Daughters of Charity - SEIU-UHW Healthcare Workers West
Daughters of Charity - SEIU-UHW Healthcare Workers West Daughters of Charity - SEIU-UHW Healthcare Workers West
c. Michael Prihar d. Mark Bernstein e. Michael Rappaport The parties shall equally share the fees of the third party neutral/ arbitrator and any court reporter. ARTICLE 30: GRIEVANCE AND ARBITRATION A. Definitions. In this Article the following definitions apply: Definition of Grievance. Grievance means a dispute raised by an employee, the Union or the Employers concerning the interpretation or application of any provision in this Agreement. Unless otherwise provided in this Agreement, a violation of this Agreement is subject to this Grievance and Arbitration procedure set forth below. Definition of Days. Days means calendar days. In this Article, whenever a period of time is specified the day of the event or action which commences the period shall not be included calculating the length of the period. If the last day for responding and acting is a Saturday, Sunday or contract holiday, the period shall be extended to the next day which is not a Saturday, Sunday or contract holiday. Limitation on Precedents. Settlements reached with Shop Stewards in Step 1 and Step 2 of the grievance procedure shall not establish a precedent or a practice for future cases unless by specific written agreement signed by a Field Representative and by the Employers. B. Informal Resolution or the Initiating of a Grievance. The Employers and the Union recognize that the goal of this grievance and arbitration procedure is to attempt to resolve the grievance at the lowest level possible with the least amount of time and resources. The employee or the Union Representative (Field Representative or Shop Steward) may first confer with the supervisor or with such other person as the Employers may designate and attempt to settle the matter. Step 1. The Union must initiate the grievance procedure by completing and delivering a grievance form to the Human Resources Department within thirty (30) days of the date upon which the Union first became aware, or reasonably should have first become aware, of the events or circumstances which gave rise to the grievance. A meeting to resolve the grievance shall take place within fifteen (15) days after the filing of the grievance. In this meeting the parties shall engage in a full and frank discussion of their respective positions including the supporting rationale for their positions. A representative from the Human Resources Department will respond in writing within fifteen (15) days of the meeting. 124
Step 2. A meeting shall be held to resolve the grievance during the fifteen (15) day period following the receipt of the written statement. The Administrator or his/her designee (other than or in addition to a representative from Human Resources), will respond in writing within fifteen (15) days after the meeting. C. Timeliness/Failure to Meet Grievance Timelines. If the Employers do not timely respond to a Union or an employee grievance, the grievance shall automatically move to the next step. D. Employers Grievances. Employers grievances shall be submitted at the Step 2 level in writing on the appropriate form directly to the Union’s Field Representative. If requested, a Union Representative and a representative of the Human Resources Department shall meet in an effort to resolve the grievance within fifteen (15) days of the date of the written grievance. The Union shall provide an answer, in writing, within fifteen (15) days following the meeting, or within fifteen (15) days after the date of the Employers’ grievance if no meeting is requested. If the Union’s Step 2 answer is not satisfactory, or if no answer is given within the specified time period, the matter shall be submitted to arbitration by written request of the Employers in accordance with the time limits set forth for a Union request for arbitration and subject to the provisions of Step 2 above and Section (F)(l) below. E. Union Participation. A representative of the Union, designated by the Union, has the right to prompt notice from the Employers of any grievances filed by individual employees. A Union Representative and/or Steward, designated by the Union, has the right to be present at any grievance meeting called for the purpose of discussing an employee grievance. F. Arbitration. 1. Demand for Arbitration. If the grievance is not resolved in Step 2, either party may proceed by submitting a written request for arbitration to the other party (a) within thirty (30) days after the due date of the Step 2 response or (b) within thirty (30) days following the receipt of the Step 2 response. A Union request for arbitration will be sent to the Human Resources Department. 2. Selection of Arbitrator. If the Union and the Employers cannot agree on an arbitrator within thirty (30) days after receipt of a request for arbitration, they shall jointly request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service, specifying arbitrators from Northern California when the arbitration relates to a Northern California facility and specifying arbitrators from Southern California when the arbitration relates to a Southern California facility. The parties will select an arbitrator by alternately striking a name from the list. 125
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Step 2. A meeting shall be held to resolve the grievance during the fifteen (15) day<br />
period following the receipt <strong>of</strong> the written statement. The Administrator or his/her<br />
designee (other than or in addition to a representative from Human Resources), will<br />
respond in writing within fifteen (15) days after the meeting.<br />
C. Timeliness/Failure to Meet Grievance Timelines. If the Employers do not<br />
timely respond to a Union or an employee grievance, the grievance shall automatically<br />
move to the next step.<br />
D. Employers Grievances. Employers grievances shall be submitted at the Step 2<br />
level in writing on the appropriate form directly to the Union’s Field Representative. If<br />
requested, a Union Representative and a representative <strong>of</strong> the Human Resources<br />
Department shall meet in an effort to resolve the grievance within fifteen (15) days <strong>of</strong> the<br />
date <strong>of</strong> the written grievance. The Union shall provide an answer, in writing, within<br />
fifteen (15) days following the meeting, or within fifteen (15) days after the date <strong>of</strong> the<br />
Employers’ grievance if no meeting is requested.<br />
If the Union’s Step 2 answer is not satisfactory, or if no answer is given within the<br />
specified time period, the matter shall be submitted to arbitration by written request <strong>of</strong> the<br />
Employers in accordance with the time limits set forth for a Union request for arbitration<br />
and subject to the provisions <strong>of</strong> Step 2 above and Section (F)(l) below.<br />
E. Union Participation. A representative <strong>of</strong> the Union, designated by the Union,<br />
has the right to prompt notice from the Employers <strong>of</strong> any grievances filed by individual<br />
employees.<br />
A Union Representative and/or Steward, designated by the Union, has the right to be<br />
present at any grievance meeting called for the purpose <strong>of</strong> discussing an employee<br />
grievance.<br />
F. Arbitration.<br />
1. Demand for Arbitration. If the grievance is not resolved in Step 2,<br />
either party may proceed by submitting a written request for arbitration to the<br />
other party (a) within thirty (30) days after the due date <strong>of</strong> the Step 2 response or<br />
(b) within thirty (30) days following the receipt <strong>of</strong> the Step 2 response. A Union<br />
request for arbitration will be sent to the Human Resources Department.<br />
2. Selection <strong>of</strong> Arbitrator. If the Union and the Employers cannot agree on<br />
an arbitrator within thirty (30) days after receipt <strong>of</strong> a request for arbitration, they<br />
shall jointly request a panel <strong>of</strong> seven (7) arbitrators from the Federal Mediation<br />
and Conciliation Service, specifying arbitrators from Northern California when<br />
the arbitration relates to a Northern California facility and specifying arbitrators<br />
from Southern California when the arbitration relates to a Southern California<br />
facility. The parties will select an arbitrator by alternately striking a name from<br />
the list.<br />
125
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