|
Table of Contents
ARTICLE 12
GRIEVANCE PROCEDURE
12.1 Purpose
a. This grievance procedure shall be used to process and
resolve grievances arising under this Agreement and employment-related
complaints.
b.
The purposes of this procedure are:
(1)
To resolve grievances informally at the lowest possible level;
(2)
To provide an orderly procedure for reviewing and resolving grievances and
complaints promptly.
12.2 Definitions
a. A grievance is a dispute of one or more employees, or a
dispute between the State and PECG, involving the interpretation, application,
or enforcement of the express terms of this Agreement.
b.
A complaint is a dispute of one or more employees or PECG involving the
application or interpretation of a written rule or policy not covered by this
Agreement and not under the jurisdiction of the SPB. Complaints shall only be
processed as far as the department head or designee.
c.
As used in this procedure, the term “immediate supervisor” means the individual
identified by the department head.
d.
As used in this procedure, the term “party” means PECG or employee, or the
State.
e.
A “PECG representative” refers to an employee designated as a PECG steward or a
paid staff representative.
12.3 Time Limits
Each party involved in a grievance shall act quickly so that the grievance may
be resolved promptly. Every effort should be made to complete action within the
time limits contained in the grievance procedure. However, with the mutual
consent of the parties, the time limitation for any step may be extended.
12.4 Waiver of Steps
The parties may mutually agree to waive any step of the grievance procedure.
12.5 Presentation
At any step of the grievance procedure, the State representative may determine
it desirable to hold a grievance conference. If a grievance conference is
scheduled, the grievant or a PECG representative, or both, may attend without
loss of compensation.
12.6 Informal Discussion
An employee’s grievance initially shall be discussed with the employee’s
immediate supervisor. Within seven (7) calendar days, the immediate supervisor
shall give his/her decision or response.
12.7 Formal Grievance - Step 1
a. If an informal grievance is not resolved to the
satisfaction of the grievant, a formal grievance may be filed no later than:
(1)
Twenty-one (21) calendar days after the employee can reasonably be expected to
have known of the event occasioning the grievance;
(2)
Within fourteen (14) calendar days after receipt of the decision rendered in the
informal grievance procedure.
b.
However, if the informal grievance procedure is not initiated within the period
specified in Item (1) above, the period in which to bring the grievance shall
not be extended by Item (2) above.
c.
A formal grievance shall be initiated in writing on a form provided by the State
and shall be filed with a designated supervisor or manager identified by each
department head as the first level of appeal.
d.
Within fourteen (14) calendar days after receipt of the formal grievance, the
person designated by the department head as the first level of appeal shall
respond in writing to the grievance.
e.
No contract interpretation or grievance settlement made at this stage of the
grievance procedure shall be considered precedential.
12.8 Formal Grievance - Step 2
a. If the grievant is not satisfied with the decision
rendered pursuant to Step 1, the grievant may appeal the decision within
twenty-one (21) calendar days after receipt to a designated supervisor or
manager identified by each department head as the second level of appeal. If the
department head or designee is the first level of appeal, the grievant may
bypass Step 2.
b.
Within twenty-one (21) calendar days after receipt of the appealed grievance,
the person designated by the department head as the second level of appeal shall
respond in writing to the grievance.
c.
No contract interpretation or grievance settlement made at this stage of the
grievance procedure shall be considered precedential.
12.9 Formal Grievance - Step 3
a. If the grievant is not satisfied with the decision
rendered pursuant to Step 2, the grievant may appeal the decision within
twenty-one (21) calendar days after receipt to a designated supervisor or
manager identified by each department head as the third level of appeal. If the
department head or designee is the second level of appeal, the grievant may
bypass Step 3.
b.
Within twenty-one (21) calendar days after receipt of the appealed grievance,
the person designated by the department head as the third level of appeal shall
respond in writing to the grievance.
12.10 Formal Grievance - Step 4
a. If the grievant is not satisfied with the decision
rendered at Step 3, the grievant may appeal the decision within fourteen (14)
calendar days after receipt to the Director of the Department of Personnel
Administration or designee.
b.
Within thirty (30) calendar days after receipt of the appealed grievance, the
Director of the Department of Personnel Administration or designee shall respond
in writing to the grievance.
12.11 Response
If the State fails to respond to a grievance within the time limits specified
for that step, the grievant shall have the right to appeal to the next step.
12.12 Formal Grievance - Step 5
a. If the grievance is not resolved at Step 4, within thirty
(30) calendar days after the 4th-level response, PECG shall have the right to
submit the grievance to arbitration.
b.
Within fourteen (14) calendar days after the notice requesting arbitration has
been served on the State or at a date mutually agreed to by the parties, the
parties shall meet to select an arbitrator. If no agreement is reached on the
selection of an arbitrator the parties shall, immediately and jointly, request
the State Mediation and Conciliation Service or the American Arbitration
Association to submit to them a panel of nine (9) arbitrators from which the
State and PECG shall alternately strike names until one name remains and this
person shall be the arbitrator. If the parties cannot agree from which service
to obtain the list of arbitrators, the party requesting arbitration shall pay
all costs, if any, of obtaining the list of arbitrators.
c.
The arbitration hearing, itself, shall be conducted in accordance with the
Voluntary Labor Arbitration Rules of the American Arbitration Association. The
cost of arbitration shall be borne equally between the parties.
d.
An arbitrator may, upon request of PECG and the State, issue his/her decision,
opinion, or award orally upon submission of the arbitration. Either party may
request that the arbitrator put his/her decision, opinion, or award in writing
and that a copy be provided.
e.
The arbitrator shall not have the power to add to, subtract from, or modify this
contract. Only grievances as defined in subsection 12.2 a. of this Article shall
be subject to arbitration. In all arbitration cases, the award of the arbitrator
shall be final and binding upon the parties.
|
