Common use of Waivers and Time Limits Clause in Contracts

Waivers and Time Limits. a. Failure by Management to reply to the employee’s grievance within the time limits specified in this Article automatically processes the grievance to the next level. An automatic referral to the next level shall not be construed as removing the responsibility of Management at the next level from hearing the grievance and responding within applicable time limits, if it is within the authority of that level to settle the grievance. b. Any level of review, or any time limits established in this procedure, may be waived or extended for good cause and only by mutual agreement confirmed in writing. c. If an employee fails to appeal from one level to the next level within the time limits established in this grievance procedure, the grievance shall be considered settled on the basis of the last decision and the grievance shall not be subject to further appeal or reconsideration. d. By mutual agreement, the grievance may revert to a prior level for reconsideration. e. If a grievant fails to appear for a scheduled grievance meeting, the failure to appear without an approved excuse by the Appointing Authority shall entitle Management to decide on the grievance without the presence of the grievant, or to schedule another meeting at that level (in which case the time requirements for hearing and decision are automatically waived). Failure to appear at two meetings on the same grievance without an approved excuse automatically terminates the grievance and it is deemed denied. The grievance shall not be subject to further appeal or reconsideration. f. When a grievant is on approved leave the time limits established in this procedure shall be suspended for the period of the leave. g. No grievance shall be finally dismissed for an unexcused failure to appear at a scheduled hearing unless the grievant had been given twenty-four hours advance notice of the hearing.

Appears in 5 contracts

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

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Waivers and Time Limits. a. Failure by Management to reply to the employee’s grievance within the time limits specified in this Article automatically processes the grievance to the next level. An automatic referral to the next level shall not be construed as removing the responsibility of Management at the next level from hearing the grievance and responding within applicable time limits, if it is within the authority of that level to settle the grievance. b. Any level of review, or any time limits established in this procedure, may be waived or extended for good cause and only by mutual agreement confirmed in writing. c. If an employee fails to appeal from one level to the next level within the time limits established in this grievance procedure, the grievance shall will be considered settled on the basis of the last decision and the grievance shall will not be subject to further appeal or reconsideration. d. By mutual agreement, the grievance may revert to a prior level for reconsideration. e. If a grievant fails to appear for a scheduled grievance meeting, the failure to appear without an approved excuse by the Appointing Authority shall entitle entitles Management to decide on the grievance without the presence of the grievant, or to schedule another meeting at that level (in which case the time requirements for hearing and decision are automatically waived). Failure to appear at two meetings on the same grievance without an approved excuse automatically terminates the that grievance and it is deemed denied. The grievance shall will not be subject to further appeal or reconsideration. f. When a grievant is on approved leave leave, the time limits established in this procedure shall will be suspended for the period of the leave. g. No grievance shall will be finally dismissed for an unexcused failure to appear at a scheduled hearing unless the grievant had been given twenty-four hours advance notice of the hearing.

Appears in 4 contracts

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

Waivers and Time Limits. a. Failure by Management the City to reply to the employee’s grievance within the time limits specified in this Article automatically processes the grievance to the next level. An automatic referral to the next level shall not be construed as removing the responsibility of Management at the next level from hearing the grievance and responding within applicable time limits, if it is within the authority of that level to settle the grievance. b. Any level of review, or any time limits established in this procedure, may be waived or extended for good cause and only by mutual agreement confirmed in writing. c. If an employee fails to appeal from one level to the next level within the time limits established in this grievance procedureGrievance Procedure, the grievance shall be considered settled on the basis of the last decision and the grievance shall not shallnot be subject to further appeal or reconsideration. d. By mutual agreement, the grievance may revert to a prior level for reconsideration. e. If a grievant fails to appear for a scheduled grievance meeting, the such failure to appear without an excuse approved excuse by the Appointing Authority appointing authority shall entitle Management the City to decide on the grievance without the presence of the grievant, or to schedule another meeting at that level (in which case the time requirements for hearing and decision are automatically waived). Failure to appear at two (2) meetings on the same grievance without an approved excuse automatically terminates the that grievance and it is deemed denied. The grievance shall then not be subject to further appeal or reconsideration. f. When a grievant is on approved leave the time limits established in this procedure shall be suspended for the period of the leave. g. No grievance shall be finally dismissed for an unexcused failure to appear at a scheduled hearing unless the grievant had been given twenty-four (24) hours advance notice of the hearing.

Appears in 4 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding (Mou), Memorandum of Understanding (Mou)

Waivers and Time Limits. a. Failure by Management to reply to the employee’s grievance within the time limits specified in this Article automatically processes the grievance to the next level. An automatic referral to the next level shall not be construed as removing the responsibility of Management at the next level from hearing the grievance and responding within applicable time limits, if it is within the authority of that level to settle the grievance. b. Any level of review, or any time limits established in this procedure, may be waived or extended for good cause and only by mutual agreement confirmed in writing. c. If an employee fails to appeal from one level to the next level within the time limits established in this grievance procedure, the grievance shall be considered settled on the basis of the last decision and the grievance shall not be subject to further appeal or reconsideration. d. By mutual agreement, the grievance may revert to a prior level for reconsideration. e. If a grievant fails to appear for a scheduled grievance meeting, the failure to appear without an approved excuse by the Appointing Authority shall entitle entitles Management to decide on the grievance without the presence of the grievant, or to schedule another meeting at that level (in which case the time requirements for hearing and decision are automatically waived). Failure to appear at two meetings on the same grievance without an approved excuse automatically terminates the grievance and it is deemed denied. The grievance shall then not be subject to further appeal or reconsideration. f. When a grievant is on approved leave the time limits established in this procedure shall be suspended for the period of the leave. g. No grievance shall be finally dismissed for an unexcused failure to appear at a scheduled hearing unless the grievant had been given twenty-four hours advance notice of the hearing.

Appears in 3 contracts

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

Waivers and Time Limits. a. Failure by Management the City to reply to the employee’s grievance within the time limits specified in this Article automatically processes the grievance to the next level. An automatic referral to the next level shall not be construed as removing the responsibility of Management at the next level from hearing the grievance and responding within applicable time limits, if it is within the authority of that level to settle the grievance. b. Any level of review, or any time limits established in this procedure, may be waived or extended for good cause and only by mutual agreement confirmed in writing. c. If an employee fails to appeal from one level to the next level within the time limits established in this grievance procedureGrievance Procedure, the grievance shall be considered settled on the basis of the last decision and the grievance shall not be subject to further appeal or reconsideration. d. By mutual agreement, the grievance may revert to a prior level for reconsideration. e. If a grievant fails to appear for a scheduled grievance meeting, the such failure to appear without an excuse approved excuse by the Appointing Authority appointing authority shall entitle Management the City to decide on the grievance without the presence of the grievant, or to schedule another meeting at that level (in which case the time requirements for hearing and decision are automatically waived). Failure to appear at two (2) meetings on the same grievance without an approved excuse automatically terminates the that grievance and it is deemed denied. The grievance shall then not be subject to further appeal or reconsideration. f. When a grievant is on approved leave the time limits established in this procedure shall be suspended for the period of the leave. g. No grievance shall be finally dismissed for an unexcused failure to appear at a scheduled hearing unless the grievant had been given twenty-four (24) hours advance notice of the hearing.

Appears in 3 contracts

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

Waivers and Time Limits. a. (1) Failure by Management to reply to the employee’s grievance within the time limits specified in this Article automatically processes the grievance to the next level. An automatic referral to the next level shall not be construed as removing the responsibility of Management at the next level from hearing the grievance and responding within applicable time limits, if it is within the authority of that level to settle the grievance. b. (2) Any level of review, or any time limits established in this procedure, may be waived or extended for good cause and only by mutual agreement confirmed in writing. c. (3) If an employee fails to appeal from one level to the next level within the time limits established in this grievance procedure, the grievance shall be considered settled on the basis of the last decision and the grievance shall not be subject to further appeal or reconsideration. d. (4) By mutual agreement, the grievance may revert to a prior level for reconsideration. e. (5) If a grievant fails to appear for a scheduled grievance meeting, the such failure to appear without an excuse approved excuse by the Appointing Authority appointing authority shall entitle Management to decide on the grievance without the presence of the grievant, or to schedule another meeting at that level (in which case the time requirements for hearing and decision are automatically waived). Failure to appear at two meetings on the same grievance without an approved excuse automatically terminates the that grievance and it is deemed denied. The grievance shall then not be subject to further appeal or reconsideration. f. (6) When a grievant is on approved leave the time limits established in this procedure shall be suspended for the period of the leave. g. (7) No grievance shall be finally dismissed for an unexcused failure to appear at a scheduled hearing unless the grievant had been given twenty-four 24 hours advance notice of the hearing.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Waivers and Time Limits. a. Failure by Management to reply to the employee’s grievance within the time limits specified in this Article automatically processes the grievance to the next level. An automatic referral to the next level shall not be construed as removing the responsibility of Management at the next level from hearing the grievance and responding within applicable time limits, if it is within the authority of that level to settle the grievance. b. Any level of review, or any time limits established in this procedure, may be waived or extended for good cause and only by mutual agreement confirmed in writing. c. If an employee fails to appeal from one level to the next level within the time limits established in this grievance procedure, the grievance shall be considered settled on the basis of the last decision and the grievance shall not be subject to further appeal or reconsideration. d. By mutual agreement, the grievance may revert to a prior level for reconsideration. e. If a grievant fails to appear for a scheduled grievance meeting, the such failure to appear without an excuse approved excuse by the Appointing Authority appointing authority shall entitle Management to decide on the grievance without the presence of the grievant, or to schedule another meeting at that level (in which case the time requirements for hearing and decision are automatically waived). Failure to appear at two meetings on the same grievance without an approved excuse automatically terminates the that grievance and it is deemed denied. The grievance shall then not be subject to further appeal or reconsideration. f. When a grievant is on approved leave the time limits established in this procedure shall be suspended for the period of the leave. g. No grievance shall be finally dismissed for an unexcused failure to appear at a scheduled hearing unless the grievant had been given twenty-four 24 hours advance notice of the hearing.

Appears in 2 contracts

Samples: Memorandum of Understanding, Collective Bargaining Agreement

Waivers and Time Limits. a. Failure by Management to reply to the employee’s grievance within the time limits specified in this Article automatically processes the grievance to the next level. An automatic referral to the next level shall not be construed as removing the responsibility of Management at the next level from hearing the grievance and responding within applicable time limits, if it is within the authority of that level to settle the grievance. b. Any level of review, or any time limits established in this procedure, may be waived or extended for good cause and only by mutual agreement confirmed in writing. c. If an employee fails to appeal from one level to the next level level, within the time limits established in this grievance procedure, the grievance shall will be considered settled on the basis of the last decision and the grievance shall will not be subject to further appeal or reconsideration. d. By mutual agreement, the grievance may revert to a prior level for reconsideration. e. If a grievant fails to appear for a scheduled grievance meeting, the such failure to appear without an excuse approved excuse by the Appointing Authority shall will entitle Management to decide on the grievance without the presence of the grievant, or to schedule another meeting at that the level (in which case the time requirements for hearing and decision are automatically waived). Failure to appear at two (2) meetings on the same grievance without an approved excuse automatically terminates the grievance and it is deemed denied. The grievance shall will not be subject to further appeal or reconsideration. f. When a grievant is on approved leave the time limits established in this procedure shall will be suspended for the period of the leave. g. No grievance shall will be finally dismissed for an unexcused failure to appear at a scheduled hearing unless the grievant had been given twenty-four hours advance notice of the hearing.four

Appears in 1 contract

Samples: Memorandum of Understanding

Waivers and Time Limits. a. Failure by Management to reply to the employee’s grievance within the time limits specified in this Article automatically processes the grievance to the next level. An automatic referral to the next level shall not be construed as removing the responsibility of Management at the next level from hearing the grievance and responding within applicable time limits, if it is within the authority of that level to settle the grievance.time b. Any level of review, or any time limits established in this procedure, may be waived or extended for good cause and only by mutual agreement confirmed in writing. c. If an employee fails to appeal from one level to the next level level, within the time limits established in this grievance procedure, the grievance shall will be considered settled on the basis of the last decision and the grievance shall will not be subject to further appeal or reconsideration. d. By mutual agreement, the grievance may revert to a prior level for reconsideration. e. If a grievant fails to appear for a scheduled grievance meeting, the such failure to appear without an excuse approved excuse by the Appointing Authority shall will entitle Management to decide on the grievance without the presence of the grievant, or to schedule another meeting at that the level (in which case the time requirements for hearing and decision are automatically waived). Failure to appear at two meetings on the same grievance without an approved excuse automatically terminates the grievance and it is deemed denied. The grievance shall not be subject to further appeal or reconsideration.and f. When a grievant is on approved leave the time limits established in this procedure shall will be suspended for the period of the leave. g. No grievance shall will be finally dismissed for an unexcused failure to appear at a scheduled hearing unless the grievant had been given twenty-four 24 hours advance notice of the hearing. h. POA agrees to pursue all claims of violation of this MOU through the Grievance Procedure. Resort to other remedies will not be pursued until all steps of the grievance procedure have been exhausted. If POA reasonably feels that an employee has suffered immediate and irreparable harm, City and POA agree that POA may directly contact the Mayor or their designee, the Human Resource Director, to seek a resolution prior to pursuing remedies outside City. Contacting the Mayor or their designee, the Human Resource Director, will be considered to exhaust the Grievance Procedure in these cases.

Appears in 1 contract

Samples: Memorandum of Understanding

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Waivers and Time Limits. a. Failure by Management to reply to the employee’s grievance within the time limits specified in this Article automatically processes the grievance to the next level. An automatic referral to the next level shall not be construed as removing the responsibility of Management at the next level from hearing the grievance and responding within applicable time limits, if it is within the authority of that level to settle the grievance. b. Any level of review, or any time limits established in this procedure, may be waived or extended for good cause and only by mutual agreement confirmed in writing. c. If an employee fails to appeal from one level to the next level level, within the time limits established in this grievance procedure, the grievance shall will be considered settled on the basis of the last decision and the grievance shall will not be subject to further appeal or reconsideration. d. By mutual agreement, the grievance may revert to a prior level for reconsideration. e. If a grievant fails to appear for a scheduled grievance meeting, the such failure to appear without an excuse approved excuse by the Appointing Authority shall will entitle Management to decide on the grievance without the presence of the grievant, or to schedule another meeting at that the level (in which case the time requirements for hearing and decision are automatically waived). Failure to appear at two meetings on the same grievance without an approved excuse automatically terminates the grievance and it is deemed denied. The grievance shall will not be subject to further appeal or reconsideration. f. When a grievant is on approved leave the time limits established in this procedure shall will be suspended for the period of the leave. g. No grievance shall will be finally dismissed for an unexcused failure to appear at a scheduled hearing unless the grievant had been given twenty-four 24 hours advance notice of the hearing. h. XXX agrees to pursue all claims of violation of this MOU through the Grievance Procedure. Resort to other remedies will not be pursued until all steps of the grievance procedure have been exhausted. If POA reasonably feels that an employee has suffered immediate and irreparable harm, City and POA agree that POA may directly contact the Mayor or their designee, the Human Resource Director, to seek a resolution prior to pursuing remedies outside City. Contacting the Mayor or their designee, the Human Resource Director, will be considered to exhaust the Grievance Procedure in these cases.

Appears in 1 contract

Samples: Memorandum of Understanding

Waivers and Time Limits. a. (1) Failure by Management the City to reply to the employee’s grievance within the time limits specified in this Article automatically processes the grievance to the next level. An automatic referral to the next level shall not be construed as removing the responsibility of Management at the next level from hearing the grievance and responding within applicable time limits, if it is within the authority of that level to settle the grievance. b. (2) Any level of review, or any time limits established in this procedure, may be waived or extended for good cause and only by mutual agreement confirmed in writing. c. (3) If an employee fails to appeal from one level to the next level within the time limits established in this grievance procedureGrievance Procedure, the grievance shall be considered settled on the basis of the last decision and the grievance shall not be subject to further appeal or reconsideration. d. (4) By mutual agreement, the grievance may revert to a prior level for reconsideration. e. (5) If a grievant fails to appear for a scheduled grievance meeting, the such failure to appear without an excuse approved excuse by the Appointing Authority appointing authority shall entitle Management the City to decide on the grievance without the presence of the grievant, or to schedule another meeting at that level (in which case the time requirements for hearing and decision are automatically waived). Failure to appear at two (2) meetings on the same grievance without an approved excuse automatically terminates the that grievance and it is deemed denied. The grievance shall then not be subject to further appeal or reconsideration. f. (6) When a grievant is on approved leave the time limits established in this procedure shall be suspended for the period of the leave. g. (7) No grievance shall be finally dismissed for an unexcused failure to appear at a scheduled hearing unless the grievant had been given twenty-four (24) hours advance notice of the hearing.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Waivers and Time Limits. a. Failure by Management to reply to the employee’s grievance within the time limits specified in this Article automatically processes the grievance to the next level. An automatic referral to the next level shall not be construed as removing the responsibility of Management at the next level from hearing the grievance and responding within applicable time limits, if it is within the authority of that level to settle the grievance. b. Any level of review, or any time limits established in this procedure, may be waived or extended for good cause and only by mutual agreement confirmed in writing. c. If an employee fails to appeal from one level to the next level within the time limits established in this grievance procedure, the grievance shall be considered settled on the basis of the last decision and the grievance shall not be subject to further appeal or reconsideration. d. By mutual agreement, the grievance may revert to a prior level for reconsideration. e. If a grievant fails to appear for a scheduled grievance meeting, the failure to appear without an approved excuse by the Appointing Authority shall entitle entitles Management to decide on the grievance without the presence of the grievant, or to schedule another meeting at that level (in which case the time requirements for hearing and decision are automatically waived). Failure to appear at two meetings on the same grievance without an approved excuse automatically terminates the grievance and it is deemed denied. The grievance shall then not be subject to further appeal or reconsideration. f. When a grievant is on approved leave the time limits established in this procedure shall be suspended for the period of the leave. g. No grievance shall be finally dismissed for an unexcused failure to appear at a scheduled hearing unless the grievant had been given twenty-four hours advance notice of the hearing.hours

Appears in 1 contract

Samples: Memorandum of Understanding

Waivers and Time Limits. a. Failure by Management to reply to the employee’s grievance within the time limits specified in this Article automatically processes the grievance to the next level. An automatic referral to the next level shall not be construed as removing the responsibility of Management at the next level from hearing the grievance and responding within applicable time limits, if it is within the authority of that level to settle the grievance. b. Any level of review, or any time limits established in this procedure, may be waived or extended for good cause and only by mutual agreement confirmed in writing. c. If an employee fails to appeal from one level to the next level within the time limits established in this grievance procedure, the grievance shall be considered settled on the basis of the last decision and the grievance shall not be subject to further appeal or reconsideration.be d. By mutual agreement, the grievance may revert to a prior level for reconsideration. e. If a grievant fails to appear for a scheduled grievance meeting, the failure to appear without an approved excuse by the Appointing Authority shall entitle Management to decide on the grievance without the presence of the grievant, or to schedule another meeting at that level (in which case the time requirements for hearing and decision are automatically waived). Failure to appear at two meetings on the same grievance without an approved excuse automatically terminates the grievance and it is deemed denied. The grievance shall not be subject to further appeal or reconsideration. f. When a grievant is on approved leave the time limits established in this procedure shall be suspended for the period of the leave. g. No grievance shall be finally dismissed for an unexcused failure to appear at a scheduled hearing unless the grievant had been given twenty-four hours advance notice of the hearing.

Appears in 1 contract

Samples: Memorandum of Understanding

Waivers and Time Limits. a. Failure by Management to reply to the employee’s grievance within the time limits specified in this Article automatically processes the grievance to the next level. An automatic referral to the next level shall not be construed as removing the responsibility of Management at the next level from hearing the grievance and responding within applicable time limits, if it is within the authority of that level to settle the grievance. b. Any level of review, or any time limits established in this procedure, may be waived or extended for good cause and only by mutual agreement confirmed in writing. c. If an employee fails to appeal from one level to the next level level, within the time limits established in this grievance procedure, the grievance shall will be considered settled on the basis of the last decision and the grievance shall not be subject to further appeal or reconsideration.considered d. By mutual agreement, the grievance may revert to a prior level for reconsideration. e. If a grievant fails to appear for a scheduled grievance meeting, the such failure to appear without an excuse approved excuse by the Appointing Authority shall will entitle Management to decide on the grievance without the presence of the grievant, or to schedule another meeting at that the level (in which case the time requirements for hearing and decision are automatically waived). Failure to appear at two meetings on the same grievance without an approved excuse automatically terminates the grievance and it is deemed denied. The grievance shall will not be subject to further appeal or reconsideration. f. When a grievant is on approved leave the time limits established in this procedure shall will be suspended for the period of the leave. g. No grievance shall will be finally dismissed for an unexcused failure to appear at a scheduled hearing unless the grievant had been given twenty-four 24 hours advance notice of the hearing. h. POA agrees to pursue all claims of violation of this MOU through the Grievance Procedure. Resort to other remedies will not be pursued until all steps of the grievance procedure have been exhausted. If POA reasonably feels that an employee has suffered immediate and irreparable harm, City and POA agree that POA may directly contact the Mayor or their designee, the Human Resource Director, to seek a resolution prior to pursuing remedies outside City. Contacting the Mayor or their designee, the Human Resource Director, will be considered to exhaust the Grievance Procedure in these cases.

Appears in 1 contract

Samples: Memorandum of Understanding

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