- A grievance shall be defined as a dispute or complaint between the parties hereto under or out of this Agreement or the interpretation, application, performance, termination, or any alleged breach thereof, and shall be processed and disposed of in the following manner:
Step 1. Within ten (10) days of occurrence, an Employee having a grievance and/or her/his chapter representative or Union representative shall take it up with her/his head nurse/supervisor. The Employer shall give its answer to the Employee and /or her/his chapter representative or Union representative within ten (10) working days after the presentation of the grievance in Step 1.
Step 2. If the grievance is not settled in Step 1, the grievance may, within ten (10) working days after the answer in Step 1, be presented in Step 2. When grievances are presented in Step 2 they shall be reduced to writing, signed by the grievant and her/his chapter representative and presented to the grievant's Department Head or her/his designee. A grievance so presented in Step 2 shall be answered by the Employer in writing within ten (10) working days after its presentation.
Step 3. If the grievance is not settled in Step 2, the grievance may, within ten (10) working days after the answer in Step 2, be presented in Step 3. A grievance shall be presented in this step by the chapter or Union representative to the Employee Relations Manager of the Employer, or her/his designee; and she/he or her/his designee shall render a decision in writing within ten (10) working days after the presentation of the grievance in this Step.
Grievances addressing payroll issues shall be scheduled at the 3rd step level within 5 days of receipt by the Employer.
Failure on the part of the Employer to answer a grievance at any step shall not be deemed acquiescence thereto, and the Union may proceed to the next step.
Anything to the contrary herein notwithstanding, a grievance concerning a discharge or suspension may be presented initially at Step 3 in the first instance, within the time limit specified in this Article.
Any grievance not submitted within ten (10) days from the occurrence of the facts on which it is based shall be considered time-barred, if known to the grievant or if it should have been known.
Without waiving its statutory rights, a grievance on behalf of the Employer may be presented initially at Step 3 by notice in writing addressed to the Union at its offices.
- All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and Holidays.
- Any disposition of a grievance from which no appeal is taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.