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98-066 Ordinance
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98-066 Ordinance
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1/16/2014 12:01:36 PM
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North Olmsted Legislation
Legislation Number
98-066
Legislation Date
6/16/1998
Year
1998
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having a grievance to discuss the matter informally with the Service Director and <br />having said matter informally adjusted without the intervention of the NOTEA, <br />provided that the adjustment is not inconsistent with the terms of this Agreement <br />and dces not involve interpretaiion of the Agreement. In the event that any grievance <br />is adjusted without formal intsrvention pursuant to this procedure, while such <br />adjustment shall be binding upon the aggrieved party and considered a final <br />decision, said ac}justment shali not create a precedent or ruling binding upon the <br />Employer or the NOTEA in future proceedings. <br />(d) The grievance procedure shall be the sole exclusive remedy where the employee's <br />claim arises solely pursuant to the Coilective Bargaining Agreement or work rule <br />and is final. <br />(e) The time limits provided Merein will be strictly adhered to. Any grievance not <br />appealed or processed with the specified time limits wilt automatically move to <br />the next step. The time limits specified for either party may be extended only by <br />written mutual agreement. <br />( fl This procedure shall not be used for the purpose of adding to, subtracting from, <br />or altering in any way, any of the provisions of this Agreement. <br />(g) A class grievance shall be filed with ten (10) days of the date on which any one of <br />the sicnilarly affected employees knew or shoutd have known of the event giving <br />rise to the Class Grievance. Class grievances shall be initiated directly at Step <br />Two of the Grievance procedure. <br />(h) An arbitration hearing involving an appeal of disciplinary action which resulted in <br />an unpaid suspension, demotion or discharge of a non-probationary employee may <br />be expedited at the request of either party as follows: <br />(1) Written briefs will not be submitted and the parties instead will make an <br />oral summation. <br />(2) At the conclusion of the hearing, the arbitrator may issue a bench <br />decision. <br />(i) By mutual consent, the parties may waive a hearing and submit the issue an <br />written filings only, or by mutual consent, may alter any of the procedures set <br />forth in this Articie. <br />(i) The parties intend that every effort shall be made to facilitate the resolution of <br />grievances at the lowest possible level. <br />(k) All grievances shall be filed on a form provided by the NOTEA and shall contain <br />the following information at the time the grievance is filed without exception: <br />- The date and tirne grievance occurred <br />- Provide descriptive details of the incident giving rise to the grievance <br />- Cite specific articles and sections of the agreement involved <br />- Relief requested <br />- Signature of aggrieved party (Class Grievance exempt) <br />- For a Class Grievance, the form shall contain in addition to the above required <br />information, the names of at least two (2) non-probationary employees affected <br />and clearly state that the grievance is a Class Grievance <br />If a grievance dces not include the above it shall be returned to NOTEA which <br />shall promptiy provide all of the information within five (5) days thereaflter; the <br />grievance shall be deemed filed for purposes of complying with the time <br />requirements, when it is first filed, if subsequently filed within said five (5) days. <br />-cw <br />io <br />
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