Article XVI - Dispute & Grievance Procedure

ARTICLE XVI

DISPUTE AND GRIEVANCE PROCEDURE

SECTION 1. PURPOSE - It is the intent of the County and the Union all grievances be resolved informally or at the earliest possible stage of this grievance procedure. However, both parties recognize that the procedure must be available without any fear of discrimination because of its use. Informal settlements at any stage shall bind the immediate parties to the settlement, but shall not be precedent in a later grievance proceeding.

SECTION 2. DEFINITIONS

A. A "grievance" is any alleged violation of this agreement or any dispute with respect to its meaning or application

A. An "employee" is any person in the unit covered by this agreement.

B. C. An “aggrieved party” is the employee or group of employees who submit a grievance or the Union on behalf of said employee(s).

SECTION 3. SUBMISSION OF GRIEVANCES

A. Before submission of a written grievance, the aggrieved party must attempt to resolve it informally.

B. Each grievance shall be submitted in writing on a form approved by the County and the Union and shall identify the aggrieved party, the provision of this agreement involved in the grievance, the time when and the place where the alleged events or conditions constituting the grievance existed and, if known, the identity of the person responsible for causing such events or conditions and a general statement of the grievance and redress sought by the aggrieved party.

C. A grievance shall be deemed waived unless it is submitted within 30 days after the aggrieved party knew or reasonably should have known of the events or conditions on which it is based.

D. An employee or group of employees or the Union may submit grievances which affect them personally or collectively and shall submit such grievances to the immediate Supervisor.

SECTION 4. GRIEVANCE PROCEDURE

A. The immediate Supervisor shall respond in writing to each grievance received. If an aggrieved party is not satisfied with the response or if no response is received within seven days after the submission of a grievance, such aggrieved party may submit a copy of the grievance to the Department Head or designee no later than five days thereafter.

B. The Department Head or designee shall, upon request, confer with the aggrieved parties with respect to the grievance and shall deliver to the aggrieved parties a written statement of Department Head’s or designee’s position with respect to it no later than two weeks after it is received by the Department Head or designee. If the aggrieved party is not satisfied with the response, or if no response is received within the two week period, the aggrieved party may submit a copy of the grievance to the Chair of the County Legislature no later than one week thereafter.

C. The Chair of the County Legislature or designee shall, within two weeks after receipt of the grievance, provide the aggrieved party with a statement of the County’s position with respect to the grievance.

D. In the event the Union is not satisfied with the statement with respect to a grievance or if no response is forthcoming by the Chair of the Legislature, it may, within 15 days thereafter, refer the grievance to arbitration by requesting that the American Arbitration Association propose the names of seven arbitrators. A copy of such request shall be forwarded to the Chair of the County Legislature.

SECTION 5. ARBITRATION

A. Upon receipt of the names of the proposed arbitrators, the County and the Union shall individually select names from the list until one ultimately is designated as the arbitrator.

B. The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings, reasonings and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this agreement. The arbitrator shall have no power to alter, add to or detract from the provisions of the agreement. "The decision of the arbitrator shall be final and binding on both parties"

C. The cost for the services of the arbitrator will be borne equally by the County and the Union.

C. The election to submit a grievance to arbitration shall automatically be a waiver of all other remedies or forums which otherwise might be available in resolving disputes covered under this agreement.