Section 1: Scope:
A. Except as otherwise provided in this Agreement, every grievance arising from the application or interpretation of this Agreement will be adjusted as stated in this Section. A grievance shall be defined as a dispute concerning the interpretation of a specific provision of this Agreement.
B. A grievance which affects a substantial number of Nurses or is filed on behalf of the Association, and for which the Employer representatives designated in Step 1 lack authority to settle, may initially be presented at Step 2 by the Union’s representative, provided that such grievance is filed within the time period set forth herein.
C. The Nurse shall first attempt to resolve the alleged grievance with the immediate supervisor. If unsuccessful, the Nurse shall proceed to Step 1.
D. Any grievance brought more than fifteen (15) working days after the alleged situation occurs or knowledge thereof of the grievant shall be deemed void.
Section 2: Step 1–Procedure and Time Limits
At Step 1, all grievances must be reduced to writing and must be made known no later than fifteen (15) working days after the grievance occurs or from when the grievant should have had reasonable knowledge thereof. Grievances must be submitted to the Vice President of Labor Relations, Chief Human Resources Officer or designee. Management will invite the union and grievant to a grievance meeting within (10) working days of the submission of the grievance to attempt to resolve the problem. If no resolution is forthcoming or the Union is unsatisfied with the proposed resolution, the Vice President of Labor Relations, Chief Human Resources Officer or designee shall issue a written response within (10) working days of the grievance meeting. In the event JNESO has any additional information that it would like to present before the written decision is issued, they shall do so within five (5) working days after the grievance meeting. In the event the union does submit additional information within five (5) working days, the Vice President of Labor Relations, Chief Human Resources Officer or designee’s written response shall be due within (10) working days of that submission.
Section 3: Step 2-Mediation
If the grievance is not resolved at Step 1, provided the parties agree, the grievance may be presented to a mutually chosen Federal Mediation and Conciliation Service mediator at a mutually scheduled grievance mediation session. Any grievance settlement, shall be in writing and signed at the grievance mediation session. Any settlement discussions held in the course of the grievance mediation process shall be considered confidential.
Section 4: Step 3–Arbitration
A. If the grievance is not resolved at Step 2, and a contract violation is alleged, such grievance may be submitted to arbitration by the Employer or JNESO in accordance with Article 21.
B. The Arbitrator shall not have any power to add to or subtract from or otherwise amend this Agreement.
C. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and holidays. The time limits specified in this section shall be deemed to be substantive provisions and failure to comply with such time limits or any of them shall be a complete bar to any action by reason of such grievance. Failure on the part of the Employer to answer a grievance at any step shall not be deemed acquiescence thereto and the Union may proceed to the next step.
