Common use of Steps of the Grievance Procedure Clause in Contracts

Steps of the Grievance Procedure. The following constitutes the sole and exclusive method of solving grievances between the parties covered by this Agreement and shall be followed in its entirety unless any step is waived by mutual consent: a. An aggrieved employee: The P.B.A., on behalf of an aggrieved employee or employees, or the Township, shall institute action under the provisions hereof within thirty (30) calendar days of the occurrence of the grievance, and an xxxxxxx effort shall be made to settle the differences between the aggrieved employee and the Chief of Police, for the purpose of resolving the matter informally. Failure to act within said thirty (30) calendar days shall be deemed to constitute an abandonment of the grievance. b. The Chief of Police, or his/her designee, shall render a written decision within fifteen (15) calendar days after the receipt of the grievance. a. In the event the grievance has not been resolved in or at Step 1, the employee or the P.B.A. shall, in writing and signed, file the grievance with the Township Committee within five (5) calendar days following the determination at Step 1. b. The Township committee shall render a written decision within fifteen (15) calendar days from receipt of the grievance. a. In the event the grievance has not been resolved in or at Step 2, the matter may be referred to arbitration as hereinafter provided. b. In the event that the Township or the P.B.A. desires to submit a grievance to arbitration, the following procedure shall be followed: 1. The party demanding arbitration shall serve written notice of its intention to arbitrate on the party(ies) within fifteen (15) calendar days following receipt of the Township Committee’s determination. 2. The party demanding arbitration shall request the Public Employment Relations Commission (PERC) to appoint an arbitrator. The selection of the arbitrator shall be conducted in accordance with the rules and regulations of the Public Employment Relations Commission. 3. The costs of the services of the arbitrator shall be borne by the Township and the P.B.A. 4. The arbitrator shall be bound by the provisions of this Agreement and by applicable laws of the State of New Jersey and of the United States, and decisions of the Courts of the State of New Jersey and the United States. Unless the parties agree otherwise, no more than one (1) issue shall be presented to an arbitrator in any single case. 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. In rendering his/her written decision, the arbitrator shall indicate his/her findings of fact and reasons for making the award. The decision of the arbitrator shall be final and binding upon the parties subject to applicable judicial or administrative proceedings. 5. Any expenses other than the cost for the services of the arbitrator, including but not limited to presentation of witnesses, shall be borne by the party incurring the same.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Steps of the Grievance Procedure. The following constitutes the sole and exclusive method of solving grievances between the parties covered by this Agreement and shall be followed in its entirety unless any step is waived by mutual consent: a. (a) An aggrieved employee: The P.B.A., the P.B.A. on behalf of an aggrieved employee or employees, or the Township, Township shall institute action under the provisions hereof within thirty (30) calendar days of the occurrence of the grievance, and an xxxxxxx effort shall be made to settle the differences between the aggrieved employee and the Chief of Police, for the purpose of resolving the matter informally. Failure to act within said thirty (30) calendar days shall be deemed to constitute an abandonment of the grievance. b. (b) The Chief of Police, Police or his/her designee, his designee shall render a written decision within fifteen (15) calendar days after the receipt of the grievance. a. (a) In the event the grievance has not been resolved in or at Step 1, the employee or the P.B.A. shall, in writing and signed, file the grievance with the Township Committee within five (5) calendar days following the determination at Step 1. b. (b) The Township committee Committee shall render a written decision within fifteen (15) calendar days from receipt of the grievance. a. (a) In the event the grievance has not been resolved in or at Step 2, the matter may be referred to arbitration as hereinafter provided. b. (b) In the event that the Township or the P.B.A. desires to submit a grievance to arbitration, the following procedure shall be followed: 1. The party demanding arbitration shall serve written notice of its intention to arbitrate on the other party(ies) within fifteen (15) calendar days following receipt of the Township Committee’s 's determination. 2. The party demanding arbitration shall request the Public Employment Relations Commission (PERC) to appoint an arbitrator. The selection of the arbitrator shall be conducted in accordance with the rules and regulations of the Public Employment Relations Commission. 3. The costs of the services of the arbitrator shall be borne by the Township and the P.B.A. 4. The arbitrator shall be bound by the provisions of this Agreement and by applicable laws of the State of New Jersey and of the United States, and decisions of the Courts of the State of New Jersey and the United States. Unless the parties agree otherwise, no more than one (1) issue shall be presented to an arbitrator in any single case. 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. In rendering his/her his written decision, the arbitrator shall indicate his/her his findings of fact and reasons for making the award. The decision of the arbitrator shall be final and binding upon the parties subject to applicable judicial or administrative proceedings. 5. Any expenses other than the cost for the services of the arbitrator, including but not limited to presentation of witnesses, shall be borne by the party incurring the same.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Steps of the Grievance Procedure. The following constitutes the sole and exclusive method of solving grievances between the parties covered by this Agreement and Step 1. A grievance shall be followed presented in its entirety unless any step is waived by mutual consent: a. An aggrieved employee: writing to the Chief of Police. The P.B.A., on behalf of an aggrieved employee or employees, Chief or the TownshipChief’s designated representative may arrange to meet with the grievant for Step 2. If the grievance is not resolved to the satisfaction of the Association by the Chief or the Chief’s designated representative, then the Association may present the grievance, in writing, within ten (10) calendar days to the Business Administrator. Service upon the Business Administrator shall institute action under be made through the provisions hereof office of the Municipal Clerk. A decision shall be made by the Business Administrator within ten (10) calendar days. Step 3. If the grievance is not resolved to the satisfaction of the Association by the Business Administrator, then the Association may present the grievance, in writing, within ten (10) calendar days to the Public Safety Committee. Service upon the Public Safety Committee shall be made through the office of the Municipal Clerk. A decision shall be made by the Public Safety Committee within ten (10) calendar days. Step 4. If the grievance is not resolved to the satisfaction of the Association by the Public Safety Committee, then the Association may present the grievance, in writing, to the Mayor and Council. Service upon the Mayor and Council shall be made through the office of the Municipal Clerk. The Mayor and Council may hold a hearing at which time all parties at interest may be heard. The Mayor and Council shall respond to the grievance in writing within thirty (30) calendar business days of its initial filing with the occurrence Clerk under this Step. Step 5. If the grievance is not resolved to the satisfaction of the grievanceAssociation following the Step 4 determination, and an xxxxxxx effort shall be made to settle then the differences between Association may present the aggrieved employee and the Chief of Police, for the purpose of resolving the matter informally. Failure to act grievance within said thirty ten (30) calendar days shall be deemed to constitute an abandonment of the grievance. b. The Chief of Police, or his/her designee, shall render a written decision within fifteen (1510) calendar days after the receipt of the grievance. a. In decision to the event the grievance has not been resolved in or at Step 1, the employee or the P.B.A. shall, in writing and signed, file the grievance with the Township Committee within five (5) calendar days following the determination at Step 1. b. The Township committee shall render a written decision within fifteen (15) calendar days from receipt of the grievance. a. In the event the grievance has not been resolved in or at Step 2, the matter may be referred to arbitration as hereinafter provided. b. In the event that the Township or the P.B.A. desires to submit a grievance to arbitration, the following procedure shall be followed: 1. The party demanding arbitration shall serve written notice of its intention to arbitrate on the party(ies) within fifteen (15) calendar days following receipt of the Township Committee’s determination. 2. The party demanding arbitration shall request the New Jersey Public Employment Relations Commission (PERC) to appoint an for arbitration. The cost for the arbitrator’s services shall be borne equally by the Borough and the Association. Each party shall be responsible for any expenses incurred by them in preparation for the arbitration hearing. The selection of the arbitrator and the conduct of the arbitration proceeding shall be conducted in accordance consistent with the rules and regulations of the New Jersey Public Employment Relations Commission. 3. The costs of the services of the arbitrator shall be borne by the Township and the P.B.A. 4. The arbitrator shall be bound by the provisions of this Agreement and by applicable laws of the State of New Jersey and of the United States, and decisions of the Courts of the State of New Jersey and the United States. Unless the parties agree otherwise, no more than one (1) issue shall be presented to an arbitrator in any single case. 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. In rendering his/her written decision, the arbitrator shall indicate his/her findings of fact and reasons for making the award. The decision of the arbitrator shall be final and binding upon the parties subject to applicable judicial or administrative proceedingsparties. 5A. The time limits specified in the preceding sections of this Article shall include Saturdays, Sundays and holidays unless the last day of the time limit falls on a Saturday, Sunday or holiday in which event the non-Saturday, non-Sunday or non-holiday will be counted as the last day. Any expenses other than The time limits may be extended by mutual written agreement of all parties. Further, the cost steps provided in this Article may be waived by mutual written agreement of the parties. B. If a grievance is not submitted within the prescribed time limits as provided in this Article, including the provisions for the services extension of time limits, the grievance shall be deemed settled. If the Borough or any person having the responsibility of the arbitratorhearing and rendering a decision under this Article fails to meet or answer any grievance within the prescribed time limit, including but not limited to presentation of witnessesany extension, such grievance shall be borne by deemed denied and may proceed to the party incurring next step. C. The Borough shall permit the sameAssociation’s Grievance Representative to conduct the business of the Representative, which consists of conferring with employees and management on specific grievances in accordance with the grievance procedure set forth above, during the duty hours of the members without loss of pay provided the conduct of such business shall not diminish the effectiveness of the Police Department or require the recall of off-duty policeman or special officers to bring the Department to its proper effectiveness. D. This Article shall not be deemed to waive any rights of the employee or officer under the laws of the State of New Jersey existing now or in the future.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. The following constitutes the sole and exclusive method of solving In order to resolve grievances between the parties covered by this Agreement and between the parties, this procedure shall be followed in its entirety unless any step is waived by mutual consent: a. : An aggrieved employee: The P.B.A., on behalf of an aggrieved employee or employees, or the Township, employees shall institute action under the provisions provision hereof within thirty fifteen (3015) calendar days of the occurrence of the event-giving rise to the grievance, and an xxxxxxx effort shall be made to settle . Action is instituted by filing a grievance with the differences between the aggrieved employee and the Chief of Police, for the purpose of resolving the matter informallyAssociation Grievance Committee. Failure to act within said thirty fifteen (3015) calendar days shall be deemed to constitute an abandonment of the grievance. b. The Chief of Police, or his/her designee, shall render a written decision within . 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 grievance to determine whether it has or lacks merit. Such processing of grievances shall take place without discrimination and irrespective of membership or affiliation with the Association. Upon finding of merit or non-merit, the Association Grievance Committee shall present written confirmation of such determination to the Fire Chief with request that the Fire Chief investigate and resolve same, if required. If the resolution of the grievance has not been reached within five (5) working days of the submission to the Fire Chief, the grievance may proceed to Step Two. 1. In the event a satisfactory settlement has not been reached at Step One, the Association may, within ten (10) calendar days of the Fire Chiefs' or a designees1 decision, file his written grievance with the Board. This presentation shall include copies of all previous correspondence relating to the matter in dispute. 2. The Board or its designee shall review the decision of the Fire Chief, and, within ten (10) calendar days from receipt of the grievance, make a written determination. a. 1. In the event the grievance has not been resolved in or at Step 1Two the Association may, the employee or the P.B.A. shall, in writing and signed, file the grievance with the Township Committee within five thirty (530) calendar days following the determination at Step 1. b. The Township committee shall render a written decision within fifteen (15) calendar days from receipt of the grievance. a. In the event the grievance has not been resolved in or at Step 2Boards' decision, the matter may be referred to arbitration as hereinafter provided. b. In the event that the Township or the P.B.A. desires to submit a grievance to request arbitration, the following procedure . The arbitrator shall be followed: 1. The party demanding arbitration shall serve written notice chosen in accordance with the rules of its intention to arbitrate on the party(ies) within fifteen (15) calendar days following receipt of the Township Committee’s determination. 2. The party demanding arbitration shall request the Public Employment Relations Commission (PERC). 2. However no arbitration hearing shall be scheduled sooner than thirty (30) calendar days after the final decision by the Board. In the event that the aggrieved elects to appoint an arbitratorpursue other remedies, the arbitration hearing shall be cancelled and the matter withdrawn from arbitration. The selection of Association shall pay whatever costs it may incurred in processing the arbitrator shall be conducted in accordance with the rules and regulations of the Public Employment Relations Commissioncase to arbitration. 3. The costs of the services of the arbitrator shall be borne by the Township and the P.B.A. 4. The arbitrator shall be bound by the provisions of this Agreement and by applicable laws of the State of New Jersey and of the United States, and decisions of the Courts of the State of New Jersey and the United States. Unless the parties agree otherwise, no more than one (1) issue shall be presented to an arbitrator in any single case. 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. In rendering his/her written decision, the arbitrator shall indicate his/her findings of fact and reasons for making the award. The decision of the arbitrator shall be final and binding upon the parties subject to applicable judicial or administrative proceedings. 5. Any expenses other than the cost for the services of the arbitrator, including but not limited to presentation of witnesses, shall be borne by the party incurring the same.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. The following constitutes the sole and exclusive method of solving for resolving grievances between the parties covered by this Agreement Agreement, with the exception of Township initiated grievances which will proceed in accordance with Article III, Section D, and shall be followed in its entirety unless any step is waived by mutual consent: a. An aggrieved employee: The P.B.A., on behalf of an aggrieved employee or employees, or the Township, shall institute action under the provisions hereof within thirty ten (3010) calendar days of after the occurrence of event giving rise to the grievance, grievance has occurred and an xxxxxxx effort shall be made to settle the differences between the aggrieved employee and the Chief of Police, his/her immediate supervisor for the purpose of resolving the matter informally. Failure to act within the said thirty ten (3010) calendar days shall be deemed to constitute an abandonment of the grievance. b. , unless just cause to the contrary is presented by the aggrieved party. The Chief of Police, or his/her his designee, shall render a written decision within fifteen five (155) days after receipt of the grievance. If the grievance is not settled at the first step, the grievant or the representative(s) from the Association may make written request for a second step meeting within five (5) days after the answer at the first step. The Chief of Police, or his designee, shall set a meeting within seven (7) calendar days after the receipt request for such time as is mutually agreeable. Said second step meeting shall be between the Township Manager and the Chief of Police with the Association representative(s). The Township Manager's decision to the second step shall be delivered to the Association within seven (7) calendar days after the meeting. If no satisfactory resolution of the grievance. a. In the event the grievance has not been resolved in or is reached at Step 1Two, the employee or the P.B.A. shall, in writing and signed, file the grievance with the Township Committee then within five (5) calendar working days following the determination at Step 1. b. The Township committee shall render a written decision within fifteen (15) calendar days from receipt of the grievance. a. In the event the grievance has not been resolved in or at Step 2, the matter may be referred to arbitration as hereinafter provided. b. In the event that the Township or the P.B.A. desires to submit a grievance to arbitration, the following procedure shall be followed: 1. The party demanding arbitration shall serve written notice of its intention to arbitrate on the party(ies) within fifteen (15) calendar days following receipt of the Township Committee’s determination. 2. The party demanding arbitration shall request the Public Employment Relations Commission (PERC) to appoint an arbitrator. The for the selection of the arbitrator shall be conducted in accordance with the rules and regulations of the Public Employment Relations Commission. 3. The costs of the services of the arbitrator shall be borne by the Township and the P.B.A. 4. The arbitrator shall be bound by the provisions of this Agreement and by applicable laws of the State of New Jersey and of the United States, and decisions of the Courts of the State of New Jersey and the United States. Unless the parties agree otherwise, no more than one (1) issue shall be presented to an arbitrator in any single case. The arbitrator shall not have the authority pursuant to add to, modify, detract from, or alter in any way the provisions rules of this Agreement or any amendment or supplement thereto. In rendering his/her written decision, the arbitrator shall indicate his/her findings of fact and reasons for making the awardsaid Commission. The decision of the arbitrator shall be final and binding upon the parties subject to applicable judicial or administrative proceedings. 5parties. Any expenses other than the cost for the services The expense of the arbitrator, including but not limited to presentation of witnesses, such arbitration shall be borne equally by the party incurring parties. TOWNSHIP GRIEVANCES Grievances initiated by the sameTownship shall be filed directly with the Sparta Dispatchers Association. Within ten (10) calendar days after the filing of the grievance, a meeting shall be held between representatives of the Township and the Sparta Dispatchers Association in an xxxxxxx effort to adjust the differences between the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. The following constitutes the sole and exclusive method of solving for resolving grievances between the parties covered by this Agreement Agreement, except for other procedures established by statute or regulation, and shall be followed in its entirety unless any step is waived by mutual consent: a. An . The Union shall have the right to process a grievance at any step with or without the consent of the aggrieved employee: The P.B.A.. 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 Union within ten (10) calendar days after the event-giving rise to the grievance has occurred, on behalf exclusive of Saturdays and Sundays. A meeting shall be held within ten (10) calendar days after the filing of the grievance, exclusive of Saturdays and Sundays, between the representatives 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) calendar days, this shall be deemed an abandonment of the 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 last meeting was held to resolve the grievance, exclusive of Saturdays and Sundays. STEP ONE- an aggrieved employee or employees, or the Township, party shall institute action under by notifying the provisions hereof Board Liaison in writing within thirty ten (3010) calendar 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 employee party and the Chief of PoliceBoard or their designee, for the purpose of resolving the matter informally. Failure of the aggrieved party to act within said thirty ten (3010) 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 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 (10) calendar days shall be deemed to constitute an abandonment of the grievance. b. The Chief of Police, or his/her designee, shall render a written decision within fifteen (15) calendar days after the receipt of the grievance. a. . STEP TWO- In the event the grievance has is not been resolved in or settled at Step 1One, the employee or the P.B.A. shall, it shall be summarized in writing by the aggrieved party and signed, file the grievance filed with the Township Committee within five Board at the next regular meeting. Within ten (5) calendar days following the determination at Step 1. b. The Township committee shall render a written decision within fifteen (1510) calendar days from the receipt of the grievance. a. grievance (unless a different period is mutually agreed upon) the Board shall advise, in writing, the aggrieved party and his representative of their answer. In the event of the grievance has not been resolved failure of the Board to act in accordance with the provisions of "Step Two," paragraph "2" above, or at Step 2in the event an answer by the Board in accordance with the provisions thereof is deemed unsatisfactory, the matter may be referred to arbitration as hereinafter provided. b. In the event that the Township or the P.B.A. desires to submit a grievance to arbitration, the following procedure shall be followed: 1. The aggrieved party demanding arbitration shall serve written notice of its intention to arbitrate on the party(ies) within fifteen ten (1510) calendar days following of the receipt of the Township Committee’s determination. 2answer or from when such answer should have been received, may appeal to arbitrator for determination of the grievance (Step 3). The Failure of the aggrieved party demanding arbitration to act within ten (10) calendar days shall be deemed to constitute an abandonment of the grievance. STEP THREE (Arbitration)- If such grievance is not settled at "Step Two," any party may request the New Jersey Public Employment Relations Commission (PERC) to appoint have an arbitrator. The selection of the arbitrator shall be conducted appointed in accordance with the rules and regulations of the Public Employment Relations Commission. 3. The costs of the services of the arbitrator shall be borne by the Township and the P.B.A. 4. The arbitrator shall be bound by the provisions of this Agreement and by applicable laws of the State of New Jersey and of the United States, and decisions of the Courts of the State of New Jersey and the United States. Unless the parties agree otherwise, no more than one (1) issue shall be presented to an arbitrator in any single case. 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. In rendering his/her written decision, the arbitrator shall indicate his/her findings of fact and reasons for making the awardtheir rules. The decision of the arbitrator shall be final and binding upon the parties subject to applicable judicial or administrative proceedings. 5on all parties. Any expenses other than the cost The costs for the services of the arbitratorarbitrator shall be borne equally between the Board and the Union. Any other expenses, including but not limited to the presentation of witnesses, shall be borne paid by the party incurring the same.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. The following constitutes the sole and exclusive method of solving grievances between the parties covered by this Agreement and shall be followed in its entirety unless any step is waived by mutual consent: a. An aggrieved employee: The , the P.B.A., on behalf of an aggrieved employee or employees, or the Township, shall institute action under the provisions hereof within thirty (30) calendar days of the occurrence of the grievance, and an xxxxxxx effort shall be made to settle the differences between the aggrieved employee and the Chief of Police, for the purpose of resolving the matter informally. Failure to act within said thirty (30) calendar days shall be deemed to constitute an abandonment of the grievance. b. The Chief of Police, or his/her his designee, shall render a written decision within fifteen (15) calendar days after the receipt of the grievance. a. In the event the grievance has not been resolved in or at Step 1, the employee or the P.B.A. shall, in writing and signed, file the grievance with the Township Committee within five (5) calendar days following the determination at Step 1. b. The Township committee shall render a written decision within fifteen (15) calendar days from receipt of the grievance. a. In the event the grievance has not been resolved in or at Step 2, the matter may be referred to arbitration as hereinafter provided. b. In the event that the Township or the P.B.A. desires to submit a grievance to arbitration, the following procedure shall be followed: 1. The party demanding arbitration shall serve written notice of its intention to arbitrate on the party(ies) within fifteen (15) calendar days following receipt of the Township Committee’s 's determination. 2. The party demanding arbitration shall request the Public Employment Relations Commission (PERC) to appoint an arbitrator. The selection of the arbitrator shall be conducted in accordance with the rules and regulations of the Public Employment Relations Commission. 3. The costs of the services of the arbitrator shall be borne by the Township and the P.B.A. 4. The arbitrator shall be bound by the provisions of this Agreement and by applicable laws of the State of New Jersey and of the United States, and decisions of the Courts of the State of New Jersey and the United States. Unless the parties agree otherwise, no more than one (1) issue shall be presented to an arbitrator in any single case. 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. In rendering his/her his written decision, the arbitrator shall indicate his/her his findings of fact and reasons for making the award. The decision of the arbitrator shall be final and binding upon the parties subject to applicable judicial or administrative proceedings. 5. Any expenses other than the cost for the services of the arbitrator, including but not limited to presentation of witnesses, shall be borne by the party incurring the same.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. The following constitutes the sole and exclusive method of solving for resolving grievances between the parties covered by this Agreement and shall be followed in its entirety unless any step is waived by mutual consent: Step One: a. (a) An aggrieved employee: The P.B.A., on behalf of an aggrieved employee or employees, or the Township, shall institute action under the provisions hereof within thirty seven (307) calendar days of the occurrence of the grievance, grievance and an xxxxxxx effort shall be made to to, settle the differences difference between the aggrieved employee and the Chief of Policethe Department, or his designee, for the purpose of resolving the matter informally. Failure to act within said thirty seven (307) calendar days shall be deemed to constitute an abandonment of the grievance. b. (b) The Chief of Policethe Department, or his/her designeehis representative, shall render a written decision within fifteen seven (157) calendar days after the receipt of the grievance.. Step Two: a. (a) In the event the grievance has is not been resolved in or at settled through Step 1One, the employee or same shall be reduced to writing by the P.B.A. shall, in writing Association and signed, file signed by the grievance aggrieved and filed with the Township Committee Business Administrator (or his designee) within five the seven (57) calendar days following the determination at Step 1by the Chief of the Department. b. (b) The Township committee Business Administrator, or his representative, shall render a written decision within fifteen seven (157) calendar days from after receipt of the grievance. Step Three - Binding Arbitration: (a) If the grievance is not settled through Steps One and Two, either party may refer the matter to the American Arbitration Association for Binding Arbitration within ten (10) days after the determination by the Business Administrator. An Arbitrator shall be selected pursuant to the Rules of the American Arbitration Association. a. (b) However, no arbitration hearing shall be scheduled sooner than twenty (20) days after the final decision of the Business Administrator. In the event the grievance has not been resolved in or at Step 2aggrieved elected to pursue Civil Service procedures, the arbitration hearing shall be canceled and the matter withdrawn from arbitration and the Association shall pay whatever costs may be referred have been incurred in processing the case to arbitration as hereinafter providedarbitration. b. In the event that the Township or the P.B.A. desires to submit a grievance to arbitration, the following procedure shall be followed: 1. The party demanding arbitration shall serve written notice of its intention to arbitrate on the party(ies(c) within fifteen (15) calendar days following receipt of the Township Committee’s determination. 2. The party demanding arbitration shall request the Public Employment Relations Commission (PERC) to appoint an arbitrator. The selection of the arbitrator shall be conducted in accordance with the rules and regulations of the Public Employment Relations Commission. 3. The costs of the services of the arbitrator shall be borne by the Township and the P.B.A. 4. The arbitrator shall be bound by the provisions of this Agreement and by applicable laws restricted to the application of the State of New Jersey and of the United States, and decisions of the Courts of the State of New Jersey and the United States. Unless the parties agree otherwise, no more than one (1) issue shall be facts presented to an arbitrator him involved in any single casethe grievance. The arbitrator Arbitrator shall not have the authority to add to, modify, detract from, from or alter in any way the provisions of this Agreement or any amendment or supplement thereto. In rendering his/her written decision, the arbitrator shall indicate his/her findings of fact and reasons for making the award. The decision of the arbitrator shall be final and binding upon the parties subject to applicable judicial or administrative proceedings. 5. Any expenses other than the cost (d) The costs for the services of the arbitratorArbitrator shall be borne equally between the Township and the Association. Any other expenses, including but not limited to the presentation of witnesses, shall be borne paid by the party incurring the same.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Steps of the Grievance Procedure. The following constitutes the sole and exclusive method of solving grievances between the parties covered by this Agreement and shall be followed in its entirety unless any step is waived by mutual consent: a. An aggrieved employee: The , the P.B.A., on behalf of an aggrieved employee or employees, or the Township, shall institute action under the provisions hereof within thirty (30) calendar days of the occurrence of the grievance, and an xxxxxxx effort shall be made to settle the differences between the aggrieved employee and the Chief of Police, for the purpose of resolving the matter informally. Failure to act within said thirty (30) calendar days shall be deemed to constitute an abandonment of the grievance. b. The Chief of Police, or his/her designee, shall render a written decision within fifteen (15) calendar days after the receipt of the grievance. a. In the event the grievance has not been resolved in or at Step 1, the employee or the P.B.A. shall, in writing and signed, file the grievance with the Township Committee within five (5) calendar days following the determination at Step 1. b. The Township committee shall render a written decision within fifteen (15) calendar days from receipt of the grievance. a. In the event the grievance has not been resolved in or at Step 2, the matter may be referred to arbitration as hereinafter provided. b. In the event that the Township or the P.B.A. desires to submit a grievance to arbitration, the following procedure shall be followed: 1. The party demanding arbitration shall serve written notice of its intention to arbitrate on the party(ies) within fifteen (15) calendar days following receipt of the Township Committee’s 's determination. 2. The party demanding arbitration shall request the Public Employment Relations Commission (PERC) to appoint an arbitrator. The selection of the arbitrator shall be conducted in accordance with the rules and regulations of the Public Employment Relations Commission. 3. The costs of the services of the arbitrator shall be borne by the Township and the P.B.A. 4. The arbitrator shall be bound by the provisions of this Agreement and by applicable laws of the State of New Jersey and of the United States, and decisions of the Courts of the State of New Jersey and the United States. Unless the parties agree otherwise, no more than one (1) issue shall be presented to an arbitrator in any single case. 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. In rendering his/her written decision, the arbitrator shall indicate his/her findings of fact and reasons for making the award. The decision of the arbitrator shall be final and binding upon the parties subject to applicable judicial or administrative proceedings. 5. Any expenses other than the cost for the services of the arbitrator, including but not limited to presentation of witnesses, shall be borne by the party incurring the same.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. The following constitutes constitute the sole and exclusive method of solving grievances between the parties covered by this Agreement and shall be followed in its entirety unless any step a Step is waived by mutual consent:. a. (a) An aggrieved employee: The P.B.A.Lieutenant, the PBA on behalf of an aggrieved employee Lieutenant or employees, Lieutenants or the Township, Township shall institute action under the provisions hereof within thirty (30) calendar days of the occurrence of the grievancegrievance of from the time the grievance could reasonably have had knowledge of said event, and an xxxxxxx effort shall be made to settle the differences between the aggrieved employee Lieutenant and the Chief of Police, for the purpose of resolving the matter informally. Failure to act within said thirty (30) calendar days shall be deemed to constitute an abandonment of the grievance. b. (b) The Chief of Police, or his/her his designee, shall render a written decision within fifteen (15) calendar days after the receipt of the grievance. a. (a) In the event the grievance has not been resolved in or at Step 1, the employee or the P.B.A. Lieutenant shall, in writing and signed, file the grievance with the Township Committee within five (5) calendar days following the determination at Step 1. b. (b) The Township committee Committee shall render a written decision within fifteen (15) calendar days from receipt of the grievance. a. (a) In the event the grievance has not been resolved in or at Step 2, the matter may be referred to arbitration as hereinafter provided. b. (b) In the event that the Township or the P.B.A. PBA desires to submit a grievance to arbitration, the following procedure shall be followed:. (1. ) The party demanding arbitration shall serve written notice of its intention to arbitrate on the party(iesother party (is) within fifteen (15) calendar days following receipt of the Township Committee’s determination. (2. ) The party demanding arbitration shall request the Public Employment Relations Commission (PERC) to appoint an arbitrator. The selection of the arbitrator shall be conducted in accordance with the rules and regulations of the Public Employment Relations Commission. (3. ) The costs of the services of the arbitrator shall be borne equally by the Township and the P.B.A.Lieutenants. (4. ) The arbitrator shall be bound by the provisions of this Agreement and by applicable laws of the State of New Jersey and of the United States, and decisions of the Courts of the State of New Jersey and of the United States. Unless the parties agree otherwise, no more than one (1) issue shall be presented to an arbitrator in any single case. 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. In rendering his/her his written decision, the arbitrator shall indicate his/her his findings of fact and reasons for making the award. The decision of the arbitrator shall be final and binding upon the parties subject to applicable application judicial or administrative proceedings. (5. ) Any expenses other than the cost for the services of the arbitrator, including but not limited to presentation of witnesses, shall be borne by the party incurring the same.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. The following constitutes constitute the sole and exclusive method of solving grievances between the parties covered by this Agreement and shall be followed in its entirety unless any step a Step is waived by mutual consent:. a. (a) An aggrieved employee: The P.B.A.Lieutenant, the SOA on behalf of an and aggrieved employee Lt or employees, Lts or the Township, Township shall institute action under the provisions hereof within thirty (30) calendar days of the occurrence of the grievancegrievance of from the time the grievance could reasonably have had knowledge of said event, and an xxxxxxx effort shall be made to settle the differences between the aggrieved employee Lieutenant and the Chief of Police, for the purpose of resolving the matter informally. Failure to act within said thirty (30) calendar days shall be deemed to constitute an abandonment of the grievance. b. (b) The Chief of Police, or his/her his designee, shall render a written decision within fifteen (15) calendar days after the receipt of the grievance. a. (a) In the event the grievance has not been resolved in or at Step 1, the employee or the P.B.A. Lieutenant shall, in writing and signed, file the grievance with the Township Committee within five (5) calendar days following the determination at Step 1. b. (b) The Township committee Committee shall render a written decision within fifteen (15) calendar days from receipt of the grievance. a. (a) In the event the grievance has not been resolved in or at Step 2, the matter may be referred to arbitration as hereinafter provided. b. (b) In the event that the Township or the P.B.A. SOA desires to submit a grievance to arbitration, the following procedure shall be followed:. (1. ) The party demanding arbitration shall serve written notice of its intention to arbitrate on the party(iesother party (is) within fifteen (15) calendar days following receipt of the Township Committee’s determination. (2. ) The party demanding arbitration shall request the Public Employment Relations Commission (PERC) to appoint an arbitrator. The selection of the arbitrator shall be conducted in accordance with the rules and regulations of the Public Employment Relations Commission. (3. ) The costs of the services of the arbitrator shall be borne equally by the Township and the P.B.A.Lieutenants. (4. ) The arbitrator shall be bound by the provisions of this Agreement and by applicable laws of the State of New Jersey and of the United States, and decisions of the Courts of the State of New Jersey and of the United States. Unless the parties agree otherwise, no more than one (1) issue shall be presented to an arbitrator in any single case. 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. In rendering his/her his written decision, the arbitrator shall indicate his/her his findings of fact and reasons for making the award. The decision of the arbitrator shall be final and binding upon the parties subject to applicable application judicial or administrative proceedings. (5. ) Any expenses other than the cost for the services of the arbitrator, including but not limited to presentation of witnesses, shall be borne by the party incurring the same.

Appears in 1 contract

Samples: Police Contract Agreement

Steps of the Grievance Procedure. The following constitutes the sole and exclusive method of solving for resolving grievances between the parties covered by this Agreement and shall be followed in its entirety unless any step is waived by mutual consent: Step One: a. (a) An aggrieved employee: The P.B.A., on behalf of an aggrieved employee or employees, or the Township, shall institute action under the provisions hereof within thirty seven (307) calendar days of the occurrence of the grievance, grievance and an xxxxxxx effort shall be made to to, settle the differences difference between the aggrieved employee and the Chief of Policethe Department, or his designee, for the purpose of resolving the matter informally. Failure to act within said thirty seven (307) calendar days shall be deemed to constitute an abandonment of the grievance. b. (b) The Chief of Policethe Department, or his/her designeehis representative, shall render a written decision within fifteen seven (157) calendar days after the receipt of the grievance. a. (a) In the event the grievance has is not been resolved in or at settled through Step 1One, the employee or same shall be reduced to writing by the P.B.A. shall, in writing Association and signed, file signed by the grievance aggrieved and filed with the Township Committee Business Administrator (or his designee) within five the seven (57) calendar days following the determination at Step 1by the Chief of the Department. b. (b) The Township committee Business Administrator, or his representative, shall render a written decision within fifteen seven (157) calendar days from after receipt of the grievance. Step Three - Binding Arbitration: (a) If the grievance is not settled through Steps One and Two, either party may refer the matter to the American Arbitration Association for Binding Arbitration within ten (10) days after the determination by the Business Administrator. An Arbitrator shall be selected pursuant to the Rules of the American Arbitration Association. a. (b) However, no arbitration hearing shall be scheduled sooner than twenty (20) days after the final decision of the Business Administrator. In the event the grievance has not been resolved in or at Step 2aggrieved elected to pursue Civil Service procedures, the arbitration hearing shall be canceled and the matter withdrawn from arbitration and the Association shall pay whatever costs may be referred have been incurred in processing the case to arbitration as hereinafter providedarbitration. b. In the event that the Township or the P.B.A. desires to submit a grievance to arbitration, the following procedure shall be followed: 1. The party demanding arbitration shall serve written notice of its intention to arbitrate on the party(ies(c) within fifteen (15) calendar days following receipt of the Township Committee’s determination. 2. The party demanding arbitration shall request the Public Employment Relations Commission (PERC) to appoint an arbitrator. The selection of the arbitrator shall be conducted in accordance with the rules and regulations of the Public Employment Relations Commission. 3. The costs of the services of the arbitrator shall be borne by the Township and the P.B.A. 4. The arbitrator shall be bound by the provisions of this Agreement and by applicable laws restricted to the application of the State of New Jersey and of the United States, and decisions of the Courts of the State of New Jersey and the United States. Unless the parties agree otherwise, no more than one (1) issue shall be facts presented to an arbitrator him involved in any single casethe grievance. The arbitrator Arbitrator shall not have the authority to add to, modify, detract from, from or alter in any way the provisions of this Agreement or any amendment or supplement thereto. In rendering his/her written decision, the arbitrator shall indicate his/her findings of fact and reasons for making the award. - (d) The decision of the arbitrator shall be final and binding upon the parties subject to applicable judicial or administrative proceedings. 5. Any expenses other than the cost costs for the services of the arbitratorArbitrator shall be borne equally between the Township and the Association. Any other expenses, including but not limited to the presentation of witnesses, shall be borne paid by the party incurring the same.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps of the Grievance Procedure. The following constitutes the sole and exclusive method of solving for resolving grievances between the parties covered by this Agreement and shall be followed in its entirety unless any step is waived by mutual consent:Agreement. a. An aggrieved employee: The P.B.A., on behalf of an aggrieved employee or employees, or the Township, grievant shall institute action under the provisions hereof in writing, signed and delivered to his/her Division Director within thirty fourteen (3014) calendar days of the occurrence complained of, or within fourteen (14) calendar days after he would reasonably be expected to know of the grievance, and an xxxxxxx effort shall be made to settle the differences between the aggrieved employee and the Chief of Police, for the purpose of resolving the matter informallyits occurrence. Failure to act within said thirty fourteen (3014) calendar days shall be deemed to constitute an abandonment of the grievance. The grievant may be represented by an employee who is the Shop Xxxxxxx or Local Union Representatives. b. The Chief of Police, or his/her designee, Division Director shall render a written decision in writing within fifteen fourteen (1514) calendar days after the receipt of the grievance. a. In the event the grievance satisfactory settlement has not been resolved in or at Step 1reached, the employee or the P.B.A. grievant shall, in writing and signed, file the grievance his complaint with the Township Committee Department Head within five fourteen (514) calendar days following the determination at Step 1. The grievant may be represented by an employee who is the Shop Xxxxxxx or Local Union Representatives. b. The Township committee Department Head, or his designee, shall render a written his decision within fifteen fourteen (1514) calendar days from after the receipt of the grievancecomplaint. a. In Should the event grievant disagree with the grievance has not been resolved in decision of the Department Head, or at Step 2his designee, the matter may be referred aggrieved may, within fourteen (14) calendar days, submit to arbitration the Atlantic County Director of Human Resources a statement in writing and signed as hereinafter provided. b. In to the event that the Township or the P.B.A. desires to submit a grievance to arbitration, the following procedure shall be followed: 1issues in dispute. The party demanding arbitration Director of Human Resources shall serve written notice review the decision of its intention to arbitrate on the party(ies) Department Head together with the disputed areas submitted by the grievant. The grievant and/or the Union representatives may request an appearance before the Director of Human Resources. The Director of Human Resources will render his/her decision within fifteen fourteen (1514) calendar days following receipt of after the Township Committee’s determination. 2Grievance Board meeting at which the matter has been reviewed. The party demanding arbitration shall request If the Public Employment Relations Commission (PERC) to appoint an arbitrator. The selection of the arbitrator shall be conducted in accordance with the rules and regulations of the Public Employment Relations Commission. 3. The costs of the services of the arbitrator shall be borne by the Township and the P.B.A. 4. The arbitrator shall be bound by the provisions of this Agreement and by applicable laws of the State of New Jersey and of the United States, and decisions of the Courts of the State of New Jersey and the United States. Unless the parties agree otherwise, no more than one (1) issue shall be presented to an arbitrator in any single case. 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. In rendering his/her written decision, the arbitrator shall indicate his/her findings of fact and reasons for making the award. The decision of the arbitrator Director of Human Resources involves a non- contractual grievance, the decision of the Director of Human Resources shall be final final. The hearing officer will render decision within fourteen (14) working days. If grievance is not responded to within this fourteen (14) day period, the Department Head at the 3rd step will be made aware and binding upon the parties subject to applicable judicial or administrative proceedings. 5. Any expenses other than the cost for the services of the arbitrator, including but not limited to presentation of witnesses, shall a hearing must be borne by the party incurring the same.scheduled within five

Appears in 1 contract

Samples: Collective Bargaining Agreement

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