Common use of Steps of the Grievance Procedure Clause in Contracts

Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving the grievances between the parties covered by this Agreement, and shall be followed in its entirety unless any step is waives by mutual consent: a. An aggrieved employee shall institute action under the provisions hereof within seven (7) working days of the occurrence of the grievance, and an xxxxxxx effort shall be made to settle the differences between the aggrieved employee and his immediate supervisor for the purpose of resolving the matter informally. Failure to act within said seven (7) working days shall be deemed to constitute an abandonment of the grievance. b. The supervisor shall render a decision within three (3) working days after receipt of the grievance. a. In the event the grievance has not been resolved at Step One, then within three (3) working days following the determination of the immediate supervisor, the matter may be submitted to the Borough Administrator. b. The Borough Administrator shall review the matter and make a determination within five (5) working days from the receipt of the Complaint. c. In the event the grievance has not been resolved by Step Two ( b), the Director of the department shall review the matter and make a determination within five a. In the event the grievance has not been resolved at Step Two, the UNION may within fifteen (15) working days, request arbitration. The arbitrator shall be chosen in accordance with the Rules of the American Arbitration Association, or the New Jersey Board of Mediation. b. In the event the aggrieved elects to pursue Court action, the arbitration hearing shall be canceled and the matter withdrawn from arbitration. The UNION shall pay whatever costs may have been incurred in processing the case to arbitration. c. 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 amendments of supplement thereto. d. The costs for the services of the arbitrator shall be borne equally between the BOROUGH and the UNION. Any other expenses incurred, including, but not limited to the presentation of witnesses, shall be paid by the party incurring the same. e. The arbitrator’s decision shall be binding and he shall set forth his findings of facts and reasons for making the award within thirty (30) days after conclusion of the arbitration. hearing unless agreed to otherwise by the parties. f. No reply at any step of the grievance Procedure shall be deemed a denial.

Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving the grievances between the parties covered by this Agreement, Agreement and shall be followed in its entirety unless any step is waives waived by mutual consent. For purposes of this Article, working days shall be defined as Monday through Friday, excluding holidays, irrespective of the employee’s work schedule: a. (a) An aggrieved employee shall institute an action under the provisions hereof by submitting his grievance in writing within seven (7) working days after the occurrence upon a form provided by the Union and to the Shop Xxxxxxx, who in turn shall forthwith file one (1) copy with the County's Personnel Officer and one (1) copy with the Department Head of the occurrence of the grievanceaggrieved employee. Having completed this, and an xxxxxxx effort shall be made to settle the differences between the aggrieved employee and his immediate supervisor Department Head or designee for the purpose of resolving the matter informally. Failure to act within said seven (7) working days file this 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 this grievance. b. (b) The supervisor Department Head or designee shall render a written decision within three five (35) working days after receipt of the grievance. Failure to render such written decision within the time provided shall be deemed a denial of the grievance. a. (c) Where the employee has no immediate Department Head or designee, he or she may proceed directly to Step Two hereof, subject to the time limitations provided for filing a grievance as provided under Step One. (a) In the event the grievance a satisfactory settlement has not been resolved at Step Onereached with the Department Head or designee, then the employee may appeal his/her grievance to the Administrator or designee within three seven (37) working days following receipt by the determination employee of the immediate supervisor, written determination by the matter may Department Head. Such appeal shall be submitted in writing signed by the aggrieved employee and delivered to the Borough AdministratorAdministrator or designee. b. (b) The Borough Administrator or designee shall review the matter and make render a determination within five written decision with ten (510) working days from the his or her receipt of the Complaintgrievance. Failure to render such written decision with the time period shall be deemed a denial of the grievance. c. (c) The written decision of both the Department Head or designee and the Administrator or designee shall be directed to the Local Union Representative within the County who filed the grievance with the County. In the event the grievance has not been resolved by Step Two ( b), the Director of the department shall review the matter and make a determination within five a. In the event that the grievance has not been resolved at Step Two, the UNION Union may within fifteen thirty (1530) working daysdays following receipt by the Union of the determination of the Administrator, request submit the matter to the Public Employment Relations Commission for binding arbitration. The Union shall not assign its rights to bring a grievance to arbitration to any individual, groups of grievants or to an attorney(s) retained by anyone other than the Union or to any attorney not specifically retained by the Union for Union matters. In the event that the Union shall elect to submit the grievance to binding arbitration, the following provisions shall apply: (a) An arbitrator shall be chosen in accordance with selected pursuant to the Rules rules of the American Arbitration Association, or the New Jersey Board of MediationPublic Employment Relations Commission. b. In the event the aggrieved elects to pursue Court action, the arbitration hearing shall be canceled and the matter withdrawn from arbitration. The UNION shall pay whatever costs may have been incurred in processing the case to arbitration. c. (b) The arbitrator shall be bound by the provisions parameters of the grievance definition stated in ARTICLE FOUR of this Agreement and restricted to the application Agreement. (c) The decision of the facts presented to him involved in the grievance. The arbitrator shall not have be final and binding upon the authority to add, to modify, detract from, or alter in any way, the provisions of this Agreement or any amendments of supplement theretoparties. d. (d) The costs for of the services of the arbitrator shall be borne equally between by the BOROUGH County and the UNIONUnion. Any other expenses incurred, including, but not limited to the presentation of witnesses, shall be paid by the party incurring the same. e. The arbitrator’s decision shall be binding and he arbitrator shall set forth his the findings of facts fact and reasons for making the award within thirty (30) calendar days after the conclusion of the arbitration. hearing arbitration hearing, unless otherwise agreed to otherwise by the parties. f. No reply at . Notwithstanding any step procedures for the resolution of disputes, controversies or grievances established by any other statute, the grievance Procedure procedure herein established by this Agreement between the County and the Union shall be deemed a denialutilized for any dispute covered by the terms of this Agreement or affecting the employees covered hereunder, except for disciplinary matters.

Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving the grievances between the parties covered by this Agreement, and shall be followed in its entirety entirety, unless any step is waives waived by mutual consent:. a. (a) An aggrieved employee or employees of the Borough shall institute action under the provisions hereof within seven forty- eight (748) working days hours of the occurrence of the grievance, and an xxxxxxx effort shall be made to settle the differences between the aggrieved employee and his immediate supervisor the Xxxxxxx or Department Head, for the purpose of resolving the matter informally. , Failure to act within said seven forty-eight (748) working days hours, shall be deemed to constitute an abandonment of the grievance. b. (b) The supervisor Xxxxxxx or Department Head shall render a decision within three twenty-four (324) working days hours after the receipt of the grievance. a. (a) In the event the grievance a satisfactory settlement has not been resolved reached, the employee shall, in writing and signed, file his grievance with the Council Committee Chairman of this Department or designee within forty-eight (48) hours following the determination at Step One, then within three (3) working days following the determination of the immediate supervisor, the matter may be submitted to the Borough Administrator. b. (b) The Borough Administrator Council Committee Chairman or designee shall review the matter and make render a determination decision in writing within five (5) working days from the receipt of the Complaintgrievance. c. In the event the grievance has not been resolved by Step Two ( b), the Director of the department shall review the matter and make a determination within five a. (a) In the event the grievance has not been resolved at Step Two, then within five (5) days following the UNION determination, the matter may within fifteen be referred to the Mayor and Council, who shall review the matter and make a determination with ten (15) working days, request arbitration. The arbitrator shall be chosen in accordance with 10 days from the Rules receipt of the American Arbitration Association, or the New Jersey Board of Mediationgrievance. b. In the event the aggrieved elects to pursue Court action, the arbitration hearing shall be canceled and the matter withdrawn from arbitration. The UNION shall pay whatever costs may have been incurred in processing the case to arbitration. c. 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 amendments of supplement thereto. d. The costs for the services of the arbitrator shall be borne equally between the BOROUGH and the UNION. Any other expenses incurred, including, but not limited to the presentation of witnesses, shall be paid by the party incurring the same. e. The arbitrator’s decision shall be binding and he shall set forth his findings of facts and reasons for making the award within thirty (30) days after conclusion of the arbitration. hearing unless agreed to otherwise by the parties. f. No reply at any step of the grievance Procedure shall be deemed a denial.

Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving the grievances between the parties covered by this Agreement, and shall be followed in its entirety unless any step is waives by mutual consent:. a. An aggrieved employee (a) The grievant shall institute action under the provisions hereof in writing, signed and delivered to his/her Unit Head or authorized county representative within seven ten (710) working days of the occurrence complained of, or within ten (10) working days after he/she 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 his immediate supervisor for the purpose of resolving the matter informallyits occurrence. Failure to act within said seven ten (710) working 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 representative. b. (b) The supervisor Unit Head or authorized County representative shall render a decision in writing within three ten (310) working days after receipt of the grievance. Failure to render a decision within this time shall be considered a denial of the grievance. a. (a) In the event the grievance satisfactory settlement has not been resolved at Step One, then within three (3) working days following the determination of the immediate supervisorreached, the matter may be submitted to grievant shall, in writing and signed, file his complaint with the Borough Administrator. b. The Borough Administrator shall review the matter and make a determination Department Head within five (5) working days from following the determination at Step 1. The grievant may be represented by an employee who is the shop xxxxxxx or Local Union representative. (b) The Department Head, or his designee, shall render a decision in writing within eight (8) calendar days after receipt of the complaint. Failure to render a decision within this time shall be considered a denial of the grievance. (a) Should the grievant disagree with the decision of the Department Head, or his designee, the aggrieved may, within five (5) working days, submit a statement, in writing and signed, as to the issues in dispute of the Office of Personnel. The Office of Personnel shall review the decision of the Department Head together with the disputed areas submitted by the grievant. The grievant and/or the Union representative may request an appearance before a designated representative of the Office of Personnel. The representative will render his/her decision within eight (8) calendar days after receipt of the grievance or grievance meeting if one is held. Failure to render a decision within this time shall be considered a denial of the grievance. If the grievance is a non-contractual grievance, the decision of the representative shall be final. (b) The grievant may be represented by the Local Union Officer or the International Union representative, or both. A minority organization shall not be present or process grievances. (c) If a hearing is to be provided, it shall be scheduled within five (5) working days, unless the parties mutually agree to an extension, and provided that the Union hand-deliver the third-step grievance to the Office of Personnel. (a) Any unresolved contractual grievance (as defined in B.1, Definitions, above), except matters involving appointment, promotion, or assignment or matters within the exclusive province of N.J. State Department of Personnel, may be appealed to arbitration within twenty (20) working days after the receipt of the ComplaintPersonnel representative’s decision. c. In (b) Nothing in this Agreement shall be construed as compelling the event Union to submit a grievance to arbitration or to represent an employee before the New Jersey State Department of Personnel. The Union’s decision to request the movement of a grievance to arbitration or to terminate the grievance has not been resolved by Step Two ( b), prior to submission to arbitration shall be final as to the Director interests of the department shall review grievant and the matter and make a determination within fiveUnion. a. In the event the grievance has not been resolved at Step Two, the UNION may within fifteen (15c) working days, request arbitration. The arbitrator shall be chosen selected in accordance with the Rules panel of arbitrators maintained by the Public Employment Relations Commission, in accordance with the selection procedures of the Public Employment Relations Commission, or by selection from the panel of arbitrators maintained by the American Arbitration Association, in accordance with the selection procedures of the American Arbitration Association, or the New Jersey Board of Mediation. b. In (d) The parties shall meet at least twenty (20) working days prior to the event the aggrieved elects to pursue Court action, 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. (e) The decision or award of the arbitrator shall be canceled final and binding on the Employer, the Union, and the matter withdrawn from arbitration. The UNION shall pay whatever costs may have been incurred grievant or grievants, to the extent permitted by and in processing the case to arbitrationaccordance with applicable law and this Agreement. c. (f) 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 Employer’s authority. The arbitrator shall be bound by have no authority to prescribe a monetary award as a penalty for a violation of this Agreement. (g) The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement and restricted shall confine his decision solely to the interpretation and application of this Agreement. He shall confine himself to the facts presented to him involved in the grievance. The arbitrator precise issue submitted for arbitration and shall not have the no authority to adddetermine any other issues not so submitted to him, to modify, detract from, nor shall he submit observations or alter declarations of opinions which are not essential in any way, reaching the provisions of this Agreement or any amendments of supplement theretodetermination. d. (h) The costs for of the services of the arbitrator shall be borne equally between by the BOROUGH Employer and the UNIONUnion. Any other expenses incurred, including, but not limited to incurred in connection with the presentation of witnesses, arbitration shall be paid by the party incurring the same. e. (i) The arbitrator’s cost of the transcript, if any, will be borne by the party requesting it. If both parties request a transcript, the cost will be shared equally. (j) 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 shall be binding and he shall set forth his findings of facts and reasons for making the award within thirty (30) days after conclusion the close of the arbitration. hearing hearing. (k) Grievance resolutions or decisions at Steps 1 through 4 shall not constitute a precedent in any arbitration or other proceedings unless agreed a specific agreement to otherwise that effect is made by the authorized representatives of both parties. f. No reply at any step . This is not to be construed as limiting the right of either party to introduce relevant evidence, including such grievance resolution, as to the prior conduct of the grievance Procedure shall be deemed a denialother party.

Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving the grievances between the parties covered by this Agreement, and shall be followed in its entirety unless any step is waives by mutual consentStep One: a. (a) An aggrieved employee shall institute an action under the provisions hereof by submitting his grievance in writing within seven ten (710) working days after the occurrence upon a form provided by the Union and to the Shop Xxxxxxx, who in turn shall forthwith file one (1) copy with the Borough's Municipal Clerk and one (1) copy with the immediate Supervisor of the occurrence of the grievanceaggrieved employee. Having completed this, and an xxxxxxx effort shall be made to settle the differences between the aggrieved employee and his immediate supervisor Supervisor for the purpose of resolving the matter informally. Failure to act within said seven (7) working days file this 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 this grievance. b. (b) The supervisor Supervisor shall render a written decision within three five (35) working days after receipt of the grievance.. Failure to render such written decision within the time provided shall be deemed a denial of the grievance. Step Two: a. (a) In the event the grievance a satisfactory settlement has not been resolved at Step Onereached with the Supervisor, then the employee may appeal his/her grievance to the Council Member in charge of the employee's department (or his/her representative) within three ten (310) working days following receipt by the determination employee of the immediate supervisor, written determination by the matter may Supervisor. Such appeal shall be submitted in writing signed by the aggrieved employee and delivered to the Borough AdministratorCouncil member in charge. b. (b) The Borough Administrator Council member in charge of the department, or his or her representative, shall review the matter and make render a determination written decision within five ten (510) working days from the his or her receipt of the Complaint. c. grievance. Failure to render such written decision within the time period shall be deemed a denial of the grievance. Step Three: In the event the grievance has not been resolved by Step Two ( b), the Director of the department shall review the matter and make a determination within five a. In the event that the grievance has not been resolved at Step Two, the UNION may employee may, within fifteen (15) working daysdays following receipt by him or her of the determination of the Council member in charge of the department, request submit the matter to the Public Employment Relations Commission for binding arbitration. The In the event that the employee shall elect to submit the grievance for binding arbitration, the following provisions shall apply: (a) An arbitrator shall be chosen in accordance with selected pursuant to the Rules rules of the American Arbitration Association, or the New Jersey Board of MediationPublic Employment Relations Commission. b. In the event the aggrieved elects to pursue Court action, the arbitration hearing shall be canceled and the matter withdrawn from arbitration. The UNION shall pay whatever costs may have been incurred in processing the case to arbitration. c. (b) The arbitrator shall be bound by the parameters of the following grievance definition: Grievance - Any controversy arising from the interpretation, application or violation of policies, agreements, and administrative decisions which affect the terms and conditions of employment of an employee. The term “grievance” shall not include disciplinary matters where the penalty imposed on the employee is greater than five (5) days and appealable to the New Jersey Department of Personnel. All disciplinary matters where the penalty imposed on the employee is greater than five (5) days will be handled under the present provisions of this Agreement the New Jersey Department of Personnel and restricted to will not be processed under the application grievance procedure herein. (c) The decision of the facts presented to him involved in the grievance. The arbitrator shall not have be final and binding upon the authority to add, to modify, detract from, or alter in any way, the provisions of this Agreement or any amendments of supplement theretoparties. d. (d) The costs for of the services of the arbitrator shall be borne equally between by the BOROUGH Borough and the UNIONUnion. Any other expenses incurred, including, but not limited to the presentation of witnesses, shall be paid by the party incurring the same. e. The arbitrator’s decision shall be binding and he arbitrator shall set forth his the findings of facts fact and reasons for making the award within thirty (30) days after the conclusion of the arbitration. hearing arbitration hearing, unless otherwise agreed to otherwise by the parties. f. No reply at . Notwithstanding any step procedures for the resolution of disputes, controversies or grievances established by any other statute, the grievance Procedure procedure herein established by this agreement between the Borough and the Union shall be deemed a denialutilized for any dispute covered by the terms of this agreement or affecting the employees covered hereunder, except for disciplinary matters.

Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving the grievances a grievance between the parties covered by this Agreement, and shall be followed in its entirety unless any step is waives by mutual consent: a. An aggrieved employee a.) The grievant shall institute action under the provisions hereof signed and delivered to his/her Assistant Administrative Supervisor and Immediate Supervisor within seven ten (710) working days of the occurrence complained of or within ten (10) working days after he/she would reasonably be expected to know of its occurrence. The grievant’s signed request for a hearing shall contain a statement of the grievance, and an xxxxxxx effort shall be made to settle the differences between the aggrieved employee and his immediate supervisor for the purpose of resolving the matter informallyissue or issues being grieved. Failure to act within said seven ten (710) working days shall be deemed to constitute an abandonment of the grievance.. The grievant may be represented by an employee who is a member of the W.S.O. b. b.) The supervisor Assistant Administrative Supervisor, in conjunction with the Immediate Supervisor shall schedule a hearing and render a written decision within three ten (310) working days after receipt of the grievance. a. a.) In the event the grievance satisfactory settlement has not been resolved at Step One, then within three (3) working days following the determination of the immediate supervisorreached, the matter may be submitted to grievant shall, in writing and signed, file his/her complaint with the Borough Administrator. b. The Borough Administrator shall review the matter and make a determination Department Head within five (5) working days from following the determination at Step 1. The grievant may be represented by an employee who is a member of the W.S.O. b.) The Department Head shall hold a hearing and render a written decision within ten (10) working days after receipt of the complaint. a.) In the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his/her complaint with the Director of Welfare within five (5) working days following the determination at Step 2. The grievant may be represented by an employee who is a member of the W.S.O. b.) The Director of Welfare or his designee, shall hold a hearing and render a written decision within ten (10) working after the receipt of the Complaintcomplaint. c. a.) Should the grievant disagree with the decision of the Director, or his designee, the aggrieved may, within five (5) working days, submit to the Board a statement in writing and signed as to the issues in dispute. In the event the grievance has not been resolved by Step Two ( b)grievant files his/her statement with the Board at least ten (10) working days prior to a Board meeting, the Director of matter shall be placed on the department agenda for that Board meeting. Statements filed less than ten (10) working days before a Board meeting may be heard by the Board at the meeting, or at the Board’s discretion, placed on the agenda for the following meeting. The Board shall review the decision of the Director together with the disputed areas submitted by the grievant. The grievant and/or the W.S.O. representative may request an appearance before the Board. The Board will render its written decision within eight (8) working days after the Board meeting at which the matter and make has been reviewed. If the Board’s decision involves a determination non-contractual grievance, the decision of the Board shall be final. b.) The grievant may be represented by the W.S.O. A minority organization shall not present or process a grievance. a.) Any resolved contract grievance (as defined in B.1, Definitions above) except matters involving appointment, promotion or assignment, or matters within fivethe exclusive province of Civil Service Commission, may be appealed to arbitration only by the W.S.O. The W.S.O. must file the request for arbitration within thirty (30) calendar days after the receipt of the Board’s decision. a. In b.) Nothing in this Agreement shall be construed as compelling the event W.S.O. to submit a grievance to arbitration or to represent an employee before the Civil Service Commission. The W.S.O.’s decision to request the movement of a grievance to arbitration or to terminate the grievance has not been resolved at Step Twoprior to submission to arbitration shall be final as to the interests of the grievant and the W.S.O. c.) Where the grievance involves an alleged violation of individual rights specified in the Civil Service Commission Law and rules for which a specific appeal to the Civil Service Commission is available, the UNION individual may present his complaint to the Civil Service Commission directly. The grievant may pursue the Civil Service Commission procedure or the grievance procedure as herein provided. Once the grievant makes the selection of procedure, such election shall be deemed final and binding and constitute an absolute waiver of the procedure not selected. The election will be made in writing at the appropriate time on the grievance form. d.) The arbitrator shall be selected by agreement between the parties within fifteen thirty (1530) working days, request arbitrationdays following the execution of this agreement. The arbitrator shall be chosen selected from a list of arbitrators who are the members of the Institute of Management and Labor Relations of Rutgers University and shall be designated as permanent and shall serve during the life of the agreement; or e.) If the parties do not desire a permanent arbitrator, they may have the option of selecting an arbitrator on a case-by-case basis as follows: 1.) by selection from the list of arbitrators who are members of the Institute of Management and Labor Relations of Rutgers University, in accordance with the Rules selection procedures of the Institute; or 2.) by selection from the panel of arbitrators maintained by the Public Employment Relations Commission, in accordance with the selection procedures of the Public Employment Relations Commission; or 3.) by selection from the panel of arbitrators maintained by the American Arbitration Association, in accordance with the selection procedures of the American Arbitration Association, or the New Jersey Board of Mediation. b. In f.) The parties shall meet at least ten (10) working days prior to the event the aggrieved elects to pursue Court action, date of the arbitration hearing issues to be submitted to the arbitrator and to stipulate the facts of the matter in an effort to expedite the hearing. g.) The decision or award of the arbitrator shall be canceled final and binding on the Board, the W.S.O., and the matter withdrawn from arbitration. The UNION shall pay whatever costs may have been incurred grievant or grievants to the extent permitted by and in processing the case to arbitrationaccordance with applicable law and this agreement. c. h.) 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 be bound by have no authority to prescribe a monetary award as a penalty for a violation of this Agreement. i.) The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement and restricted shall confine his/her decision solely to the interpretation and application of this Agreement. He shall confine himself to the facts presented to him involved in the grievance. The arbitrator precise issue submitted for arbitration and shall not have the no authority to adddetermine any other issues not so submitted to him/her, to modify, detract from, nor shall he submit observation or alter declaration of opinions which are not essential in any way, reaching the provisions of this Agreement or any amendments of supplement theretodetermination. d. j.) The costs for of the services of the arbitrator shall be borne equally between by the BOROUGH Board and the UNION. W.S.O. Any other expenses incurred, including, but not limited to incurred in connection with the presentation of witnesses, arbitration shall be paid by the party incurring the same. e. k.) The arbitrator’s costs of the transcript, if any, will be borne by the party requesting it. If both parties request a transcript, the cost will be shared equally. l.) The arbitrator shall hold a hearing at a time and place convenient to the parties as expeditiously as possible after his/her selection and shall issue his/her decision shall be binding and he shall set forth his findings of facts and reasons for making the award within thirty (30) days after conclusion the close of the arbitration. hearing hearing. m.) Grievance resolutions or decisions at Steps 1 through 4 shall not constitute a precedent in any arbitration or other proceeding unless agreed a specific agreement to otherwise that effect is made by the authorized representatives of both parties. f. No reply at any step . 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 grievance Procedure shall be deemed a denialother party.

Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving the grievances between the parties covered by this Agreement, and shall be followed in its entirety unless any step is waives by mutual consent: a. An aggrieved employee shall institute action under the provisions hereof within seven (7) working days of the occurrence of the grievance, and an xxxxxxx effort shall be made to settle the differences between the aggrieved employee and his immediate supervisor for the purpose of resolving the matter informally. Failure to act within said seven (7) working days shall be deemed to constitute an abandonment of the grievance. b. The supervisor shall render a decision within three (3) working days after receipt of the grievance. a. In the event the grievance has not been resolved at Step One, then within three (3) working days following the determination of the immediate supervisor, the matter may be submitted to the Borough Administrator. b. The Borough Administrator shall review the matter and make a determination within five (5) working days from the receipt of the Complaint. c. In the event the grievance has not been resolved by Step Two ( b), the Director of the department shall review the matter and make a determination within five a. In the event the grievance has not been resolved at Step Two, the UNION may within fifteen (15) working days, request arbitration. The arbitrator shall be chosen in accordance with the Rules of the American Arbitration Association, or the New Jersey Board of Mediation. b. In the event the aggrieved elects to pursue Court action, the arbitration hearing shall be canceled and the matter withdrawn from arbitration. The UNION shall pay whatever costs may have been incurred in processing the case to arbitration. c. 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 amendments of supplement thereto. d. The costs for the services of the arbitrator shall be borne equally between the BOROUGH and the UNION. Any other expenses incurred, including, but not limited to the presentation of witnesses, shall be paid by the party incurring the same. e. The arbitrator’s decision shall be binding and he shall set forth his findings of facts and reasons for making the award within thirty (30) days after conclusion of the arbitration. hearing unless agreed to otherwise by the parties. f. No reply at any step of the grievance Procedure shall be deemed a denial.a

Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving the grievances between the parties covered by this Agreement, and shall be followed in its entirety unless any step is waives by mutual consent: a. An aggrieved employee 1. The grievant shall institute action under the provisions hereof in writing, signed and delivered to his/her immediate Supervisor within seven ten (710) working days of the occurrence complained of. The grievant shall state the sections of the grievance, contract violated (if filed under B.1) and an xxxxxxx effort shall be made to settle the differences between the aggrieved employee and his immediate supervisor for the purpose of resolving the matter informallyremedy sought. Failure to act within said seven (7) working 10 days shall be deemed to constitute an abandonment of the grievance. b. 2. The supervisor shall render a decision in writing within three ten (310) working days after receipt of the grievance. a. 3. Grievances which challenge a decision made above the level of department supervisor shall be brought at the level that the decision was made. A. In the event the grievance satisfactory settlement has not been resolved at Step Onereached, then the grievant shall, in writing and signed, file his/her complaint with the Business Administrator within three ten (310) working days following the determination at Step 1. The grievant may be represented by an employee who is the Shop Xxxxxxx or Local Union Representative. Failure to act within said 10 days shall be deemed to constitute an abandonment of the immediate supervisorgrievance. B. The Business Administrator, or his/her designee, shall render his/her decision in writing within ten (10) working days after the receipt of the complaint. A. Should the grievant disagree with the decision of the Business Administrator, or his/her designee, the matter may be submitted aggrieved employee may, within ten (10) working days, submit to the Borough AdministratorSuperintendent, a statement in writing and signed as to the issues in dispute. Failure to act within said 10 days shall be deemed to constitute an abandonment of the grievance. b. B. The Borough Administrator Superintendent may consider the appeal on the written record, or he/she may request to hold a hearing within six (6) working days of receipt of the grievance appeal. If the Superintendent elects to conduct a hearing, it shall review the matter and make a determination be held within five ten (510) working days from the receipt of the Complaint. c. In the event the grievance has not been resolved by Step Two ( b), the Director of the department appeal. The Superintendent shall review the matter and make a determination within five a. In ten (10) working days from the event receipt of the grievance has appeal or the date of the hearing, whichever is later, and shall in writing notify all interested parties of his/her decision. C. The grievant may be represented by the Local Union Representative or the International Union Representative, or both. A minority organization shall not been resolved at Step Twopresent or process grievances. A. Any unresolved contractual grievance (as defined in B.1, Definitions above), may be appealed to arbitration only by the UNION may Union. The Union must file the request for arbitration within fifteen thirty (1530) working days, request calendar days after receipt of the Superintendent’s decision. Failure to act within said 30 days shall be deemed to constitute an abandonment of the grievance B. Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration. 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. C. The arbitrator shall be chosen in accordance with selected from a list by agreement between the Rules parties by selection from the panel of arbitrators maintained by the American Arbitration Association, or the New Jersey Board of MediationPublic Employment Relations Commission. b. In the event the aggrieved elects to pursue Court action, the arbitration hearing shall be canceled and the matter withdrawn from arbitration. D. The UNION shall pay whatever costs may have been incurred in processing the case to arbitration. c. 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, decision or alter in any way, the provisions of this Agreement or any amendments of supplement thereto. d. The costs for the services award of the arbitrator shall be borne equally between final and binding on the BOROUGH Employer, the Union and the UNION. Any other expenses incurred, including, but not limited grievant or grievants to the presentation of witnesses, shall be paid extent permitted by the party incurring the sameand in accordance with applicable law and this Agreement. e. The arbitrator’s decision shall be binding and he shall set forth his findings of facts and reasons for making the award within thirty (30) days after conclusion of the arbitration. hearing unless agreed to otherwise by the parties. f. No reply at any step of the grievance Procedure shall be deemed a denial.

Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving the grievances between the parties covered by this Agreement, and shall be followed in its entirety unless any step is waives waived by mutual consent:: Step One a. An aggrieved employee, or the Union on behalf of an aggrieved employee or employees of the Borough, shall institute action under the provisions hereof within seven ten (710) working days of the occurrence of the grievance, or within ten (10) working days of when the aggrieved employee or the Union should reasonably have known of the grievance, and an xxxxxxx effort shall be made to settle the differences between the aggrieved employee and his his/her immediate supervisor supervisor, for the purpose of resolving the matter informally. Failure to act within said seven ten (710) working days shall be deemed to constitute an abandonment of the grievance. b. The immediate supervisor shall render a decision within three as soon as possible but not later than ten (310) working days after receipt of the grievance. Step Two a. In the event a satisfactory settlement has not been reached, the employee or the Union shall, in writing and signed, file his/her grievance with the Borough Administrator within three (3) working days following the determination at Step One. a. b. The Borough Administrator shall render a decision in writing as soon as possible but not later than five (5) working days from the receipt of the grievance. Step Three In the event the grievance has not been resolved at Step OneTwo then, then within three five (35) working days following the determination of the immediate supervisordetermination, the matter may be submitted referred to the Borough Administrator. b. The Borough Administrator Council as a whole, who shall review the matter and make a determination within five as soon as possible but not later than fifteen (515) working days from the receipt of the Complaintgrievance. c. In the event the grievance has not been resolved by Step Two ( b), the Director of the department shall review the matter and make a determination within five a. In the event the grievance has not been resolved at Step Two, the UNION may within fifteen (15) working days, request arbitration. The arbitrator shall be chosen in accordance with the Rules of the American Arbitration Association, or the New Jersey Board of Mediation. b. In the event the aggrieved elects to pursue Court action, the arbitration hearing shall be canceled and the matter withdrawn from arbitration. The UNION shall pay whatever costs may have been incurred in processing the case to arbitration. c. 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 amendments of supplement thereto. d. The costs for the services of the arbitrator shall be borne equally between the BOROUGH and the UNION. Any other expenses incurred, including, but not limited to the presentation of witnesses, shall be paid by the party incurring the same. e. The arbitrator’s decision shall be binding and he shall set forth his findings of facts and reasons for making the award within thirty (30) days after conclusion of the arbitration. hearing unless agreed to otherwise by the parties. f. No reply at any step of the grievance Procedure shall be deemed a denial.