Failure to request arbitration to the American Arbitration Association in writing within thirty (30) days after the notice to the Town Manager shall constitute a settlement of the grievance.

Failure to request arbitration to the American Arbitration Association in writing within thirty (30) days after the notice to the Town Manager shall constitute a settlement of the grievance.

Preamble It is the intent of the parties to this Agreement to use their best efforts to encourage the informal and prompt settlement of grievances which may arise between a member or members of the bargaining unit and the Town. In recognition of this intent, the parties agree that they shall use the procedure set forth in this Article for the resolution of all disputes involving the application of this Agreement.

It is understood by the parties that the respective positions of the parties in attempting a mediated resolution of the dispute in no way shall prejudice the parties and their respective positions in the event no settlement is reached in mediation and the matter continues to arbitration. E. Rights of Employees to Representation 1.

The Union agrees to indemnify the Town against any and all cost, damages, and expense, including attorneys fees, arising out of or in connection with the above shift swap provisions, including but not limited to any such cost, damages, expense and fees arising under the federal Fair Labor Standards Act whether by order, judgment or settlement.

The Arbitrator shall have no authority to add to, subtract from, change, amend, modify, alter or disregard any of the terms or provisions of this Agreement or authority or power to award back pay or other settlement to be retroactive beyond the date on which the event forming the basis of the grievance occurred.

Box 677, Dighton, MA 02764-0677 AFFILIATED WITH International Association of Firefighters Professional Firefighters of Massachusetts GRIEVANCE PETITION STEP #1 Name and Rank of Employee Department Incident Date Fire Chief Date Hired Incident Time Brief Description of Grievance Settlement Desired Submitied By Date (Signature of Employee) Submitted By Date (Signature of Union Representative) Management Reply Submitted By Date (Signature of Chief) Action

If the situation arises that an employee will receive a wage reimbursement from an insurance claim or legal settlement the sick bank is entitled to be reimbursed first for any time that was awarded to them.

Should Workmen's Compensation provide back wages or a lump sum settlement check has been issued to a unit member and the unit member has been paid for that service by the City of Malden from any of the aforementioned sources, the unit member must reimburse the City of Malden the funds paid by or from any of the aforementioned sources. 25.09 The parties will establish a committee to study the implementation of a 403b plan for the bargaining unit.

Should Workmen's Compensation provide back wages or a lump sum settlement check has been issued to a unit member and the unit member has been paid for that service by the City of Malden from any of the aforementioned sources, the unit member must reimburse the City of Malden the funds paid by or from any of the aforementioned sources. 25.09 The parties will establish a committee to study the implementation of a 403b plan for the bargaining unit.