20 Questions
Who selects the arbitrator in case of a grievance?
The City and the Union jointly
What happens if the parties cannot agree on an arbitrator within 30 days?
The Federal Mediation and Conciliation Service is contacted
How many names can each party strike from the list of arbitrators?
Three
What is the time limit for the arbitrator to issue a decision after the conclusion of the hearing?
30 calendar days
What is the authority of the arbitrator limited to?
Matters of interpretation or application of the express provisions of this Agreement
Who is responsible for compensating their own representatives and witnesses?
Each party
What happens if the arbitrator finds they have no authority or power to rule in the case?
The matter is referred back to the parties without decision or recommendation
Can an employee process a grievance without Union representation or assistance?
Yes
What happens if a matter under this Article is pending before the Personnel Board for more than 90 days?
The City and the Union may, by mutual agreement, submit the matter to a mutually selected arbitrator for expedited determination
Can time limitations be waived or extended?
Yes, by mutual agreement of the aggrieved employee or the UNION and of the Labor Relations Director or his designated representative
What is the definition of a grievance in this Agreement?
A claim of an employee arising during the term of this Agreement, excluding discharge and disciplinary actions
Who has the right to file a recognized grievance on behalf of two or more bargaining unit employees?
The Union
How many working days does an employee have to present a grievance in writing to the Fire Chief or his designated representative?
15 working days
What must the written grievance set forth?
The sections and articles of this Agreement upon which a matter of interpretation or application is involved
Who responds to the grievant in writing within 15 working days from the date on which the written grievance is received?
The Fire Chief or his designated representative
What happens if a satisfactory settlement is not reached under Step 1?
The grievance is presented to the Labor Relations Director or a designated representative
Who can request arbitration or that the grievance be heard by the Personnel Board?
Either the aggrieved employee or the City of Omaha
How many working days does the Labor Relations Director or his designated representative have to respond to the grievant in writing?
15 working days
What is the purpose of Step 2 in the grievance procedure?
To present the grievance to the Labor Relations Director or a designated representative
What happens if a satisfactory settlement is not reached under Step 2?
The grievance is presented to the Personnel Board
Study Notes
Grievance Procedure
- A grievance is a claim by an employee arising during the term of the Agreement, excluding discharge and disciplinary actions.
- The Union can file a recognized grievance on behalf of two or more bargaining unit employees.
Filing a Grievance
- An employee must submit a written grievance to the Fire Chief or designated representative within 15 working days from the date of awareness.
- The written grievance must state the sections and articles of the Agreement involved.
- The Fire Chief or representative must respond in writing within 15 working days from receipt of the grievance.
Grievance Procedure Steps
- Step 1: Employee submits grievance to Fire Chief or representative.
- Step 2: If unsatisfactory, grievance is presented to Labor Relations Director or representative within 15 working days.
- Step 3: If still unsatisfactory, grievance proceeds to arbitration or Personnel Board within 15 working days.
Arbitration
- Arbitration is conducted by a mutually selected arbitrator within 30 calendar days.
- The arbitrator's decision is final and binding on the Union, City, and employees.
- The arbitrator's authority is limited to interpreting or applying express provisions of the Agreement.
Arbitration Process
- If parties cannot agree on an arbitrator, they jointly request a list of seven arbitrators from the Federal Mediation and Conciliation Service.
- Each party strikes three names, and the remaining arbitrator is selected.
- The arbitrator has 30 calendar days to issue a decision after the hearing.
Additional Provisions
- An employee can process a grievance without Union representation or assistance, but the Union can intervene later.
- Time limitations can be waived or extended by mutual agreement.
- Failure to comply with time limitations constitutes withdrawal of the grievance.
- An employee can be represented by an attorney at law.
- If a matter is pending before the Personnel Board for over 90 days, the City and Union can submit it to a mutually selected arbitrator for expedited determination.
This quiz covers the grievance procedure outlined in Article 8 of an employment agreement, including the definition of a grievance and the process for filing.
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