Everett Municipal Employees Local 113 AFSCME 1/17/2023

ARTICLE 18- GRIEVANCE PROCEDURE Section 1: Grievance is defined as a cause(arising out of an alleged misinterpretation or misapplication of the terms of this Agreement)felt to afford reason for complaint. All grievances and responses from the grievance procedure shall be put in writing. The written grievance shall include but is not limited to the following: the name of the grievant,the Article(s)and Section(s)misinterpreted or misapplied,the facts stating how the aforementioned were misinterpreted or misapplied,and the remedy sought. In the event an employee elects to file a challenge concerning their employment status in civil service or the city library,the employee shall have the option of pursuing the challenge through either civil service/library board or filing a grievance through the provisions of this Article but limited to one or the other. The employee may at their own discretion pursue the alleged grievance without the Union's participation through Step 1 (or Step 3 if it is a grievance submitted directly at Step 3)of the established grievance procedure identified below. An employee who believes they have been aggrieved as defined above shall discuss the matter with a Union official before filing a grievance. Any grievance filed as a class action grievance shall be reviewed,approved,and signed by the Union President,Union Vice-President,or Union Staff Representative. Section 2: Time periods between grievance steps may be extended by written mutual agreement of both parties. Working days,for the express purpose of this Article,are defined to be Monday through Friday, excluding holidays, Saturdays and Sundays. Step 1: To be valid,a grievance must be submitted to the employee's immediate non-represented supervisor within ten(10)working days of the alleged event or occurrence which is the basis for the alleged grievance. Failure to file a grievance within this period shall be deemed as an absolute waiver of the right to file a grievance. The supervisor will submit a written grievance response within five(5)working days. In the event of termination,the grievance shall be filed directly with the Mayor or designee at Step 3. Step 2: If the grievance was not settled at Step 1, it may be advanced by the Union to the Department Head or designee within five(5)working days of receipt of the Step 1 response. A grievance meeting may be held within ten(10)working days of receipt of the grievance, and a written grievance response will be given within five(5)working days of the meeting to the Union President,Union Vice-President and Union Staff Representative. Step 3: If the Grievance was not settled at Step 2,it may be advanced by the Union to the Mayor or designee.It is agreed between the parties that the timeline for this step shall be within ten(10) working days,or until the 2nd Friday following the 2nd Thursday of the month(to allow the Union's Grievance Committee to review the grievance prior to advancement),whichever is later.A grievance meeting shall be held within ten(10)working days of receipt of the grievance,and a written grievance response will be given within ten(10)working days of the meeting to the Union President,Union Vice-President and Union Staff Representative. 41