employee so requests. Any resolution of the grievance shall not be inconsistent with the terms of
this agreement. The Union shall be notified of the resolution of the grievance.
Without intending to expand the definition of a grievance beyond violations of this
agreement, all written grievances will be submitted on an AFSCME Council 93 Official
Grievance Form, which is appended hereto as Appendix C.
Grievance Mediation may take place, at no cost to either party, in the grievance
procedure at any time if agreed by both parties. Either party may submit a request to the other
requesting Grievance Mediation. Mediator services through the Federal Mediation and
Conciliation Service shall be used. Mediation shall not be binding and cannot be used by either
party in further proceeding should mediation fail.
Step I: Within eight (8) workdays of the incident leading to grievance, if the parties
involved have not reached a verbal agreement, then the grievance shall be
reduced to writing, signed by the employee and the union, and presented to
the Superintendent or his designated representative. If the grievance remains
unresolved following a discussion which is not to exceed one (1) hour, the
Superintendent shall respond in writing within two (2) workdays.
Step II: Within two (2) workdays of receiving the response, the Union may notify the
Director of Public Works, in writing, that a hearing on the grievance is
requested. The Director will investigate the grievance to determine if a
grievance exists under the Agreement and if it can be settled under the
policies of the City as well as under the Agreement. If the matter has not
been settled by the Director within one (1) week, then,
Step III: The Union, within three (3) days, may notify the Board of Public Works, in
writing, of the grievance. The Board shall, within thirty (30) days after the
grievance is presented to the Superintendent under Step I, consider the
grievance and within two (2) working days thereafter, notify the Union in
writing of their disposition of the grievance. In the event the employee and
the Union are not in accord with the disposition by the Board, then
StepIV: The parties hereto agree that any grievance which involves the interpretation
or application of a specific provision of this agreement shall be settled by
arbitration. The parties agree to submit such grievances to the N.H. Public
Employees’ Labor Relations Board, as the agency to coordinate the
arbitration, and to abide by the rules and procedures set forth by said Board.
Determinations and decisions set forth by the said Board shall be final and
binding upon the parties. All costs submitted by the Board are to be shared
equally by the parties. Any grievance which is not submitted to arbitration
under this step IV within ninety (90) working days after receipt of the written
decision of the Board of Public Works under step IV shall be deemed
waived.
B. Presentation of grievances under Step I and Step II only, if done during working
hours, shall not result in loss of straight time pay to either the steward or the aggrieved employee
involved. If more than one (1) aggrieved employee is involved, only one (1) employee shall be
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