Common use of Steps Clause in Contracts

Steps. STEP 1: The designated Union Representative(s), with or without the employee, shall attempt to resolve the matter with the employee's immediate supervisor within twenty-one (21) calendar days after the employee, through the use of reasonable diligence, should have had knowledge of the first occurrence of the event giving rise to the grievance. The supervisor shall then attempt to resolve the matter and shall respond to the Union Representative within seven (7) calendar days. STEP 2: If the grievance has not been resolved to the satisfaction of the Local Union within seven (7) calendar days after the immediate supervisor's response is due, it may be presented in writing by the designated Union Representative to the next level of supervision which has been designated by the Appointing Authority to process grievances. The written grievances shall state the nature of the grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violated, and the relief requested. The designated Appointing Authority Representative shall arrange a meeting with the Union Representative(s) to discuss the grievance within seven (7) calendar days. A written response shall be forwarded to the Union Representative within seven (7) calendar days of the meeting. STEP 3: If the grievance still remains unresolved, it may be presented to the Appointing Authority or designated representative by the designated Union Representative within seven (7) calendar days after the Step 2 response is due. The Appointing Authority or designee shall arrange a meeting with the designated Union Representative(s) within seven (7) calendar days. The Appointing Authority or designee shall respond to the Union Representative and the Union staff representative in writing within seven (7) calendar days. STEP 4: If the grievance remains unresolved after the response of the Appointing Authority is due, the Union shall have sixty (60) calendar days in which to submit a letter to the State Negotiator and the Appointing Authority stating its desire to proceed to arbitration. Within five (5) calendar days after the Union has notified the State Negotiator that it desires to proceed with the arbitration of the grievance the parties shall determine the arbitrator to hear the arbitration by the method provided for in Section 3 of this Article. Except as provided in the procedures for Section 4, expenses for the arbitrator's services and the proceedings shall be borne by the losing party, however, each party shall be responsible for compensating its own representatives and witnesses. If either party cancels an arbitration hearing or asks for a last minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. The decision of the arbitrator shall be final and binding upon the parties. Except as provided in the procedures for Section 4, the arbitrator shall be requested to issue his/her decision within thirty (30) calendar days after the conclusion of testimony and argument. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing it pays for the record and makes a copy available without charge to the other party and the arbitrator.

Appears in 12 contracts

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

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Steps. STEP Step 1: The designated Union Representative(s)representative, with or without the employee, shall attempt to resolve the matter by requesting a Step 1 grievance meeting, in writing, with the employee's immediate supervisor within twenty-one (21) calendar days after the employee, through the use of reasonable diligence, should have had knowledge of the first occurrence of the event giving rise to the grievanceCourt Administrator or designee. The supervisor Court Administrator or designee shall then attempt schedule a meeting to resolve discuss the matter and shall respond to grievance with the designated Union Representative representative within seven (7) calendar daysdays of the request and shall respond, in writing, to the Union within seven (7) calendar days of the meeting. STEP Step 2: If the grievance has not been resolved to the satisfaction of the Local Union within seven thirty-five (735) calendar days after the immediate supervisor's response is dueemployee, through the use of reasonable diligence, should have knowledge of the first occurrence of the event giving rise to the grievance, it may be presented in writing by the designated Union Representative to the next level of supervision which Judicial District Administrator or designee who has been designated authorized by the Appointing Authority Employer to process grievances. The written grievances grievance shall state the nature of the grievance, the facts upon which it is based, the provision(scondition(s) of employment allegedly violated, the Articles of the Agreement allegedly violated, and the relief requested. The designated Appointing Authority Representative Employer/designee shall arrange a meeting with the Union Representative(s) Representative to discuss the grievance within seven fourteen (714) calendar days. A written response shall be forwarded to the Union Representative within seven fourteen (714) calendar days of the Step 2 meeting. STEP Step 3: If the grievance still remains unresolved, it may be presented to the Appointing Authority or designated representative has not been resolved by the designated operation of Step 2 and the Union Representative intends to continue the grievance, the Union shall, within seven fourteen (714) calendar days after receipt of the Step 2 response is dueDistrict Administrator’s response, appeal the matter to the Employer’s Labor Relations Manager. The Appointing Authority or designee appeal must be in writing. The Labor Relations Manager and the Union’s Business Agent shall arrange a meeting with the designated Union Representative(s) meet within seven twenty-one (721) calendar daysdays of the date the Union filed its Step 3 notice in an attempt to resolve the grievance. The Appointing Authority meeting shall be held within the judicial district in which the grievance arose either in person or designee via electronic means, unless an alternate site is mutually agreed to. The Labor Relations Manager shall respond to the Union Representative and the Union staff representative Union, in writing writing, within seven fourteen (714) calendar daysdays of the Step 3 meeting. STEP Step 4: If the grievance remains unresolved after the response operation of the Appointing Authority is dueStep 3, the Union shall have sixty (60) calendar days from the date the Labor Relations Manager’s response is due in which to submit a letter to the State Negotiator and the Appointing Authority Labor Relations Manager stating its desire to proceed to arbitrationarbitration along with a request for a panel of seven (7) arbitrators from the Bureau of Mediation Services, unless a mutually agreeable arbitrator can be selected. Within five thirty (530) calendar days after the Union has notified the State Negotiator that it desires to proceed with the arbitration receipt of the grievance panel, the parties shall determine the arbitrator to hear the arbitration by the method provided for in Section 3 of this Articlearticle. Except as provided in the procedures for Section 4, expenses Expenses for the arbitrator's Arbitrator’s services and the proceedings shall be borne born equally by the losing party, parties; however, each party shall be responsible for compensating its own representatives and witnesses. If either party cancels an arbitration hearing or asks for a last last-minute postponement that leads to the arbitrator's ’s making a charge, the canceling party or the party asking for the postponement shall pay this charge. The decision of the arbitrator shall be final and binding upon the parties. Except as provided in the procedures for Section 4, the arbitrator shall be requested to issue his/her their decision within thirty (30) calendar days after the conclusion of the testimony and argument, including the filing of closing briefs, if requested by either party. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing provided it pays for the record and makes a copy available without charge to the arbitrator and, at the copy cost rate to the other party and if a copy is requested. At any step in the arbitratorgrievance procedure, upon mutual agreement, the parties may choose to meet via electronic means. Once an agreement has been reached to hold that meeting electronically, there must be mutual agreement to change that meeting back to an in-person setting.

Appears in 9 contracts

Samples: Labor Agreement, Collective Bargaining Agreement, Labor Agreement

Steps. STEP 1: The designated Union Representative(s), with or without the employee, shall attempt to resolve the matter with the employee's immediate supervisor within twenty-one (21) calendar days after the employee, through the use of reasonable diligence, should have had knowledge of the first occurrence of the event giving rise to the grievance. The supervisor shall then attempt to resolve the matter and shall respond to the Union Representative within seven (7) calendar days. STEP 2: If the grievance has not been resolved to the satisfaction of the Local Union within seven (7) calendar days after the immediate supervisor's response is due, it may be presented in writing by the designated Union Representative to the next level of supervision which has been designated by the Appointing Authority to process grievances. The written grievances shall state the nature of the grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violated, and the relief requested. The designated Appointing Authority Representative shall arrange a meeting with the Union Representative(s) to discuss the grievance within seven (7) calendar days. A written response shall be forwarded to the Union Representative within seven (7) calendar days of the meeting. STEP 3: If the grievance still remains unresolved, it may be presented to the Appointing Authority or designated representative by the designated Union Representative within seven (7) calendar days after the Step 2 response is due. The Appointing Authority or designee shall arrange a meeting with the designated Union Representative(s) within seven (7) calendar days. The Appointing Authority or designee shall respond to the Union Representative and the Union staff representative in writing within seven (7) calendar days. STEP 4: If the grievance remains unresolved after the response of the Appointing Authority is due, the Union shall have sixty (60) calendar days in which to submit a letter to the State Negotiator and the Appointing Authority stating its desire to proceed to arbitration. Within five (5) calendar days after the Union has notified the State Negotiator that it desires to proceed with the arbitration of the grievance the parties shall determine the arbitrator to hear the arbitration by the method provided for in Section 3 of this Article. Except as provided in the procedures for Section 4, expenses for the arbitrator's services and the proceedings shall be borne by the losing party, however, each party shall be responsible for compensating its own representatives and witnesses. If either party cancels an arbitration hearing or asks for a last minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. The decision of the arbitrator shall be final and binding upon the parties. Except as provided in the procedures for Section 4, the arbitrator shall be requested to issue his/her their decision within thirty (30) calendar days after the conclusion of testimony and argument. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing it pays for the record and makes a copy available without charge to the other party and the arbitrator.thirty

Appears in 9 contracts

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

Steps. STEP 1: The designated Union Representative(s), with or without the employee, shall attempt to resolve the matter with the employee's immediate supervisor within twenty-one (21) calendar days after the employee, through the use of reasonable diligence, should have had knowledge of the first occurrence of the event giving rise to the grievance. The supervisor shall then attempt to resolve the matter and shall respond to the Union Representative within seven (7) calendar days. STEP 2: If the grievance has not been resolved to the satisfaction of the Local Union within seven (7) calendar days after the immediate supervisor's response is due, it may be presented in writing by the designated Union Representative to the next level of supervision which has been designated by the Appointing Authority to process grievances. The written grievances shall state the nature of the grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violated, and the relief requested. The designated Appointing Authority Representative shall arrange a meeting with the Union Representative(s) to discuss the grievance within seven (7) calendar days. A written response shall be forwarded to the Union Representative within seven (7) calendar days of the meeting. STEP 3: If the grievance still remains unresolved, it may be presented to the Appointing Authority or designated representative by the designated Union Representative within seven (7) calendar days after the Step 2 response is due. The Appointing Authority or designee shall arrange a meeting with the designated Union Representative(s) within seven (7) calendar days. The Appointing Authority or designee shall respond to the Union Representative and the Union staff representative in writing within seven (7) calendar days. STEP 4: If the grievance remains unresolved after the response of the Appointing Authority is due, the Union shall have sixty (60) calendar days in which to submit a letter to the State Negotiator and the Appointing Authority stating its desire to proceed to arbitration. Within five (5) calendar days after the Union has notified the State Negotiator that it desires to proceed with the arbitration of the grievance the parties shall determine the arbitrator to hear the arbitration by the method provided for in Section 3 of this Article. Except as provided in the procedures for Section 4, expenses for the arbitrator's services and the proceedings shall be borne by the losing party, however, each party shall be responsible for compensating its own representatives and witnesses. If either party cancels an arbitration hearing or asks for a last minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. The decision of the arbitrator shall be final and binding upon the parties. Except as provided in the procedures for Section 4, the arbitrator shall be requested to issue his/her their decision within thirty (30) calendar days after the conclusion of testimony and argument. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing it pays for the record and makes a copy available without charge to the other party and the arbitrator.

Appears in 8 contracts

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

Steps. STEP Step 1: The designated Union Representative(s)aggrieved employee must submit a written grievance on the prescribed form to his/her immediate supervisor within ten (10) working days after the occurrence or notification of the occurrence of the matter from which the grievance arose. Within ten (10) working days of receipt of the grievance, with or without the employee's immediate supervisor, along with the immediate supervisor outside the bargaining unit, shall attempt meet the grievant and/or the PBA representative, if applicable, to resolve discuss and seek a solution to the matter with grievance. Within three (3) working days after the meeting, the employee's immediate supervisor shall make a recommendation to the immediate supervisor outside the bargaining unit. The immediate supervisor outside the bargaining unit shall within twenty-one three (213) calendar working days of receipt of the supervisor's recommendation issue the official response in writing to the grievant and the PBA representative. Step 2: If the grievance is not resolved at Step 1, the aggrieved employee or the PBA representative may submit a written appeal to the Police Chief within ten (10) working days after the employee, through the use of reasonable diligence, should have had knowledge receipt of the first occurrence answer at Step 1. Within ten (10) working days after receipt of the event giving rise written appeal, the Police Chief or his/her designee will meet with the aggrieved employee and/or the PBA representative to discuss and seek a solution to the grievance. The supervisor Police Chief shall then attempt to resolve the matter and shall respond give his/her written decision to the Union Representative within seven (7) calendar days. STEP 2: If the grievance has not been resolved to the satisfaction of the Local Union within seven (7) calendar days after the immediate supervisor's response is due, it may be presented in writing by the designated Union Representative to the next level of supervision which has been designated by the Appointing Authority to process grievances. The written grievances shall state the nature of the grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violated, grievant and the relief requested. The designated Appointing Authority Representative shall arrange a meeting with the Union Representative(sPBA representative within ten (10) to discuss the grievance within seven (7) calendar days. A written response shall be forwarded to the Union Representative within seven (7) calendar working days of the meeting. STEP Step 3: If the grievance still remains unresolvedis not resolved at Step 2, it the aggrieved employee or the PBA representative may be presented submit a written appeal to the Appointing Authority or designated representative by the designated Union Representative Labor Relations Officer within seven ten (710) calendar working days after the Step 2 response is duePolice Chief's or his/ her designee's written answer. The Appointing Authority Labor Relations Officer or designee shall arrange a meeting with the designated Union Representative(s) within seven (7) calendar days. The Appointing Authority or designee shall respond to the Union Representative and the Union staff representative in writing within seven (7) calendar days. STEP 4: If the grievance remains unresolved after the response of the Appointing Authority is due, the Union shall have sixty (60) calendar days in which to submit a letter to the State Negotiator and the Appointing Authority stating its desire to proceed to arbitration. Within five (5) calendar days after the Union has notified the State Negotiator that it desires to proceed with the arbitration of the grievance the parties shall determine the arbitrator to hear the arbitration by the method provided for in Section 3 of this Article. Except as provided in the procedures for Section 4, expenses for the arbitrator's services and the proceedings shall be borne by the losing party, however, each party shall be responsible for compensating its own representatives and witnesses. If either party cancels an arbitration hearing or asks for a last minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. The decision of the arbitrator shall be final and binding upon the parties. Except as provided in the procedures for Section 4, the arbitrator shall be requested to issue his/her decision designee, if deemed appropriate, shall meet with the aggrieved employee, departmental management and PBA representatives within thirty (30) calendar days after the conclusion of testimony and argument. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing it pays for the record and makes a copy available without charge to the other party and the arbitrator.ten

Appears in 4 contracts

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

Steps. STEP Step 1: The designated Union Representative(s), with or without At the employee’s or MEA’s sole option, shall attempt grievances may be presented to resolve the matter supervisor either orally or in writing. If the complaint is presented orally, the procedure is informal and may be settled by an oral answer given within five working days to the employee and MEA representative. If the grievance is presented in writing, the procedure is formal, a meeting with the employee's immediate supervisor grievant and MEA shall be held, and the answer must be given in writing within twenty-one (21) calendar five working days after the employee, through meeting at which the use of reasonable diligence, should have had knowledge of supervisor was given the first occurrence of the event giving rise to the written grievance. The supervisor shall then attempt to resolve the matter and shall respond to the Union Representative within seven (7) calendar days. STEP Step 2: If the grievance has cannot been be resolved at Step 1, the employee or MEA may present the complaint in writing to the satisfaction second level supervisor (if not done at Step 1) within five working days of the Local Union receipt of the Step 1 response. Within five working days of receipt of the grievance by the second-level supervisor, a hearing shall be held. The Management representative shall give a written decision to the employee and the MEA representative within seven (7) calendar ten working days after the immediate supervisor's response hearing. Step 3: If the problem is duenot resolved at Step 2, it the employee or employee organization may be presented in writing by submit the designated Union Representative grievance to the next level Division Head within five working days of supervision which has been designated by the Appointing Authority to process grievancesreceipt of Management’s written decision. The written grievances shall state Within ten working days of the nature receipt of the grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violated, a hearing shall be held and the relief requested. The designated Appointing Authority Representative Division Head shall arrange give a meeting with the Union Representative(s) to discuss the grievance within seven (7) calendar days. A written response shall be forwarded decision to the Union Representative employee and MEA representative within seven (7) calendar days of the meeting. STEP 3: If the grievance still remains unresolved, it may be presented to the Appointing Authority or designated representative by the designated Union Representative within seven (7) calendar ten working days after the Step 2 response hearing. In smaller departments, this step is due. The Appointing Authority or designee shall arrange a meeting with the designated Union Representative(s) within seven (7) calendar days. The Appointing Authority or designee shall respond to the Union Representative and the Union staff representative in writing within seven (7) calendar daysdeleted. STEP Step 4: If the grievance remains unresolved after is not resolved in Step 3, the response employee or MEA may present the grievance to the Department Head within five working days of the Appointing Authority is duereceipt of Management’s decision. Within ten working days of the receipt of the grievance, a hearing shall be held and the Union Department Head (or designee) shall have sixty (60) calendar days in which to submit give a letter written decision to the State Negotiator employee and the Appointing Authority stating its desire to proceed to arbitration. Within five (5) calendar MEA representative within ten working days after the Union has notified hearing. In non-Mayoral departments, this shall constitute the State Negotiator that it desires to proceed with the arbitration final resolution of the a grievance the parties shall determine the arbitrator to hear the arbitration by the method provided for in Section 3 of this Article. Except as provided in the procedures for Section 4, expenses for the arbitrator's services and the proceedings shall be borne by the losing party, however, each party shall be responsible for compensating its own representatives and witnesses. If either party cancels an arbitration hearing involving Management policy or asks for a last minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. The decision of the arbitrator shall be final and binding upon the parties. Except as provided in the procedures for Section 4, the arbitrator shall be requested to issue his/her decision within thirty (30) calendar days after the conclusion of testimony and argument. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing it pays for the record and makes a copy available without charge to the other party and the arbitratorregulations.

Appears in 3 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

Steps. STEP 1: The designated Union Representative(s), with or without the employee, shall attempt to resolve the matter with the employee's immediate supervisor within supervisorwithin twenty-one (21) calendar days after the employee, through the use of reasonable diligence, should have had knowledge of the first occurrence of the event giving rise to the grievance. The supervisor shall then attempt to resolve the matter and shall respond to the Union Representative within seven (7) calendar days. STEP 2: If the grievance has not been resolved to the satisfaction of the Local Union within seven (7) calendar days after the immediate supervisor's response is dueisdue, it may be presented in writing by the designated Union Representative to the next level of supervision which has been designated by the Appointing Authority to process grievances. The written grievances shall state the nature of the grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violated, and the relief requested. The designated Appointing Authority Representative shall arrange a meeting with the Union Representative(s) to discuss the grievance within seven (7) calendar days. A written response shall be forwarded to the Union Representative within seven (7) calendar days of the meeting.designated STEP 3: If the grievance still remains unresolved, it may be presented to the Appointing Authority or designated representative by the designated Union Representative within seven (7) calendar days after the Step 2 response is due. The Appointing Authority or designee shall arrange a meeting with the designated Union Representative(s) within seven (7) calendar days. The Appointing Authority or designee shall respond to the Union Representative and the Union staff representative in writing within seven (7) calendar days. STEP 4: If the grievance remains unresolved after the response of the Appointing Authority is due, the Union shall have sixty (60) calendar days in which to submit a letter to the State Negotiator and the Appointing Authority stating its desire to proceed to arbitration. Within five (5) calendar days after the Union has notified the State Negotiator that it desires to proceed with the arbitration of the grievance the parties shall determine the arbitrator to hear the arbitration by the bythe method provided for in Section 3 of this Article. Except as provided in the procedures for Section 4, expenses for the arbitrator's services and the proceedings shall be borne by the losing party, however, each party shall be responsible for compensating its own representatives and witnesses. If either party cancels an arbitration hearing or asks for a last minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. The decision of the arbitrator shall be final and binding upon the parties. Except as provided in the procedures for Section 4, the arbitrator shall be requested to issue his/her their decision within thirty (30) calendar days after the conclusion of testimony and argument. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing it pays for the record and makes a copy available without charge to the other party and the arbitrator.thirty

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Steps. STEP Step 1: The designated Union Representative(s)representative, with or without the employee, shall attempt to resolve the matter by requestinga Step 1 grievance meeting, in writing, with the employee's immediate supervisor within twenty-one (21) calendar days after the employee, through the use of reasonable diligence, should have had knowledge of the first occurrence of the event giving rise to the grievanceCourt Administrator or designee. The supervisor Court Administrator or designee shall then attempt schedule a meeting to resolve discuss the matter and shall respond to grievance with the designated Union Representative representative within seven (7) calendar daysdays of the request and shall respond, in writing, to the Union within seven (7) calendar days of the meeting. STEP Step 2: If the grievance has not been resolved to the satisfaction of the Local Union within seven thirty-five (735) calendar days after the immediate supervisor's response is dueemployee, through the use of reasonable diligence, should have knowledge of the first occurrence of the event giving rise to the grievance, it may be presented in writing by the designated Union Representative to the next level of supervision which Judicial District Administrator or designee who has been designated authorized by the Appointing Authority Employer to process grievances. The written grievances grievance shall state the nature of the grievance, the facts upon which it is based, the provision(scondition(s) of employment allegedly violated, the Articles of the Agreement allegedly violated, and the relief requested. The designated Appointing Authority Representative Employer/designee shall arrange a meeting with the Union Representative(s) Representative to discuss the grievance within seven fourteen (714) calendar days. A written response shall be forwarded to the Union Representative within seven fourteen (714) calendar days of the Step 2 meeting. STEP Step 3: If the grievance still remains unresolved, it may be presented to the Appointing Authority or designated representative has not been resolved by the designated operationof Step 2 and the Union Representative intends to continue the grievance, the Union shall, within seven fourteen (714) calendar days after receipt of the Step 2 response is dueDistrict Administrator’s response, appeal the matter to the Employer’s Labor Relations Manager. The Appointing Authority or designee appeal must be in writing. The Labor Relations Manager and the Union’s Business Agent shall arrange a meeting with the designated Union Representative(s) meet within seven twenty-one (721) calendar daysdays of the date the Union filed its Step 3 notice in an attempt to resolve the grievance. The Appointing Authority meeting shall be held within the judicial district in which the grievance arose either in person or designee via electronic means, unless an alternate site is mutually agreed to. The Labor Relations Manager shall respond to the Union Representative and the Union staff representative Union, in writing writing, within seven fourteen (714) calendar daysdays of the Step 3 meeting. STEP Step 4: If the grievance remains unresolved after the response operation of the Appointing Authority is dueStep 3, the Union shall have sixty (60) calendar days from the date the Labor Relations Manager’s response is due in which to submit a letter to the State Negotiator and the Appointing Authority Labor Relations Manager stating its desire to proceed to arbitrationarbitration along with a request for a panel of seven (7) arbitrators from the Bureau of Mediation Services, unless a mutually agreeable arbitrator can be selected. Within five thirty (530) calendar days after the Union has notified the State Negotiator that it desires to proceed with the arbitration receipt of the grievance panel, the parties shall determine the arbitrator to hear the arbitration by the method provided for in Section 3 of this Articlearticle. Except as provided in the procedures for Section 4, expenses Expenses for the arbitrator's Arbitrator’s services and the proceedings shall be borne born equally by the losing party, parties; however, each party shall be responsible for compensating its own representatives and witnesses. If either party cancels an arbitration hearing or asks for a last last-minute postponement that leads to the arbitrator's ’s making a charge, the canceling party or the party asking for the postponement shall pay this charge. The decision of the arbitrator shall be final and binding upon the parties. Except as provided in the procedures for Section 4, the arbitrator shall be requested to issue his/her their decision within thirty (30) calendar days after the conclusion of the testimony and argument, including the filing of closing briefs, if requested by either party. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing provided it pays for the record and makes a andmakesa copy available without charge to the arbitrator and, at the copy cost rate to the other party and if a copy is requested. At any step in the arbitratorgrievance procedure, upon mutual agreement, the parties may choose to meet via electronic means. Once an agreement has been reached to hold that meeting electronically, there must be mutual agreement to change that meeting back to an in-person setting.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

Steps. STEP Step 1: The designated Union Representative(s)representative, with or without the employee, shall attempt to resolve the matter by requesting a Step 1 grievance meeting, in writing, with the employee's immediate supervisor within twenty-one (21) calendar days after the employee, through the use of reasonable diligence, should have had knowledge of the first occurrence of the event giving rise to the grievanceCourt Administrator or designee. The supervisor Court Administrator or designee shall then attempt schedule a meeting to resolve discuss the matter and shall respond to grievance with the designated Union Representative representative within seven (7) calendar daysdays of the request and shall respond, in writing, to the Union within seven (7) calendar days of the meeting. STEP Step 2: If the grievance has not been resolved to the satisfaction of the Local Union within seven thirty-five (735) calendar days after the immediate supervisor's response is dueemployee, through the use of reasonable diligence, should have knowledge of the first occurrence of the event giving rise to the grievance, it may be presented in writing by the designated Union Representative to the next level of supervision which Judicial District Administrator or designee who has been designated authorized by the Appointing Authority Employer to process grievances. The written grievances grievance shall state the nature of the grievance, the facts upon which it is based, the provision(scondition(s) of employment allegedly violated, the Articles of the Agreement allegedly violated, and the relief requested. The designated Appointing Authority Representative Employer/designee shall arrange a meeting with the Union Representative(s) Representative to discuss the grievance within seven fourteen (714) calendar days. A written response shall be forwarded to the Union Representative within seven fourteen (714) calendar days of the Step 2 meeting. STEP Step 3: If the grievance still remains unresolved, it may be presented to the Appointing Authority or designated representative has not been resolved by the designated operation of Step 2 and the Union Representative intends to continue the grievance, the Union shall, within seven fourteen (714) calendar days after receipt of the Step 2 response is dueDistrict Administrator’s response, appeal the matter to the Employer’s Labor Relations Manager. The Appointing Authority or designee appeal must be in writing. The Labor Relations Manager and the Union’s Business Agent shall arrange a meeting with the designated Union Representative(s) meet within seven twenty-one (721) calendar daysdays of the date the Union filed its Step 3 notice in an attempt to resolve the grievance. The Appointing Authority meeting shall be held within the judicial district in which the grievance arose either in person or designee via electronic means, unless an alternate site is mutually agreed to. The Labor Relations Manager shall respond to the Union Representative and the Union staff representative Union, in writing writing, within seven fourteen (714) calendar daysdays of the Step 3 meeting. STEP Step 4: If the grievance remains unresolved after the response operation of the Appointing Authority is dueStep 3, the Union shall have sixty (60) calendar days from the date the Labor Relations Manager’s response is due in which to submit a letter to the State Negotiator and the Appointing Authority Labor Relations Manager stating its desire to proceed to arbitrationarbitration along with a request for a panel of seven (7) arbitrators from the Bureau of Mediation Services, unless a mutually agreeable arbitrator can be selected. Within five thirty (530) calendar days after the Union has notified the State Negotiator that it desires to proceed with the arbitration receipt of the grievance panel, the parties shall determine the arbitrator to hear the arbitration by the method provided for in Section 3 of this Articlearticle. Except as provided in the procedures for Section 4, expenses Expenses for the arbitrator's Arbitrator’s services and the proceedings shall be borne born equally by the losing party, parties; however, each party shall be responsible for compensating its own representatives and witnesses. If either party cancels an arbitration hearing or asks for a last last-minute postponement that leads to the arbitrator's ’s making a charge, the canceling party or the party asking for the postponement shall pay this charge. The decision of the arbitrator shall be final and binding upon the parties. Except as provided in the procedures for Section 4, the arbitrator shall be requested to issue his/her decision within thirty (30) calendar days after the conclusion of the testimony and argument, including the filing of closing briefs, if requested by either party. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing provided it pays for the record and makes a copy available without charge to the arbitrator and, at the copy cost rate to the other party and if a copy is requested. At any step in the arbitratorgrievance procedure, upon mutual agreement, the parties may choose to meet via electronic means. Once an agreement has been reached to hold that meeting electronically, there must be mutual agreement to change that meeting back to an in-person setting.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

Steps. STEP The steps to be taken in the Grievance Procedure shall be as follows: (1: The designated Union Representative(s)) In this the First Step, the written grievance shall be discussed between the Superintendent of Employee Relations or designate who may be accompanied by another Board designate, the grieving employee or employees concerned together with or without the employee, shall attempt to resolve the matter with the employee's immediate supervisor a Xxxxxxx within twenty-one fifteen (2115) calendar working days after the employee, through the use of reasonable diligence, should have had knowledge from receipt of the first occurrence of the event giving rise to the written grievance. The supervisor Superintendent of Employee Relations or designate shall then attempt to resolve the matter and shall respond reply in writing to the Union Representative within seven (7ten(10) calendar days. STEP 2: If the grievance has not been resolved to the satisfaction of the Local Union within seven (7) calendar days after the immediate supervisor's response is due, it may be presented in writing by the designated Union Representative to the next level of supervision which has been designated by the Appointing Authority to process grievances. The written grievances shall state the nature of the grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violated, and the relief requested. The designated Appointing Authority Representative shall arrange a meeting with the Union Representative(s) to discuss the grievance within seven (7) calendar days. A written response shall be forwarded to the Union Representative within seven (7) calendar days of the meeting. The Step 1 meeting will include the grievor(s), up to two (2) CUPE representatives and up to three (3) Board representatives. STEP (2) If a satisfactory settlement is not reached at Step 1, the Union may request within ten(10) days of the receipt of the reply of the Superintendent of Employee Relations or designate that the grievance be referred to the Director of Education for a meeting within ten (10) days of receipt of such request. (3: ) In this, the Second Step, the Director of Education shall meet with the grieving employee or employees accompanied by a Xxxxxxx and a CUPE Representative. The Director of Education shall advise the Union in writing of his/her decision within ten (10) days following the meeting. (4) If the reply of the Director of Education is not satisfactory and the Union wishes to proceed in the grievance still remains unresolvedprocedure, it may be presented to the Appointing Authority or designated representative by the designated Union Representative then within seven ten (710) calendar working days after the Step 2 response is due. The Appointing Authority or designee shall arrange a meeting with the designated Union Representative(s) within seven (7) calendar days. The Appointing Authority or designee shall respond to the Union Representative and the Union staff representative in writing within seven (7) calendar days. STEP 4: If the grievance remains unresolved after the response receipt of the Appointing Authority is dueDirector of Education’s decision, the Union shall have sixty (60) calendar days advise the Board through the Superintendent of Employee Relations or designate in which writing of its intention to submit a letter refer the case to Arbitration. The notice shall contain the name of the Union’s Nominee to the State Negotiator Arbitration Board. Alternatively, either party may invoke the provisions of Section 49 of the Ontario Labour Relations Act. Notwithstanding the above, where the reply of the Director of Education is not satisfactory and the Appointing Authority stating employment relationship is in jeopardy, the Union may request in writing that the matter be referred to the Committee of the Whole Board. The Board of Trustees shall meet with the grieving employee or employees accompanied by a Xxxxxxx and a CUPE Representative at its desire to proceed to arbitrationnext regular meeting or special meeting called for the purpose. Within The Superintendent of Employee Relations or designate shall advise the Union of the Board of Trustees’ decision in writing within five (5) calendar days after of the meeting. If a satisfactory settlement is not reached, the Union has notified the State Negotiator that it desires to proceed with may continue through the arbitration process as herein described in 5.05 (4). (5) Superintendent of Employee Relations or designate, shall within five (5) working days of the grievance receipt of the parties notice, advise the Union of the Board’s nominee. (6) The two appointees shall determine within five (5) working days of the arbitrator to hear appointment of the arbitration by the method provided for in Section 3 of this Article. Except as provided in the procedures for Section 4second, expenses for the arbitrator's services and the proceedings nominate a third party who shall be borne by the losing Chairperson. In the event of their failure to select a third party, however, each party the Minister of Labour for Ontario shall be responsible for compensating its own representatives and witnesses. If either party cancels an arbitration hearing or asks for select a last minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. third party. (7) The decision of the arbitrator majority shall be the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson shall govern. Such decision shall be final and binding upon the parties. Except as provided in Board and the procedures for Section 4Union, but shall not have the arbitrator effect of altering or annulling any part of this Agreement. (8) The Board and the Union shall be requested to issue his/her decision within thirty (30) calendar days after pay the conclusion costs of testimony their own appointees and argument. If either party desires a verbatim record shall share equally the cost of the arbitration proceedings, it may cause such a record to be made, providing it pays for the record and makes a copy available without charge to the other party and the arbitratorthird member.

Appears in 1 contract

Samples: Collective Agreement

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Steps. STEP 1: The designated Union Representative(s), with or without Step One – An employee shall within fifteen (15) working days of the employee, shall attempt to resolve discovery of the occurrence of the grievance orally discuss the matter with the employee's immediate supervisor within twentyDirector of District and Community Services with the objective of resolving the matter informally. The employee shall inform the Director of District and Community Services that the particular discussion is the step-one (21) calendar days after the employee, through the use of reasonable diligence, should have had knowledge discussion of the first occurrence of the event giving rise to the grievanceGrievance Procedure. The supervisor shall then attempt to resolve the matter and shall respond to the Union Representative within seven (7) calendar days. STEP 2: Step Two – If the aggrieved is not satisfied with the disposition from the oral discussion and wishes to further pursue the matter, s/he shall file the grievance has not been resolved to the satisfaction of the Local Union within seven (7) calendar days after the immediate supervisor's response is due, it may be presented in writing by the designated Union Representative to the next level of supervision which has been designated by the Appointing Authority to process grievances. The written grievances shall state the nature of the grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violated, and the relief requested. The designated Appointing Authority Representative shall arrange a meeting with the Union Representative(sDirector of District and Community Services within five (5) to discuss the grievance within seven (7) calendar days. A written response shall be forwarded to the Union Representative within seven (7) calendar working days of the meeting. STEP 3: If oral discussion of the grievance still remains unresolved, it may be presented to the Appointing Authority or designated representative by the designated Union Representative within seven (7) calendar days after the Step 2 response is due. The Appointing Authority or designee shall arrange a meeting with the designated Union Representative(s) within seven (7) calendar days. The Appointing Authority or designee shall respond to the Union Representative Director of District and the Union staff representative in writing within seven (7) calendar days. STEP 4: If the grievance remains unresolved after the response of the Appointing Authority is due, the Union shall have sixty (60) calendar days in which to submit a letter to the State Negotiator and the Appointing Authority stating its desire to proceed to arbitrationCommunity Services. Within five (5) calendar working days of the filing of the written grievance, the Director of District and Community Services or his representative will meet with the aggrieved employee, or the aggrieved employee and her/his Custodial Association Representative if the employee requests the Custodial Association Representative to be present, in an effort to resolve the grievance. The Director of Transportation will have five (5) work days from the date of this meeting to respond in writing as to her/his disposition. An Custodial Association grievance commencing at this step shall be filed within ten (10) work days of the alleged occurrence of such a grievance. Step Three – a. If the aggrieved is not satisfied with the disposition of the grievance at Step Two, she/he shall within five (5) working days thereafter transmit the grievance to the Superintendent or designee indicating a desire to pursue the grievance to Step Three. At this step, the grievance must be signed by the aggrieved and the Custodial Association. b. Within ten (10) working days of receipt of such grievance, the Superintendent or designee may meet with the aggrieved and the Custodial Association Representative(s) to discuss the issues. A written answer shall be given to the aggrieved and the Custodial Association representative within ten (10) working days after receipt of such grievance if the Administration elects not to hold a conference to discuss the grievance, or within five (5) work days after the Union has notified conference if a conference is held. Step Four – If the State Negotiator that it desires to proceed with the arbitration of the grievance the parties shall determine the arbitrator to hear the arbitration by the method provided for in Section 3 of this Article. Except as provided in the procedures for Section 4, expenses for the arbitrator's services and the proceedings shall be borne by the losing party, however, each party shall be responsible for compensating its own representatives and witnesses. If either party cancels an arbitration hearing or asks for a last minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. The decision of the arbitrator shall Superintendent or designee is not satisfactory to the Custodial Association, the grievance may be final and binding upon submitted for arbitration by written notice from the partiesCustodial Association within fifteen (15) workings days after receipt of the Superintendent or designee’s decision. Except as provided in If the procedures for Section 4grievance is submitted to Arbitration, the arbitrator shall be requested to issue his/her decision within thirty (30) calendar days after selected by the conclusion of testimony and argument. If either party desires a verbatim record of American Arbitration Custodial Association in accord with its rules which shall likewise govern the arbitration proceedingshearing. The Arbitrator shall have no power to alter, it may cause such a record add or to subtract from the terms of this Agreement. Both parties agree to be made, providing it pays for bound by the record and makes a copy available without charge to the other party and award of the arbitrator.

Appears in 1 contract

Samples: Custodial Personnel Agreement

Steps. STEP 1: The designated procedure for the presentation of grievances shall be as follows: (A) A grievance by an employee must be brought to the attention of the Union Representative(s)Xxxxxxx or the Business Representative, if there is no Union Xxxxxxx, within two (2) working days of when the employee learns of the grievance. (B) The Union Xxxxxxx shall be permitted a reasonable amount of time on the job to investigate the matter and to telephone the Business Representative. (C) The Union Xxxxxxx shall discuss the grievance with or without the employee, shall Contractor's Representative on the job and attempt to resolve the matter with the employee's immediate supervisor within twenty-one (21) calendar days after the employee, through the use of reasonable diligence, should have had knowledge of the first occurrence of the event giving rise to the grievance. The supervisor shall then attempt to resolve the matter and Contractor's Representative shall respond to the first step grievance no later than two (2) working days. (A) If the grievance is not settled at Step 1, the aggrieved employee and/or Union Xxxxxxx must notify the Business Representative within two (2) working days after receipt of the Contractor's Step 1 answer. (B) The Business Representative and Contractor shall meet and discuss the grievance within ten (10) working days of the Step 1 meeting. The Contractor must give its response to the Step 2 meeting within two (2) working days. (A) If the Business Representative and Contractor are unable to settle the grievance at Step 2, the grievance and answer thereto must be reduced to writing by both the Union and the Contractor respectively. (B) Written copies of the grievance and answer must be submitted within two (2) working days of receipt of the Step 2 answer to the Union, Contractor and Labor - Management Committee. (C) The Labor - Management Committee shall consist of two (2) representatives from the applicable Local Union and two (2) representatives from the Association. (D) Submission of written copies of the grievance and answer to the Executive of the Association shall constitute notification to the Labor - Management Committee. (E) The Labor - Management Committee shall meet no later than seven (7) calendar daysworking days after receipt of the written grievance for the purpose of conducting a hearing on the grievance. A representative of Local 353 and a representative of the affected Contractor shall present all information and evidence relevant to the grievance at this hearing. STEP 2: If the grievance has not been resolved to the satisfaction of the (F) The Labor - Management Committee shall notify Local Union within seven 353 and affected Contractor no later than three (73) calendar days after the immediate supervisor's response is due, it may be presented in writing by the designated Union Representative to the next level hearing of supervision which has been designated by the Appointing Authority to process grievances. The written grievances shall state the nature of its decision on the grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violated, and the relief requested. The designated Appointing Authority Representative shall arrange a meeting with the Union Representative(s) to discuss the grievance within seven (7) calendar days. A written response shall be forwarded to the Union Representative within seven (7) calendar days of the meeting. STEP 3: If the grievance still remains unresolved, it may be presented to the Appointing Authority or designated representative by the designated Union Representative within seven (7G) calendar days after the Step 2 response is due. The Appointing Authority or designee shall arrange a meeting with the designated Union Representative(sA three-fourths (3/4) within seven (7) calendar days. The Appointing Authority or designee shall respond to the Union Representative and the Union staff representative in writing within seven (7) calendar days. STEP 4: If the grievance remains unresolved after the response of the Appointing Authority is due, the Union shall have sixty (60) calendar days in which to submit a letter to the State Negotiator and the Appointing Authority stating its desire to proceed to arbitration. Within five (5) calendar days after the Union has notified the State Negotiator that it desires to proceed with the arbitration of the grievance the parties shall determine the arbitrator to hear the arbitration by the method provided for in Section 3 of this Article. Except as provided in the procedures for Section 4, expenses for the arbitrator's services and the proceedings shall be borne by the losing party, however, each party shall be responsible for compensating its own representatives and witnesses. If either party cancels an arbitration hearing or asks for a last minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. The majority decision of the arbitrator Labor - Management Committee shall decide any grievance submitted to it and shall be final and binding upon on all parties. (H) If Local 353 and Contractor agree, Step 3 of the grievance procedure may be waived and the grievance may be presented immediately to Arbitration. (A) In the event that the Labor - Management Committee is unable to reach a three- fourths (3/4) majority decision on a grievance pending before it, the grievance may be presented to Arbitration. The party desiring Arbitration must serve written notification within ten (10) working days after notification of the Labor - Management Committee decision. (B) An impartial Arbitrator shall be selected with agreement of the parties. (C) If the parties cannot agree on the selection of an impartial Arbitrator within five (5) working days of the notice of Arbitration is given, they shall immediately request the Federal Mediation and Conciliation Service to submit a list of five (5) persons from which the Contractor and Local 353 shall select the impartial Arbitrator by alternately eliminating one name from the list until only one name shall remain thereon. Except as provided in The individual whose name remains on the procedures for Section 4, the arbitrator list shall be requested the impartial Arbitrator to issue his/her hear and determine the deadlocked dispute. (D) The Arbitrator shall have authority to decide any grievance presented to Arbitration. The Arbitrator shall not add to, subtract from or in any way alter the language of this Collective Bargaining Agreement. (E) The decision within thirty (30) calendar days after the conclusion of testimony and argument. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to Arbitrator shall be made, providing it pays for the record final and makes a copy available without charge to the other party and the arbitratorbinding on all parties.

Appears in 1 contract

Samples: Labor Management Agreement

Steps. STEP 1: Should a dispute arise between the Employer and any Employee(s) regarding the interpretation, meaning, operation or application of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, an xxxxxxx effort shall be made to settle the dispute in the following manner: Step 1 The designated Union Representative(s), with or without the employee, aggrieved Employee shall attempt to resolve first discuss the matter with the employee's immediate supervisor within twenty-one (21) calendar days after Supervisor of Public Works in an attempt to settle the employeedispute prior to the filing of a written grievance. Step 2 Should the matter remain unresolved, through the use of reasonable diligence, should have had knowledge aggrieved Employee shall submit the grievance in writing to the Chairman of the first occurrence Grievance Committee. If the Grievance Committee considers the grievance to be justified, the grievance shall be submitted in writing to the Supervisor of Public Works within five (5) days of the event date of the incident giving rise to the grievance. Such grievance shall contain the particulars of the complaint and the redress sought. The supervisor Supervisor of Public Works shall then attempt provide a written response regarding the grievance to resolve the Chairperson of the Union Grievance Committee within five (5) days of receiving the written grievance. Step 3 Should the matter and still remain unresolved, the Chairman of the Grievance Committee shall respond submit the written grievance to the Union Representative Chief Administrative Officer within seven five (75) calendar days. STEP 2: If the grievance has not been resolved to the satisfaction days of receipt of the Local Union within seven (7) calendar days after written response from the immediate supervisor's response is due, it may be presented in writing by the designated Union Representative to the next level Supervisor of supervision which has been designated by the Appointing Authority to process grievancesPublic Works. The written grievances Chief Administrative Officer shall state convene a meeting of the nature Union Grievance Committee and the Council Personnel Committee with ten (10) days of receipt of the grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violated, and the relief requested. The designated Appointing Authority Representative Council Personnel Committee shall arrange provide a meeting with the Union Representative(swritten decision within ten (10) to discuss the grievance within seven (7) calendar days. A written response shall be forwarded to the Union Representative within seven (7) calendar days of the meeting. STEP 3: If Step 4 Should the grievance still remains remain unresolved, it may be presented to the Appointing Authority or designated representative by the designated Union Representative within seven (7) calendar days after the Step 2 response is due. The Appointing Authority or designee shall arrange a meeting with the designated Union Representative(s) within seven (7) calendar days. The Appointing Authority or designee shall respond to the Union Representative and the Union staff representative in writing within seven (7) calendar days. STEP 4: If the grievance remains unresolved after the response of the Appointing Authority is due, the Union shall have sixty (60) calendar days in which to submit a letter to the State Negotiator and the Appointing Authority stating its desire to proceed to arbitration. Within may, within five (5) calendar days after the Union has notified the State Negotiator that it desires to proceed with the arbitration of receipt of the Personnel Committee response, refer the grievance to arbitration and shall so notify the parties shall determine the arbitrator to hear the arbitration by the method provided for Chief Administrative Officer in Section 3 of this Article. Except as provided in the procedures for Section 4, expenses for the arbitrator's services and the proceedings shall be borne by the losing party, however, each party shall be responsible for compensating its own representatives and witnesses. If either party cancels an arbitration hearing or asks for a last minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. The decision of the arbitrator shall be final and binding upon the parties. Except as provided in the procedures for Section 4, the arbitrator shall be requested to issue his/her decision within thirty (30) calendar days after the conclusion of testimony and argument. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing it pays for the record and makes a copy available without charge to the other party and the arbitratorwriting.

Appears in 1 contract

Samples: Collective Agreement

Steps. STEP 1: The designated Union Representative(s), with . Step 1 A classified employee or without the employee, shall attempt to resolve the matter with the employee's immediate supervisor Association within twenty-one ten (2110) calendar working days after the employee, through the use of reasonable diligence, should have had knowledge of the first occurrence of the event giving rise leading to the grievance or within ten (10) working days of when such occurrence might reasonably have been ascertained, the employee or the Association shall file a grievance in accordance with Article IX. A. with the supervisor with a copy to the appropriate administrator. The supervisor shall, along with the Associate Vice President of Human Resources or designee, investigate the grievance, meet with the employee and the Association within five (5) working days, and provide the employee, the Association, and the appropriate administrator with a written response to the alleged grievance within three (3) working days. If the matter is not satisfactorily resolved at this step, the employee or the Association may proceed to Step 2 by submitting a written request to the appropriate administrator within five (5) working days from the meeting with the supervisor. 2. Step 2 If the grievance is not settled at Step 1, and the grievant(s) or the Association wishes to appeal the grievance to Step 2, it shall be submitted in writing to the president or designee. A conference concerning the alleged grievance shall be held with the employee, the Association, the College President or designee, and the appropriate vice president(s) within five (5) working days of receipt by the appropriate administrator of a Step 2 request. Within three (3) working days of such a conference, the College President or designee or the appropriate vice president(s) will prepare a written response to the employee and/or Association. If the matter is not satisfactorily resolved at this step, the employee or the Association may proceed to Step 3 by submitting a written request to the Secretary of the Board of Trustees within five (5) working days of the receipt of the Step 2 response. 3. Step 3 The Board of Trustees shall have the option of hearing the matter but shall not be bound to do so. If the Board decides not to hear the matter, it shall so advise the Association and the grievant within five (5) working days after its receipt of the notification that the grievance has been advanced to Step 3. If the Board of Trustees decides to hear the matter, it shall meet to discuss the grievance with the grievant(s) and the Association in executive session on the day of its next regular Board meeting. The Board, at its sole discretion, may appoint a subcommittee of three (3) Board members to confer with the individual and the Association in executive session concerning the grievance. The supervisor shall then attempt to resolve the matter and shall respond Such a subcommittee will submit a recommendation to the Union Representative entire Board as to the disposition of such grievance. The Board shall issue a written response to the grievant and/or the Association within seven five (75) calendar daysworking days after the date of the Board meeting. STEP 2: 4. Step 4 If the grievance has is not been satisfactorily resolved to the satisfaction of the Local Union within seven (7) calendar days after the immediate supervisor's response is dueat Step 3, it may be presented in writing submitted by the designated Union Representative Association within ten (10) working days of the Step 3 answer to the next level of supervision which has been designated by the Appointing Authority to process grievancesbinding arbitration. The written grievances Association shall state notify the nature of the grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violatedBoard, and the relief requested. The designated Appointing Authority Representative parties shall arrange a meeting with the Union Representative(s) attempt to discuss the grievance mutually agree upon an arbitrator within seven (7) calendar days. A written response shall be forwarded to the Union Representative within seven (7) calendar days of the meeting. STEP 3: If the grievance still remains unresolved, it may be presented to the Appointing Authority or designated representative by the designated Union Representative within seven (7) calendar days after the Step 2 response is due. The Appointing Authority or designee shall arrange a meeting with the designated Union Representative(s) within seven (7) calendar days. The Appointing Authority or designee shall respond to the Union Representative and the Union staff representative in writing within seven (7) calendar days. STEP 4: If the grievance remains unresolved after the response of the Appointing Authority is due, the Union shall have sixty (60) calendar days in which to submit a letter to the State Negotiator and the Appointing Authority stating its desire to proceed to arbitration. Within five (5) calendar days after the Union has notified the State Negotiator that it desires to proceed with the arbitration of the grievance notification. If the parties cannot reach an agreement on an arbitrator, the parties shall determine jointly request the arbitrator American Arbitration Association to hear provide panels of arbitrators and to act as the arbitration by the method provided for in Section 3 of this Article. Except as provided in the procedures for Section 4, expenses for the arbitrator's services and the proceedings shall be borne by the losing party, however, each party shall be responsible for compensating its own representatives and witnesses. If either party cancels an arbitration hearing or asks for a last minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. The decision administrator of the arbitrator shall be final and binding upon the parties. Except as provided in the procedures for Section 4, the arbitrator shall be requested to issue his/her decision within thirty (30) calendar days after the conclusion of testimony and argument. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing it pays for the record and makes a copy available without charge to the other party and the arbitrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Steps. STEP 1: The designated Union Representative(s)Before any complaint of an employee or charge of violation of any provisions of this Agreement shall be considered a grievance, there shall be adiscussion of such complaint or charge between the employee and the supervisor or these two and the department xxxxxxx with or without an attempt to settle it. If thesupervisor, xxxxxxx and employee are unable to resolve the employeegrievance, the xxxxxxx shall take up the matter with the Shop Committee Chairperson who will attempt to resolve the matter issue with the employee's immediate supervisor within twenty-one (21) calendar days after or designated Company representative. If not settled, the employeegrievance will be reduced to writing, through signed by the use of reasonable diligence, should have had knowledge of the first occurrence of the event giving rise aggrieved employee and presented to the grievanceSupervisor or their designated representative. The supervisor shall then attempt to resolve or their designated Company representative will forward their written answer on the matter and shall respond grievance to the Union Representative Shop Committee Chairperson within seven three (73) calendar days. working days after their receipt of the written grievance. It is understood that no settlement at Step 1 can establish a precedent for future cases. It is further understood that no settlement at any Step of the grievance procedure can be inconsistent with the provisions of this agreement. 99 If the complaint or charge (hereinafter referred to as a "grievance") is not carried to Step 2 within three (3) working days from the time of the supervisor or designated Company representative’s answer, it shall be considered settled. 100 In investigating a grievance and in discussing it with the supervisor, the department xxxxxxx or Shop Committee Chairperson will take only such time as is reasonably necessary. 101 STEP 2: If a grievance is not settled at Step 1, the Union will present the grievance has not been resolved to the satisfaction Senior Production Supervisor within five (5) working days after receipt of the Local Union supervisor or designated Company representative’s answer. If thegrievance is not presented to the Senior Production Supervisor within seven the five (75) calendar working day limit, it shall be considered settled. Within ten (10) working days after the immediate supervisor's response grievance is due, it may be presented in writing by the designated Union Representative to the next level of supervision which has been designated by Senior Production Supervisor, a meeting will be held between the Appointing Authority to process grievancesSenior Production Supervisor and the Shop Committee. The Senior Production Supervisor will forward their written grievances shall state the nature of the grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violated, and the relief requested. The designated Appointing Authority Representative shall arrange a meeting with the Union Representative(s) to discuss answer on the grievance within seven (7) calendar days. A written response shall be forwarded to the Union Representative Shop Chairperson within seven five (75) calendar working days of after the Step 2 meeting. . 102 STEP 3: If the grievance still remains unresolvedis not settled in Step 2, it may be the Union will present the grievance to the Manager of Manufacturing within five (5) working days after receipt of the Senior Production Supervisor’s or designated representative's answer. If the grievance is not presented to the Appointing Authority Manager of Manufacturing within the five (5) working day time limit, it shall be considered settled. Any grievance involving disciplinary time off or designated representative discharge may be initiated by the designated Union Representative Shop Chairman directly at Step 3. Within ten (10) working days after the grievance is presented to the Manager of Manufacturing a meeting will be held between the Manager of Manufacturing and the Shop Committee. A representative of the IAMAW may be present and participate in this meeting. The Manager of Manufacturing will forward their written answer on the grievance to the Shop Chairman within seven five (75) calendar working days after the Step 2 response is due3 meeting. The Appointing Authority or designee shall arrange a meeting with the designated Union Representative(s) within seven (7) calendar days. The Appointing Authority or designee shall respond to the Union Representative and the Union staff representative in writing within seven (7) calendar days. 103 STEP 4: If the grievance remains unresolved after the response of the Appointing Authority is duenot settled in Step 3, the Union shall have sixty (60) calendar days in which to submit a letter will present the grievance to the State Negotiator and President of the Appointing Authority stating its desire to proceed to arbitration. Within Company within five (5) calendar working days after the Union has notified the State Negotiator that it desires to proceed with the arbitration receipt of the Manager of Manufacturing's answer. If the grievance is not presented to the parties President of the Company within the five (5) working day time limit, it shall determine be considered settled. Within ten (10) working days after the arbitrator grievance is presented to hear the arbitration by President of the method provided for in Section 3 Company a meeting will be held between the President of this Article. Except as provided in the procedures for Section 4Company and another management representative, expenses for and a representative of the arbitrator's services IAMAW and the proceedings shall be borne by President of the losing party, however, each party shall be responsible for compensating its own representatives and witnessesLocal Union. If either party cancels an arbitration hearing or asks for a last minute postponement that leads The President of the Company will forward their written answer on the grievance to the arbitrator's making a charge, IAMAW representatives within five (5) working days after the canceling party or the party asking for the postponement shall pay this chargeStep 4 meeting. The decision of the arbitrator shall be final and binding upon the parties. Except as provided in the procedures for Section 104 STEP 5: If no settlement is reached at Step 4, the arbitrator shall be requested to issue his/her decision within thirty (30) calendar days after the conclusion of testimony and argument. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing it pays for the record and makes a copy available without charge to the other party and the arbitrator.following will apply:

Appears in 1 contract

Samples: Collective Bargaining Agreement (Chart Industries Inc)

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