Common use of Steps Clause in Contracts

Steps. A. The complainant shall first discuss the alleged breach with the immediate supervisor outside the designated employee group with the objective of resolving the alleged breach. If the alleged breach is not resolved within ten (10) days, a written allegation of an alleged breach may be filed with the immediate supervisor with a copy to the Deputy Human Resources Manager. To be considered, the alleged breach must be submitted in a timely fashion and contain, at a minimum, what contractual provision(s) of this Memorandum of Understanding is alleged to have been violated, the facts constituting the alleged violation, and the relief sought. B. If, after ten (10) days from the date the alleged breach is filed with the immediate supervisor the alleged breach is not resolved, an alleged breach may be filed with the Department Manager or his/her designee. No later than ten (10) days following receipt of the written alleged breach, the Department Manager or his/her designee shall hold a meeting in an attempt to resolve the alleged breach. Each party shall be entitled to bring documents and/or witnesses to the meeting in order to present evidence on their behalf, and shall provide a complete witness list to the other party 48 hours prior to the meeting. Each party shall have the right to cross-examine witnesses brought by the other party. Any non-City employee who is a witness will be paid by whichever party called them as a witness. C. The Department Manager or his/her designee will have ten (10) days to render a decision. If the alleged breach is not resolved with the Department Manager’s decision, the alleged breach may be submitted to the City Manager. To be considered, such alleged breach must be submitted within ten (10) days of the Department Manager’s decision. Within ten (10) days of receipt of the alleged breach, the City Manager may either render a decision or require that the alleged breach be submitted to advisory arbitration. The Parties are then required to participate in the following advisory arbitration process.

Steps. A. The complainant shall first discuss the alleged breach with the immediate supervisor outside the designated employee group with the objective of resolving the alleged breach. If the alleged breach is not resolved within ten (10) days, a written allegation of an alleged breach may be filed with the immediate supervisor with a copy to the Deputy Human Resources Manager. To be considered, the alleged breach must be submitted in a timely fashion and contain, at a minimum, what contractual provision(s) of this Memorandum of Understanding is alleged to have been violated, the facts constituting the alleged violation, and the relief sought. B. If, after ten (10) days from the date the alleged breach is filed with the immediate supervisor the alleged breach is not resolved, an alleged breach may be filed with the Department Manager or his/her designee. No later than ten (10) days following receipt of the written alleged breach, the Department Manager or his/her designee shall hold a meeting in an attempt to resolve the alleged breach. Each party shall be entitled to bring documents and/or witnesses to the meeting in order to present evidence on their behalf, and shall provide a complete witness list to the other party 48 hours prior to the meeting. Each party shall have the right to cross-examine witnesses brought by the other party. Any non-City employee who is a witness will be paid by whichever party called them as a witness. C. The Department Manager or his/her designee will have ten (10) days to render a decision. If the alleged breach is not resolved with the Department Manager’s decision, the alleged breach may be submitted to the City Manager. To be considered, such alleged breach must be submitted within ten (10) days of the Department Manager’s decision. Within ten (10) days of receipt of the alleged breach, the City Manager may either render a decision or require that the alleged breach be submitted to advisory arbitration. The Parties are then required to participate in the following advisory arbitration process.

Steps. A. The complainant shall first discuss the alleged breach with the immediate supervisor outside the designated employee group with the objective of resolving the alleged breach. If the alleged breach is not resolved within ten (10) days, a written allegation of an alleged breach may be filed with the immediate supervisor with a copy to the Deputy Human Resources ManagerInternal Services Director. To be considered, the alleged breach must be submitted in a timely fashion and contain, at a minimum, what contractual provision(s) of this Memorandum of Understanding is alleged to have been violated, the facts constituting the alleged violation, and the relief sought. B. If, after ten (10) days from the date the alleged breach is filed with the immediate supervisor the alleged breach is not resolved, an alleged breach may be filed with the Department Manager Director or his/her designee. No later than ten (10) days following receipt of the written alleged breach, the Department Manager Director or his/her designee shall hold a meeting in an attempt to resolve the alleged breach. Each party shall be entitled to bring documents and/or witnesses to the meeting in order to present evidence on their behalf, and shall provide a complete witness list to the other party 48 hours prior to the meeting. Each party shall have the right to cross-examine witnesses brought by the other party. Any non-City employee who is a witness will be paid by whichever party called them as a witness. C. The Department Manager Director or his/her designee will have ten (10) days to render a decision. If the alleged breach is not resolved with the Department ManagerDirector’s decision, the alleged breach may be submitted to the City Manager. To be considered, such alleged breach must be submitted within ten (10) days of the Department ManagerDirector’s decision. Within ten (10) days of receipt of the alleged breach, the City Manager may either render a decision or require that the alleged breach be submitted to advisory arbitration. The Parties are then required to participate in the following advisory arbitration process.

Steps. A. ‌ a. The complainant shall first discuss the alleged breach with the immediate supervisor outside the designated employee group with the objective of resolving the alleged breach. If the alleged breach is not resolved within ten thirty (1030) days, a written allegation of an alleged breach may be filed with the immediate supervisor with a copy to the Deputy Human Resources ManagerInternal Services Director. To be considered, the alleged breach must be submitted in a timely fashion and contain, at a minimum, what contractual provision(s) of this Memorandum of Understanding is alleged to have been violated, the facts constituting the alleged violation, and the relief sought. B. b. If, after ten (10) days from the date the alleged breach is filed with the immediate supervisor the alleged breach is not resolved, an alleged breach may be filed with the Department Manager department director/office administrator or his/her designee. No later than ten (10) days following receipt of the written alleged breach, the Department Manager department director/office administrator or his/her designee shall hold a meeting in an attempt to resolve the alleged breach. Each party shall be entitled to bring documents and/or witnesses to the meeting in order to present evidence on their behalf, and shall provide a complete witness list to the other party 48 hours prior to the meeting. Each party shall have the right to cross-cross- examine witnesses brought by the other party. Any non-City employee who is a witness will be paid by whichever party called them as a witness. C. c. The Department Manager department director/office administrator or his/her designee will have ten (10) days to render a decision. If the alleged breach is not resolved with the Department Managerdepartment director’s/office administrator’s decision, the alleged breach may be submitted to the City Manager. To be considered, such alleged breach must be submitted within ten (10) days of the Department Managerdepartment director’s/office administrator’s decision. Within ten (10) days of receipt of the alleged breach, the City Manager may either render a decision or require that the alleged breach be submitted to advisory arbitration. The Parties are then required to participate in the following advisory arbitration process.

Steps. A. a. The complainant shall first discuss the alleged breach with the immediate supervisor outside the designated employee group with the objective of resolving the alleged breach. If the alleged breach is not resolved within ten (10) days, a written allegation of an alleged breach may be filed with the immediate supervisor with a copy to the Deputy Human Resources ManagerInternal Services Director. To be considered, the alleged breach must be submitted in a timely fashion and contain, at a minimum, what contractual provision(s) of this Memorandum of Understanding is alleged to have been violated, the facts constituting the alleged violation, and the relief sought. B. b. If, after ten (10) days from the date the alleged breach is filed with the immediate supervisor the alleged breach is not resolved, an alleged breach may be filed with the Department Manager department director/office administrator or his/her designee. No later than ten (10) days following receipt of the written alleged breach, the Department Manager department director/office administrator or his/her designee shall hold a meeting in an attempt to resolve the alleged breach. Each party shall be entitled to bring documents and/or witnesses to the meeting in order to present evidence on their behalf, and shall provide a complete witness list to the other party 48 hours prior to the meeting. Each party shall have the right to cross-cross- examine witnesses brought by the other party. Any non-City employee who is a witness will be paid by whichever party called them as a witness. C. c. The Department Manager department director/office administrator or his/her designee will have ten (10) days to render a decision. If the alleged breach is not resolved with the Department Managerdepartment director’s/office administrator’s decision, the alleged breach may be submitted to the City Manager. To be considered, such alleged breach must be submitted within ten (10) days of the Department Managerdepartment director’s/office administrator’s decision. Within ten (10) days of receipt of the alleged breach, the City Manager may either render a decision or require that the alleged breach be submitted to advisory arbitration. The Parties are then required to participate in the following advisory arbitration process.

Steps. A. Any complainant having a matter which is felt to be a breach of the MOU shall submit the alleged breach in writing to the Association with a copy to his immediate supervisor. Determination of whether a breach exists shall be made by an Association Breach/Grievance Committee. The Committee shall meet and render a decision in writing within thirty (30) calendar days of the receipt of the written alleged breach from the complainant. If the Committee’s decision is that an alleged breach exists, the Association shall prepare a formal written breach notification on behalf of the complainant. B. The complainant shall first then discuss the alleged breach with the immediate supervisor outside the designated employee group directly with the objective of resolving the alleged breach. If the alleged breach is not resolved within ten (10) days, a written allegation of an alleged breach may be filed with the immediate supervisor with a copy to the Deputy Human Resources ManagerDirector. To be considered, the alleged breach must be timely submitted in a timely fashion and contain, at a minimum, what contractual provision(s) of this Memorandum of Understanding MOU is alleged to have been violated, the facts constituting the alleged violation, and the relief sought. B. C. If, after ten (10) days from the date of the alleged breach is filed with the immediate supervisor supervisor, the alleged breach is not resolved, an alleged breach may be filed with the Department Manager or his/her designeeChief. No later than ten (10) days following receipt of the written alleged breach, the Department Manager or his/her designee Chief shall hold a meeting in an attempt to resolve the alleged breach. Each party shall be entitled to bring documents and/or witnesses to the meeting in order to present evidence on their behalf, and shall provide a complete witness list to the other party 48 hours prior to the meeting. Each party shall have the right to cross-examine witnesses brought by the other party. Any non-City employee who is a witness will be paid by whichever party called them as a witness.witnesses C. D. The Department Manager or his/her designee Chief will have ten (10) days to render a decision. E. If the alleged breach is not resolved with the Department Manager’s Chief's decision, the alleged breach may be submitted to the City Manager. To be considered, such alleged breach must be submitted within ten (10) days of the Department Manager’s Chief's decision. Within ten (10) days of receipt of the alleged breach, the City Manager may either render a decision or require that the alleged breach be submitted to advisory arbitration. The Parties are then required to participate in the following advisory arbitration process.advisory

Steps. A. First Step The complainant employee, without representation, shall first discuss and try to resolve the alleged breach misapplication of the Meet and Confer Agreement with the his or her immediate supervisor outside the designated employee group with the objective of resolving the alleged breach. If the alleged breach is not resolved within ten (10) days, a written allegation of an alleged breach may be filed with the immediate supervisor with a copy to the Deputy Human Resources Manager. To be considered, the alleged breach must be submitted in a timely fashion and contain, at a minimum, what contractual provision(s) of this Memorandum of Understanding is alleged to have been violated, the facts constituting the alleged violation, and the relief soughtsupervisor. B. IfSecond Step 1) If resolution is not achieved within five (5) days of the discussion, after the employee may submit the dispute, in writing and through his or her chain-of- command, to the Appointing Authority within ten (10) days from the date of discussion. The written statement must contain the provision(s) of the Meet and Confer Agreement that was allegedly misapplied, the facts in support of the alleged breach is filed with misapplication, and the immediate supervisor the alleged breach is not resolved, an alleged breach may be filed with the Department Manager or his/her designee. No later than ten relief sought. 2) Within five (105) days following of receipt of the written alleged breachdispute, the Department Manager Appointing Authority or his/her designee shall hold a meeting in an meet with the employee and the employee's representative, if any, and attempt to resolve the alleged breachdispute. Each party shall be entitled to bring documents and/or witnesses to the meeting in order to present evidence on their behalf, and shall provide a complete witness list to the other party 48 hours prior to the meeting. Each party shall have the right to cross-examine witnesses brought by the other party. Any non-City employee who is a witness will be paid by whichever party called them as a witness. C. The Department Manager or his/her designee will have ten (10) days to render a decision. If the alleged breach is not resolved with the Department Manager’s decision, the alleged breach may be submitted to the City Manager. To be considered, such alleged breach must be submitted within Within ten (10) days of the Department Manager’s decisionmeeting, the Appointing Authority or designee shall provide a written response to the employee indicating his or her decision to accept, reject or modify the relief sought. The employee shall be responsible for providing a copy of the written response to AFSCME, when necessary. C. Third Step If the employee disagrees with the Appointing Authority's response, he or she may submit the dispute to the County Administrator within five (5) days of receipt of the Appointing Authority's response and include the specific reason(s) as to why the employee disagrees with the response. Within ten (10) days of receipt of the alleged breachdispute, the City Manager may either render County Administrator or designee shall meet with the employee and the employee's representative, if any, to discuss and attempt to resolve the dispute. Within ten (10) days of the meeting, the County Administrator or designee shall provide a written response to the employee with a decision indicating whether he/she has decided to accept, reject or require modify the relief sought. The employee shall be responsible for providing a copy of the written response to AFSCME, when necessary. D. Fourth Step 1) If the employee feels that the dispute is not resolved at the third step, the employee may request AFSCME to consider the alleged breach be submitted to misapplication for advisory arbitration. The Parties AFSCME, if it so chooses to arbitrate, shall submit a notification of such action to the County Administrator within five (5) days of receipt of the written response from the County Administrator. 2) Within five (5) days of notification, the County and AFSCME shall select an arbitrator from a County-approved qualified arbitration services list. If the County and AFSCME are then required unable to participate agree on an arbitrator within the established time, either the County or AFSCME may request that a County- approved, qualified arbitration service submit to the County and AFSCME a list of seven (7) arbitrators who have had experience in the following public sector. 3) Within five (5) days of receipt of said list, the County and SEIU shall select an arbitrator by alternately striking names from the list until one name remains or an arbitrator is agreed upon. That person shall then become the arbitrator. 4) The selected arbitrator shall set the hearing to begin no later than twenty (20) days from the date of selection and will proceed as expeditiously as possible. The hearing shall be held at a time and place convenient to the County and AFSCME, and the arbitrator shall be bound as set forth below. a. The arbitrator shall be bound by the language of the Meet and Confer Agreement and Merit System Rules and Personnel Policies in considering any issue properly before him or her and shall not add to, detract from, or modify the language of the agreement and/or the rules and policies. b. The arbitrator shall be expressly confined to the specific issue(s) submitted. c. The arbitrator shall be bound by applicable law. d. The arbitrator shall sign and submit findings and advisory arbitration processrecommendations to AFSCME and to the County Administrator in writing no more than seven (7) days from the date of closing the hearing. 5) All hearings will be transcribed. 6) The cost of the arbitrator and transcriptions of the hearing shall be borne equally by Pima County and AFSCME. Each party will bear its own costs. 7) Within ten (10) days of receipt of the findings and recommendations, the County Administrator shall inform AFSCME in writing of his or her decision to accept, reject or modify the advisory recommendations of the arbitrator. 8) If AFSCME is not satisfied with the decision of the County Administrator, AFSCME may appeal to the Board of Supervisors by filing the appeal with the Clerk of the Board within ten (10) days of the County Administrator's decision.

Steps. A. The complainant Step 1. No matter shall first discuss be submitted under the alleged breach grievance procedure unless it has been discussed by the employee and/or the authorized Local Union Representative with the employee's immediate supervisor outside the designated employee group with the objective of resolving the alleged breachin an informal meeting to attempt resolution. Step 2. If the alleged breach grievance is not resolved in the informal meeting with the employee's immediate supervisor, a written grievance may be filed with the Department Director or designee. Such written grievance must be filed within ten (10) days, days from the date of the incident that precipitated the grievance as identified in Section C. 6 above. The grievant and his/her representative shall meet with the Department Director or his/her representative within ten (10) days or the Department Director may provide a written allegation of an alleged breach may be filed with the immediate supervisor with a copy to the Deputy Human Resources Managerresponse within that time period. To be considered, the alleged breach grievance must be submitted in timely filed and contain at minimum the following: Name of aggrieved employee, department, job title, action taken by the Employer, Article and Section of Contract allegedly violated, relief requested, and a timely fashion and contain, at a minimum, what contractual provision(s) description of this Memorandum of Understanding is alleged the facts that lead the grievant to have believe that the collective bargaining agreement has been violated, and all known witnesses and/or evidence in support of the facts constituting the alleged violation, grievance and the relief soughtrepresentative if any. B. If, Step 3. If after ten (10) days from the date the alleged breach is grievance was filed with the immediate supervisor Department Director, the alleged breach grievance is not resolved, an alleged breach a grievance may be filed with the Department City Manager or his/her designee. Such grievance must be filed within ten (10) days from the date of the Department Director response or the date that response was due. No later than ten (10) days following receipt of the written alleged breachgrievance, the Department City Manager or his/her designee shall hold schedule a meeting with the UMWA International Representative or grievant, in an attempt to resolve the alleged breachgrievance. Each party shall be entitled to bring documents and/or witnesses (at the expense of the party bringing the witness) to the meeting in order to present evidence on their behalf, and shall provide a complete witness list to the other party 48 hours prior to the meeting. Each party shall have the right to cross-cross examine witnesses brought by the other party. Any non-City employee who is a witness will be paid by whichever party called them as a witness. C. Step 4. The Department City Manager or his/her designee will shall have ten (10) days to render a decision. If the alleged breach grievance is not resolved with the Department Manager’s decisionCity Manager or designee's decision(s), the alleged breach Union, may submit the grievance to arbitration. Such request must be submitted to the City Manager. To be considered, such alleged breach must be submitted within Human Resources Director or designee not later than ten (10) days of following the Department Manager’s decision. Within ten (10) days of receipt of the alleged breach, the City Manager may either render a decision or require that the alleged breach be submitted to advisory arbitration. The Parties are then required to participate in the following advisory arbitration processdesignee's decision.

Steps. A. The complainant Step 1. No matter shall first discuss be submitted under the alleged breach grievance procedure unless it has been discussed by the employee and/or the authorized Local Union Representative with the employee's immediate supervisor outside the designated employee group with the objective of resolving the alleged breachin an informal meeting to attempt resolution. Step 2. If the alleged breach grievance is not resolved in the informal meeting with the employee's immediate supervisor, a written grievance may be filed with the Department Director or designee. Such written grievance must be filed within ten (10) days, days from the date of the incident that precipitated the grievance as identified in Section C. 6 above. For grievances filed by the Employee/Union that deal with contractual violations (not discipline/discharge) the grievance form must have an attached document in a narrative letter format that describes in detail how the grievant believes the Contract has allegedly been violated. The grievant and his/her representative shall meet with the Department Director or his/her representative within ten (10) days or the Department Director may provide a written allegation of an alleged breach may be filed with the immediate supervisor with a copy to the Deputy Human Resources Managerresponse within that time period. To be considered, the alleged breach grievance must be submitted in timely filed and contain at minimum the following: Name of aggrieved employee, department, job title, action taken by the Employer, Article and Section and subsections of Contract allegedly violated, relief requested, and a timely fashion and contain, at a minimum, what contractual provision(s) description of this Memorandum of Understanding is alleged the facts that lead the grievant to have believe that the collective bargaining agreement has been violated, and all known witnesses and/or evidence in support of the facts constituting the alleged violation, grievance and the relief soughtrepresentative if any. B. If, Step 3. If after ten (10) days from the date the alleged breach is grievance was filed with the immediate supervisor Department Director, the alleged breach grievance is not resolved, an alleged breach a grievance may be filed with the Department City Manager or his/her designee. Such grievance must be filed within ten (10) days from the date of the Department Director response or the date that response was due. No later than ten (10) days following receipt of the written alleged breachgrievance, the Department City Manager or his/her designee shall hold schedule a meeting with the UMWA International Representative or grievant, in an attempt to resolve the alleged breachgrievance. Each party shall be entitled to bring documents and/or witnesses (at the expense of the party bringing the witness) to the meeting in order to present evidence on their behalf, and shall provide a complete witness list to the other party 48 hours prior to the meeting. Each party shall have the right to cross-cross examine witnesses brought by the other party. Any non-City employee who is a witness will be paid by whichever party called them as a witness. C. Step 4. The Department City Manager or his/her designee will shall have ten (10) days to render a decision. If the alleged breach grievance is not resolved with the Department Manager’s decisionCity Manager or designee's decision(s), the alleged breach Union, may submit the grievance to arbitration. Such request must be submitted to the City Manager. To be considered, such alleged breach must be submitted within Human Resources Director or designee not later than ten (10) days of following the Department Manager’s decision. Within ten (10) days of receipt of the alleged breach, the City Manager may either render a decision or require that the alleged breach be submitted to advisory arbitration. The Parties are then required to participate in the following advisory arbitration processdesignee's decision.