Written Grievance. If the grievance is not resolved at Step 1, the home care worker and/or Union representative shall set forth the grievance in writing including a statement of the pertinent facts surrounding the grievance, the date on which the incident occurred, the alleged violations of the Agreement, and the specific remedy requested. The written grievance shall be submitted to the Employer within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall be submitted by email to xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer or the Employer's designee shall meet with the grievant and their Union representative within fourteen (14) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains unresolved, the Employer will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email no later than fourteen (14) calendar days of receipt by the Union of the emailed response from the Employer in Step 2. The party receiving the request for mediation must notify the other party by email within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the dispute. If the party receiving the request does not agree to mediate the dispute, the Union may, within fourteen (14) calendar days of the email notification of the decision not to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party's appointed representatives. If the issue is successfully resolved by mediation, the decision shall be binding on all parties, and shall, unless specifically agreed otherwise, form a precedent for similar issues. If the issue is not successfully resolved through mediation, the Union may, within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitration.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Written Grievance. If the grievance is not resolved at Step 1, the home care worker and/or Union representative shall set forth the grievance in writing including a statement of the pertinent facts surrounding the grievance, the date on which the incident occurred, the alleged violations of the Agreement, and the specific remedy requested. The written grievance shall be submitted to the Employer within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance Individual Provider grievances shall be submitted by email to xxxxx.xxxxxxxxx@xxx.xx.xxx. Grievances as a result of employment or actions with the Consumer Directed Employer will be processed with the contact information provided in Step 1. The Employer or the Employer's designee shall meet with the grievant and their Union representative within fourteen (14) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains unresolved, the Employer will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email no later than fourteen (14) calendar days of receipt by the Union of the emailed response from the Employer in Step 2. The party receiving the request for mediation must notify the other party by email within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the dispute. If the party receiving the request does not agree to mediate the dispute, the Union may, within fourteen (14) calendar days of the email notification of the decision not to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party's appointed representatives. If the issue is successfully resolved by mediation, the decision shall be binding on all parties, and shall, unless specifically agreed otherwise, form a precedent for similar issues. If the issue is not successfully resolved through mediation, the Union may, within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitration.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Written Grievance. If the grievance is not resolved at Step 1, in the home care worker and/or Union representative shall set forth informal conference and the grievance in writing including a statement of the pertinent facts surrounding grievant(s) wish to continue to pursue the grievance, it shall be reduced to writing and presented to the date on which immediate supervisor within ten (10) calendar days of the incident occurred, giving rise to the grievance. All written grievances shall include:
(a) The date(s) when the alleged violations violation occurred and a brief statement of facts;
(b) What section(s) of the Agreement, and contract have allegedly been violated;
(c) What adjustment is requested;
(d) The signature of the specific remedy requested. grievant and/or appropriate Union official.
Step 1 The written grievance must be presented to and discussed with the immediate supervisor by the employee and/or no more than two (2) Union representatives. Within ten (10) calendar days after receiving the written grievance, the supervisor shall communicate his/her decision in writing to the Union.
Step 2 If the Step 1 decision is not satisfactory, the Union may appeal the grievance to the Superintendent or his/her designee. Such appeal shall be submitted made within ten (10) calendar days from receipt of the supervisor's decision. The appeal shall include a copy of the written grievance accompanied by copies of previous decisions. Within ten (10) calendar days after delivery of the appeal, the Superintendent or his/her designee shall hold a conference, investigate the grievance, and shall communicate a decision in writing to the Employer Union.
Step 3 If the Step 2 decision is not satisfactory, the grievance shall be presented to the Board of Education within ten (10) calendar days of receipt of the Step 2 decision. Within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall be submitted by email to xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer or the Employer's designee shall meet with the grievant and their Union representative within fourteen (14) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains unresolved, the Employer will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Board of Education or its representative shall convene a hearing with the grievant(s) and the Union may, Representative(s). The Board of Education or its representative shall render a written decision to the grievant(s) and the Union within fourteen ten (1410) calendar days after the hearing.
Step 4 If the grievance remains unresolved at the conclusion of Step 3, it may be submitted to binding arbitration at the request of the Union, provided written notice of the request is delivered to the Superintendent within twenty (20) calendar days after the receipt of the response, proceed Board of Education’s written decision under Step 3.
(a) Following the written notice of request to Step 4, Arbitration. As an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email no later than fourteen (14) calendar days of receipt by the Union of the emailed response from the Employer in Step 2. The party receiving the request for mediation must notify the other party by email within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the dispute. If the party receiving the request does not agree to mediate the disputearbitration, the Union may, within fourteen (14) calendar days and the Board or its representatives shall attempt to select an arbitrator. If mutual agreement of the email notification selection of the decision an arbitrator cannot to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party's appointed representatives. If the issue is successfully resolved by mediation, the decision shall be binding on all parties, and shall, unless specifically agreed otherwise, form a precedent for similar issues. If the issue is not successfully resolved through mediation, the Union may, reached within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitration.fifteen
Appears in 5 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Written Grievance. If the grievance is not resolved at Step 1, the home care worker and/or Union representative shall set forth the grievance in writing including a statement of the pertinent facts surrounding the grievance, the date on which the incident occurred, the alleged violations of the Agreement, and the specific remedy requested. The written grievance shall be submitted to the Employer within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall be submitted by email to xxxxx.xxxxxxxxx@xxx.xx.xxxemail. The Employer or the Employer's designee shall meet with the grievant and their his or her Union representative within fourteen (14) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains unresolved, the Employer will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email no later than fourteen (14) calendar days of receipt by the Union of the emailed response from the Employer in Step 2. The party receiving the request for mediation must notify the other party by email within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the dispute. If the party receiving the request does not agree to mediate the dispute, the Union may, within fourteen (14) calendar days of the email notification of the decision not to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-one half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party's appointed representatives. If the issue is successfully resolved by mediation, the decision shall be binding on all parties, and shall, unless specifically agreed otherwise, form a precedent for similar issues. If the issue is not successfully resolved through mediation, the Union may, within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitration.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Written Grievance. If the grievance is not resolved at Step 1, the home care worker and/or Union representative shall set forth the grievance in writing including a statement of the pertinent facts surrounding the grievance, the date on which the incident occurred, the alleged violations of the Agreement, and the specific remedy requested. The written grievance shall be submitted to the Employer within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall be submitted by email to xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer or the Employer's designee shall meet with the grievant and their his or her Union representative within fourteen (14) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains unresolved, the Employer will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email no later than fourteen (14) calendar days of receipt by the Union of the emailed response from the Employer in Step 2. The party receiving the request for mediation must notify the other party by email within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the dispute. If the party receiving the request does not agree to mediate the dispute, the Union may, within fourteen (14) calendar days of the email notification of the decision not to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party's appointed representatives. If the issue is successfully resolved by mediation, the decision shall be binding on all parties, and shall, unless specifically agreed otherwise, form a precedent for similar issues. If the issue is not successfully resolved through mediation, the Union may, within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitration.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Written Grievance. If the grievance is not resolved at Step 1, the home care worker and/or Union AFHC representative shall set forth the grievance in writing including a statement summary of the pertinent facts surrounding the grievance, the date on or time period in which the incident occurred, the alleged violations of the Agreement, and the specific remedy requestedan appropriate remedy. The written grievance shall be submitted to the Employer State within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker provider or the Union AFHC could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall will be submitted by the AFHC by email to OFM State Human Resources Labor Relations Section at xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer State or the Employer's State’s designee shall meet with the grievant and their Union AFHC representative within fourteen thirty (1430) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains should remain unresolved, the Employer State will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union AFHC may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As If the matter is not resolved in Step 2 and as an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter mutually agree to mediation in order to resolve the issue. The party requesting initiating a mediation of the dispute request must notify the other party by email no later than in writing within fourteen (14) calendar days of receipt by the Union of AFHC receiving the emailed response from the Employer in State’s written Step 22 response. The party receiving the request for mediation must notify the other party by email of whether they agree to mediation or not within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the disputenotification. If the party receiving the request for mediation does not agree to mediate mediation or does not respond within the disputenotification period, the Union mayAFHC may proceed to Step 4, Arbitration, within fourteen (14) calendar days of the email receiving notification of the decision not to mediate, proceed to Step 4, Arbitrationmediate or within fourteen (14) days of the end of the notification period if the other party does not respond. If the parties agree to mediation, they the parties shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person or virtual platform to attempt to resolve the issue. The parties shall each pay one-one half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, costs including the costs of representation, advocacy advocacy, attorney’s fees and the costs of that each party's ’s appointed representatives. If the issue is successfully resolved by mediation, the decision agreement shall be signed and binding on all parties, and shall, unless specifically agreed otherwise, will not form a precedent for similar issuesunless agreed to in writing by both parties. If the issue is not successfully resolved through mediation, the Union AFHC may, within fourteen thirty (1430) calendar days of receipt the conclusion of a written declaration of impasse or rejection of a settlement offer from either partymediation, proceed to Step 4, Arbitration. Conclusion of the mediation will be confirmed in writing. The proceedings of any mediation will not be reported or recorded in any manner, except for agreements that may be reached by the parties during the course of the mediation or meeting. Statements made by the mediator, or by or to any party or other participant in the mediation may not later be introduced as evidence, may not be made known to an arbitrator or hearings examiner at a hearing, or may not be construed for any purpose as an admission against interest, unless they are independently admissible.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Written Grievance. 1) If the grievance is not resolved settled at the Assistant Chief level and the grievant wishes to appeal the grievance, they must submit it to the Fire Chief within fourteen (14) calendar days after the Assistant Chief’s answer. The Fire Chief must render a written decision within fourteen (14) calendar days after the receipt of the grievance.
2) If the grievance is not settled at Section 11.1.2, Step 1) and the grievant wishes to appeal the grievance, they must submit it to the home care worker Township Administrator within seven (7) calendar days after the Fire Chief’s answer. The Township Administrator must render a written decision within seven (7) calendar days after the receipt of the grievance.
3) If the grievance is not settled at Section 11.1.2 Step 2) and the grievant wishes to appeal the grievance, they must notify the Township Administrator within fourteen (14) calendar days. Mediation will be attended by designees from both Parties. It is understood that the mediation is non-binding and may be eliminated upon mutual agreement of both parties. The grievant and/or the grievant’s designated Union representative shall set forth be released from duty with pay during the hours of the scheduled mediation, to attend the mediation on-duty when scheduled to work during the mediation.
4) If the grievance in writing including a statement of is not settled at Section 11.1.2 Step 3) and the pertinent facts surrounding grievant wishes to appeal the grievance, they must advance the date on which grievance to the incident occurredTownship Trustees in writing, within seven (7) calendar days after the alleged violations Mediation is Complete. Neither the grievant nor the Union is required to attend the Trustees’ meeting when the Trustees consider the grievance. The Trustees must render a written decision at the second regular Trustees’ meeting after the receipt of the Agreement, grievance.
5) If the grievance is not settled at Section 11.1.2 Step 4) and the specific remedy requested. The grievant wishes to have an arbitrator settle the grievance, they must provide written grievance shall be submitted notification to the Employer Township Administrator and request arbitration services from the American Arbitration Association within thirty (30) calendar days after the Board of Trustees have rendered their initial resolution. Those grievances that cannot be settled except by the occurrence of the alleged violation or within thirty (30Chief may be started at Section 11.1.2, Step 1) calendar days of when the home care worker or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall be submitted by email to xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer or the Employer's designee shall meet with the grievant and their Union representative within fourteen (14) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains unresolved, the Employer will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email no later than fourteen (14) calendar days of receipt by the Union of the emailed response from the Employer in Step 2. The party receiving the request for mediation must notify the other party by email within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the dispute. If the party receiving the request does not agree to mediate the dispute, the Union may, within fourteen (14) calendar days of the email notification of the decision not to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, including the costs of representation, advocacy management and the costs of that party's appointed representatives. If the issue is successfully resolved by mediation, the decision shall be binding on all parties, and shall, unless specifically agreed otherwise, form a precedent for similar issues. If the issue is not successfully resolved through mediation, the Union may, within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitrationunion.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Written Grievance. If the grievance is not resolved at Step 1, the home care worker and/or Union representative shall set forth the grievance in writing including a statement of the pertinent facts surrounding the grievance, the date on which the incident occurred, the alleged violations of the Agreement, and the specific remedy requested. The written grievance shall be submitted to the Employer within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall be submitted by email to xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer or the Employer's designee shall meet with the grievant and their his or her Union representative within fourteen (14) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains unresolved, the Employer will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email no later than fourteen (14) calendar days of receipt by the Union of the emailed response from the Employer in Step 2. The party receiving the request for mediation must notify the other party by email within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the dispute. If the party receiving the request does not agree to mediate the dispute, the Union may, within fourteen (14) calendar days of the email notification of the decision not to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-one half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party's appointed representatives. If the issue is successfully resolved by mediation, the decision shall be binding on all parties, and shall, unless specifically agreed otherwise, form a precedent for similar issues. If the issue is not successfully resolved through mediation, the Union may, within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitration.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Written Grievance. If the grievance is not resolved at Step 1, the home care worker and/or Union WSRCC representative shall set forth the grievance in writing including a statement summary of the pertinent facts surrounding the grievance, the date on or time period in which the incident occurred, the alleged violations of the Agreement, and the specific remedy requestedan appropriate remedy. The written grievance shall be submitted to the Employer within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker provider or the Union WSRCC could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall may be submitted by the WSRCC in person, by email to xxxxx.xxxxxxxxx@xxx.xx.xxxor by fax. The Employer or the Employer's ’s designee shall meet with the grievant and their Union his/her WSRCC representative within fourteen thirty (1430) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains should remain unresolved, the Employer will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union WSRCC may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As If the matter is not resolved in Step 2 and as an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email in writing no later than fourteen (14) calendar days of receipt by the Union WSRCC of the emailed written response from the Employer in Step 2. The party receiving the request for mediation must notify the other party by email of its agreement to mediate the dispute within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the disputerequest. If the party receiving the request does not agree to mediate the dispute, the Union WSRCC may, within fourteen (14) calendar days of the email notification of the decision not to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they the parties shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-one half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, costs including the costs of representation, advocacy advocacy, attorney’s fees and the costs of that each party's ’s appointed representatives. If the issue is successfully resolved by mediation, the decision agreement shall be signed and binding on all parties, and shall, unless specifically agreed otherwise, will not form a precedent for similar issuesunless agreed to in writing by both parties. If the issue is not successfully resolved through mediation, the Union WSRCC may, within fourteen thirty (1430) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either partythe mediation session, proceed to Step 4, Arbitration. The proceedings of any mediation will not be reported or recorded in any manner, except for agreements that may be reached by the parties during the course of the mediation or meeting. Statements made by the mediator, or by or to any party or other participant in the mediation may not later be introduced as evidence, may not be made known to an arbitrator or hearings examiner at a hearing, or may not be construed for any purpose as an admission against interest, unless they are independently admissible.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Written Grievance. If the grievance is not resolved at Step 1, the home care worker and/or Union AFHC representative shall set forth the grievance in writing including a statement summary of the pertinent facts surrounding the grievance, the date on or time period in which the incident occurred, the alleged violations of the Agreement, and the specific remedy requestedan appropriate remedy. The written grievance shall be submitted to the Employer State within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker provider or the Union AFHC could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall will be submitted by the AFHC by email to OFM State Human Resources Labor Relations Section at xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer State or the Employer's State’s designee shall meet with the grievant and their Union AFHC representative within fourteen thirty (1430) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains should remain unresolved, the Employer State will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union AFHC may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As If the matter is not resolved in Step 2 and as an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter mutually agree to mediation in order to resolve the issue. The party requesting initiating a mediation of the dispute request must notify the other party by email no later than in writing within fourteen (14) calendar days of receipt by the Union of AFHC receiving the emailed State’s written response from the Employer in Step 22 response. The party receiving the request for mediation must notify the other party by email of whether they agree to mediation or not within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the disputenotification. If the party receiving the request for mediation does not agree to mediate mediation or does not respond within the disputenotification period, the Union mayAFHC may proceed to Step 4, Arbitration, within fourteen (14) calendar days of the email receiving notification of the decision not to mediate, proceed to Step 4, Arbitrationmediate or within fourteen (14) days of the end of the notification period if the other party does not respond. If the parties agree to mediation, they the parties shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-one half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, costs including the costs of representation, advocacy advocacy, attorney’s fees and the costs of that each party's ’s appointed representatives. If the issue is successfully resolved by mediation, the decision agreement shall be signed and binding on all parties, and shall, unless specifically agreed otherwise, will not form a precedent for similar issuesunless agreed to in writing by both parties. If the issue is not successfully resolved through mediation, the Union AFHC may, within fourteen thirty (1430) calendar days of receipt the conclusion of a written declaration of impasse or rejection of a settlement offer from either partymediation, proceed to Step 4, Arbitration. Conclusion of the mediation will be confirmed in writing. The proceedings of any mediation will not be reported or recorded in any manner, except for agreements that may be reached by the parties during the course of the mediation or meeting. Statements made by the mediator, or by or to any party or other participant in the mediation may not later be introduced as evidence, may not be made known to an arbitrator or hearings examiner at a hearing, or may not be construed for any purpose as an admission against interest, unless they are independently admissible.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Written Grievance. If the grievance is not resolved at Step 1, the home care worker and/or Union representative shall set forth the grievance in writing including a statement of the pertinent facts surrounding the grievance, the date on which the incident occurred, the alleged violations of the Agreement, and the specific remedy requested. The written grievance shall be submitted to the Employer within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. Individual Provider grievances shall be The written grievance shall be submitted by email to xxxxx.xxxxxxxxx@xxx.xx.xxx. Grievances as a result of employment or actions with the Consumer Directed Employer will be processed with the contact information provided in Step 1. The Employer or the Employer's designee shall meet with the grievant and their Union representative within fourteen (14) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains unresolved, the Employer will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email no later than fourteen (14) calendar days of receipt by the Union of the emailed response from the Employer in Step 2. The party receiving the request for mediation must notify the other party by email within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the dispute. If the party receiving the request does not agree to mediate the dispute, the Union may, within fourteen (14) calendar days of the email notification of the decision not to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party's appointed representatives. If the issue is successfully resolved by mediation, the decision shall be binding on all parties, and shall, unless specifically agreed otherwise, form a precedent for similar issues. If the issue is not successfully resolved through mediation, the Union may, within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitration.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Written Grievance. If the grievance is not resolved at Step 1, the home care worker and/or Union WSRCC representative shall set forth the grievance in writing including a statement summary of the pertinent facts surrounding the grievance, the date on or time period in which the incident occurred, the alleged violations of the Agreement, and the specific remedy requestedan appropriate remedy. The written grievance shall be submitted to the Employer within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker provider or the Union WSRCC could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall will be submitted by the WSRCC by email to xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer or the Employer's ’s designee shall meet with the grievant and their Union his/her WSRCC representative within fourteen thirty (1430) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains should remain unresolved, the Employer will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union WSRCC may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As If the matter is not resolved in Step 2 and as an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email in writing no later than fourteen (14) calendar days of receipt by the Union WSRCC of the emailed written response from the Employer in Step 2. The party receiving the request for mediation must notify the other party by email of its agreement to mediate the dispute within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the disputerequest. If the party receiving the request does not agree to mediate the dispute, the Union WSRCC may, within fourteen (14) calendar days of the email notification of the decision not to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they the parties shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-one half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, costs including the costs of representation, advocacy advocacy, attorney’s fees and the costs of that each party's ’s appointed representatives. If the issue is successfully resolved by mediation, the decision agreement shall be signed and binding on all parties, and shall, unless specifically agreed otherwise, will not form a precedent for similar issuesunless agreed to in writing by both parties. If the issue is not successfully resolved through mediation, the Union WSRCC may, within fourteen thirty (1430) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either partythe mediation session, proceed to Step 4, Arbitration. The proceedings of any mediation will not be reported or recorded in any manner, except for agreements that may be reached by the parties during the course of the mediation or meeting. Statements made by the mediator, or by or to any party or other participant in the mediation may not later be introduced as evidence, may not be made known to an arbitrator or hearings examiner at a hearing, or may not be construed for any purpose as an admission against interest, unless they are independently admissible.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Written Grievance. If the grievance is not resolved at Step 1, the home care worker and/or Union AFHC representative shall set forth the grievance in writing including a statement summary of the pertinent facts surrounding the grievance, the date on or time period in which the incident occurred, the alleged violations of the Agreement, and the specific remedy requestedan appropriate remedy. The written grievance shall be submitted to the Employer State within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker provider or the Union AFHC could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall will be submitted by the AFHC by email to OFM State Human Resources Labor Relations Section at xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer State or the Employer's State’s designee shall meet with the grievant and their Union his/her AFHC representative within fourteen thirty (1430) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains should remain unresolved, the Employer State will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union AFHC may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As If the matter is not resolved in Step 2 and as an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email in writing no later than fourteen (14) calendar days of receipt by the Union AFHC of the emailed written response from the Employer State in Step 2. The party receiving the request for mediation must notify the other party by email of its agreement to mediate the dispute within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the disputerequest. If the party receiving the request does not agree to mediate the dispute, the Union AFHC may, within fourteen (14) calendar days of the email notification of the decision not to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they the parties shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-one half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, costs including the costs of representation, advocacy advocacy, attorney’s fees and the costs of that each party's ’s appointed representatives. representatives. If the issue is successfully resolved by mediation, the decision agreement shall be signed and binding on all parties, and shall, unless specifically agreed otherwise, will not form a precedent for similar issuesunless agreed to in writing by both parties. If the issue is not successfully resolved through mediation, the Union AFHC may, within fourteen thirty (1430) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either partythe mediation session, proceed to Step 4, Arbitration. The proceedings of any mediation will not be reported or recorded in any manner, except for agreements that may be reached by the parties during the course of the mediation or meeting. Statements made by the mediator, or by or to any party or other participant in the mediation may not later be introduced as evidence, may not be made known to an arbitrator or hearings examiner at a hearing, or may not be construed for any purpose as an admission against interest, unless they are independently admissible.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Written Grievance. For a grievance to become official and require a written response from the employer, it must be submitted on a form provided by the Superintendent, and shall include the following information: (1) a statement of the grievance and operative facts; (2) the article and section of the agreement allegedly violated; (3) the remedy requested; (4) the aggrieved employee’s signature. All written grievances shall be settled in the following manner:
Step 1: If the grievance is not resolved at Step 1as an oral grievance, the home care worker and/or Union employee or his representative shall set forth submit the grievance in writing including a statement of the pertinent facts surrounding the grievance, the date on which the incident occurred, the alleged violations of the Agreement, and the specific remedy requested. The written grievance shall be submitted an approved form to the Employer Superintendent within thirty (30) calendar five days of the occurrence initial decision. The Superintendent shall conduct a hearing and shall render a written decision within ten working days from the date of the alleged violation receipt of the grievance.
Step 2: If the grievance is not resolved in step one, the employee or his representative may submit an appeal in writing to the Township Administrator within five days of the Superintendent’s decision. If such an appeal is filed, the Administrator shall conduct a hearing within ten working days and shall render a written decision within five working days thereafter.
Step 3: If the grievance is not resolved in step two, the employee or his representative, within ten days from receipt of the Administrator’s response, may appeal the Administrator’s decision by filing written notice with the Fiscal Officer of Xxxxxxxx Township, requesting a hearing by the Board of Township Trustees. The Trustees shall conduct a hearing, at which the President of the Board shall preside, within thirty (30) calendar days of when the home care worker or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall be submitted by email to xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer or the Employer's designee shall meet with the grievant and their Union representative within fourteen (14) calendar days of receipt of the written grievancenotice of appeal, in order and shall render a written decision within thirty days after the hearing and notify the employee of said decision at the same time. If an employee or his representative fails to discuss and resolve comply with the grievance. Subsequent to this meetingprocedure or time limits herein, if the grievance remains unresolved, the Employer will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email no later than fourteen (14) calendar days of receipt by the Union of the emailed response from the Employer in Step 2. The party receiving the request for mediation must notify the other party by email within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the dispute. If the party receiving the request does not agree to mediate the dispute, the Union may, within fourteen (14) calendar days of the email notification of the decision not to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible considered null and void. Thereafter, such grievance shall not be presented for its own costs, including consideration nor be made the costs of representation, advocacy and the costs of that party's appointed representatives. If the issue is successfully resolved by mediation, the decision shall be binding on all parties, and shall, unless specifically agreed basis for any action under this agreement or otherwise, form a precedent for similar issues. If the issue is not successfully resolved through mediation, the Union may, within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Written Grievance. For a grievance to become official and require a written response from the Employer, it must be submitted on a form provided by the Superintendent, and shall include the following information: (1) a statement of the grievance and operative facts; (2) the article and section of the agreement allegedly violated; (3) the remedy requested; (4) the aggrieved employee’s signature. All written grievances shall be settled in the following manner:
Step 1: If the grievance is not resolved at Step 1as an oral grievance, the home care worker and/or Union employee or his representative shall set forth submit the grievance in writing including a statement of the pertinent facts surrounding the grievance, the date on which the incident occurred, the alleged violations of the Agreement, and the specific remedy requested. The written grievance shall be submitted an approved form to the Employer Superintendent within thirty (30) calendar five days of the occurrence initial decision. The Superintendent shall conduct a hearing and shall render a written decision within ten working days from the date of the alleged violation receipt of the grievance.
Step 2: If the grievance is not resolved in step one, the employee or his representative may submit an appeal in writing to the Township Administrator within five days of the Superintendent’s decision. If such an appeal is filed, the Administrator shall conduct a hearing within ten working days and shall render a written decision within five working days thereafter.
Step 3: If the grievance is not resolved in step two, the employee or his representative, within ten days from receipt of the Administrator’s response, may appeal the Administrator’s decision by filing written notice with the Fiscal Officer of Xxxxxxxx Township, requesting a hearing by the Board of Township Trustees. The Trustees shall conduct a hearing, at which the President of the Board shall preside, within thirty (30) calendar days of when the home care worker or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall be submitted by email to xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer or the Employer's designee shall meet with the grievant and their Union representative within fourteen (14) calendar days of receipt of the written grievancenotice of appeal, in order and shall render a written decision within thirty days after the hearing and notify the Employee of said decision at the same time. If an Employee or his representative fails to discuss and resolve comply with the grievance. Subsequent to this meetingprocedure or time limits herein, if the grievance remains unresolved, the Employer will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email no later than fourteen (14) calendar days of receipt by the Union of the emailed response from the Employer in Step 2. The party receiving the request for mediation must notify the other party by email within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the dispute. If the party receiving the request does not agree to mediate the dispute, the Union may, within fourteen (14) calendar days of the email notification of the decision not to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible considered null and void. Thereafter, such grievance shall not be presented for its own costs, including consideration nor be made the costs of representation, advocacy and the costs of that party's appointed representatives. If the issue is successfully resolved by mediation, the decision shall be binding on all parties, and shall, unless specifically agreed basis for any action under this agreement or otherwise, form a precedent for similar issues. If the issue is not successfully resolved through mediation, the Union may, within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Written Grievance. Step 1) The grievant may submit a grievance in writing no later than 7 calendar days after the oral resolution process Step 3 is complete to the grievant's shift supervisor. The shift supervisor must attempt to adjust the grievance at that time and render a written decision within 7 calendar days.
Step 2) If the grievance is not resolved settled at Step 1, 1 and the home care worker and/or Union representative shall set forth the grievance in writing including a statement of the pertinent facts surrounding grievant wishes to appeal the grievance, they must submit it to the date on which the incident occurred, the alleged violations Fire Chief of the AgreementDepartment, within 7 calendar days after the Shift Supervisor's answer. The Fire Chief must render a written decision within 7 calendar days after the receipt of the grievance.
Step 3) If the grievance is not settled at Step 2 and the specific remedy requestedgrievant wishes to appeal the grievance, they must submit it to the Township Administrator, within 7 calendar days after the Fire Chief's answer. The Township Administrator must render a written decision within 7 calendar days after the receipt of the grievance.
Step 4) If the grievance shall be submitted is not settled at Step 3 and the grievant wishes to appeal the grievance, they must submit it to the Employer Township Trustees, within thirty (307 calendar days after the Township Administrator’s answer. The Trustees must render a written decision at the second regular Trustees’ meeting after the receipt of the grievance.
Step 5) If the grievance is arbitrable but is not settled at Step 4 and the grievant wishes to appeal the grievance, they must notify the Trustees within 14 calendar days and request grievance mediation services though the State Employment Relations Board. The Fire Chief will request that a member of the Board of Township Trustees participate in the mediation process. It is understood that mediation is non-binding.
Step 6) If the grievance is arbitrable but is not settled at Step 5 and the grievant wishes to have an arbitrator settle the grievance, they must provide written notification to the Board of Trustees within 14 calendar days of the occurrence end of the alleged violation or within thirty (30) calendar days of when the home care worker or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall be submitted by email to xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer or the Employer's designee shall meet with the grievant and their Union representative within fourteen (14) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains unresolved, the Employer will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email no later than fourteen (14) calendar days of receipt by the Union of the emailed response from the Employer in Step 2. The party receiving the request for mediation must notify the other party by email within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the dispute. If the party receiving the request does not agree to mediate the dispute, the Union may, within fourteen (14) calendar days of the email notification of the decision not to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party's appointed representatives. If the issue is successfully resolved by mediation, the decision shall be binding on all parties, and shall, unless specifically agreed otherwise, form a precedent for similar issues. If the issue is not successfully resolved through mediation, the Union may, within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Written Grievance. If (a) Any regular Policeman having a grievance shall first discuss the grievance with the Mayor. If after such discussion satisfaction is not resolved at Step 1received, the home care worker and/or Union representative shall set forth the Policeman may file his grievance in writing including in a statement form agreed to by the parties. If the committee finds merit in the grievance, it shall follow the grievance to the next step. The following grievance steps shall be as followed:
(i) Within fifteen (15) days from the occurrence of the pertinent facts surrounding the grievance, the date on which the incident occurred, the alleged violations of the Agreement, and the specific remedy requested. The written grievance shall be submitted given to the Employer Mayor, with a copy to the Chief of Police and City Clerk.
(ii) Within seven (7) days thereafter, the same shall be considered in a meeting by the Mayor and Chairman of the grievance committee, and the aggrieved Policeman and/or Policemen.
(iii) Within seven (7) days thereafter, a decision shall be made by the Mayor on the grievance and communicated to the aggrieved Policeman and/or Policemen in the Grievance Committee.
(b) In the event the matter is not resolved as provided hereunder, the matter will be presented to the City Council, who will respond within fifteen (15) days after submission to counsel.
(c) If the matter is not settled to the satisfaction of the aggrieved Policeman and/or Policemen, the Policeman or Policemen shall advise the Grievance Committee. The Grievance Committee and the aggrieved Policeman and/or Policemen shall, subject to those limitations set forth in the attached Bill of Rights, then jointly be entitled to arbitration and, in the event the parties cannot mutually agree on an arbitrator, shall request a list of seven (7) names from the American Arbitration Association. The City and the Union shall then alternate striking names from this list with the parties alternating first strike from grievance to grievance until one arbitrator is left. This arbitrator shall be the arbitrator who presides over the grievance proceeding and issues of the grievance arbitration award. The arbitrator's decision must be rendered within thirty (30) calendar days after the hearing, unless an extension of time is granted. The cost of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance arbitrator shall be submitted by email to xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer or the Employer's designee shall meet with the grievant and their Union representative within fourteen (14) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains unresolved, the Employer will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email no later than fourteen (14) calendar days of receipt shared equally by the Union of the emailed response from the Employer two (2) parties.
(d) The grievance as stated in Step 2. The party receiving the request for mediation must notify arbitration shall constitute the other party sole and exclusive subject matter to be heard by email within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the dispute. If the party receiving the request does not agree to mediate the disputearbitrator, the Union may, within fourteen (14) calendar days of the email notification of the decision not to mediate, proceed to Step 4, Arbitration. If unless the parties agree to mediation, they shall select a neutral mediator. Both parties shall submit a statement of their position on modify the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-half (1/2) the costs or fees, if any, scope of the neutral mediatorhearing. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party's appointed representatives. If the issue is successfully resolved by mediationOtherwise, the decision arbitrator shall be binding on all partiesnot have the power to add to, and shallsubtract from, unless specifically agreed otherwise, form a precedent for similar issues. If modify or amend the issue is not successfully resolved through mediation, the Union may, within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitrationcollective bargaining agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Written Grievance. If the grievance is not resolved at Step 1, the home care worker and/or Union representative shall set forth the grievance in writing including a statement of the pertinent facts surrounding the grievance, the date on which the incident occurred, the alleged violations of the Agreement, and the specific remedy requested. The written grievance shall be submitted to the Employer within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall be submitted by email to xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer or the Employer's designee shall meet with the grievant and their his or her Union representative within fourteen (14) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains unresolved, the Employer will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. Arbitration. As an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email no later than fourteen (14) calendar days of receipt by the Union of the emailed response from the Employer in Step 2. The party receiving the request for mediation must notify the other party by email within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the dispute. If the party receiving the request does not agree to mediate the dispute, the Union may, within fourteen (14) calendar days of the email notification of the decision not to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party's appointed representatives. If the issue is successfully resolved by mediation, the decision shall be binding on all parties, and shall, unless specifically agreed otherwise, form a precedent for similar issues. If the issue is not successfully resolved through mediation, the Union may, within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Written Grievance. If the grievance is not resolved at Step 1, in the home care worker and/or Union representative shall set forth informal conference and the grievance in writing including a statement of the pertinent facts surrounding grievant(s) wish to continue to pursue the grievance, it shall be reduced to writing and presented to the date on which immediate supervisor within ten (10) calendar days of the incident occurred, giving rise to the grievance. All written grievances shall include:
(a) The date(s) when the alleged violations violation occurred and a brief statement of facts;
(b) What section(s) of the Agreement, and contract have allegedly been violated;
(c) What adjustment is requested;
(d) The signature of the specific remedy requested. grievant and/or appropriate Union official.
Step 1 The written grievance must be presented to and discussed with the immediate supervisor by the employee and/or no more than two (2) Union representatives. Within ten (10) calendar days after receiving the written grievance, the supervisor shall communicate his/her decision in writing to the Union.
Step 2 If the Step 1 decision is not satisfactory, the Union may appeal the grievance to the Superintendent or his/her designee. Such appeal shall be submitted made within ten (10) calendar days from receipt of the supervisor's decision. The appeal shall include a copy of the written grievance accompanied by copies of previous decisions. Within ten (10) calendar days after delivery of the appeal, the Superintendent or his/her designee shall hold a conference, investigate the grievance, and shall communicate a decision in writing to the Employer Union.
Step 3 If the Step 2 decision is not satisfactory, the grievance shall be presented to the Board of Education within ten (10) calendar days of receipt of the Step 2 decision. Within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall be submitted by email to xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer or the Employer's designee shall meet with the grievant and their Union representative within fourteen (14) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains unresolved, the Employer will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Board of Education or its representative shall convene a hearing with the grievant(s) and the Union may, Representative(s). The Board of Education or its representative shall render a written decision to the grievant(s) and the Union within fourteen ten (1410) calendar days after the hearing.
Step 4 If the grievance remains unresolved at the conclusion of Step 3, it may be submitted to binding arbitration at the request of the Union, provided written notice of the request is delivered to the Superintendent within twenty (20) calendar days after the receipt of the response, proceed Board of Education’s written decision under Step 3.
(a) Following the written notice of request to Step 4, Arbitration. As an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email no later than fourteen (14) calendar days of receipt by the Union of the emailed response from the Employer in Step 2. The party receiving the request for mediation must notify the other party by email within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the dispute. If the party receiving the request does not agree to mediate the disputearbitration, the Union may, within fourteen (14) calendar days and the Board or its representatives shall attempt to select an arbitrator. If mutual agreement of the email notification selection of the decision an arbitrator cannot to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party's appointed representatives. If the issue is successfully resolved by mediation, the decision shall be binding on all parties, and shall, unless specifically agreed otherwise, form a precedent for similar issues. If the issue is not successfully resolved through mediation, the Union may, reached within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitration.fifteen
Appears in 1 contract
Samples: Master Agreement
Written Grievance. If the grievance is not resolved at Step 1, the home care worker and/or Union AFHC representative shall set forth the grievance in writing including a statement summary of the pertinent facts surrounding the grievance, the date on or time period in which the incident occurred, the alleged violations of the Agreement, and the specific remedy requestedan appropriate remedy. The written grievance shall be submitted to the Employer State within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker provider or the Union AFHC could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall will be submitted by the AFHC by email to OFM State Human Resources Labor Relations Section at xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer State or the Employer's State’s designee shall meet with the grievant and their Union AFHC representative within fourteen thirty (1430) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains should remain unresolved, the Employer State will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union AFHC may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As If the matter is not resolved in Step 2 and as an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter mutually agree to mediation in order to resolve the issue. The party requesting initiating a mediation of the dispute request must notify the other party by email no later than in writing within fourteen (14) calendar days of receipt by the Union of AFHC receiving the emailed State’s written response from the Employer in Step 22 response. The party receiving the request for mediation must notify the other party by email of whether they agree to mediation or not within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the disputenotification. If the party receiving the request for mediation does not agree to mediate mediation or does not respond within the disputenotification period, the Union mayAFHC may proceed to Step 4, Arbitration, within fourteen (14) calendar days of the email receiving notification of the decision not to mediate, proceed to Step 4, Arbitration. If mediate or within fourteen (14) days of the parties agree to mediation, they shall select a neutral mediator. Both parties shall submit a statement end of their position on the issue. The mediator may also bring notification period if the parties together in person to attempt to resolve the issueother party does not respond. The parties shall each pay one-one half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, costs including the costs of representation, advocacy advocacy, attorney’s fees and the costs of that each party's ’s appointed representatives. If The proceedings of any mediation will not be reported or recorded in any manner, except for agreements that may be reached by the issue is successfully resolved parties during the course of the mediation or meeting. Statements made by mediationthe mediator, or by or to any party or other participant in the decision shall mediation may not later be binding on all partiesintroduced as evidence, and shallmay not be made known to an arbitrator or hearings examiner at a hearing, or may not be construed for any purpose as an admission against interest, unless specifically agreed otherwise, form a precedent for similar issues. If the issue is not successfully resolved through mediation, the Union may, within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitrationthey are independently admissible.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Written Grievance. If the grievance is not resolved at Step 1, the home care worker and/or Union AFHC representative shall set forth the grievance in writing including a statement summary of the pertinent facts surrounding the grievance, the date on or time period in which the incident occurred, the alleged violations of the Agreement, and the specific remedy requested. an appropriate remedy. The written grievance shall be submitted to the Employer State within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker provider or the Union AFHC could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall will be submitted by the AFHC by email to OFM State Human Resources Labor Relations Section at xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer State or the Employer's State’s designee shall meet with the grievant and their Union AFHC representative within fourteen thirty (1430) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains should remain unresolved, the Employer State will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union AFHC may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As Arbitration. If the matter is not resolved in Step 2 and as an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter mutually agree to mediation in order to resolve the issue. The party requesting initiating a mediation of the dispute request must notify the other party by email no later than in writing within fourteen (14) calendar days of receipt by the Union of AFHC receiving the emailed response from the Employer in State’s written Step 22 response. The party receiving the request for mediation must notify the other party by email of whether they agree to mediation or not within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the disputenotification. If the party receiving the request for mediation does not agree to mediate mediation or does not respond within the disputenotification period, the Union mayAFHC may proceed to Step 4, Arbitration, within fourteen (14) calendar days of the email receiving notification of the decision not to mediate, proceed to Step 4, Arbitration. mediate or within fourteen (14) days of the end of the notification period if the other party does not respond. If the parties agree to mediation, they the parties shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person or virtual platform to attempt to resolve the issue. The parties shall each pay one-one half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, costs including the costs of representation, advocacy advocacy, attorney’s fees and the costs of that each party's ’s appointed representatives. If the issue is successfully resolved by mediation, the decision agreement shall be signed and binding on all parties, and shall, unless specifically agreed otherwise, will not form a precedent for similar issuesunless agreed to in writing by both parties. If the issue is not successfully resolved through mediation, the Union AFHC may, within fourteen thirty (1430) calendar days of receipt the conclusion of a written declaration of impasse or rejection of a settlement offer from either partymediation, proceed to Step 4, Arbitration. Conclusion of the mediation will be confirmed in writing. The proceedings of any mediation will not be reported or recorded in any manner, except for agreements that may be reached by the parties during the course of the mediation or meeting. Statements made by the mediator, or by or to any party or other participant in the mediation may not later be introduced as evidence, may not be made known to an arbitrator or hearings examiner at a hearing, or may not be construed for any purpose as an admission against interest, unless they are independently admissible.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Written Grievance. If the grievance is not resolved at Step 1, in the home care worker and/or Union representative shall set forth informal conference and the grievance in writing including a statement of the pertinent facts surrounding grievant(s) wish to continue to pursue the grievance, it shall be reduced to writing and presented to the date on which immediate supervisor within ten (10) calendar days of the incident occurred, giving rise to the grievance. All written grievances shall include:
(a) The date(s) when the alleged violations violation occurred and a brief statement of facts;
(b) What section(s) of the Agreement, and contract have allegedly been violated;
(c) What adjustment is requested;
(d) The signature of the specific remedy requested. grievant and/or appropriate Union official.
Step 1 The written grievance must be presented to and discussed with the immediate supervisor by the employee and/or no more than two (2) Union representatives. Within ten (10) calendar days after receiving the written grievance, the supervisor shall communicate his/her decision in writing to the Union.
Step 2 If the Step 1 decision is not satisfactory, the Union may appeal the grievance to the Superintendent or his/her designee. Such appeal shall be submitted made within ten (10) calendar days from receipt of the supervisor's decision. The appeal shall include a copy of the written grievance accompanied by copies of previous decisions. Within ten (10) calendar days after delivery of the appeal, the Superintendent or his/her designee shall hold a conference, investigate the grievance, and shall communicate a decision in writing to the Employer Union.
Step 3 If the Step 2 decision is not satisfactory, the grievance shall be presented to the Board of Education within ten (10) calendar days of receipt of the Step 2 decision. Within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall be submitted by email to xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer or the Employer's designee shall meet with the grievant and their Union representative within fourteen (14) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains unresolved, the Employer will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Board of Education or its representative shall convene a hearing with the grievant(s) and the Union may, Representative(s). The Board of Education or its representative shall render a written decision to the grievant(s) and the Union within fourteen ten (1410) calendar days after the hearing.
Step 4 If the grievance remains unresolved at the conclusion of Step 3, it may be submitted to binding arbitration at the request of the Union, provided written notice of the request is delivered to the Superintendent within twenty (20) calendar days after the receipt of the response, proceed Board of Education=s written decision under Step 3.
(a) Following the written notice of request to Step 4, Arbitration. As an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email no later than fourteen (14) calendar days of receipt by the Union of the emailed response from the Employer in Step 2. The party receiving the request for mediation must notify the other party by email within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the dispute. If the party receiving the request does not agree to mediate the disputearbitration, the Union may, within fourteen (14) calendar days and the Board or its representatives shall attempt to select an arbitrator. If mutual agreement of the email notification selection of the decision an arbitrator cannot to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party's appointed representatives. If the issue is successfully resolved by mediation, the decision shall be binding on all parties, and shall, unless specifically agreed otherwise, form a precedent for similar issues. If the issue is not successfully resolved through mediation, the Union may, reached within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitration.fifteen
Appears in 1 contract
Samples: Master Agreement
Written Grievance. If the grievance is not resolved at Step 1, the home care worker and/or Union representative shall set forth the grievance in writing including the identity of any affected grievant(s) if known by the Union, a statement of the pertinent facts surrounding the grievance, the date on which the incident occurred, the alleged violations of the Agreement, and the specific remedy requested. The provision of identities of affected individuals in the grievance is without prejudice to which IPs are ultimately covered by the grievance. The written grievance shall be submitted to the Employer within thirty forty-five (3045) calendar days of the occurrence of the alleged violation or within thirty forty-five (3045) calendar days of when the home care worker or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance Individual Provider grievances shall be submitted by email to xxxxx.xxxxxxxxx@xxx.xx.xxxXxxxxXXXX@xxxxxxxxxxxxxxxxxx.xxx. The Employer or the Employer's designee shall meet with the grievant and their Union representative within fourteen (14) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains unresolved, the Employer will provide a written response to the grievance by email within fourteen twenty-one (1421) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email no later than fourteen (14) calendar days of receipt by the Union of the emailed response from the Employer in Step 2. The party receiving the request for mediation must notify the other party by email within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the dispute. If the party receiving the request does not agree to mediate the dispute, the Union may, within fourteen (14) calendar days of the email notification of the decision not to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party's appointed representatives. If the issue is successfully resolved by mediation, the decision shall be binding on all parties, and shall, unless specifically agreed otherwise, form a precedent for similar issues. If the issue is not successfully resolved through mediation, the Union may, within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Written Grievance. 14 If the grievance is not resolved at Step 1, the home care worker and/or Union AFHC representative shall set forth 15 the grievance in writing including a statement summary of the pertinent facts surrounding the 16 grievance, the date on or time period in which the incident occurred, the alleged 17 violations of the Agreement, and the specific remedy requestedan appropriate remedy. 18 The written grievance shall be submitted to the Employer State within thirty (30) calendar days of the 19 occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker provider 20 or the Union AFHC could reasonably have been aware of the incident or occurrence giving 21 rise to the grievance. The written grievance shall will be submitted by the AFHC by 22 email to OFM State Human Resources Labor Relations Section at 23 xxxxx.xxxxxxxxx@xxx.xx.xxx. 24 The Employer State or the Employer's State’s designee shall meet with the grievant and their Union AFHC 25 representative within fourteen thirty (1430) calendar days of receipt of the written grievance, in order to 1 discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains 2 should remain unresolved, the Employer State will provide a written response to the grievance by email 3 within fourteen (14) calendar days from the date the parties met to discuss the grievance. If 4 the response does not resolve the grievance, the Union AFHC may, within fourteen (14) calendar 5 days of receipt of the response, proceed to Step 4, Arbitration. As an alternative prior to final and binding arbitration in 6 Step 4, if 3. (Optional) Mediation 7 If the matter is not resolved in Step 2 and as an alternative prior to final and binding 8 arbitration in Step 4, the parties may choose by mutual agreement to submit the matter mutually agree to mediation in order to resolve 9 the issue. The party requesting initiating a mediation of the dispute request must notify the other party by email no later than in 10 writing within fourteen (14) calendar days of receipt by the Union of AFHC receiving the emailed response from the Employer in State’s written Step 22 11 response. The party receiving the request for mediation must notify the other party by email 12 of whether they agree to mediation or not within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the dispute13 notification. If the party receiving the request for mediation does not agree to mediate 14 mediation or does not respond within the disputenotification period, the Union mayAFHC may 15 proceed to Step 4, Arbitration, within fourteen (14) calendar days of the email receiving notification 16 of the decision not to mediate, proceed to Step 4, Arbitrationmediate or within fourteen (14) days of the end of the 17 notification period if the other party does not respond. 18 If the parties agree to mediation, they the parties shall select a neutral mediator. Both 19 parties shall submit a statement of their position on the issue. The mediator may 20 also bring the parties together in person or virtual platform to attempt to resolve the 21 issue. The parties shall each pay one-half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party's appointed representatives. If the issue is successfully resolved by mediation, the decision shall be binding on all parties, and shall, unless specifically agreed otherwise, form a precedent for similar issues. If the issue is not successfully resolved through mediation, the Union may, within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Written Grievance. If the grievance is not resolved at Step 1, the home care worker and/or Union AFHC representative shall set forth the grievance in writing including a statement summary of the pertinent facts surrounding the grievance, the date on or time period in which the incident occurred, the alleged violations of the Agreement, and the specific remedy requestedan appropriate remedy. The written grievance shall be submitted to the Employer State within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker provider or the Union AFHC could reasonably have been aware of the incident or occurrence giving rise to the grievance. The written grievance shall will be submitted by the AFHC by email to OFM State Human Resources Labor Relations Section at xxxxx.xxxxxxxxx@xxx.xx.xxx. The Employer State or the Employer's State’s designee shall meet with the grievant and their Union his/her AFHC representative within fourteen thirty (1430) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains should remain unresolved, the Employer State will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union AFHC may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. As If the matter is not resolved in Step 2 and as an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email in writing no later than fourteen (14) calendar days of receipt by the Union AFHC of the emailed written response from the Employer State in Step 2. The party receiving the request for mediation must notify the other party by email of its agreement to mediate the dispute within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the disputerequest. If the party receiving the request does not agree to mediate the dispute, the Union AFHC may, within fourteen (14) calendar days of the email notification of the decision not to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they the parties shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-one half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, costs including the costs of representation, advocacy advocacy, attorney’s fees and the costs of that each party's ’s appointed representatives. If the issue is successfully resolved by mediation, the decision agreement shall be signed and binding on all parties, and shall, unless specifically agreed otherwise, will not form a precedent for similar issuesunless agreed to in writing by both parties. If the issue is not successfully resolved through mediation, the Union AFHC may, within fourteen thirty (1430) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either partythe mediation session, proceed to Step 4, Arbitration. The proceedings of any mediation will not be reported or recorded in any manner, except for agreements that may be reached by the parties during the course of the mediation or meeting. Statements made by the mediator, or by or to any party or other participant in the mediation may not later be introduced as evidence, may not be made known to an arbitrator or hearings examiner at a hearing, or may not be construed for any purpose as an admission against interest, unless they are independently admissible.
Appears in 1 contract
Samples: Collective Bargaining Agreement