ARTICLE 16
SPECIAL CONFERENCES

16.1:    Special Conferences for important matters will be arranged between the Local President or his designee and the Employer or its designated representative upon the request of either party. Such meetings shall be between one (1) representative of the Union and one (1) representative of management.

Arrangements for such special conferences shall be made in advance and an agenda of the matters to be taken up at the meeting shall be presented at the time the conference is requested.  Matters taken up in Special Conferences shall be confined between the hours of 8:00 a.m. and 5:00 p.m.   The members of the Union shall not lose time or pay for time spent in such special conferences.  This meeting may be attended by a representative of the Township Board and/or a representative of the Union .

16.2:    Upon written request, the Union representative may meet at a place designated by the Employer on the Employer's property for up to one-half (1/2) hour immediately preceding the conference with the representative of the employees.

 

ARTICLE 17
GRIEVANCE PROCEDURE

17.1:    A grievance, under this Agreement, is a written dispute, claim or complaint arising under and during the term of this Agreement and filed by either an authorized representative of or an employee in the bargaining unit.

All grievances are limited to matters of interpretation or application of the provisions of this Agreement.  The parties, recognizing that an orderly grievance procedure is necessary, agree that each step must be adhered to as set forth herein.

All grievances must be signed and dated by the aggrieved employee and name the article(s) that is being violated.  The Union , in its own behalf, may initiate a grievance through the steward.  All grievances must be presented within seven (7) calendar days after the occurrence of the circumstances giving rise to the grievance, otherwise the right to file a grievance is forfeited and no grievance shall be deemed to exist.

For the purpose of the grievance procedure, a day shall be deemed to mean Monday through Friday, exclusive of holidays.

STEP 1 .  The Employee or the Union having a complaint shall first take up the matter with the Chief.
The employee and/or Union shall reduce the matter to written form stating all facts in detail and submit the same to the Chief or his designee.  A meeting shall be arranged between the employee and/or Union representative and the Chief and/or his designated representative to discuss said grievance at a mutually agreeable time within ten (10) calendar days of the submission of said grievance.  The Chief shall, within ten (10) calendar days of said meeting, record his disposition on all copies of the grievance form, returning two (2) copies to the steward.

STEP 2 .  In the event the grievance is not satisfactorily settled at Step 1, the Union or the Employee may, within five (5) calendar days after the decision is rendered referred to in Step 1 above, request a hearing before the Township Manager.  The Township Manager will schedule a hearing within fifteen (15) days following the Union 's or employee's request.  The Township Manager will provide his written answer within ten (10) days following the hearing.

17.2:    The Employer and the Union representatives shall be allowed counsel in any step of the grievance procedure if they so desire.

17.3:    Any and all grievances resolved at any step of the grievance procedure as contained in this Agreement shall be final and binding on the Employer, the Union and any and all unit employees involved in the particular grievance.

17.4:    Grievances shall be processed from one step to the next within the time limit prescribed in each of the steps.  Any grievance upon which a disposition is not made by the Employer within the time limits prescribed or any extension which may be agreed to, may be referred to the next step in the grievance procedure; the time limit to run from the date when time for disposition expired.  Any grievance not carried to the next step by the Union within the prescribed time limits shall be automatically closed upon the basis of the Employer's last disposition.

17.5:    The Employer shall not be required to pay back wages for periods of more than seven (7) days prior to the time a written grievance is filed; provided that in the case of a pay shortage of which the employee had not been aware of before receiving his pay, any adjustments made shall be retroactive to the beginning of the pay period; providing the employee presented his grievance within seven (7) calendar days after receipt of such pay.

17.6:    All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned less compensation, if any, earned elsewhere during the period in question which such compensation is attributable to the incident giving rise to the claim for back wages and which would not have been earned otherwise.  Back pay shall also be reduced by any unemployment compensation received during the period in question.  The Township will be responsible for notifying the Michigan Employment Security Commission that the individual grievant/claimant has repaid said unemployment compensation directly to the Township as a result of the grievance-arbitration proceeding in order that the Township and the grievant/claimant shall be given the proper credit for said repayment.

17.7:    When an employee is given a disciplinary discharge or a written reprimand and/or warning which is affixed to his personnel record, the steward will be promptly notified in writing of the action taken.

17.8:    Arbitration .  Either the Union or the Employer may request arbitration of an unsettled grievance.  The party desiring arbitration must notify and the other party must receive such notice, in writing, of such desire within thirty (30) calendar days of the day the written disposition given under the last step of the grievance procedure provided for in this Agreement, except in discharge cases and in that event, notice must be sent and received within fifteen (15) days of the written disposition given under the last step of the grievance procedure provided for in this Agreement or the time when the Employer's answer was due, whichever applies.  In the event that either party should fail to serve such written notice, the matter shall be considered as settled on the basis of the written disposition made in the last step of the grievance procedure.

After receipt of a desire to arbitrate within time periods referred to above, the parties shall attempt to agree on an arbitrator.  If the parties are unable to so agree within the thirty (30) or fifteen (15) calendar days or within a longer period if mutually agreed upon, the moving party must file a demand for arbitration with the Michigan Employment Relations Commission in accordance with the applicable rules of the Commission.  The demand must be in writing and received by the opposite party within the appropriate time periods.  If the thirty (30) or fifteen (15) calendar day time limit, or longer period if mutually agreed upon, is not strictly adhered to by the moving party, then that party shall forfeit the right to continue through arbitration.

17.9:    The arbitrator shall have no power to add to or subtract from or modify any of the terms of this agreement or supplemental agreement.  The arbitrator shall have no power to establish wage scales or rates, or to change any rate unless it is provided for in this Agreement.

The arbitrator shall have no power to provide agreements for the parties in those cases where in this Agreement they have agreed that further negotiations should occur to cover the matters in dispute.

The arbitrator elected shall have no power to hear the case if the moving party has not adhered strictly to the above time limits.

In the event a case is appealed to an arbitrator and he/she finds that he/she has no power to rule on such case, the matter shall be referred back to the parties without decision or recommendation on the merits of the case.

17.10:  The award of the arbitrator shall be based exclusively on evidence presented at the arbitration hearing.

17.11:  The expenses of the arbitrator shall be shared equally by the parties.  Each party shall make arrangements for and pay the expenses of witnesses which are called by them.

17.12:  Any award of the arbitrator shall not be retroactive more than seven (7) days prior to the time the grievance was first submitted in writing except as provided in Section 5.

17.13:  There shall be no appeal from an arbitrator's decision.  It shall be final and binding on the Union , the bargaining unit, all bargaining unit employees and the Employer.

 

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