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. Step 3. (Optional) Mediation 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. Step 3. (Optional) Mediation 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, Service Employees International Union 775, 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.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. Step 3. (Optional) Mediation 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. Step 3. (Optional) Mediation 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. Step 3. (Optional) Mediation 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 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 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. Step 3. (Optional) Mediation 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. Step 3. (Optional) Mediation 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, Tentative 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. Step 3. (Optional) Mediation 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 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. Step 3. (Optional) Mediation 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. Step 3. (Optional) Mediation 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 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. Step 3. (Optional) Mediation 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, 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. Arbitration. Step 3. (Optional) Mediation 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, 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, 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. Step 3. (Optional) Mediation 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: adultfamilyhomecouncil.org
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. Step 3. (Optional) Mediation 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, 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. Step 3. (Optional) Mediation 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: ofm.wa.gov