Grievance Time Limits Where Does Time Begin? With the date of the occurrence or the date the grievant or the union may reasonably have been expected to have learned of the occurrence of a violation of the Collective Bargaining Agreement.
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Presentation Transcript
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Grievance Time Limits<br>
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Where Does Time Begin? With the date of the occurrence or the date the grievant or the union may reasonably have been expected to have learned of the occurrence of a violation of the Collective Bargaining Agreement.
Exception: a continuing violation<br>
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Continuing Violation When a contract violation is occurring on a ongoing basis. A grievance may be filed at anytime during the continuing contract violation.
Management however only has a liability to remedy the violation beginning 14 days prior to the grievance being filed.<br>
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When must a grievance be filed? A grievance must be initiated at Step One within 14 days of the contractual violation.<br>
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Step One Time Limits Management must render an oral decision within 5 days after the initiation of the grievance. The supervisor must provide reasons for denying the grievance.
The parties can agree to extend the five day time period. -Art. 15.2.C
If management refuses to issue a decision within the 5 day period the grievance should be appealed to Step Two.<br>
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Appealing to Step Two Time limits for appealing a grievance to Step Two begins the day after management renders it’s Step One decision.
The union can appeal an adverse decision within 10 days of management’s Step One denial.<br>
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Step Two Meeting The Step Two meeting must be held as expeditiously as possible, but no later than seven days following receipt of the Step Two appeal unless the time limits are mutually extended. –JCIM Article 15.2, Step 2(c).
If management fails to schedule a timely meeting or issue a timely decision the union must appeal the case to the next step within the prescribed time limits, if it wishes to pursue the grievance. –JCIM Article 15.4.C<br>
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Union Timelyness If management fails to raise the issue of timeliness at Step 2, or at the step at which the employee or union failed to meet the prescribed time limits, whichever is later, it waives the right to raise the issue.
If management asserts that a grievance was not timely at Step 1 management must raise the issue at Step 2 or the objection is waived.
-JCIM Article 15.4.B<br>
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Step Three Appeals An appeal to Step 3 must be filed within fifteen days of receipt of the Step 2 decision.
A direct appeal to arbitration must be filed to the appropriate Grievance/Arbitration Processing Center within 30 days of managements Step 2 denial.<br>
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Incorrect Step Three Appeals Where the union incorrectly appeals a grievance directly to arbitration under Article 15.2 Step 2(h) and the grievance should have been appealed to Step 3, or vice versa, the grievance is not waived as untimely provided the union can show a timely appeal to arbitration/Step 3.
-JCIM Article 15.2, Step 2(h)<br>
