, or action that caused the grievance, the employee(s) affected and/or the xxxxxxx or Union representative shall present the grievance to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violated. its receipt. Step 3 If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does has not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be been resolved at Step One2, the Association shall submit the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing City Manager within ten (10) calendar working days following the receipt of the Chief’s decision. The city manager shall respond in writing to this grievance within twenty (20) working days of its receipt. If the City Manager does not respond within twenty (20) working days, the grievance shall be deemed denied. The requirement in Steps 1 through 3 for written grievances and responses shall not preclude the aggrieved employee and the appropriate management representative from orally discussing and resolving the grievance. Step 4 If the grievance has not been resolved at Step 3, the Association may request that the grievance be submitted to mediation with the Federal Mediation and Conciliation Services (FMCS). The FMCS will be contacted within ten (10) working days of the request for such services.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Steps of the Grievance Procedure. All grievances shall be processed The parties agree that the purpose of this procedure is to obtain expeditious resolution, in accordance with good faith, of disputes between the following procedureparties. Grievances over final counseling or dismissal will begin at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty One - Within ten (3010) calendar days from after the occurrence of the situation, condition or action that caused the grievant event giving rise to file. Within thirty (30) calendar days of the occurrence of a situation, condition, or action that caused the grievance, the employee(s) affected and/or aggrieved employee and shop xxxxxxx shall institute action under the xxxxxxx or Union representative shall present provisions herein by meeting with his/her general supervisor and discussing the grievance orally. The general supervisor shall respond orally to the employee’s immediate supervisor for resolutiongrievance within three (3) working days after the meeting. The Human Resources Consultant may also attend, if desired by the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violated. Step -Two If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be satisfactorily resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance Union representative shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of reduce the grievance shall be specified. The parties shall attempt to meet to resolve writing and file the grievance within fifteen (15) calendar days following with the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing aggrieved employee’s Department/Division Head within ten (10) calendar daysworking days after receipt (or after the due date) of the Step One1 response. The written grievance document shall contain sufficient detail and specificity as to enable the Department/Division Head to adequately understand the nature of the grievance and shall cite the specific provision of the Agreement being grieved. The written grievance document shall be signed by the aggrieved employee(s) or in the case of a class grievance, by the appropriate Union official. It is the intention of the parties that the Department/Division Head be supplied with sufficient information in order to respond to the allegations of the grievance. The Department/Division Head may request additional information from the Union and/or the aggrieved employee when deemed necessary; this authority shall not be exercised unreasonably or for purposes of delay. Within seven (7) working days after receipt of an adequately documented grievance, the Department/Division Head shall meet with the aggrieved employee and the shop xxxxxxx. Said meeting shall take place at a mutually agreeable meeting time such that Township operations and the provision of services to the public are not interrupted. The Department/Division Head shall render a written response based upon the written grievance document and the meeting with the employee and shop xxxxxxx within seven (7) working days of the meeting. Step –Three If the grievance is not satisfactorily resolved at Step Two, the Union representative shall submit the written grievance document together with the written decision of the Department/Division Head to the Business Administrator or his designee within ten (10) working days after receipt (or after the due date) of the Step Two response. The Business Administrator or his designee shall schedule a meeting to review the grievance and the Step Two determination. Each party may not have more than three (3) persons present at the meeting; for the Union, a representative of AFSCME Council 52 shall be included among the three (3) persons present. The Business Administrator or his designee shall render a written response within ten (10) working days of the meeting, unless the grievance is other wise resolved. Step – Four If the grievance is not satisfactorily resolved at Step Four, AFSCME Council 52 may submit the grievance to arbitration within twelve (12) working days after receipt (or after the due date) of the Step Three response. If any grievance has not been initiated within the time specified, the grievance shall be deemed to have been waived. If any grievance is not processed to the next succeeding step in the Grievance Procedure within the time limits prescribed, then the disposition of the grievance at the last preceding step shall be deemed to be conclusive. In each step, to be timely and effective, the written grievance must set forth in reasonable detail the facts underlying the grievance, the specific contract provisions at issue, and the relief sought. Additionally, to be timely and effective, the writing filed in the previous steps of the grievance must contain all of the materials filed in the previous steps, together with a detailed statement of the reasons why the responses (if any) were claimed to be unsatisfactory.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All grievances shall be processed in accordance with the following procedure. Grievances over final counseling or dismissal will begin at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty (30) calendar days from the occurrence of the situation, condition or action that caused the grievant to file. Step One: Presentation. Within thirty (30) calendar days of the occurrence of a situation, condition, or action that caused the grievance, the employee(s) affected and/or the xxxxxxx or Union representative shall present the grievance to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violated. If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the he/shethe employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar days.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement and shall be processed followed in accordance with the following procedureits entirety unless any step is waived by mutual consent. Grievances over final counseling or dismissal will begin at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, : The moving party shall present the grievant will have thirty grievance in writing signed by the aggrieved to the Department Head within ten (301) calendar days from the occurrence of the situation, condition or action that caused the grievant to file. Within thirty (30) calendar working days of the occurrence giving rise to the grievance for the purpose of a situation, condition, or action that caused resolution. In the discussion of the grievance, the employee(s) affected and/or the persons involved shall make an xxxxxxx or Union representative shall present the grievance to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violated. If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority effort to resolve the matter. The Department head shall make whatever additional investigation is necessary and shall, within ten (10) calendar working days after presentation of the grievance, the grievance will be presented at the level having authority to act as determined by the Employergive his decision. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files Step Two: If a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by moving party may, within ten (10) calendar days of receipt of the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached answer in Step One, and submit the employee wishes to pursue the matter further, said written grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations borough Administrator, who shall give his answer within fifteen ten (1510) calendar days after of the decision from Step One. The date of alleged occurrence presentation of the grievance shall be specifiedin Step Two. The parties shall attempt to meet to resolve Step Three: If the grievance within fifteen (15) calendar days following the date of written submittal. At this stepis not resolved in Step Two, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant it may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond appealed in writing within ten (10) calendar daysdays after receipt of the answer in Step Two to the Mayor and Council. Upon receipt of an appeal, a meeting shall be scheduled to discuss the grievance within ten (10) working days of receipt of the appeal unless extended by mutual agreement. The decision of the Mayor and Borough Council shall be made not later than ten (10) working days after the Step Three meeting. Step Four: Arbitration (a) In the event the grievance has not been resolved at Step Three, either party may within ten (10) calendar days request arbitration. The arbitrator shall be chosen in accordance with the Rules of the Public Employment Relations Commission. (b) The arbitrator shall be bound by the provisions of this Agreement and restricted to the application of the facts presented to him involved in the grievance. The arbitrator shall not have the authority to add to, modify, detract from or alter in any way the provisions of this Agreement or any amendment or supplement thereto. (c) The cost of the services of the arbitrator shall be borne equally between the Borough and the Union, if necessary. Any other expense incurred, including but not limited to the presentation of witnesses, shall be paid by the party incurring same. (d) The arbitrator shall set forth his findings o fact and reasons for making the award. The decision of the arbitrator shall be final and binding.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All Step 1. Any xxxxxxx or employee who has a grievance shall submit it orally, with or without his Xxxxxxx present, to the Department Superintendent or person designated for that purpose by the Employer. The Department Superintendent or the person designated to whom the grievance is submitted shall respond orally within five (5) working days after its submission. The Employer shall designate, in writing, individuals to whom grievances shall be processed in accordance with the following proceduresubmitted pursuant to this Step. Grievances over final counseling or dismissal will begin at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty (30) calendar days from the occurrence A copy of the situation, condition or action that caused the grievant to file. Within thirty (30) calendar days list of the occurrence of a situation, condition, or action that caused the grievance, the employee(s) affected and/or the xxxxxxx or Union representative individuals so designated shall present the grievance be given to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by the University. Presentation of the grievance shall include a short written description of the subject of the grievance Union and the contract Articles allegedly violatedUnion Stewards. Step 2. If the grievance is directed against not resolved orally, it shall be submitted in writing, and shall be signed by the employee’s immediate supervisoremployee and the Union Xxxxxxx, the grievance may be presented to the next higher level of supervision. In Department Director or person designated for the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined purpose by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar working days following the date oral response of written submittalthe Department Superintendent or person designated. At this stepThe grievance shall set forth in detail all the relevant facts on which it is based, the Union agrees to cite all known sections express provision or provisions of the Agreement and/or written policy or practice allegedly violated and to provide the specific relief requested. The Department Director or the person designated for that purpose shall give a copy written answer to the employee and the Union Xxxxxxx within five (5) working days after a meeting has been held concerning the grievance. Step 3. If the grievance is not resolved in Step 2 of this procedure, a dated Notice of Appeal shall be given by the Union to the Director of Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar working days after receipt of the answer at Step 2. The Director of Human Resources shall discuss the grievance with the grievant and the Union representative at a mutually agreeable time and place within ten (10) working days. Any other employee participating in this Step at the request of the Union shall not be compensated by the Employer. If a settlement is not reached, the Director of Human Resources shall submit a written answer to the Union within ten (10) working days following such meeting.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All grievances Step One - Any member or group having a grievance shall be processed in accordance first informally discuss such grievance with the following procedure. Grievances over final counseling or dismissal will begin at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty his/her/their Division Xxxx within ten (3010) calendar days from after the occurrence of the situation, act or condition or action that caused which is the grievant to filebasis of said grievance. Within thirty If such grievance is not discussed within ten (3010) calendar days of after the occurrence of a situation, condition, the act or action that caused condition which is the basis of said grievance, the employee(s) affected and/or the xxxxxxx or Union representative shall present the grievance to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by the University. Presentation of the said grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violatedbe waived. If the grievance is directed against member and the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority Division Xxxx are unable to resolve the grievancematter, the a grievance will form shall be presented submitted at the level having authority meeting to act as determined by the Employer. The Employer will respond Division Xxxx within five (5) calendar days after the conclusion of the meeting. In The grievance form shall include the event an employee files date and facts of the occurrence of the act or condition which is the basis of said grievance, and a grievance outside reference to the department in which specific provision(s) of the employee contract allegedly violated. The form is employed to be dated and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two signed by the level of management as designated by the University in the department which has been named in grievant. The grievant shall advance the grievance. The immediate supervisor or the Office of Human Resources shall respond in writing to the Union grievance committee chair or other Union officer if the grievance committee chair is unavailable within five (5) days of this grievance submission. Step Two - If a satisfactory settlement is the written response and/or action taken by the immediate supervisor or Office of Human Resources does not reached in resolve the grievance to the satisfaction of the grievant(s), the grievant shall have the right to advance the grievance to the Vice President for Academic Affairs. The grievant or their Association representative shall submit the grievance to the Vice President for Academic Affairs. Failure to advance the grievance within five (5) days from the receipt of the Step One, and One written decision of the employee wishes to pursue the matter further, Vice President for Academic Affairs supervisor's action on said grievance shall be put into deemed a waiver of the right to advance the grievance. A. The grievant(s) shall be advised in writing on of the agreed upon grievance form time, place and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence such meeting and shall have the right to be represented at such meeting by a representative of the grievance shall be specified. Association. B. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant Vice President for Academic Affairs may be represented by a xxxxxxx person of his/her choice. The Vice President for Academic Affairs shall take action on the advanced grievance within five (5) days of the meeting or receipt of the grievance if no meeting is required. The action taken and the reasons for the action shall be reduced to writing and copies sent to the grievant(s), the Association and the supervisor. All Association grievances as previously defined herein shall be initiated at Step Two of the grievance procedure. The written grievance shall contain a statement of the alleged facts upon which the grievance is based and a union staff representativereference to the specific provision(s) of the Agreement allegedly violated. Upon advancing the grievance to the President, a meeting shall be arranged by the President or his/her designee within five (5) days after the receipt of the advanced grievance or at a mutually agreed date. A. The University will grievant(s) shall be advised in writing of the time, place, and date of such meeting and shall have the right to be represented at such meeting by a representative of the Association. B. The supervisor may be represented by a person of his/her choice. The President or his/her designee shall take action on the appropriate management official(sadvanced grievance within five (5) days of the meeting or designee(sreceipt of the grievance if no meeting is required. The action taken and the reasons for the action shall be reduced to writing and copies sent to the grievant(s), the grievance committee chair or other union officer if the grievance committee chair is unavailable and the Vice President for Academic Affairs. The parties shall participate in mediation prior to advancing the grievance to Step Four or Step Five. The parties shall first attempt to mutually agree on a representative from mediator. If unable to do so, the Office parties shall request for FMCS to appoint a mediator. The mediation shall be conducted in accordance with FMCS rules. Each party shall pay fifty percent (50%) of Labor Relationsthe cost of mediation. A. The grievance shall be filed with the Secretary to the Board of Trustees. A copy shall be sent to the President or his/her designee, and a Human Resources Consultant, if desired copy shall be sent to the Board Chairperson. B. The Secretary to the Board of Trustees shall place the matter on the agenda for the next regular meeting of the Board of Trustees in an executive session. Each grievant involved shall have the right to be represented at such meeting by the Universitycounsel and/or an Association representative of his/her/their/its choice. The University will Board of Trustees shall respond in writing to such appeal within ten five (105) calendar daysdays of this meeting. Copies of the written final and binding decision of the Board shall be sent to the grievant(s), grievance committee chair, President or his/her designee and the supervisor.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All grievances A. Step One — Informal The grievant shall be processed in accordance discuss the grievance with the following procedure. Grievances over final counseling or dismissal will begin at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty (30) calendar his/her immediate supervisor within 15 days from the occurrence or of the situationemployee’s first knowledge. The supervisor shall respond to the grievance as quickly as reasonable, condition or action that caused but not later than 10 days after the grievance is first discussed. B. Step Two — Supervisor If the grievance remains unresolved, the grievant shall submit the grievance in writing to file. Within thirty (30) calendar the supervisor within 10 days of the occurrence receipt of the immediate supervisor’s reply. The written grievance shall include: (a) a situationclear statement of the grievance and related facts, condition(b) specific identification of the specific portion of the contract allegedly violated, or action that caused (c) a clear statement of the specific remedy sought. The supervisor shall respond to the grievant in writing within 10 days of the receipt of the grievance. C. Step Three — Superintendent If the grievance remains unresolved, the employee(s) affected and/or the xxxxxxx or Union representative grievant shall present submit the grievance set forth in Step Two in writing to the Superintendent within 10 days of the receipt of the supervisor’s written decision. The Superintendent or his/her designee shall meet with the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by and the University. Presentation employee within 10 days of the grievance shall include a short written description receipt of the subject grievance. After the hearing and a review of the grievance correspondence and relevant facts, the contract Articles allegedly violated. If Superintendent or designee shall respond to the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond in writing within five (5) calendar 10 days of the meeting. In . D. If the event grievance remains unresolved, the grievant may, with the concurrence of the Association, appeal the grievance as set forth in Step Three in writing to arbitration within 10 days of the grievant’s receipt of the Superintendent’s decision and in the following manner: 1) The written notice of an employee files a grievance outside appeal will be made to the department in which the employee is employed Superintendent and the grievance cannot be resolved at Step Oneparties will attempt to jointly select an arbitrator. Failing to do so, the grievance will be processed at Step Two by the level a written request for a list of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance arbitrators shall be put into writing on made, within 10 days of the agreed upon grievance form and referred appeal to arbitration, to the department head or designee or to the next appropriate level of management and the Office of Labor Employment Relations within fifteen Board (15XXX) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specifiedby either party. The parties shall attempt to meet to resolve then be bound by the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections rules and procedures of the Agreement and/or written policy XXX in the selection of an arbitrator. 2) The arbitrator shall have no authority to add to, subtract from or practice allegedly violated and to provide a copy change any of the terms of the agreement, except as specifically modified in any other article of the agreement. The arbitrator shall confine himself to the Human Resources Office and Office of Labor Relationsissues submitted for arbitration. The grievant may arbitrator’s award shall be represented by a xxxxxxx final and a union staff representative. binding on all parties. 3) The University will arbitrator’s fees and expenses shall be represented equally shared by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired parties. All other expenses shall be borne exclusively by the University. The University will respond in writing within ten (10) calendar daysparty requiring the service or item for which payment is to be made.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All The following constitutes the sole and exclusive method for resolving grievances shall be processed in accordance with the following procedure. Grievances over final counseling or dismissal will begin at Step Two. For all other grievances, between the parties may agree covered by this agreement: a. The grievant shall institute action under the provisions hereof in writing, signed and delivered to waive Step One. For grievances filed directly at Step Twothe immediate supervisor or department head, where the grievant will department head is alleged to have thirty committed the grievable act, within eight (30) calendar days from the occurrence of the situation, condition or action that caused the grievant to file. Within thirty (30) calendar 8) working days of the occurrence of a situation, conditioncomplained of, or action that caused within eight (8) working days after the grievant would reasonably be expected to know of its occurrence. Failure to act within the prescribed time shall be deemed to constitute an abandonment of the grievance, . The employee shall have the employee(s) affected and/or right to present his/her appeal in person or designate a representative authorized by the xxxxxxx or Union to present said appeal with him/her without loss of pay. Neither the employee nor the Union representative shall present suffer any loss of pay. b. The immediate supervisor or department head, where the grievance department head is alleged to have committed the grievable act, shall render in writing a decision to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by the University. Presentation grievant within ten (10) working days after receipt of the grievance shall include a short written description grievance. A copy of the subject of the grievance and the contract Articles allegedly violated. If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented response to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented given to the grievant and his/her representative. c. In the event that the grievance does not pertain to the immediate supervisor or department head, this step may be omitted at the level having authority to act as determined by discretion of the Employergrievant and the immediate supervisor or department head. The Employer aggrieved will respond forward a copy of the grievance to his/her immediate supervisor or department head in all situations. a. In the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file the complaint with the Director of Welfare within five (5) calendar working days of following the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved determination at Step One, . The employee may present his/her appeal in person or designate the grievance will be processed at Step Two by Union to present the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step Oneappeal, and the employee wishes to pursue Union representatives may participate without loss of pay throughout Step Two of the matter furthergrievance procedure. b. The Director of Welfare, said grievance or his designee, shall be put into writing on the agreed upon grievance form and referred render his decision to the department head or designee or to the next appropriate level of management and the Office of Labor Relations grievant within fifteen (15) calendar working days after the decision from receipt of the complaint. A copy of the response to the grievance will be given to the grievant and his/her representative. Step One3. Any unresolved grievance may be appealed to arbitration only by the Union. The date of alleged occurrence of Union must file the grievance shall be specified. The parties shall attempt to meet to resolve the grievance request for arbitration within fifteen (15) calendar working days following after the date receipt of written submittalthe decision of the Director or his designee. At The Board will not compensate Union witnesses, grievant, Union representatives, and/or officials for loss of time from work in attendance at arbitration hearings, New Jersey Department of Personnel hearings, or hearings before the Public Employment Relations Commission. a. Nothing in this step, Agreement shall be construed as compelling the Union agrees to cite all known sections submit a grievance to arbitration. The Union's decision to request the movement of a grievance prior to submission to arbitration shall be final as to the interests of the Agreement and/or written policy or practice allegedly violated grievant and to provide the Union. b. The parties shall select an arbitrator on a copy to case by case basis from the Human Resources Office and Office panel of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented arbitrators maintained by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. American Arbitration Association. c. The University will respond in writing within parties may meet at least ten (10) calendar daysworking days prior to the date of the arbitration hearing to frame the issues to be submitted to the arbitrator and to stipulate the facts of the matter in an effort to expedite the hearing. d. The arbitrator may prescribe an appropriate back pay remedy when he finds a violation of this Agreement, provided such remedy is permitted by law and is consistent with the terms of this Agreement, except that he may not make an award which exceeds the Board's authority. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this Agreement. The decision or award of the arbitrator will be final and binding on the Board, the Union, and employee or employees to the extent permitted by and in accordance with applicable law and this Agreement. e. The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement and shall confine his decision solely to the interpretation and application of this Agreement. He shall confine himself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him, nor shall he submit observations or declaration of opinions which are not essential in reaching the determination. f. The costs of the services of the arbitrator shall be borne equally by the Board and the Union. Any other expenses incurred in connection with the arbitration shall be paid by the party incurring the same. g. The arbitrator shall hold a hearing at a time and place convenient to the parties as expeditiously as possible after his selection and shall issue his decision within thirty (30) days after the close of the hearing. h. Grievance resolutions or decisions at Step One through Two shall not constitute a precedent in any arbitration or other proceeding unless a specific agreement to that effect is made by the authorized representatives of both parties. This is not to be construed as limiting the right of either party to introduce relevant evidence, including such grievance resolutions, as to the prior conduct of the other party. i. The decision of the arbitrator shall be final and binding on both parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All grievances The procedure set forth below shall be processed the sole and exclusive method for processing grievances and shall be as follows: Step 1 The grievance must be presented in accordance with writing to the following procedure. Grievances over final counseling or dismissal will begin at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty Public Works Manager within five (305) calendar working days from the occurrence date the employee knew or should have known of the situationcircumstances relating to the grievance. The written grievance shall set forth the details of the claimed breach, condition misinterpretation or action that caused misapplication of the grievant Agreement, as well as the Article and Section of the Agreement claimed to filehave been breached, misinterpreted or misapplied and the date of such alleged breach, misinterpretation or misapplication. Within thirty (30) calendar 10 days of receipt of the occurrence of a situation, condition, or action that caused the written grievance, the employee(s) affected and/or Public Works Manager must hold an informal meeting with the xxxxxxx or Union representative shall present concerning the grievance to the employee’s immediate supervisor for resolutiongrievance. The Human Resources Consultant may also attendgrievance must be answered, if desired by in writing, within ten (10) working days after the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violated. Step 1 meeting. Step 2 If the grievance is directed against not satisfactorily resolved by the Public Works Manager, the Shop Xxxxxxx may submit a written appeal to the Borough Administrator within five (5) working days of receipt of the Step 1 decision. The submission must include all documentation pertaining to the grievance introduced at Step 1. A meeting among the union business agent, the aggrieved employee, the shop xxxxxxx and the Borough Administrator (or his designee) will be held within ten (10) working days of the administrator’s immediate supervisorreceipt of the grievance. The written response shall be given to all parties within ten (10) working days of the meeting. Step 3 If the grievance is not satisfactorily resolved at Step 3, the grievance may be presented submitted to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined binding arbitration by the Employer. The Employer will respond within five (5) calendar days union on behalf of the meeting. In the event an aggrieved employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar daysworking days from the date of the Step 2 decision. Such filing shall be in writing and shall be submitted to the Public Employees Relations Commission (copy must be simultaneously provided to the Borough Administrator) where a selection of arbitrators shall be forwarded to both the union and the employer under their rules of assignment. The jurisdiction and authority of the arbitrator and the arbitrator’s opinion and award shall be confined exclusively to the interpretation and/or application of the express provisions of this agreement at issue between the Union and the Borough. No arbitrator shall have any authority or jurisdiction over any grievance that was not initially timely filed at Step 1, or a grievance that was not timely appealed to Step 2 or Step 3 by the union. Rather, if an appeal of the Step 1 or Step 2 decision is not timely filed in accordance with the time limits set forth herein, the decision of the Borough at the prior step shall be deemed final and binding and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement. The arbitrator shall be restricted to the application of the facts presented and shall have no authority to add to, detract from, alter, amend or modify any provision of this agreement to impose on either party a limitation or obligation not explicitly provided for in this agreement, or to establish or alter wage rate or wage structure. The arbitrator’s award shall be final and binding on all parties involved. The expense of the arbitrator assigned shall be borne equally by both the union and the borough.

Appears in 1 contract

Samples: Labor Agreement

Steps of the Grievance Procedure. All The following constitutes the method for resolving grievances between the parties covered by this Agreement and shall be processed followed in accordance with its entirety unless any step is waived by mutual written consent. Time extensions may be mutually agreed upon by the following procedureBoard and the Association. Grievances over final counseling or dismissal will begin at Step Two. For all other grievancesIf such time extensions are not requested, the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty (30) calendar days from the occurrence of the situation, condition or action that caused the grievant to file. Within thirty (30) calendar days of the occurrence of a situation, condition, or action that caused the grievance, the employee(s) affected and/or the xxxxxxx or Union representative time limits expressed herein shall present the grievance to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violatedbe strictly followed. If any grievance has not been initiated within the grievance is directed against the employee’s immediate supervisortime limits specified, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specifieddeemed to have been waived. The parties shall attempt If any grievance is not processed to meet to resolve the next succeeding step in the grievance procedure within fifteen (15) calendar days following the date of written submittal. At this steptime limits prescribed, then the Union agrees to cite all known sections disposition of the Agreement and/or written policy or practice allegedly violated and grievance at the last preceding step shall be deemed to provide a copy to be conclusive. through the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s)Board Secretary, a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar daysbusiness days of the receipt of the decision in Step Two. The grievance shall include a copy of the grievance at Step Two and the Chief School Administrator's response, together with a statement explaining why the Chief School Administrator's response is unsatisfactory. A grievance meeting shall be held with the Board, Chief School Administrator, grievant, and Association representative within forty (40) business days of the receipt of the written request. Either party may have witnesses and/or counsel present so long as written notice to that effect is provided to the opposite party at least five (5) business days in advance of the meeting. The Board shall render a written decision to the aggrieved employee. The Board's written decision shall be issued within sixty (60) days of receipt of the grievance by the Board Secretary. The decision handed down by the Chief School Administrator will be in force until the Board has passed upon the grievance. be without power or authority to make any decision which requires the commission of an act prohibited by the law or which is violative of the terms of this Agreement. The arbitrator shall be limited to the issues submitted and shall not consider anything else. The Arbitrator may not add to, subtract from or otherwise modify the Agreement between the parties. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding upon the parties. The costs of the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses shall be paid by the party incurring same.

Appears in 1 contract

Samples: Support Staff Contract

Steps of the Grievance Procedure. All grievances The procedure set forth below shall be processed the sole and exclusive method for processing grievances and shall be as follows: Step 1 The grievance must be presented in accordance with writing to the following procedure. Grievances over final counseling or dismissal will begin at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty Public Works Manager within five (305) calendar working days from the occurrence date the employee knew or should have known of the situationcircumstances relating to the grievance. The written grievance shall set forth the details of the claimed breach, condition misinterpretation or action that caused misapplication of the grievant Agreement, as well as the Article and Section of the Agreement claimed to filehave been breached, misinterpreted or misapplied and the date of such alleged breach, misinterpretation or misapplication. Within thirty (30) calendar 10 days of receipt of the occurrence of a situation, condition, or action that caused the written grievance, the employee(s) affected and/or Public Works Manager must hold an informal meeting with the xxxxxxx or Union representative shall present concerning the grievance to the employee’s immediate supervisor for resolutiongrievance. The Human Resources Consultant may also attendgrievance must be answered, if desired by the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violated. in writing, within ten Step 2 If the grievance is directed against not satisfactorily resolved by the Public Works Manager, the Shop Xxxxxxx may submit a written appeal to the Borough Administrator within five (5) working days of receipt of the Step 1 decision. The submission must include all documentation pertaining to the grievance introduced at Step 1. A meeting among the union business agent, the aggrieved employee, the shop xxxxxxx and the Borough Administrator (or his designee) will be held within ten (10) working days of the administrator’s immediate supervisorreceipt of the grievance. The written response shall be given to all parties within ten (10) working days of the meeting. Step 3 If the grievance is not satisfactorily resolved at Step 3, the grievance may be presented submitted to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined binding arbitration by the Employer. The Employer will respond within five (5) calendar days union on behalf of the meeting. In the event an aggrieved employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar daysworking days from the date of the Step 2 decision. Such filing shall be in writing and shall be submitted to the Public Employees Relations Commission (copy must be simultaneously provided to the Borough Administrator) where a selection of arbitrators shall be forwarded to both the union and the employer under their rules of assignment. The jurisdiction and authority of the arbitrator and the arbitrator’s opinion and award shall be confined exclusively to the interpretation and/or application of the express provisions of this agreement at issue between the Union and the Borough. No arbitrator shall have any authority or jurisdiction over any grievance that was not initially timely filed at Step 1, or a grievance that was not timely appealed to Step 2 or Step 3 by the union. Rather, if an appeal of the Step 1 or Step 2 decision is not timely filed in accordance with the time limits set forth herein, the decision of the Borough at the prior step shall be deemed final and binding and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement. The arbitrator shall be restricted to the application of the facts presented and shall have no authority to add to, detract from, alter, amend or modify any provision of this agreement to impose on either party a limitation or obligation not explicitly provided for in this agreement, or to establish or alter wage rate or wage structure. The arbitrator’s award shall be final and binding on all parties involved.

Appears in 1 contract

Samples: Labor Agreement

Steps of the Grievance Procedure. All grievances The Steps of the Grievance Procedure shall be processed in accordance as follows: STEP 1 The employee shall take up his grievance with his immediate supervisor. The employee shall have the right to be accompanied by his Shop Xxxxxxx. The Employer shall take up his grievance with the following procedureemployee involved who shall have the right to be accompanied by his Shop Xxxxxxx. Grievances over final counseling Any grievance processed by the Union or dismissal will begin the Employer beyond Step 1 of the Grievance shall be outlined to the other party prior to the meeting to take place under Step II. STEP 2 Should a solution not be reached in Step 1, then a Representative of the Union, accompanied by the employee and the Shop Xxxxxxx, if the Union wishes, shall discuss the matter with the Manager or his designate. Notwithstanding the above, if an authorized agent of the Union claims a violation of this Agreement, he may invoke the Grievance procedure at Step Two. For all other grievances, II as the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty (30) calendar days from the occurrence of the situation, condition or action that caused the grievant to file. Within thirty (30) calendar days of the occurrence of a situation, condition, or action that caused the grievance, the employee(s) affected and/or the xxxxxxx or Union representative shall present the grievance grieving party on behalf to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by the University. Presentation Union or on behalf of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violatedany employee or employees concerned. If the grievance is directed against Employer claims a violation of this Agreement, an authorized Agent of the employee’s immediate supervisorEmployer may also invoke the Grievance procedure at Step II. Failing settlement of the dispute at the stage where the Union Representative and the Manager meet, as set out above, the grievance matter shall be taken to Arbitration as set out herein. If both parties agree by mutual consent they may go to cause 12.03. It is understood an authorized Agent of the Union is the Business Agent concerned, or another Business Agent of the Local Union or their Supervisors, and an authorized Agent of the Employer is the Branch Manager or his/her Superiors. STEP 3 The party desiring arbitration shall notify the other part in writing of its intention to go to arbitration. A sole arbitrator shall be presented chosen to act in this capacity. Such sole arbitrator shall be chosen by mutual agreement between the parties. If the Arbitrator finds (or if at any earlier stage of the Grievance Procedure it is found) that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer without of pay and will all his rights, benefits and privileges which he would have enjoyed if the discharge or suspension had not taken place, provided that it is shown to the next higher level arbitrator that he employee has been in receipt of supervisionwages during the period between discharge or suspension and reinstatement or improper layoff the amount so received shall be deducted from wages payable by the Employer pursuant to this clause, and provided that the Arbitrator, if circumstances are established before it, which in the opinion of the Arbitrator, make it just and equitable to do so, shall have the right to order the employer to pay less than the full amount of wages lost or to pay not lost wages at all. In the event the employee’s immediate supervisor does The Arbitrator shall not have any jurisdiction or authority to resolve alter or change any of the grievanceprovisions of this Agreement, or to substitute any new provisions in this Agreement, or to give any decision inconsistent with the grievance terms of this Agreement. Each of the parties here to will equally bear the expenses of the Arbitrator appointed. The decision of the Arbitrator shall be presented at final and binding upon the level having authority parties. All disputes arising between the Employer and the Union shall be submitted to act as determined by this Grievance Procedure and there shall be no strike, work stoppage, or other interruption of the Employer. The Employer will respond within five (5) calendar days ’s business or no lockout during the term of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar daysAgreement.

Appears in 1 contract

Samples: Collective Agreement

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Steps of the Grievance Procedure. All grievances A grievance within the scope of this procedure as defined in Section 1 shall be processed handled as follows: Step 1 The aggrieved employee shall submit his written grievance to the Association grievance committee and a copy to the Chief. The committee shall determine whether the grievance is valid. The committee shall judge each grievance in accordance with the following procedurea fair and equitable manner and shall not discriminate against employees who are not Association members. Grievances over final counseling or dismissal will begin at Step Two. For all other grievancesIf, in its sole discretion, the parties may agree to waive Step One. For grievances filed directly at Step Twogrievance committee determines that the grievance is not valid, the grievant will committee shall give written notice of that determination to the aggrieved employee. Step 2 If the Association deems the grievance to be valid, the Association shall submit a written grievance to the Chief within twenty (20) working days following occurrence of the event or from the date the employee should reasonably have thirty known about the event, but no later than three (303) calendar days months from the occurrence of the situationevent, condition or action that caused giving rise to the grievant grievance. The Chief shall respond in writing to file. Within thirty this grievance within twenty (3020) calendar working days of the occurrence of a situation, condition, or action that caused the grievance, the employee(s) affected and/or the xxxxxxx or Union representative shall present the grievance to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violated. its receipt. Step 3 If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does has not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be been resolved at Step One2, the Association shall submit the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing City Manager within ten (10) calendar working days following the receipt of the Chief’s decision. The city manager shall respond in writing to this grievance within twenty (20) working days of its receipt. If the City Manager does not respond within twenty (20) working days, the grievance shall be deemed denied. The requirement in Steps 1 through 3 for written grievances and responses shall not preclude the aggrieved employee and the appropriate management representative from orally discussing and resolving the grievance. Step 4 If the grievance has not been resolved at Step 3, the Association may request that the grievance be submitted to mediation with the Federal Mediation and Conciliation Services (FMCS). The FMCS will be contacted within ten (10) working days of the request for such services. Step 5 If the grievance has not been resolved at Step 4, the Association may request that the grievance be submitted to mediation. The Association shall make a written request for mediation within ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All grievances Grievances shall be processed in accordance with the following procedure. Grievances over final counseling or dismissal will begin presented at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty (30) calendar days from the occurrence 1 of the situation, condition or action that caused the grievant to file. Within thirty grievance procedure within twenty-five (3025) calendar regularly scheduled working days of the occurrence of a situation, conditionevent or occurrence, or action that caused the grievanceknowledge of such event or occurrence, the employee(s) affected and/or the xxxxxxx or Union representative shall present the grievance to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by the University. Presentation of otherwise the grievance shall include not be a short written description justifiable grievance. The Local President and Chief Xxxxxxx, as well as the College’s Vice Chancellor for Human Resources (or designee), shall be notified, in writing, of the subject of all grievance filings and settlements at any step. a. Employees who feel they have a grievance shall first discuss the grievance and with the contract Articles allegedly violated. work site xxxxxxx. b. The xxxxxxx will then discuss the grievance with the employee's immediate supervisor. c. If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented settled at the level having authority to act as determined by the Employer. The Employer will respond this step within five (5) calendar regularly scheduled working days and the settlement involves compensation, the Local President and College’s Vice Chancellor for Human Resources (or designee) will be notified, in writing, of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and proposed settlement. a. If the grievance canis not be resolved settled at Step One1, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. presented in writing on a standard form, signed by the employee, stating the facts and conditions on which it is based, the date of occurrence, article(s) and section(s) of the contract alleged to have been violated, to the immediate supervisor and to the College’s Vice Chancellor for Human Resources (or designee) within five (5) regularly scheduled working days after the discussion provided for in Step 1. b. The parties employee's immediate supervisor shall, within five (5) regularly scheduled working days after receipt of the grievance, answer the grievance in writing with copies to the employee, xxxxxxx, the President of the Local Union and the College’s Vice Chancellor for Human Resources (or designee). a. If the grievance is not settled at Step 2, it may be appealed to the appropriate member of the Executive Council within five (5) regularly scheduled working days after receipt of an answer provided for in Step 2(b). b. The appropriate member of the Executive Council shall, within five (5) regularly scheduled working days after receipt of the appealed grievance, answer the appealed grievance in writing with a copy to the employee, the xxxxxxx, the President of the Local Union and the College’s Vice Chancellor for Human Resources (or designee). a. If the grievance has not been settled in Step 3, and if it is to be appealed to the fourth step, a written notice of such appeal must be sent to the office of the College’s Vice Chancellor for Human Resources (or designee), within ten (10) regularly scheduled working days after receipt of the answer provided for in Step 3(b). b. The Local President and two other Union representatives, one of whom shall attempt to be from the Council, and the College’s Vice Chancellor for Human Resources (or designee), and other appropriate Employer's representatives shall meet to resolve consider the grievance within fifteen (15) calendar regularly scheduled working days following after the office of the College’s Vice Chancellor for Human Resources (or designee) receives notice of appeal to Step 4. However, the availability of the Council’s representative shall not unreasonably delay the time limits stated in this step. Either the Union or the College may call in all principal parties to the grievance and such other parties as either party may deem necessary. c. The College’s Vice Chancellor for Human Resources (or designee) shall give the Local President a written answer to the grievance within twenty (20) regularly scheduled working days after the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar dayssuch meeting.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement and shall be processed followed in accordance with its entirety unless any step waived by mutual written consent. Time extensions may be mutually agreed to by the following procedureBorough and the Union, but such time extension shall be in writing. Grievances over final counseling or dismissal will begin at Step Two. For all other grievancesIn the absence of a written time extension as foresaid, the parties may agree to waive Step Onetime limits express herein shall be strictly adhered to. For grievances filed directly at Step TwoIf any grievance has not been initiated within the time limits specified, the grievant will grievance shall be deemed to have thirty (30) calendar days from been waived. If any grievance is not processed to the occurrence next succeeding step in the grievance procedure within the time limits prescribed, then the disposition of the situation, condition or action grievance at the last preceding step shall be deemed to be conclusive. A failure to respond at any level within the time limit provided shall be deemed a denial of the grievance at that caused the grievant to filestep. Within thirty three (303) calendar working days of after the occurrence of a situation, condition, or action that caused event giving rise to the grievance, the employee(s) affected and/or aggrieved employee shall institute action under the xxxxxxx or Union representative shall present provisions herein by meeting with his/her immediate supervisor and discussing the grievance orally. If the aggrieved employee so requests, he/she shall be permitted to have the Union xxxxxxx present at the meeting. Any such meeting shall not be scheduled at a time that interferes with governmental efficiency, as the latter is reasonably determined by management. The supervisor shall attempt to adjust the Inatter and shall respond orally to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by grievance within three (3) working days after the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violatedmeeting. If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be satisfactorily resolved at Step One, the aggrieved employee or a Union representative shall reduce the grievance will to writing, sign the grievance, and file the grievance with the aggrieved employee's department head within five (5) working days after the receipt (or after the due date) of the Step One response. To be processed at Step Two by timely and effective, the level of management as designated by the University written grievance must set forth in the department which has been named in reasonable detail: The specific action that precipitated the grievance. If a satisfactory settlement is not reached in Step One, and The specific clause of the employee wishes to pursue contract or other policy that was violated by the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step Oneaction. The date basis of alleged occurrence reasoning that the action is a violation of the grievance shall be specifiedcontract or policy. The parties specific remedy being sought, The Department Head shall attempt render a written response to meet to resolve the grievance within fifteen seven (157) calendar working days following from the date of written submittal. At this step, the Union agrees to cite all known sections receipt of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar daysgrievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All grievances shall be processed The parties agree that the purpose of this procedure is to obtain expeditious resolution, in accordance with good faith, of disputes between the following procedureparties. Grievances over final counseling or dismissal will begin at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty One - Within ten (3010) calendar days from after the occurrence of the situation, condition or action that caused the grievant event giving rise to file. Within thirty (30) calendar days of the occurrence of a situation, condition, or action that caused the grievance, the employee(s) affected and/or aggrieved employee and shop xxxxxxx shall institute action under the xxxxxxx or Union representative shall present provisions herein by meeting with his/her general supervisor and discussing the grievance orally. The general supervisor shall respond orally to the employee’s immediate supervisor for resolutiongrievance within three (3) working days after the meeting. The Human Resources Consultant may also attend, if desired by the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violated. Step Two - If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be satisfactorily resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance Union representative shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of reduce the grievance shall be specified. The parties shall attempt to meet to resolve writing and file the grievance within fifteen (15) calendar days following with the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing aggrieved employee's Department/Division Head within ten (10) calendar daysworking days after receipt (or after the due date) of the Step One response. The written grievance document shall contain sufficient detail and specificity as to enable the Department/Division Head to adequately understand the nature of the grievance and shall cite the specific provision of the Agreement being grieved. The written grievance document shall be signed by the aggrieved employee(s) or in the case of a class grievance, by the appropriate Union official. It is the intention of the parties that the Department/Division Head be supplied with sufficient information in order to respond to the allegations of the grievance. The Department/Division Head may request additional information from the Union and/or the aggrieved employee when deemed necessary; this authority shall not be exercised unreasonably or for purposes of delay. Within seven (7) working days after receipt of an adequately documented grievance, the Department/Division Head shall meet with the aggrieved employee and the shop xxxxxxx. Said meeting shall take place at a mutually agreeable meeting time such that Township operations and the provision of services to the public are not interrupted. The Department/Division Head shall render a written response based upon the written grievance document and the meeting with the employee and shop xxxxxxx within seven (7) working days of the meeting. Step -Three If the grievance is not satisfactorily resolved at Step Two, the Union representative shall submit the written grievance document together with the written decision of the Department/Division Head to the Business Administrator or his designee within ten (10) working days after receipt (or after the due date) of the Step Two response. The Business Administrator or his designee shall schedule a meeting to review the grievance and the Step Two determination. Each party may not have more than three (3) persons present at the meeting; for the Union, a representative of AFSCME Council 52 shall be included among the three (3) persons present. The Business Administrator or his designee shall render a written response within ten (10) working days of the meeting, unless the grievance is otherwise resolved. Step - Four If the grievance is not satisfactorily resolved at Step Three, AFSCME Council 52 may submit the grievance to arbitration within twelve (12) working days after receipt (or after the due date) of the Step Three response. If any grievance has not been initiated within the time specified, the grievance shall be deemed to have been waived. If any grievance is not processed to the next succeeding step in the Grievance Procedure within the time limits prescribed, then the disposition of the grievance at the last preceding step shall be deemed to be conclusive. In each step, to be timely and effective, the written grievance must set forth in reasonable detail the facts underlying the grievance, the specific contract provisions at issue, and the relief sought. Additionally, to be timely and effective, the writing filed in the previous steps of the grievance must contain all of the materials filed in the previous steps, together with a detailed statement of the reasons why the responses (if any) were claimed to be unsatisfactory.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All grievances shall be processed in accordance with the following procedure1. Grievances over final counseling or dismissal will begin at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty (30) calendar days from the occurrence of the situation, condition or action that caused the grievant to file. 1:Within thirty (30) 15 calendar days of the occurrence of a situation, condition, or action that caused giving rise to the grievance, the employee(s) affected and/or the xxxxxxx or Union representative shall must present the grievance to the employee’s immediate supervisor for resolutionPrincipal. The Human Resources Consultant Principal (or designee) shall answer the grievance in writing within 10 days, or if the Principal (or designee) meets with the Union to discuss the grievance, the answer shall be due 10 days after the date of the meeting. If such answer does not resolve the grievance, or the Principal (or designee) does not respond within the allotted time, the Union may also attendproceed to the next step. 2. Step 2:Within 10 days of the answer at Step 1,or within 10 days of the date the answer was due, if desired the Union may file the next step grievance with the Superintendent~Director or designee, who shall within 10 days, give an answer in writing. lfthe Superintendent-Director or designee meets with the Union to discuss the grievance the answer s4all be due 10 days after the date of the meeting. If such answer does not resolve the grievance, the Union may proceed to the next step. 3. Step 3: Within 10 days of the answer at Step 2, or within 10 days of the date the answer was due, the Union may file the next step grievance seeking School Committee review. The grievance shall be filed with the School Committee at the District's main office, to be reviewed by the UniversityCommittee at the next available meeting. Presentation The School Committee shall determine whether it will hear the grievance and if so, a hearing shall be held at which the Union shall present the grievance. Within 20 days of the hearing, the School Committee will respond to the grievance. If the School Committee chooses not to hear the grievance it shall notify the Union in writing, and that shall constitute the Step 3 response for the purpose of further appeals. 4. Failure of the Union at any step to timely appeal the denial of the grievance shall include constitute a short written description of the subject waiver of the grievance and the contract Articles allegedly violated. If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented right to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter proceed further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties may extend timelines to dates certain by mutual written agreement. When a deadline will fall on a weekend or legal holiday the deadline shall attempt be automatically extended to meet to resolve fall upon the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relationsnext business day. The grievant parties acknowledge that business may be represented by a xxxxxxx and a union staff representative. The University conducted over school breaks but reasonable extensions of timelines falling during such breaks will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar daysliberally granted.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All Step One: 1. An employee’s grievance or those grievances submitted by the Union shall be processed made in accordance with writing on the following procedure. Grievances over final counseling or dismissal will begin at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty (30) calendar days from the occurrence of the situation, condition or action that caused the grievant to file. Within thirty (30) calendar days of the occurrence of a situation, condition, or action that caused the grievance, the employee(s) affected and/or the xxxxxxx or Union representative shall present the grievance form prescribed in Appendix A to the employee’s immediate management supervisor for resolutionor designated representative with a copy submitted to the Labor Relations Manager. The Human Resources Consultant may also attend, if desired by the University. Presentation of the written grievance shall include a short written description set forth the nature of the subject of the grievance and the contract Articles allegedly violated. If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at fact(s) upon which it is based, the level having authority to act as determined by provision(s) of the EmployerAgreement allegedly violated and the relief requested. 2. The Employer will respond employee’s immediate management supervisor or designated representative shall submit a written reply giving the reason(s) for the determination to the employee(s) and/or Union authorized representative within five ten (510) calendar days after the receipt of the meetingwritten grievance. 1. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said The grievance shall be put into writing considered settled on the agreed upon grievance form and referred to basis of the department head or designee or to the next appropriate level of management and the Office of Labor Relations Employer’s answer at Step One unless within fifteen (15) calendar days after the decision from management supervisor’s written answer in Step One, the grievance is again reduced to writing on the prescribed form and submitted to the Library Director or designated representative with a copy submitted to the Labor Relations Manager. 2. The date of alleged occurrence of Library Director or designated representative shall give a written answer, giving the reasons for the determination to the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar daysdays of receipt of the written grievance. 1. Arbitration may be resorted to only when issues arise between the parties hereto with reference to interpretation, application or enforcement of the provisions of this Agreement. 2. It is contemplated by the provisions of this Agreement that any arbitration award shall be issued by the arbitrator at the earliest date after completion of the hearing. 3. No item or issue may be the subject of arbitration, unless such arbitration is formally requested within thirty (30) calendar days following the filing of a written response required by Step Two or the due date therefore. This provision is one of limitation, and no award of any arbitrator may be retroactive for a period greater than thirty (30) calendar days prior to the presentation of the grievance in Step One as herein provided. 4. It is intended that the parties shall meet to discuss the grievance prior to the grievance arbitration hearing. 5. Final and binding arbitration may be initiated by either party serving upon the other party a notice in writing of the intent to proceed to arbitration. Said notice shall identify the Agreement provision, the grievance or grievances and the employee(s) involved. Unless the parties can, within twenty (20) working days following the receipt of such written notice, agree upon the selection of an arbitrator, either party may in writing request the Wisconsin Employment Relations Commission to submit a list of five (5) arbitrators to both parties. 6. The parties shall within twenty (20) working days upon receipt of said list meet for the purpose of selecting the arbitrator by alternately striking names from said list until one name remains. Such person shall then become arbitrator. 7. Either party may within five (5) working days of receipt of said list, notify the other party and the Wisconsin Employment Relations Commission of their intent to reject the entire list submitted by the Wisconsin Employment Relations Commission. The Wisconsin Employment Relations Commission shall submit a new list which shall not duplicate the original list upon receipt of such notice. The option to reject the list may only be exercised by each party once per grievance. 8. Unless the parties select an arbitrator and schedule the arbitration hearing within six (6) months of the date the last panel was submitted to the parties by the Wisconsin Employment Relations Commission, the grievance shall be considered moot. This provision shall not be construed to mean that the arbitration hearing date must actually fall within said six (6) month period. If either party raises a question concerning substantive arbitrability, this provision shall remain inoperative until such time as the question of arbitrability is resolved. 9. The arbitrator shall neither add to nor detract from nor modify the language of this Agreement in arriving at a determination of any issue presented that is proper for arbitration within the limitations expressed herein. The arbitrator shall have no authority to change wage rates. 10. The arbitrator shall expressly confine himself/herself to the precise issues submitted for arbitration and shall have no authority to determine any other issue not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the determination. 11. The fees and expenses for the arbitrator’s services shall be borne equally by both parties. The grieving employee(s) and not more than one (1) Union representative may be present at the arbitration hearing without loss of regular wages if the hearing is scheduled during said employee’s regularly scheduled hours of work. Expenses relating to the obtaining of depositions and witnesses shall be borne by the party at whose request such depositions or witnesses are required. 12. The arbitrator so selected shall hold a hearing at Madison, Wisconsin, at a time and place convenient to the parties at the earliest possible date following the notification of a selection. The arbitrator shall take such evidence as in his/her judgment is appropriate for the disposition of the dispute. Statements of position may be made by the parties, and witnesses may be called. The arbitrator shall have initial authority to determine whether or not the dispute is procedurally arbitrable under the express terms of this Agreement. Once it is determined that the dispute is procedurally arbitrable, the arbitrator shall proceed in accordance with this article to determine the merits of the dispute submitted to arbitration in accordance with the applicable sections of Ch. 788, Wis. Stats., where not in conflict with the Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All grievances A. Step One (First Step) Immediate Supervisor - The party(ies) filing the grievance shall be processed in accordance with the following procedure. Grievances over final counseling or dismissal will begin at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty ten (3010) calendar working days from the occurrence of the situation, condition event or action that caused when the grievant to file. Within thirty (30party(ies) calendar days knew or reasonably should have known of the occurrence of a situationthe event that gave rise to the grievance (but in no case longer than twenty (20) working days), condition, or action that caused to file the grievance. Within five (5) working days after receipt of the grievance, a meeting shall be held between the employee(sgrievant and the supervisor with the Union xxxxxxx present, if requested by xxxxxxxx. The supervisor shall provide a written response to the grievant and the Union xxxxxxx within five (5) affected and/or working days of the conclusion of the meeting. If no person is serving as the immediate supervisor, said grievance shall be made directly to the Auditors. B. Step Two (Second Step) Auditor - If the grievance is not resolved in Step One, the Employer's representative, the Union business agent, the xxxxxxx or Union representative shall present the grievance to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violatedgrievant shall meet within ten (10) working days and attempt a resolution. If the grievance is directed against the employee’s immediate supervisornot resolved, the grievance may be presented Employer will provide a written answer to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond Union within five (5) calendar working days of after the meeting. C. Step Three (Arbitration) 1. In the event an employee files a If grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this stepTwo, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s)may, a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar daysworking days after receipt of the answer, submit the grievance to arbitration. Upon notification to the Auditor of its intent to arbitrate the grievance, the Union and Employer shall submit a joint request to the American Arbitration Association for a list of seven (7) arbitrators to be sent to both the Union and the Employer. Any cost for the list shall be split equally between the parties. The parties shall meet within five (5) working days of receipt of the list to select an arbitrator. The parties shall use the alternate strike method of selection, with the first strike being made by the Union as the party who requested Arbitration. The parties shall have the right to reject up to two (2) lists (one each) of arbitrators before selecting an arbitrator, if this rejection of the AAA list is made prior to the meeting to strike names. Any rejection of a list must be accompanied by a request for a new list. The party canceling the arbitration shall be responsible for any and all fees due the arbitrator. Lawrence County Auditor & Teamsters Local 92, 2022-2024 Agreement (Final 12-22-21) 2. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as to the interpretation and/or application of the provisions of this Agreement (including disciplinary action to the extent permitted herein). The Arbitrator shall have no power or authority to make any decision: a. Adding to, subtracting from, modifying, changing or amending in any way the terms and provisions of this Agreement, or any written agreements between the parties; b. Concerning the establishment of wage rates not negotiated as part of this Agreement; c. Changing or setting new standards of performance or the standard for licenses or certificates; 3. The costs of the Arbitrator, including the travel expenses, hearing room, and any associated expenses shall be paid in equal shares. a. Each party shall be responsible for the costs incurred by it in preparing and presenting its case to the Arbitrator, including but not limited to the compensation and expenses of its representatives and the fees and other expenses of its witnesses. b. Either party may have a transcribed record made of the arbitration hearing at its own expense provided it makes a copy available without charge to the Arbitrator and a copy to the other party at a cost of 1/3 of the expense incurred for making the transcribed record. If both parties desire a recording and/or transcript, then they shall equally pay the cost of such recording or transcript. 4. Bargaining unit members involved in the arbitration procedure shall be released from their duties, with pay, for a reasonable amount of time when attending the arbitration hearing when they are appearing as witnesses or grievant. 5. The Arbitrator s ha l l make his/her decision in conformity with this Agreement and shall not modify or change this Agreement and shall render a decision in writing within thirty (30) working days from the close of the hearing. The decision shall be final and binding on the Union and its members and the Employer and its Bargaining Unit members to the extent allowed by statute. 6. If the Arbitrator's decision awards the payment of back wages covering the period of the Bargaining Unit member's separation from the Employer's payroll, the amount so awarded shall be less any unemployment compensation and shall not include the assumption the Bargaining Unit member would have worked unscheduled overtime during the period of separation from the Employer's payroll. 7. The question of arbitrability of the grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non-arbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement and shall be processed followed in accordance with its entirety unless any step is waived by mutual consent: The grievant shall institute action under the following procedure. Grievances over final counseling or dismissal will begin at Step Two. For all other grievancesprovisions hereof in writing, signed and delivered to the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty (30) calendar days from the occurrence Director of the situation, condition or action that caused the grievant to file. Within Division of Personal Health Services within thirty (30) calendar days of the occurrence of a situation, condition, or action that caused being grieved. The grievant may be represented by an employee who is the grievance, the employee(s) affected and/or the Shop xxxxxxx or Local Union representative Officer. For a written grievance to be timely in effect and effective it shall present state clearly what the grievance to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attendis, if desired by the University. Presentation of the grievance shall include a short written description of the subject of the grievance and identify the contract Articles allegedly violated. If the grievance violation and state what settlement is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority requested to resolve the grievance. The Director or his designee shall render his decision in writing to the grievant within fifteen (15 days after receipt of the grievance with a copy to the Shop Xxxxxxx. Should the grievant disagree with the decision of the Director, or his designee, the grievance will be presented at aggrieved may, within ten (10) calendar days, submit to the level having authority County Administrator (hereinafter referred to act as determined the Administrator) or his designee a statement in writing and signed as to the issues in dispute. The Administrator or his designee shall review the decision of the Director together with the disputed areas submitted by the Employergrievant. The Employer grievant and/or the Union representative may request a meeting with the Administrator or his designee. The Administrator or his designee will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations render his decision within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of meeting at which the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relationsmatter has been reviewed. The grievant may be represented by a xxxxxxx and a union staff representativethe Local Union Officer or the International Union Representative, or both. A minority organization shall not present or process grievances. 1. Any unresolved grievance (as defined in Section B) except matters involving appointment, promotion or assignment, or matters within the exclusive province of the N.J.D.O.P. , or matters governed predominantly by Federal or State statute or regulation, may be appealed to arbitration only by the Union. The University will Union must file the request for arbitration within twenty (20) calendar days after the receipt of the Administrator’s decision. 2. Nothing in this Agreement shall be represented construed as compelling the Union to submit a grievance to arbitration or to represent an employee before the N.J.D.O.P.. The Union’s decision to request the movement of a grievance to arbitration or to terminate the grievance prior to submission to arbitration shall be final as to the interests of the grievant and the Union. 3. Arbitration shall not be permitted for those matters for which an employee has the right of appeal through a statutory appeal mechanism (e.g. Civil Service major discipline, civil rights complaints, etc.). 4. If the grievance is not settled through steps 1 or 2, either party shall have the right to submit the dispute to arbitration within twenty (20) calendar days pursuant to the rules and regulations of the Public Employment Relations Commission. The cost for the services of the arbitrator shall be borne equally by the appropriate management official(s) or designee(s)County and the Union. Any other expenses, a representative from including but not limited to the Office presentation of Labor Relationswitnesses, and a Human Resources Consultant, if desired shall be paid by the University. The University will respond in writing within ten (10) calendar daysparties incurring same.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement and shall be processed followed in accordance with its entirety unless any Step is waived by mutual written consent. Time extensions may be mutually agreed to by the following procedureTownship and the Union. Grievances over final counseling or dismissal will begin at Step Two. For all other grievancesIn the absence of an extension as aforesaid, the parties may agree to waive Step Onetime limits expressed herein shall be strictly adhered to. For grievances filed directly at Step TwoIf any grievance has not been initiated within the time limits specified, the grievant will grievance shall be deemed to have thirty (30) calendar days from been waived. If any grievance is not processed to the occurrence next succeeding step in the grievance procedure within the time limits prescribed, then the disposition of the situation, condition or action grievance at the last preceding step shall be deemed to be conclusive. A failure to respond at any level within the time limits provided shall be deemed a denial of the grievance at that caused the grievant to fileStep. Within thirty five (305) calendar working days of after the occurrence of a situation, condition, or action that caused event giving rise to the grievance, or within five (5) working days after the employee(s) affected and/or employee reasonably should have become aware of the xxxxxxx grieved event, whichever first occurs, the aggrieved employee or the Union representative shall present institute action under the provisions herein by meeting with his supervisor and discussing the grievance orally. The supervisor shall respond orally to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by grievance within five (5) working days after the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violatedmeeting. If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be satisfactorily resolved at Step One, the aggrieved employee or the Union Shop Xxxxxxx shall reduce the grievance will be processed at Step Two to writing, signed by the level aggrieved employee or the Union Representative, and file the grievance with the Director of management as designated by Public Works or his designee within five (5) working days after receipt or after the University due date of the Step One response. To be timely and effective, the written grievance must set forth in reasonable detail the department facts underlying the grievance, the specific contract provisions at issue, and the relief sought. The Director of Public Works or his designee shall render a written response to the grievance within five (5) working days from the receipt of the written grievance. In the event the Director of Public Works initiates the action, which has been named results in the grievance. , the Administrator shall serve in the place of the Director of Public Works. a. If a satisfactory settlement the grievance is not reached in satisfactorily resolved at Step OneTwo, and the employee wishes to pursue Union Business Representatives shall then take the matter further, said grievance up in a meeting with the Township Administrator or his designee within five (5) working days after receipt (or after date) of the Step Two response. The Township Administrator or his designee shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations render a written decision within fifteen (15) calendar working days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this stepsaid meeting. b. In the event such meeting is scheduled during employee’s regular working hours, the Union agrees to cite all known sections of aggrieved employee, the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a participating employee representative from the Office of Labor RelationsUnion, and a Human Resources Consultantany necessary employee witnesses shall be released from work without loss of regular straight time pay. Requests for employee representative(s) and witnesses shall be made to the Township representative(s) by no later than three (3) working days prior to the date of any meeting and meeting dates shall be scheduled considering the availability of all parties and witnesses and the needs of the Township. In the event the grievance is not resolved at Step Three, if desired the Township or the Union may file for arbitration in accordance with the rules and regulations of the New Jersey State Board of Mediation. a. The arbitrator shall be bound by the Universityprovisions of this Agreement and is restricted to the application of the facts presented to him and is limited to the interpretation of the Agreement. The University will respond in writing within ten (10) calendar daysarbitrator shall have no authority to add to, alter, amend or modify any provision of the Agreement. Furthermore, the arbitrator shall be bound by the laws of New Jersey and shall be without power to advise or direct the completion of any illegal act or acts beyond the legal authority of the parties. b. The decision of the arbitrator shall be final and binding on both parties. c. The arbitrator's fees and expenses shall be borne jointly by the parties to the Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All Step One: An employee's grievance or those grievances submitted by the Association shall be processed made in accordance writing to the employee's immediate management supervisor with a copy submitted to the following procedureLabor Relations Manager. Grievances over final counseling or dismissal will begin at Step Two. For all other grievances, The written grievance shall set forth the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty (30) calendar days from the occurrence nature of the situation, condition or action that caused the grievant to file. Within thirty (30) calendar days of the occurrence of a situation, condition, or action that caused the grievance, the fact(s) upon which it is based, the provision(s) of the Agreement allegedly violated and the relief requested. The employee's immediate management supervisor or his/her designated representative shall submit a written reply giving the reason(s) for his/her determination to the employee(s) affected and/or grievance representative within ten (10) calendar days after the xxxxxxx or Union representative shall present the grievance to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by the University. Presentation receipt of the written grievance. Step Two: The grievance shall include a short written description be considered settled on the basis of the subject of Employer's answer at Step One unless within ten (10) calendar days after the grievance and the contract Articles allegedly violated. If management supervisor's written answer in Step One, the grievance is directed against the employee’s immediate supervisor, the grievance may be presented again reduced to writing and submitted to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employermanagement supervisor. The Employer will respond within five (5) calendar days of management supervisor or his/her designated representative shall submit a written reply giving the meeting. In the event an employee files a grievance outside the department in which reason for his/her determination to the employee is employed and the and/or grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing representatives within ten (10) calendar days.days after receipt of the written grievance. Step Three: The grievance shall be considered settled on the basis of the Employer’s answer at Step Two unless within ten (10) calendar days after the management supervisor’s written answer on Step Two, the grievance is again reduced to writing and presented to the Chief of Police. The Chief of Police or his/her designated representative shall give a written answer, giving the reasons for his/her determination to the grievance within ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All grievances shall be processed in accordance with the following procedure. Upon mutual agreement, Step One, Two or Three may be skipped. Grievances over final counseling or dismissal will begin at Step Two. For all other grievancesIf the issue is not resolved informally, the parties Union may agree file a written grievance to waive Step Onethe supervisor or designee, and the Labor Relations office (xxxxxxxx@xx.xxx). For grievances filed directly at Step TwoThe Employer will designate a supervisor, manager or designee who will meet in person or confer by telephone with a union xxxxxxx and/or staff representative and the grievant will have thirty (30) calendar days from the occurrence grievant. The date of the situation, condition or action that caused the grievant to file. Within thirty meeting will be mutually agreed upon within fifteen (3015) calendar days of the occurrence receipt of a situation, condition, or action that caused the grievance, the employee(s) affected and/or the xxxxxxx or Union representative shall present the grievance and when possible the meeting will take place within the aforementioned fifteen (15) calendar days. The format (face to face or by telephone) for the meeting will be by mutual agreement. The employer will respond in writing to the employee’s immediate supervisor for resolutionUnion within fifteen (15) calendar days after the meeting. The Human Resources Consultant may also attend, if desired by the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violated. If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall may be put into writing on the agreed upon grievance form and referred moved to the Step Two by filing the written grievance, including a copy of the Step One decision to department head or designee head, designee, or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall meeting will be specified. The parties shall attempt to meet to resolve the grievance mutually agreed upon within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections after notice of the Agreement and/or written policy or practice allegedly violated filing at Step Two and to provide a copy to when possible the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University meeting will be represented by take place within the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar days.aforementioned fifteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All grievances shall 1. STEP ONE - A grievance, to be processed in accordance with the following considered under this procedure. Grievances over final counseling or dismissal will begin at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, must be initiated by the grievant will have thirty within fifteen (3015) calendar work days from the occurrence time of the situation, condition or action that caused the grievant to fileits occurrence. Within thirty (30) calendar days of the occurrence of Any employee covered by this Agreement who has a situation, condition, or action that caused the grievance, the employee(s) affected and/or the xxxxxxx or Union representative grievance shall present the grievance to the employee’s discuss it first with his/her immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired by the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violated. If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority in an attempt to resolve the grievancematter informally at that level. 2. STEP TWO - If, as a result of the above discussion, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond matter is not resolved satisfactorily within five (5) calendar days work days, the grievant shall set forth his/her grievance in writing to the immediate supervisor. Any grievance not submitted on the form provided will be considered void and not eligible for resubmission, except it may be resubmitted if the original time limit for submission of the meeting. In the event an employee files a grievance outside the department in which the employee is employed grievances has not expired and the grievance cannot be resolved at Step One, is resubmitted within the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing original time limit on the agreed upon grievance form and referred proper form. The appropriate supervisor shall communicate his/her decision to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar daysworkdays after receipt of the written grievance. 3. STEP THREE - The grievant, no later than five (5) work days after receipt of the decision in the foregoing step, may appeal the decision to the Superintendent. The appeal to the Superintendent must be made on the form provided, reciting the matter as specified above and his/her dissatisfaction with decisions previously rendered. The Superintendent shall attempt to resolve the matter as promptly as possible, but within a period not to exceed fifteen (15) workdays. The Superintendent shall communicate his/her decision in writing to the grievant and all related papers and evidence shall be attached. 4. STEP FOUR - If the grievance is not resolved to the grievant’s satisfaction, he/she may request, not later than five (5) work days after receipt of the Superintendent’s decision, a review by the Board. The request shall be submitted in writing to the Superintendent. All related papers and evidence shall be attached. The Board, or a committee thereof, shall review the grievance and shall, at the option of the Board, hold a hearing with the grievant within fifteen (15) working days and, render a decision in writing within fifteen (15) days of receipt of the grievance by the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. All The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement and shall be processed followed in accordance its entirety unless any step is waived by mutual consent: (a) An aggrieved employee shall institute action under the provisions hereof by submitting his/her grievance in writing within seven (7) working days after its occurrence to the P.E.O. representatives and with one (1) copy delivered to the Prosecutor, one (1) copy delivered to the County's Personnel Officer and one (1) copy to the immediate supervisor of the aggrieved employee. Having completed this, an xxxxxxx effort should be made to settle the differences between the aggrieved employee and his immediate supervisor for the purpose of resolving the matter informally. Failure to file her grievance in writing as aforesaid shall be deemed to constitute an abandonment of the grievance and shall bar the employee from any right to proceed further with the following proceduregrievance. (b) The immediate supervisor shall render a written decision within five (5) working days after receipt of the grievance. Grievances over final counseling Failure to render such written decision within the time provided shall be deemed a denial of the grievance. (c) Where the employee has no immediate supervisor, he or dismissal will begin at she may proceed directly to Step Two. For all other grievancesTwo hereof, subject to the time limitations provided for filing a grievance as provided under Step One. (a) In the event a satisfactory settlement has not been reached with the immediate supervisor, the parties employee may agree appeal his/her grievance to waive Step Onethe Prosecutor within seven (7) working days following receipt by the employee of the written determination of the immediate supervisor. For Such appeal shall be in writing signed by the aggrieved employee and delivered to the Prosecutor. (b) The Prosecutor, or his designee, shall render a written decision within ten (10) working days from his receipt of the grievance. Failure to render such written decision within the time provided shall be deemed a denial of the grievance. The Prosecutor's decision shall conclude the grievance procedure, except for grievances filed directly at Step Twoinvolving interpretation and application of the provisions of this contract. (c) Grievances affecting the interpretation and application of the provisions of this contract not settled through Steps 1 and 2 may be referred to the Public Employment Relations Commission within seven (7) days after the determination of the Prosecutor. An arbitrator shall be selected pursuant to the rules of P.E.R.C.; however, the grievant will have no arbitration hearing shall be scheduled sooner than thirty (30) calendar days from after the occurrence of the situation, condition or action that caused the grievant to file. Within thirty (30) calendar days of the occurrence of a situation, condition, or action that caused the grievance, the employee(s) affected and/or the xxxxxxx or Union representative shall present the grievance to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if desired final decision by the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violated. If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervisionProsecutor. In the event the employee’s immediate supervisor does aggrieved employee elects to pursue Civil Service Procedures, the arbitration hearing shall be cancelled and the matter withdrawn from arbitration. The Organization shall pay whatever costs may have been incurred in the processing of the case to arbitration. The decision of the arbitrator shall be final and binding upon both parties, however, the arbitrator shall not have the authority to resolve add to, modify, detract from, or alter in any way the provisions of this Agreement or any amendment or supplement thereto. The costs for the services of the arbitrator shall be borne equally by the County and the Organization. Any additional costs shall be paid by the party incurring same. (d) Nothing herein shall prevent any employee from processing his own grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days provided representatives of the meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing on the agreed upon grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant P.E.O. may be represented by a xxxxxxx present at such hearings and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within ten (10) calendar daysprovided further that no settlement with any such employee shall violate this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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