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<br />4938-6770-8028 v1 -46 - <br /> <br /> <br />Grievances regarding Definition and Procedure. A “grievance” is any dispute which <br />involves the interpretation or application of any provision of this MOU. <br /> <br />Grievances filed to appeal an Order and Notice of Action must be filed at Step 3 within <br />ten (10) calendar days after service of said order. <br /> <br />B. Grievances Memorandum of Understandingfiled on violations of this MOU <br />must be filed within thirty (30) calendar days of the incident or occurrence about which <br />the grievant claims to have a grievance and shall be processed in the following manner: <br /> <br />1. Within thirty (30) calendar days after the occurrence of an event giving rise to a <br />grievance, an employee may request a meeting to discuss the grievance with such <br />management official as the employee'semployee’s Department Head may designate. <br />Such request shall be made in writing to the Department Head. <br /> <br />Step 1: If the grievance remains unresolved, thea written grievance may be filed with the <br />Department Head who. Within ten (10) working days, the Department Head shall <br />investigatemeet with the grievant and the Union to discuss the grievance and render a. A <br />decision shall be issued within ten (10) working days from the date the grievance meeting <br />is held. For purposes of Section 27.2, “working days” shall be defined as Monday <br />through Friday, excluding holidays. <br />2. is received. For purposes of Section 27.2, “working days” shall be defined as <br />Monday through Friday, excluding holidays. <br /> <br /> <br />Within ten (10) working days from receipt of the Department Head's decision in Step 2 <br />above, the employee : Grievances regarding interpretation or official of the Union may <br />notifyapplication of any provision of this MOU (non-disciplinary) that are not resolved at <br />Step 1 shall be filed in writing within ten (10) working days with the Director of Human <br />Resources and Labor Relations in writing that a grievance exists, stating the particulars. <br /> <br />SMCS Mediation by Mutual Agreement. For grievances regarding interpretation <br />or application of the grievance, citing the specific section of this Memorandum of <br />Understanding they believe to have been violated, and, if possible, the nature of the <br />determination desired. any provision of this MOU (non-disciplinary) only: the <br />parties may, by mutual agreement, submit said grievance to the State Mediation and <br />Conciliation Service (SMCS) for non-binding mediation. The fees of the SMCS <br />mediator shall be shared equally by the parties. This mediation process is not <br />available for grievances regarding discipline. <br /> <br />3. For Grievances involving demotion, suspension, dismissal of an <br />employee shall be filed within ten (10) working days of the date the employee was <br />notified of such action. The Director of Human Resources and Labor Relations shall have <br />ten (10) working days from receipt of notification in whichthe grievance to investigate <br />the issues, meet with the complainant and attempt to reach a satisfactory resolution of the <br />Page 113 of 200