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Item 51 - Approve Proposed Community Workforce Agreement
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06/06/2023 Regular & HA
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Item 51 - Approve Proposed Community Workforce Agreement
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8/10/2023 2:40:41 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
51
Date
6/6/2023
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<br />Community Workforce Agreement 24 City of Santa Ana <br />matters necessary to facilitate the timely resolution of any dispute; provided, however, it is the <br />responsibility of the principal parties to any pending grievance to insure the time limits and <br />deadlines are met. <br /> <br />Section 10.2 Processing Grievances Any questions arising out of and during the term of this <br />Agreement involving its interpretation and application, which includes applicable provisions of <br />the Master Labor Agreement, but not jurisdictional disputes or alleged violations of Section 7.1 <br />and 7.4 and similar provisions, shall be considered a grievance and subject to resolution under the <br />following procedures. <br /> <br />Step 1. Employee Grievances When any employee subject to the provisions of this <br />Agreement feels aggrieved by an alleged violation of this Agreement, the employee shall, through <br />his local Union business representative or, job steward, within ten (10) working days after the <br />occurrence of the violation, give notice to the work site representative of the involved Contractor <br />stating the provision(s) alleged to have been violated. A business representative of the local Union <br />or the job steward and the work site representative of the involved Contractor shall meet and <br />endeavor to resolve the matter within ten (10) working days after timely notice has been given. If <br />they fail to resolve the matter within the prescribed period, the grieving party may, within ten (10) <br />working days thereafter, pursue Step 2 of this grievance procedure provided the grievance is <br />reduced to writing, setting forth the relevant information, including a short description thereof, the <br />date on which the alleged violation occurred, and the provision(s) of the Agreement alleged to <br />have been violated. Grievances and disputes settled at Step 1 shall be non-precedential except as <br />to the parties directly involved. <br /> <br />Union or Contractor Grievances Should the Union(s) or any Contractor have a dispute <br />with the other Party(ies) and, if after conferring within ten (10) working days after the disputing <br />Party knew or should have known of the facts or occurrence giving rise to the dispute, a settlement <br />is not reached within five (5) working days, the dispute shall be reduced to writing and processed <br />to Step 2 in the same manner as outlined in Step 1 above for the adjustment of an employee <br />complaint. <br /> <br />Step 2. The business manager of the involved Union or his designee, together with <br />the site representative of the involved Contractor, and the labor relations representative of the <br />CWA Administrator, shall meet within seven (7) working days of the referral of the dispute to this <br />second step to arrive at a satisfactory settlement thereof. If the Parties fail to reach an agreement, <br />the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven <br />(7) calendar days after the initial meeting at Step 2. <br /> <br />Step 3. (a) If the grievance shall have been submitted but not resolved under <br />Step 2, either the Union of Contractor Party may request in writing to the CWA Administrator <br />(with copy(ies) to the other Party(ies) within seven (7) calendar days after the initial Step 2 <br />meeting, that the grievance be submitted to an arbitrator selected from the agreed upon list in <br />“Attachment (D)” attached hereto, on a rotational basis in the order listed. The CWA Administrator <br />shall notify the parties to the grievance of the date, time and location of the hearing. The failure of <br />any party to attend said hearing shall not delay the hearing of evidence or the issuance of any <br />decision by the arbitrator. The decision of the arbitrator shall be final and binding on all parties.
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