Adjustment of Grievance. The School Board and the teacher shall attempt to adjust all grievances which may arise during the course of employment of any teacher within the School District in the following manner: Subdivision 1. Level I: If the grievance is not resolved through informal discussions, the School Board designee shall give a written decision on the grievance to the grievant within seven (7) days after receipt of the written grievance. Upon receipt of such written decision, the grievant shall inform the exclusive representative of the grievance. The exclusive representative may elect to represent the grievant. In the event the exclusive representative elects not to represent the grievant, said xxxxxxxx may represent himself/herself or may be represented by any part of his/her choice. Subdivision 2. Level II: In the event the grievance is not resolved in Level I, the decision rendered may be appealed to the Superintendent of Schools, provided such appeal is made in writing within seven (7) days after receipt of the decision in Level I. If a grievance is properly appealed to the Superintendent, the Superintendent or his/her designee shall set a time to meet regarding the grievance within ten (10) days after receipt of the appeal. Within seven (7) days after the meeting the Superintendent or his/her designee shall issue a decision in writing to the parties involved. Subdivision 3. Level III: In the event the grievance is not resolved in Level II, the decision rendered may be appealed to the School Board, provided such appeal is made in writing within five (5) days after receipt of the decision in Level II. If a grievance is properly appealed to the School Board, the School Board shall set a time to hear the grievance within twenty (20) days after receipt of the appeal. Within seven (7) days after the meeting, the School Board shall issue its decision in writing to the parties involved. At the option of the School Board, a committee or representative(s) of the School Board may be designated by the School Board to hear the appeal at this level, and report its findings and recommendations to the School Board. The School Board shall then render its decision.
Appears in 1 contract
Samples: Master Contract
Adjustment of Grievance. 1. Any employee who claims to be aggrieved shall first discuss the problem with the lowest appropriate supervisor within fifteen (15) work days of the treatment, act or the initiating of a condition which is the basis of the claim, with the object of resolving the matter informally. Any such informal resolution of a grievance shall be consistent with this Agreement.
2. All grievances beyond B-1 above shall be processed by the Association.
3. If no formal resolution has been reached within the fifteen (15) day period pursuant to B-1 above, the employee may initiate a formal grievance by submitting the matter in writing to the next higher authority within five (5) work days of the expiration of the aforementioned fifteen (15) day period. This initial written grievance shall make known the full details of the situation so that a decision can be based on total pertinent information. The School Board written grievance shall specify the interpretation, application, or violation of policies, agreements and administrative decision giving rise to the grievance and the teacher proposed remedy, which remedy shall attempt not limit the Association and the Board from agreeing to adjust all grievances which nor an arbitrator from awarding other appropriate remedies. The Association shall simultaneously deliver a copy of the formal written complaint to the lowest appropriate supervisor with whom an informal resolution was sought and this Supervisor shall be afforded the opportunity of submitting a written comment for attachment to the formal complaint and consideration by the next higher authority. The Supervisor to whom the written grievance has been submitted shall review the material presented, may arise during discuss the course of employment of any teacher within issue with the School District in the following manner:
Subdivision 1. Level I: If the grievance is not resolved through informal discussionsparties involved, the School Board designee and shall give render a written decision on the grievance to the grievant within seven eight (7) days after receipt of the written grievance. Upon receipt of such written decision, the grievant shall inform the exclusive representative of the grievance. The exclusive representative may elect to represent the grievant. In the event the exclusive representative elects not to represent the grievant, said xxxxxxxx may represent himself/herself or may be represented by any part of his/her choice.
Subdivision 2. Level II: In the event the grievance is not resolved in Level I, the decision rendered may be appealed to the Superintendent of Schools, provided such appeal is made in writing within seven (7) days after receipt of the decision in Level I. If a grievance is properly appealed to the Superintendent, the Superintendent or his/her designee shall set a time to meet regarding the grievance within ten (10) days after receipt of the appeal. Within seven (7) 8) work days after the meeting the Superintendent or his/her designee shall issue grievance was received.
4. The Association may appeal a decision in writing to each higher administrative level in turn. For grievances originating at the parties involvedHigh School, the sequence shall be: immediate Supervisor, Principal, Superintendent. At all other schools, the sequence shall be: Building Principal, Superintendent. For grievances involving custodians, the sequence shall be: immediate Supervisor, Business Administrator, Superintendent. Each written appeal shall be made within eight (8) work days of the preceding Supervisor's decision or within eight (8) work days of the expiration of the time limit for such a decision as specified in B-3 and B-11 herein.
Subdivision 35. Level III: In To carry an appeal to the event the grievance is not resolved in Level IIBoard, the decision rendered may be appealed Association shall submit to the School Board Secretary the complete records thus far accumulated plus its written reason for forwarding the appeal within eight (8) work days of the Superintendent's decision and notify the Superintendent of its action. The Secretary shall promptly notify the Board, provided such . The Board may hold a meeting and/or hearing with the grievant and representatives. If the grievant's appeal is made received by the Board Secretary at least ten (10) work days prior to a regularly scheduled Board Agenda Meeting, the Board shall render a decision in writing within not later than five (5) work days after receipt following the regularly scheduled Board Meeting. If the grievance appeal is received less than ten (10) work days prior to the Agenda Meeting or if a Grievance Meeting or Hearing cannot be concluded prior to the Board Agenda Meeting, the response of the decision in Level IIBoard of Education shall be delayed until five (5) work days following the second subsequent regularly scheduled Board Meeting.
6. If the Association is dissatisfied with the determination of the Board of Education, it may, within eight (8) work days, initiate binding arbitration by submitting to the Board of Education a written notice of its intent to arbitrate.
a. The Association may request the Public Employment Relations Commission to initiate arbitration procedures pursuant to the Commission's rules and regulations.
b. Rights, duties, and jurisdiction of arbitrator:
(1) Before the submission of a grievance is properly appealed to arbitration each party shall, in writing, set forth the issue or issues to be determined and /or considered by the arbitrator.
(2) The arbitrator must be limited to a consideration of the issues presented.
(3) The arbitrator can neither alter, modify, add to nor subtract from any of the provisions of the Agreement.
(4) The determination of the arbitration must be limited to the School Board, the School Board shall set a time to hear the grievance within twenty (20) days after receipt express terms and/or conditions of the appeal. Within seven (7) days after Agreement which are the meeting, the School Board shall issue its decision in writing to the parties involved. At the option subject of the School Boardgrievance.
(5) Disputes involving questions of unfair labor practice, a committee or representative(s) scope of negotiations questions, questions of representation and any other matters within the jurisdiction of the School Board may Public Employment Relations Commission as well as constitutional issues shall not be designated by arbitrable. Furthermore, either party shall have the School Board right to hear challenge in court any arbitration award on the appeal at this level, and report its findings and recommendations to grounds that the School Board. The School Board shall then render its decisionarbitrator misconstrued or misapplied principals of law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Adjustment of Grievance. The School Board employer and the teacher grievant shall attempt to adjust all grievances which may arise during the course of employment of any teacher employee within the School District school district in the following manner:
Subdivision Step 1: The employee will informally discuss the grievance with his/her immediate supervisor.
a. If the grievance is not resolved at the time of the Step 1 informal discussion, it shall be reduced to writing and submitted to the supervisor with a copy to the Employee Relations Department. Level IThe written grievance shall set forth the nature of the grievance, the specific facts giving rise to the grievance, the specific provisions of this Agreement allegedly violated, and the specific remedy sought. The written grievance must be submitted within twenty (20) working days after the event giving rise to the grievance.
b. Within five (5) work days after submission of the written grievance, the supervisor shall answer the grievance in writing with a copy of the answer to the Employee Relations Department. If the written answer is not accepted, the grievant or the grievant's representative may request a meeting to consider the grievance. This meeting shall be scheduled among representatives of the District and the grievant or the grievant's representative within five (5) days of the date of the request for such a meeting.
c. Within ten (10) work days following the Step 2 meeting, the District shall submit a written reply to the grievant or the grievant's representative. If the District fails to reply in writing, the grievant or the grievant's representative may request arbitration in accordance with Step 3 of this procedure.
Step 3: If the grievance is not resolved through informal discussions, the School Board designee shall give a written decision on the grievance to the grievant within seven (7) days after receipt of the written grievance. Upon receipt of such written decisionin Step 2, the grievant or the grievant's representative may refer the matter to arbitration. Any request for arbitration shall inform be in writing and must be received by the exclusive other party within ten (10) work days following receipt by the grievant or the grievant's representative of the District's written reply to the grievance. The exclusive District and the grievant or the grievant's representative may elect select a mutually acceptable arbitrator. If not able to represent do so, the Forum may request a list of five (5) names of qualified arbitrators from the Bureau of Mediation Services, State of Minnesota. The District and the grievant or the grievant's representative shall determine who is to strike the first name from the list by the toss of a coin. Each party will then alternately strike names until only one remains, who shall be the arbitrator who shall hear and decide the grievance. The arbitrator shall not have the power to modify in any form whatsoever any provision of this Agreement but shall make a final and binding decision. Fees and expenses of the arbitrator shall be divided equally between the District and the grievant or the grievant's representative. The time limitations set forth herein relating to the time for filing a grievance and demand for arbitration shall be mandatory. Failure to follow said limitations shall result in the grievance being waived and it shall not be submitted to arbitration. In the event the exclusive representative elects District does not reply to represent the grievance as required in Step 2, and the time limits contained therein are not extended by mutual consent, the grievance shall be referred to the next step. The time limitations provided herein may be extended by mutual written Agreement of the District and the grievant or the grievant's representative. Nothing in this contract shall prevent an employee from pursuing both a grievance under this contract and a Charge of Discrimination, said xxxxxxxx may represent himself/herself or may be represented by any part including, but not limited to, those Charges of his/her choice.
Subdivision 2. Level II: In the event the grievance is not resolved in Level IDiscrimination brought under Title VII, the decision rendered may be appealed to the Superintendent of Schools, provided such appeal is made in writing within seven (7) days after receipt of the decision in Level I. If a grievance is properly appealed to the SuperintendentAmericans with Disabilities Act, the Superintendent Age Discrimination in Employment Act, or his/her designee shall set a time to meet regarding the grievance within ten (10) days after receipt of the appeal. Within seven (7) days after the meeting the Superintendent or his/her designee shall issue a decision in writing to the parties involvedEqual Pay Act.
Subdivision 3. Level III: In the event the grievance is not resolved in Level II, the decision rendered may be appealed to the School Board, provided such appeal is made in writing within five (5) days after receipt of the decision in Level II. If a grievance is properly appealed to the School Board, the School Board shall set a time to hear the grievance within twenty (20) days after receipt of the appeal. Within seven (7) days after the meeting, the School Board shall issue its decision in writing to the parties involved. At the option of the School Board, a committee or representative(s) of the School Board may be designated by the School Board to hear the appeal at this level, and report its findings and recommendations to the School Board. The School Board shall then render its decision.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Adjustment of Grievance. The School Board grievant and the teacher School District shall attempt to adjust all grievances which may arise during the course of employment of any teacher within the School District in the following manneras follows:
Subdivision 1Step I. If a grievant believes there has been a grievance, he/she shall discuss the matter with his/her department head or building administrator as appropriate in an attempt to arrive at a satisfactory solution. Level I: If the grievance is not resolved through informal discussionsas a result of this meeting, the School Board designee grievance shall give a written decision be reduced to writing on the form provided by the School District which sets forth the facts and the specific portions of this Agreement allegedly violated and the particular relief sought. An alleged grievance must be presented in writing on the appropriate form to the Executive Director of Human Resources within 20 days of the occurrence of the event, or within 20 days of the time that the grievant through the use of diligence should have known of the alleged grievance.
Step II. The Executive Director of Human Resources shall meet with the grievant within seven (7) 10 days after receipt of the written grievance. Upon receipt of such grievance and give a written decision, answer to the grievant shall inform within 5 days after the exclusive representative of the grievancemeeting. The exclusive representative may elect grievant has 10 days within which to represent either accept the grievant. In answer or appeal it in writing to the event the exclusive representative elects not to represent the grievant, said xxxxxxxx may represent himself/herself or may be represented by any part of his/her choicenext level.
Subdivision 2Step III. Level II: In the event If the grievance is has not been resolved in Level Iat Step II, the decision rendered it may then be appealed in writing to the Superintendent. The Superintendent of Schools, provided such appeal is made in writing or his designee shall meet within seven (7) 10 days after receipt of the decision in Level I. written appeal to discuss the problem with the grievant. Within 7 days of the meeting the Superintendent or his designee shall submit a written answer to the grievant.
Step IV. If a the grievance remains unresolved at the conclusion of Step III, it may be submitted for binding arbitration at the discretion of the Association provided written notice of the request for submission to arbitration is properly appealed delivered to the Superintendent, the Superintendent or his/her designee shall set a time to meet regarding the grievance 's Office within ten (10) days after the date of receipt of the appeal. Within seven decision at Step III.
(7a) days after If the meeting the Superintendent or his/her designee shall issue a decision in writing parties cannot agree as to the parties involved.
Subdivision 3. Level III: In the event the grievance is not resolved in Level II, the decision rendered may be appealed to the School Board, provided such appeal is made in writing arbitrator within five (5) calendar days after from the notification date that arbitration will be pursued, the Board of Personnel Appeals shall be called upon to submit, within three (3) days to both parties, a list of five (5) names. Within five (5) days of receipt of the decision list, the parties shall select an arbitrator by striking two names from the list in Level IIalternate order, and the name so remaining shall be the arbitrator. If Within sixty (60) days of the appointment by the Board of Personnel Appeals, the arbitrator selected shall make an award.
(b) Rules and procedures governing the hearing shall be fixed by the arbitrator and the award, when signed by the arbitrator, shall be final and binding and may be enforced in a grievance is properly appealed court of competent jurisdiction in accordance with Montana law.
(c) The arbitrator shall have no power to add to, subtract from or alter or vary in any way, the express terms of this Agreement, nor imply any restriction or burden against either party that has not been assumed in this Agreement. The Board and the aggrieved party shall not be permitted to assert in such arbitration preceding any ground or to rely on any evidence not previously disclosed to the School Boardother party.
(d) The fees and expenses of the arbitrator and other costs of the arbitration shall be shared jointly and equally between the Board and the Association. Neither party shall be required to pay any part of the cost of a stenographic record without its consent, provided that failure of a party to share the School Board cost of such record shall set be deemed a waiver of the party's right to access to the records.
(e) Grievance hearings and meetings shall be conducted at a time that will provide an opportunity for the aggrieved party and all parties of interest to hear be present. When mutually scheduled hearings are held during the workday persons required to participate in the hearing shall be excused without loss of pay or other benefits.
(f) Reprisals shall not be taken against any party of interest in the grievance within twenty procedure by reason of such participation.
(20g) days after receipt All documents, communications and records shall be deemed to be an acceptance of the appeal. Within seven decision previously rendered and shall constitute a waiver of any future appeal through the grievance procedure concerning the particular grievance.
(7h) days after Notwithstanding the meetingexpiration of this Agreement, the School Board shall issue its decision in writing to the parties involved. At the option of the School Board, a committee any claim or representative(s) of the School Board grievance arising there under may be designated by processed through the School Board to hear the appeal at this level, and report its findings and recommendations to the School Board. The School Board shall then render its decisiongrievance procedure until resolution.
Appears in 1 contract
Samples: Labor Agreement
Adjustment of Grievance. The School Board grievant and the teacher School District shall attempt to adjust all grievances which may arise during the course of employment of any teacher within the School District in the following manneras follows:
Subdivision 1Step I. If a grievant believes there has been a grievance, he/she shall discuss the matter with the Principal to arrive at a satisfactory solution. Level I: The Association may be invited by the teacher to attend such discussion. However, the Association will be notified in writing of the disposition of the matter and the Association acknowledges such disposition is not inconsistent with the terms of this Agreement. If the grievance is not resolved through informal discussionsas a result of this meeting, the School Board designee grievance shall give a written decision be reduced to writing on the form attached to this Agreement as an addendum, which sets forth the facts and the specific provisions of this Agreement allegedly violated and the particular relief sought. An alleged grievance must be presented in writing on the appropriate form attached hereto as an Addendum, to the grievant Superintendent within seven ten (710) days after of the occurrence of the event, or within ten (10) days of the time that the grievant through the use of diligence should have known of the alleged grievance.
Step II. The Superintendent shall meet with the grievant and his/her Association Representative within ten (10) days of receipt of the written grievance. Upon receipt grievance to discuss the issues and within ten (10) days of such the meeting shall submit his written decision, decision to the grievant shall inform and the exclusive representative of the grievance. The exclusive representative may elect to represent the grievant. In the event the exclusive representative elects not to represent the grievant, said xxxxxxxx may represent himself/herself or may be represented by any part of his/her choiceAssociation.
Subdivision 2Step III. Level II: In the event If the grievance is not resolved in Level Iat Step II, the grievant may appeal the Superintendent’s decision rendered may be appealed in writing to the Superintendent Board of SchoolsTrustees within ten (10) days of receipt of the Superintendent’s decision. The grievant and his/her Association Representative, provided such appeal is made in writing and the Board shall mutually select a date on which to meet to discuss the grievance, within seven thirty (730) days after receipt submission to the Board of Trustees. The Board shall provide a written response to the grievant and the Association within ten (10) days following such meeting.
1. If the grievance remains unsolved at the conclusion of Step III, it may be submitted for binding arbitration only at the option of the decision in Level I. If a grievance Association provided written notice of the request for submission to arbitration is properly appealed delivered to the Superintendent, the Superintendent or his/her designee shall set a time to meet regarding the grievance ’s Office within ten (10) days after the date of receipt of the appealresponse at Level III.
2. Within seven (7) days after If the meeting the Superintendent or his/her designee shall issue a decision in writing parties cannot agree as to the parties involved.
Subdivision 3. Level III: In the event the grievance is not resolved in Level II, the decision rendered may be appealed to the School Board, provided such appeal is made in writing arbitrator within five (5) calendar days after receipt of from the decision in Level II. If a grievance is properly appealed to the School Boardnotification date that arbitration will be pursued, the School Board of Personnel Appeals shall set be called upon to submit a time to hear the grievance within twenty (20) days after receipt list of the appeal. Within seven (7) days after the meeting, the School Board shall issue its decision in writing to the parties involved. At the option of the School Board, a committee or representative(s) of the School Board may be designated by the School Board to hear the appeal at this level, and report its findings and recommendations to the School Board. The School Board shall then render its decision.five
Appears in 1 contract
Samples: Master Contract
Adjustment of Grievance. 22.01 It is the mutual desire of the parties hereto that complaints of employees be adjusted as quickly as possible and it is generally understood that an employee has no grievance until he has given to his xxxxxxx an opportunity to adjust his complaint.
22.02 The School Board Union shall arrange for the election from its working membership of a Union Grievance Committee of two headed by a Union Xxxxxxx who shall act as spokesman for that Committee. Immediately after an election, the Union Grievance Committee will notify the Company in writing as to the names of the Union Xxxxxxx and the teacher members of the Union Grievance Committee elected and the Company will acknowledge in writing the receipt of such notice. The Company shall attempt not be required to adjust all grievances which may arise during recognize either the course Union Xxxxxxx or the Union Grievance Committee until such time as this procedure is carried out.
22.03 It is agreed that there shall be no discrimination exercised in any manner towards the Xxxxxxx or Union Grievance Committee men.
22.04 A grievance under the provisions of employment this Agreement is defined to be any difference between the parties or between the Company and the employees covered by this Agreement involving the interpretation, application, administration or alleged violation of any teacher within of the School District provisions of this Agreement.
22.05 Grievances as defined above may be taken in writing, by the following manner:
Subdivision 1. Level I: If employee or the grievance is not resolved through informal discussionsUnion Xxxxxxx or the Union Representative, the School Board designee shall give a written decision on the grievance directly to the grievant employee’s immediate Supervisor for adjustment outside working hours or during working hours if this does not interfere with the efficient operation of the plant. No grievance shall be recognized unless this procedure is followed. STAGE 2 The matter shall be taken up by the Union Grievance Committee and/or Union Representative with the Superintendent or his Representative within four (4) working days, in writing, on forms to be supplied by the Union. The Superintendent or his Representative shall make a reply in writing within a further four (4) working days. Failing a satisfactory adjustment, then, STAGE 3 The matter shall be taken up by the Officers of the Local Union and/or their Representative with the Manager of the Company or his Representative within fifteen (15) days. Failing a settlement within seven (7) days, then, STAGE 4 Either party may, within the following fifteen (15) days refer the matter to arbitration.
22.06 In arbitration, the Company and the Union shall each select one person; these two shall select a third party who shall act as Chairman. Either party shall appoint its nominee not later than five days after receipt written notice of the written grievanceother party’s nomination. Upon receipt The Arbitration Board’s decision shall be final and binding on both parties to the Agreement.
22.07 It is understood that the function of such written decisionthe Arbitration Board shall be to interpret and apply this Agreement and that it shall deal only with the specific questions as submitted and shall have no power to alter, add to or amend this Agreement. However, the grievant shall inform the exclusive representative function of the grievanceArbitration Board shall include the power to consider adjustments to individual job classification rates under Article 8.00. The exclusive representative may elect Arbitration Board shall have no power to represent decide questions involving general wage adjustments.
22.08 Saturdays, Sundays, Statutory and Legal Holidays shall not be included in any time limits in this Article of the grievant. In the event the exclusive representative elects not to represent the grievant, said xxxxxxxx may represent himself/herself or Agreement and time limits provided may be represented amended by any part mutual agreement of his/her choicethe parties.
Subdivision 2. Level II: In 22.09 A grievance arising from a claim by an employee that his discharge or suspension by the event the grievance is not resolved in Level I, the decision rendered may be appealed Company was unjust or contrary to the Superintendent terms of Schoolsthis agreement, provided such appeal is made must be dealt with in writing within seven (7) days after receipt of the decision in Level I. If a grievance is properly appealed by both parties and must be presented to the Superintendent, the Superintendent or his/her designee shall set a time to meet regarding the grievance within ten Company not later than fifteen (10) days after receipt of the appeal. Within seven (715) days after the meeting discharge or suspension becomes effective. In cases of discharge or suspension by the Superintendent Company, the Company will notify forthwith the employee and the Xxxxxxx in writing of the reasons for such discharge or his/her designee suspension. A grievance hereunder shall issue be lodged at Stage 3 of the grievance procedure.
22.10 Each party to this agreement shall pay all expenses of the member of the Arbitration Board selected by it or by the Minister of Labour, and shall share
22.11 If the Company has a decision grievance as defined in Article 22.04, it shall commence at Stage III of the Grievance Procedure by the Manager of the Company or his Representative presenting the matter in writing to the parties involvedPresident of the Union or his Representative. Failing a settlement within fifteen (15) days, then either party may within the following fifteen (15) days refer the matter to Arbitration.
Subdivision 3. Level III: In the event the grievance is not resolved in Level II, the decision rendered may be appealed to the School Board, provided such appeal is made in writing within five (5) days after receipt of the decision in Level II. If a grievance is properly appealed to the School Board, the School Board 22.12 Nothing herein shall set a time to hear the grievance within twenty (20) days after receipt of the appeal. Within seven (7) days after the meeting, the School Board shall issue its decision in writing to prevent the parties involved. At the option from mutually agreeing to a sole arbitrator to arbitrate grievances arising out of the School Board, a committee discipline or representative(s) of the School Board may be designated by the School Board to hear the appeal at this level, and report its findings and recommendations to the School Board. The School Board shall then render its decisiondischarge.
Appears in 1 contract
Samples: Local Agreement
Adjustment of Grievance. The School Board and the teacher shall attempt to adjust all grievances grievances, which may arise during the course of employment of any teacher within the School District in the following manner:
Subdivision A. Level I. An attempt shall be made to resolve any grievance in informal, verbal discussion between the grievant and his/her immediate supervisor (typically a building principal). This may be done by:
1. Expressing his/her complaint directly to his/her principal or immediate supervisor.
2. Appearing together with his/her education association representative.
B. Level I: II. If the grievance is not resolved through informal discussionsdiscussion, the School Board designee teacher’s immediate superior shall give a written decision on the grievance to the grievant within seven (7) days after receipt of the written grievance. Upon receipt of such written decision, the grievant shall inform the exclusive representative of the grievance. The exclusive representative may elect to represent the grievant. In the event the exclusive representative elects not to represent the grievant, said xxxxxxxx may represent himself/herself or may be represented by any part of his/her choice.
Subdivision 2. Level II: In the event the grievance is not resolved in Level I, the decision rendered may be appealed to the Superintendent of Schools, provided such appeal is made in writing within seven (7) days after receipt of the decision in Level I. If a grievance is properly appealed to the Superintendent, the Superintendent or his/her designee shall set a time to meet regarding the grievance parties involved within ten (10) days after receipt of the appeal. Within seven (7) days after the meeting the Superintendent or his/her designee shall issue a decision in writing to the parties involvedwritten grievance.
Subdivision 3. C. Level III: . In the event the grievance is not resolved in Level II, the decision rendered may be appealed to the School Board, Superintendent of Schools provided such appeal is made in writing within five (5) days after receipt of the decision in Level II. If a grievance is properly appealed to the Superintendent, the Superintendent or designee shall set a time to meet regarding the grievance within 15 (fifteen) days after receipt of the appeal. Within ten (10) days after the meeting, the Superintendent or designee shall issue a decision in writing to the parties involved.
D. In the event the grievance is not resolved in Level III, the Association requests five (5) days to review the grievance and to vote by secret ballot to determine if said grievance should be supported. The grievant may continue with the grievance even though the Association may elect not to support it.
E. Level IV. If the grievance is not resolved in Level III, the decision rendered may be appealed to the School Board, provided such appeal is made in writing within ten (10) days after receipt of the decision in Level III. If a grievance is properly appealed to the School Board, the School Board shall set a time to hear the grievance within twenty 20 (20twenty) days after the receipt of the appeal. Within seven 20 (7twenty) days after the meeting, the School Board shall issue its decision in writing to the parties involved. At the option of the School Board, a committee or representative(s) of the School Board may be designated by the School Board to hear the appeal at this level, and report its findings and recommendations to the School Board. The School Board shall then render its decision.
Appears in 1 contract
Samples: Negotiated Agreement
Adjustment of Grievance. The School Board District and the teacher shall will attempt to adjust all grievances which may arise during the course of employment of any teacher within the School District in the following manner:
Subdivision 1. : Level IOne: If the grievance is not resolved through informal discussions, the School Board designee shall principal will give a written decision on the grievance to the grievant and the Association within seven (7) 10 working days after written receipt of the written grievance. Upon receipt of such written decision, the grievant shall inform the exclusive representative of the grievance. The exclusive representative may elect to represent the grievant. In the event the exclusive representative elects not to represent the grievant, said xxxxxxxx may represent himself/herself or may be represented by any part of his/her choice.
Subdivision 2. Level IITwo: In the event the grievance is not resolved in Level IOne, the decision rendered may be appealed to the Superintendent of SchoolsSuperintendent, provided such appeal is made in writing within seven (7) 10 working days after receipt of the decision in Level I. One. If a grievance is properly appealed to the Superintendent, the Superintendent or his/her designee shall will set a time to meet regarding the grievance within ten (10) 7 working days after receipt of the appeal. Within seven (7) 10 working days after the meeting meeting, the Superintendent or his/her designee shall will issue a decision in writing to the parties involved.
Subdivision 3grievant and the Association. Level IIIThree: In the event the grievance is not resolved in Level IITwo, the decision rendered may be appealed to the School BoardBoard of Trustees, provided such appeal is made in writing to the District Clerk, within five (5) 5 working days after receipt of the decision in Level IITwo. If a the grievance is properly appealed to the School BoardBoard of Trustees, the School Board shall set Chair/Designee and the Association President/Designee will conduct a time meeting within 20 working days of the appeal wherein representatives of the Association and representatives of the Board of Trustees will discuss the grievance. The Board of Trustees will render a decision in writing to hear the grievant and the Association not later than 15 working days after this meeting. Step Waiver: Provided both parties agree in writing, any level of this grievance procedure may be by-passed and processed at a higher level. This waives all rights to resubmit the same grievance back to a lower level. Binding Arbitration: Should the grievance not be resolved in Level Three, the Association President may, within twenty (20) 10 working days of receipt of the Board's decision in Level Three, submit the grievance, using the Grievance Reporting Form, to final and binding arbitration in accordance with the following provisions. The arbitrator will be chosen from a list of 7 potential arbitrators, provided by the Board of Personnel Appeals, by each party eliminating one name until the arbitrator is left. This "striking" procedure will take place within 10 working days after receipt of the appeallist. Within seven (7) The arbitrator will hear the case as soon as possible and issue a written decision to the parties within 30 working days after the meetingclose of the hearing. The costs of the arbitration hearing will be shared, except that each party will be responsible for its own representation and presentation costs. The arbitrator is prohibited from adding to, subtracting from, or otherwise modifying the terms of this Agreement. Should any grievant process the same matter that is subject to the grievance process to any agency or authority outside of the District, the School Board shall issue its decision in writing employee's grievance on the same matter will be considered waived. All time limits outlined refer to working days. Working days will mean days scheduled on the parties involved. At the option of the School Board, a committee school calendar as either school days or representative(s) of the School Board may be designated by the School Board to hear the appeal at this level, and report its findings and recommendations to the School Board. The School Board shall then render its decisionPIR days (except from June 1 through August 31 when working days will mean all days Monday through Friday).
Appears in 1 contract
Samples: Collective Bargaining Agreement
Adjustment of Grievance. 1. Any employee who claims to be aggrieved shall first discuss the problem with the lowest appropriate supervisor within fifteen (15) school days of the treatment, act or the initiating of a condition which is the basis of the claim, with the object of resolving the matter informally. Any such informal resolution of a grievance shall be consistent with this Agreement.
2. All grievances beyond B-1 above shall be processed by the Association.
3. If no formal resolution has been reached within the fifteen (15) day period pursuant to B-1 above, the employee may initiate a formal grievance by submitting the matter in writing to the next higher authority within five (5) school days of the expiration of the aforementioned fifteen (15) day period. This initial written grievance shall make known the full details of the situation so that a decision can be based on total pertinent information. The School Board written grievance shall specify the interpretation, application, or violation of policies, agreements and administrative decision giving rise to the grievance and the teacher proposed remedy, which remedy shall attempt not limit the Association and the Board from agreeing to adjust all grievances which nor an arbitrator from awarding other appropriate remedies. The Association shall simultaneously deliver a copy of the formal written complaint to the lowest appropriate supervisor with whom an informal resolution was sought and this Supervisor shall be afforded the opportunity of submitting a written comment for attachment to the formal complaint and consideration by the next higher authority. The Supervisor to whom the written grievance has been submitted shall review the material presented, may arise during discuss the course of employment of any teacher within issue with the School District in the following manner:
Subdivision 1. Level I: If the grievance is not resolved through informal discussionsparties involved, the School Board designee and shall give render a written decision on the grievance to the grievant within seven eight (7) days after receipt of the written grievance. Upon receipt of such written decision, the grievant shall inform the exclusive representative of the grievance. The exclusive representative may elect to represent the grievant. In the event the exclusive representative elects not to represent the grievant, said xxxxxxxx may represent himself/herself or may be represented by any part of his/her choice.
Subdivision 2. Level II: In the event the grievance is not resolved in Level I, the decision rendered may be appealed to the Superintendent of Schools, provided such appeal is made in writing within seven (7) days after receipt of the decision in Level I. If a grievance is properly appealed to the Superintendent, the Superintendent or his/her designee shall set a time to meet regarding the grievance within ten (10) days after receipt of the appeal. Within seven (7) 8) school days after the meeting the Superintendent or his/her designee shall issue grievance was received.
4. The Association may appeal a decision in writing to each higher administrative level in turn. For grievances originating at the parties involvedHigh School, the sequence shall be: immediate Supervisor, Principal, Superintendent. At all other schools, the sequence shall be: Building Principal, Superintendent. For grievances involving custodians, the sequence shall be: immediate Supervisor, Business Administrator, Superintendent. Each written appeal shall be made within eight (8) school days of the preceding Supervisor's decision or within eight (8) school days of the expiration of the time limit for such a decision as specified in B-3 and B-11 herein.
Subdivision 35. Level III: In To carry an appeal to the event the grievance is not resolved in Level IIBoard, the decision rendered may be appealed Association shall submit to the School Board Secretary the complete records thus far accumulated plus its written reason for forwarding the appeal within eight (8) school days of the Superintendent's decision and notify the Superintendent of its action. The Secretary shall promptly notify the Board, provided such . The Board may hold a meeting and/or hearing with the grievant and representatives. If the grievant's appeal is made received by the Board Secretary at least ten (10) school days prior to a regularly scheduled Board Agenda Meeting, the Board shall render a decision in writing within not later than five (5) school days after receipt following the regularly scheduled Board Meeting. If the grievance appeal is received less than ten (10) school days prior to the Agenda Meeting or if a Grievance Meeting or Hearing cannot be concluded prior to the Board Agenda Meeting, the response of the decision in Level IIBoard of Education shall be delayed until five (5) school days following the second subsequent regularly scheduled Board Meeting.
6. If the Association is dissatisfied with the determination of the Board of Education, it may, within eight (8) school days, initiate binding arbitration by submitting to the Board of Education a written notice of its intent to arbitrate.
a. The Association may request the Public Employment Relations Commission to initiate arbitration procedures pursuant to the Commission's rules and regulations.
b. Rights, duties, and jurisdiction of arbitrator:
(1) Before the submission of a grievance is properly appealed to arbitration each party shall, in writing, set forth the issue or issues to be determined and /or considered by the arbitrator.
(2) The arbitrator must be limited to a consideration of the issues presented.
(3) The arbitrator can neither alter, modify, add to nor subtract from any of the provisions of the Agreement.
(4) The determination of the arbitration must be limited to the School Board, the School Board shall set a time to hear the grievance within twenty (20) days after receipt express terms and/or conditions of the appeal. Within seven (7) days after Agreement which are the meeting, the School Board shall issue its decision in writing to the parties involved. At the option subject of the School Boardgrievance.
(5) Disputes involving questions of unfair labor practice, a committee or representative(s) scope of negotiations questions, questions of representation and any other matters within the jurisdiction of the School Board may Public Employment Relations Commission as well as constitutional issues shall not be designated by arbitrable. Furthermore, either party shall have the School Board right to hear challenge in court any arbitration award on the appeal at this level, and report its findings and recommendations to grounds that the School Board. The School Board shall then render its decisionarbitrator misconstrued or misapplied principals of law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Adjustment of Grievance. The School Board employer and the teacher grievant shall attempt to adjust all grievances which may arise during the course of employment of any teacher employee within the School District school district in the following manner:
Subdivision Step 1: The employee will informally discuss the grievance with his/her immediate supervisor.
a. If the grievance is not resolved at the time of the Step 1 informal discussion, it shall be reduced to writing and submitted to the supervisor. Level IThe written grievance shall set forth the nature of the grievance, the specific facts giving rise to the grievance, the specific provisions of this Agreement allegedly violated, and the specific remedy sought. The written grievance must be submitted within twenty (20) working days after the event giving rise to the grievance.
b. Within ten (10) work days after submission of the written grievance, the supervisor shall answer the grievance in writing. If the written answer is not accepted, the grievant or the grievant's representative may request a meeting to consider the grievance. This meeting shall be scheduled among representatives of the District and the grievant or the grievant's representative within five (5) days of the date of the request for such a meeting.
c. Within ten (10) work days following the Step 2 meeting, the District shall submit a written reply to the grievant or the grievant's representative. If the District fails to reply in writing, the grievance shall be deemed to be denied, and the grievant or the grievant's representative may request arbitration in accordance with Step 3 of this procedure.
Step 3: If the grievance is not resolved through informal discussions, the School Board designee shall give a written decision on the grievance to the grievant within seven (7) days after receipt of the written grievance. Upon receipt of such written decisionin Step 2, the grievant or the grievant's representative may refer the matter to arbitration. Any request for arbitration shall inform be in writing and must be received by the exclusive other party within ten (10) work days following receipt by the grievant or the grievant's representative of the District's written reply to the grievance. The exclusive District and the grievant or the grievant's representative may elect select a mutually acceptable arbitrator. If not able to represent do so, either party may request a list of five (5) names of qualified arbitrators from the Bureau of Mediation Services, State of Minnesota. The District and the grievant or the grievant's representative shall determine who is to strike the first name from the list by the toss of a coin. Each party will then alternately strike names until only one remains, who shall be the arbitrator who shall hear and decide the grievance. The arbitrator shall not have the power to modify in any form whatsoever any provision of this Agreement but shall make a final and binding decision. Fees and expenses of the arbitrator shall be divided equally between the District and the grievant or the grievant's representative. The time limitations set forth herein relating to the time for filing a grievance and demand for arbitration shall be mandatory. Failure to follow said limitations shall result in the grievance being waived and it shall not be submitted to arbitration. In the event the exclusive representative elects District does not reply to represent the grievance as required in Step 2, and the time limits contained therein are not extended by mutual consent, the grievance shall be deemed denied and referred to the next step. The time limitations provided herein may be extended by mutual written Agreement of the District and the grievant or the grievant's representative. Nothing in this contract shall prevent an employee from pursuing both a grievance under this contract and a Charge of Discrimination, said xxxxxxxx may represent himself/herself or may be represented by any part including, but not limited to, those Charges of his/her choice.
Subdivision 2. Level II: In the event the grievance is not resolved in Level IDiscrimination brought under Title VII, the decision rendered may be appealed to the Superintendent of Schools, provided such appeal is made in writing within seven (7) days after receipt of the decision in Level I. If a grievance is properly appealed to the SuperintendentAmericans with Disabilities Act, the Superintendent Age Discrimination in Employment Act, or his/her designee shall set a time to meet regarding the grievance within ten (10) days after receipt of the appeal. Within seven (7) days after the meeting the Superintendent or his/her designee shall issue a decision in writing to the parties involvedEqual Pay Act.
Subdivision 3. Level III: In the event the grievance is not resolved in Level II, the decision rendered may be appealed to the School Board, provided such appeal is made in writing within five (5) days after receipt of the decision in Level II. If a grievance is properly appealed to the School Board, the School Board shall set a time to hear the grievance within twenty (20) days after receipt of the appeal. Within seven (7) days after the meeting, the School Board shall issue its decision in writing to the parties involved. At the option of the School Board, a committee or representative(s) of the School Board may be designated by the School Board to hear the appeal at this level, and report its findings and recommendations to the School Board. The School Board shall then render its decision.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Adjustment of Grievance. The School Board and the teacher 17.01 Grievances arising under this Agreement shall attempt to adjust all grievances which may arise during the course of employment of any teacher within the School District be taken up in the following manner:
Subdivision 1Step 1 The Shop Xxxxxxx, together with the individual Employee involved, shall first take up the matter with the Employee's immediate Supervisor or someone designated by the Employer. Level I: If the a written grievance is not resolved through informal discussionssubmitted, the School Board designee shall give a written decision on the grievance to the grievant response shall be given within seven (7) days after receipt of the date the written grievancegrievance is filed.
Step 2 If a satisfactory settlement is not reached then the same individual along with a Shop Xxxxxxx and/or Union Business Agent shall take up the grievance with the Personnel Officer. Upon receipt of such written decision, Statements in writing shall be exchanged by the grievant shall inform Parties concerned regarding the exclusive representative disposition of the grievance. The exclusive representative may elect to represent the grievant. In the event the exclusive representative elects not to represent the grievant, said xxxxxxxx may represent himself/herself or may be represented by any part of his/her choice.
Subdivision 2. Level II: In the event Step 3 If the grievance is not then resolved, it shall be referred to the Union and Management head offices. Step 4 If the grievance is not then resolved in Level I, the decision rendered it may be appealed referred to Article 17.05 or to Arbitration as set out in Article 18.00.
17.02 At no time will the Superintendent limit of Schools, provided such appeal is made in writing within seven (7) days after receipt as set out in Step 1, be exceeded in Steps 2, 3 and 4 unless by mutual consent of both Parties.
17.03 The individual Employee involved, Shop Xxxxxxx, and members of the decision in Level I. If Plant Grievance Committee will be afforded time off with pay to attend meetings with Management.
17.04 Where the Employer lodges a grievance is properly appealed against the Union and/or any Employee, then that grievance shall commence at Step 2 of the Grievance Procedure.
17.05 Where, after exhausting the first three steps of the grievance procedure of this agreement, a difference remains between the parties relating to the Superintendentcallouts, seniority issues, pay issues (individual cases), leaves of absence, vacation issues, bereavement issues, the Superintendent discipline of an Employee (other than discharge), or his/her designee shall set any other matters the Parties may mutually agree to, including any question as to whether the matter is arbitrable, Xx. Xxx Xxxxxx, or a time to meet regarding substitute agreed
a) Investigate the grievance within ten (10difference,
b) days after receipt Define the issue in the difference, and
c) Make an order in writing, with reasons, for final and binding settlement of the appeal. Within seven (7) days after the meeting the Superintendent or his/her designee shall issue a decision in writing to the parties involved.
Subdivision 3. Level III: In the event the grievance is not resolved in Level II, the decision rendered may be appealed to the School Board, provided such appeal is made in writing within five (5) days after receipt of the decision in Level II. If a grievance is properly appealed to the School Board, the School Board shall set a time to hear the grievance dispute within twenty (20) days after of the date of his/her receipt of the appeal. Within seven request, or such extension of time as may be mutually agreed upon by the parties.
d) Notwithstanding (7c), where the parties have mutually agreed before the request is submitted, the arbitrator shall make written recommendations to resolve the difference within twenty (20) days after time does not run in respect of the meetingGrievance and Arbitration Procedures. As this procedure is intended to be non-legal, the School Board shall issue its decision in writing parties may present their own arguments by mutual agreement prior to the commencement of this process. All presentations are to be short and concise and are to include a comprehensive opening "statement". The parties involvedagree to make limited use of authorities and such witnesses as are necessary during the presentation of their cases. At Prior to rendering a decision, the option arbitrator may assist the parties in mediating a resolution to the grievance. All decision of the School Board, a committee or representative(s) Arbitrator are to be limited in application to that particular dispute and are without prejudice. These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding. The parties shall jointly apply to the Minister of Labour for payment of remuneration and expenses of the School Board arbitrator to be made in accordance with Section 103 of the Labour Relations Code. Any remuneration and expenses not paid under that section shall be borne equally by the parties to this Agreement. If both Parties agree, other matters may be designated by the School Board to hear the appeal at this level, and report its findings and recommendations referred to the School Board. The School Board shall then render its decisiontroubleshooter for either recommendations on how to resolve the dispute or for resolution, depending on the particular dispute.
Appears in 1 contract
Samples: Collective Agreement
Adjustment of Grievance. The School Board District and the teacher employee shall attempt to adjust all grievances grievances, which may arise during the course of employment of on any teacher employee within the School District in the following manner:
Subdivision 1. : Level IOne: If the grievance is not resolved through informal discussions, the School Board designee District Principal shall give a written decision on the grievance to the grievant parties involved within seven (7) 5 days after receipt of the written grievance. Upon receipt of such written decision, the grievant shall inform the exclusive representative of the grievance. The exclusive representative may elect to represent the grievant. In the event the exclusive representative elects not to represent the grievant, said xxxxxxxx may represent himself/herself or may be represented by any part of his/her choice.
Subdivision 2. Level IITwo: In the event the grievance is not resolved in Level IOne, the decision rendered may be appealed to the Superintendent of Schools, provided such appeal is made in writing within seven five (75) days after receipt of the decision in Level I. One. If a grievance is properly appealed to the Superintendent, the Superintendent or his/her designee shall set a time to meet regarding the grievance within ten (10) 7 days after receipt of the appeal. Within seven five (75) days after the meeting meeting, the Superintendent or his/her designee shall issue a decision in writing writing, to the parties involved.
Subdivision 3involved a decision. Level IIIThree: In the event the grievance is not resolved in Level IITwo, the decision rendered may be appealed to the School BoardBoard of Trustees, provided such appeal is made in writing to the District Clerk, within five (5) school days after receipt of the decision in Level IITwo. If a grievance is properly appealed to the School BoardBoard of Trustees, a meeting between the School Board of Trustees or representative thereof and the Federation shall set a time to hear the grievance be held within twenty thirty (2030) days after receipt to discuss the grievance. The Board of the appeal. Within Trustees or its representative within seven (7) days after the meeting, the School Board shall issue its meeting will render a decision in writing to the parties party involved. At Should the option grievance not be resolved in Xxxxx 0, the Federation President may within ten (10) days of receipt of the Board's decision in Level 3 submit the grievance, using the Grievance Reporting Form, to final and binding arbitration in accordance with the following provisions. The arbitrator shall be chosen from a list of seven (7) potential arbitrators, provided by the Board of Personnel Appeals, by each party eliminating one name until the arbitrator is left. This "striking" procedure shall take place within ten (10) working days after receipt of the list. The arbitrator shall hear the case as soon as possible, and issue a written decision to the parties within thirty (30) days after the close of the hearing. The costs of the arbitration hearing shall be shared, except that each party shall be responsible for its own representation and presentation costs. The arbitrator is prohibited from adding to, subtracting from or otherwise modifying the terms of the Agreement. Should any grievant process the same matter that is subject to the grievance process to any agency or authority outside of the School BoardDistrict, a committee or representative(s) the employee's grievance on that same matter shall be considered waived. Step Waiver: Provided both parties agree in writing, any level of the School Board this grievance procedure may be designated by by-passed and processed at a higher level. This waives all rights to resubmit the School Board same grievance back to hear the appeal at this a lower level, and report its findings and recommendations . All time limits outlined refer to the School Board. The School Board shall then render its decisionworking days.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Adjustment of Grievance. The School Board and the teacher Association shall attempt to adjust all grievances which may arise during the course of employment of any teacher within the School District in the following manner:
Subdivision SUBD. 1. Level I: In the event that the Association believes that there is a basis for a grievance exists, the Association shall first discuss the alleged grievance with the building principal, either personally or accompanied by the Association representative. If, as a result of the informal discussion with the building principal, the alleged grievance still exists, the grievant shall file a written grievance with the building principal or Superintendent pursuant to SECTION 1., Subd. 4. above.
LEVEL 1. If the grievance is not resolved through informal discussionsformally filed in writing, the principal or the School Board District's designee shall give a written decision on the grievance to the grievant parties within seven (7) 5 days after receipt of the written grievance. Upon receipt of such written decision, the grievant shall inform the exclusive representative of the grievance. The exclusive representative may elect to represent the grievant. In the event the exclusive representative elects not to represent the grievant, said xxxxxxxx may represent himself/herself or may be represented by any part of his/her choice.
Subdivision LEVEL 2. Level II: In the event the grievance is not resolved in Level ILEVEL 1, the written decision rendered may be appealed to the Superintendent of SchoolsSuperintendent, provided such appeal is made made, in writing writing, within seven (7) 5 days after receipt of the decision in Level I. If LEVEL 1. The Superintendent shall give a written decision on the grievance is properly appealed to the Superintendent, the Superintendent or his/her designee shall set a time to meet regarding the grievance parties involved within ten (10) 5 days after receipt of the appealgrievance. Within seven (7) days after the meeting the Superintendent or his/her designee shall issue a decision in writing to the parties involved.
Subdivision LEVEL 3. Level III: In the event the grievance is not resolved in Level IILEVEL 2, the written decision rendered may be appealed to the School Board, provided such appeal is made in writing writing, within five (5) 5 days after receipt of the written decision in Level IILEVEL 2. If a the grievance is properly appealed to the School Board, the School Board shall set a time to will hear the grievance within twenty (20) 10 days after receipt of the appeal. Within seven (7) days after the meeting, the School Board shall issue its decision in writing to the parties involved. At the option of the School Board, a committee or representative(s) of the School Board may be designated by the School Board to hear the appeal grievance at this level. Within 5 days after the meeting, and report the School Board or its findings and recommendations committee shall issue its decision, in writing, to the School Board. The School Board shall then render its decisionparties involved.
Appears in 1 contract
Samples: Master Agreement
Adjustment of Grievance. The School Board school district and the teacher employee shall attempt to adjust all grievances which may arise during the course of employment of any teacher employee within the School District school district in the following manner:.
Subdivision 1. Level I: If the grievance is not resolved through informal discussions, the School Board school district designee shall give a written decision on the grievance to the grievant parties involved within seven five (75) days after receipt of the written grievance. Upon receipt of such written decision, the grievant shall inform the exclusive representative of the grievanceSubd. The exclusive representative may elect to represent the grievant. In the event the exclusive representative elects not to represent the grievant, said xxxxxxxx may represent himself/herself or may be represented by any part of his/her choice.
Subdivision 2. Level II: In the event the grievance is not resolved in Level I, I the decision rendered may be appealed to the Superintendent superintendent of Schoolsschools, provided such appeal is made in writing within seven ten (710) days after receipt of the decision in Level I. If a grievance is properly appealed to the Superintendentsuperintendent, the Superintendent superintendent or his/her designee shall set a time to meet regarding the grievance within ten (10) days after receipt of the appeal. Within seven (7) days after the meeting the Superintendent or his/her his designee shall issue a decision in writing to the parties involved.
Subdivision . Subd. 3. Level III: In the event the grievance is not resolved in Level II, the decision rendered may be appealed to the School Boardschool board or its designated representative, provided such appeal is made in writing within five ten (510) days after the receipt of the decision in Level II. If a grievance is properly appealed to the School Boardschool board, the School Board school board shall set a time to hear the grievance no later than the second regularly scheduled school board meeting within twenty fifteen (2015) days days, whichever comes first, after receipt of the appeal. Within seven (7) days after the meeting, the School Board school board shall issue its decision in writing to the parties involved. At the option of the School Boardschool board, a committee or representative(s) of the School Board board may be designated by the School Board board to hear the appeal at this level, and report its findings and recommendations to the School Boardschool board. The School Board school board shall then render its decisiondecision in writing not later than seven (7) days following the meeting.
Appears in 1 contract
Samples: Employment Agreement
Adjustment of Grievance. 1. Any employee who claims to be aggrieved shall first discuss the problem with the lowest appropriate supervisor within fifteen (15) work days of the treatment, act or the initiating of a condition which is the basis of the claim, with the object of resolving the matter informally. Any such informal resolution of a grievance shall be consistent with this Agreement.
2. All grievances beyond B-1 above shall be processed by the Association.
3. If no formal resolution has been reached within the fifteen (15) day period pursuant to B-1 above, the employee may initiate a formal grievance by submitting the matter in writing to the next higher authority within five (5) work days of the expiration of the aforementioned fifteen (15) day period. This initial written grievance shall make known the full details of the situation so that a decision can be based on total pertinent information. The School Board written grievance shall specify the interpretation, application, or violation of policies, agreements and administrative decision giving rise to the grievance and the teacher proposed remedy, which remedy shall attempt not limit the Association and the Board from agreeing to adjust all grievances which nor an arbitrator from awarding other appropriate remedies. The Association shall simultaneously deliver a copy of the formal written complaint to the lowest appropriate supervisor with whom an informal resolution was sought and this Supervisor shall be afforded the opportunity of submitting a written comment for attachment to the formal complaint and consideration by the next higher authority. The Supervisor to whom the written grievance has been submitted shall review the material presented, may arise during discuss the course of employment of any teacher within issue with the School District in the following manner:
Subdivision 1. Level I: If the grievance is not resolved through informal discussionsparties involved, the School Board designee and shall give render a written decision on the grievance to the grievant within seven eight (7) days after receipt of the written grievance. Upon receipt of such written decision, the grievant shall inform the exclusive representative of the grievance. The exclusive representative may elect to represent the grievant. In the event the exclusive representative elects not to represent the grievant, said xxxxxxxx may represent himself/herself or may be represented by any part of his/her choice.
Subdivision 2. Level II: In the event the grievance is not resolved in Level I, the decision rendered may be appealed to the Superintendent of Schools, provided such appeal is made in writing within seven (7) days after receipt of the decision in Level I. If a grievance is properly appealed to the Superintendent, the Superintendent or his/her designee shall set a time to meet regarding the grievance within ten (10) days after receipt of the appeal. Within seven (7) 8) work days after the meeting the Superintendent or his/her designee shall issue grievance was received.
4. The Association may appeal a decision in writing to each higher administrative level in turn. For grievances originating at the parties involvedHigh School, the sequence shall be: immediate Supervisor, Principal, Superintendent. At all other schools, the sequence shall be: Building Principal, Superintendent. For grievances involving custodians, grounds, mechanical/building trades ‘employees, the sequence shall be: immediate Supervisor, Business Administrator, Superintendent. For grievances involving transportation employees, the sequence shall be: the Transportation Supervisor, Business Administrator, and Superintendent. Each written appeal shall be made within eight (8) work days of the preceding Supervisor’s decision or within eight (8) work days of the expiration of the time limit for such a decision as specified in B-3 and B-11 herein.
Subdivision 35. Level III: In To carry an appeal to the event the grievance is not resolved in Level IIBoard, the decision rendered may be appealed Association shall submit to the School Board Secretary the complete records thus far accumulated plus its written reason for forwarding the appeal within eight (8) work days of the Superintendent’s decision and notify the Superintendent of its action. The Secretary shall promptly notify the Board, provided such . The Board may hold a meeting and/or hearing with the grievant and representatives. If the grievant’ s appeal is made received by the Board Secretary at least ten (10) work days prior to a regularly scheduled Board Agenda Meeting, the Board shall render a decision in writing within not later than five (5) work days after receipt following the regularly scheduled Board Meeting.
6. If the grievance appeal is received less than ten (10) work days prior to the Agenda Meeting or if a Grievance Meeting or Hearing cannot be concluded prior to the Board Agenda Meeting, the response of the decision in Level IIBoard of Education shall be delayed until five (5) work days following the second subsequent regularly scheduled Board Meeting.
7. If the Association is dissatisfied with the determination of the Board of Education, it may, within eight (8) work days, initiate binding arbitration by submitting to the Board of Education a written notice of its intent to arbitrate.
a. The Association may request the Public Employment Relations Commission to initiate arbitration procedures pursuant to the Commission’s rules and regulations.
b. Rights, duties, and jurisdiction of arbitrator:
1. Before the submission of a grievance is properly appealed to arbitration each party shall, in writing, set forth the issue or issues to be determined and /or considered by the arbitrator.
2. The arbitrator must be limited to a consideration of the issues presented.
3. The arbitrator can neither alter, modify, add to nor subtract from any of the provisions of the Agreement.
4. The determination of the arbitration must be limited to the School Board, the School Board shall set a time to hear the grievance within twenty (20) days after receipt express terms and/or conditions of the appeal. Within seven (7) days after Agreement which are the meeting, the School Board shall issue its decision in writing to the parties involved. At the option subject of the School Boardgrievance.
5. Disputes involving questions of unfair labor practice, a committee or representative(s) scope of negotiations questions, questions of representation and any other matters within the jurisdiction of the School Board may Public Employment Relations Commission as well as constitutional issues shall not be designated by arbitral. Furthermore, either party shall have the School Board right to hear challenge in court any arbitration award on the appeal at this level, and report its findings and recommendations to grounds that the School Board. The School Board shall then render its decisionarbitrator misconstrued or misapplied principals of law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Adjustment of Grievance. The School Board or its designated representative and the teacher or the Exclusive Representative or a designated representative shall attempt to adjust all grievances which may arise during the course of employment of any the teacher within the School District in the following manner:
Subdivision Subd. 1. Level I: I. Whenever a grievance exists, the grieving teacher shall try to resolve the differences informally through discussion with the building principal or the immediate supervising administrator. A teacher who is not satisfied with the informal adjustment of the grievance, shall, within thirty (30) working days of when the grieving party through the use of reasonable diligence, should have had knowledge of the event or act giving rise to the grievance, reduce the grievance to writing and file it with the building principal or immediate supervising administrator on the form set forth in Appendix E. This written statement must be dated and signed by the teacher and the Exclusive Representative and shall set forth the facts and state the provisions of this Contract alleged to have been violated. The principal or immediate supervising administrator may meet with the teacher to discuss the grievance and shall indicate disposition of the grievance in writing, with a copy to the teacher and the Exclusive Representative within fifteen (15) working days of the receipt of the written grievance.
Subd. 2. Level II. If the grievance is not satisfactorily resolved through informal discussionsat Level I, the School Board designee shall give a written decision on copy of the grievance to shall be filed with the grievant Superintendent or appropriate Director within seven fifteen (715) working days after receipt of the written reply from the principal or immediate supervising administrator. The Superintendent or their delegated agent may meet with the teacher to discuss the grievance. Upon receipt of such , and shall meet upon written decision, the grievant shall inform the exclusive representative request of the grievanceteacher. The exclusive representative may elect to represent Superintendent or their delegated agent shall indicate the grievant. In the event the exclusive representative elects not to represent the grievant, said xxxxxxxx may represent himself/herself or may be represented by any part disposition of his/her choice.
Subdivision 2. Level II: In the event the grievance is not resolved in Level I, the decision rendered may be appealed writing with a copy to the Superintendent teacher and the Exclusive Representative within fifteen (15) working days of Schools, provided such appeal is made in writing within seven (7) days after the receipt of the decision in Level I. If a grievance is properly appealed written appeal to the Superintendent, the Superintendent or his/her designee shall set a time to meet regarding the grievance within ten (10) days after receipt of the appeal. Within seven (7) days after the meeting the Superintendent or his/her designee shall issue a decision in writing to the parties involvedsecond level.
Subdivision 3. Level III: In the event the grievance is not resolved in Level II, the decision rendered may be appealed to the School Board, provided such appeal is made in writing within five (5) days after receipt of the decision in Level II. If a grievance is properly appealed to the School Board, the School Board shall set a time to hear the grievance within twenty (20) days after receipt of the appeal. Within seven (7) days after the meeting, the School Board shall issue its decision in writing to the parties involved. At the option of the School Board, a committee or representative(s) of the School Board may be designated by the School Board to hear the appeal at this level, and report its findings and recommendations to the School Board. The School Board shall then render its decision.
Appears in 1 contract
Adjustment of Grievance. The School Board grievant and the teacher School District shall attempt to adjust all grievances which may arise during the course of employment of any teacher within the School District in the following manneras follows:
Subdivision 1Step I. If a grievant believes there has been a grievance, he/she shall discuss the matter with his/her department head or building administrator as appropriate in an attempt to arrive at a satisfactory solution. Level I: If the grievance is not resolved through informal discussionsas a result of this meeting, the School Board designee grievance shall give a written decision be reduced to writing on the form provided by the School District which sets forth the facts and the specific portions of this Agreement allegedly violated and the particular relief sought. An alleged grievance must be presented in writing on the appropriate form to the Executive Director of Human Resources within 20 days of the occurrence of the event, or within 20 days of the time that the grievant through the use of diligence should have known of the alleged grievance.
Step II. The Executive Director of Human Resources shall meet with the grievant within seven (7) 10 days after receipt of the written grievance. Upon receipt of such grievance and give a written decision, answer to the grievant shall inform within 5 days after the exclusive representative of the grievancemeeting. The exclusive representative may elect grievant has 10 days within which to represent either accept the grievant. In answer or appeal it in writing to the event the exclusive representative elects not to represent the grievant, said xxxxxxxx may represent himself/herself or may be represented by any part of his/her choicenext level.
Subdivision 2Step III. Level II: In the event If the grievance is has not been resolved in Level Iat Step II, the decision rendered it may then be appealed in writing to the Superintendent. The Superintendent of Schools, provided such appeal is made in writing or his designee shall meet within seven (7) 10 days after receipt of the decision in Level I. written appeal to discuss the problem with the grievant. Within 7 days of the meeting the Superintendent or his designee shall submit a written answer to the grievant.
Step IV. If a the grievance remains unresolved at the conclusion of Step III, it may be submitted for binding arbitration at the discretion of the Association provided written notice of the request for submission to arbitration is properly appealed delivered to the Superintendent, the Superintendent or his/her designee shall set a time to meet regarding the grievance ’s Office within ten (10) days after the date of receipt of the appeal. Within seven decision at Step III.
(7a) days after If the meeting the Superintendent or his/her designee shall issue a decision in writing parties cannot agree as to the parties involved.
Subdivision 3. Level III: In the event the grievance is not resolved in Level II, the decision rendered may be appealed to the School Board, provided such appeal is made in writing arbitrator within five (5) calendar days after from the notification date that arbitration will be pursued, the Board of Personnel Appeals shall be called upon to submit, within three (3) days to both parties, a list of five (5) names. Within five (5) days of receipt of the decision list, the parties shall select an arbitrator by striking two names from the list in Level IIalternate order, and the name so remaining shall be the arbitrator. If Within sixty (60) days of the appointment by the Board of Personnel Appeals, the arbitrator selected shall make an award.
(b) Rules and procedures governing the hearing shall be fixed by the arbitrator and the award, when signed by the arbitrator, shall be final and binding and may be enforced in a grievance is properly appealed court of competent jurisdiction in accordance with Montana law.
(c) The arbitrator shall have no power to add to, subtract from or alter or vary in any way, the express terms of this Agreement, nor imply any restriction or burden against either party that has not been assumed in this Agreement. The Board and the aggrieved party shall not be permitted to assert in such arbitration preceding any ground or to rely on any evidence not previously disclosed to the School Boardother party.
(d) The fees and expenses of the arbitrator and other costs of the arbitration shall be shared jointly and equally between the Board and the Association. Neither party shall be required to pay any part of the cost of a stenographic record without its consent, provided that failure of a party to share the School Board cost of such record shall set be deemed a waiver of the party's right to access to the records.
(e) Grievance hearings and meetings shall be conducted at a time that will provide an opportunity for the aggrieved party and all parties of interest to hear be present. When mutually scheduled hearings are held during the workday persons required to participate in the hearing shall be excused without loss of pay or other benefits.
(f) Reprisals shall not be taken against any party of interest in the grievance within twenty procedure by reason of such participation.
(20g) days after receipt All documents, communications and records shall be deemed to be an acceptance of the appeal. Within seven decision previously rendered and shall constitute a waiver of any future appeal through the grievance procedure concerning the particular grievance.
(7h) days after Notwithstanding the meetingexpiration of this Agreement, the School Board shall issue its decision in writing to the parties involved. At the option of the School Board, a committee any claim or representative(s) of the School Board grievance arising there under may be designated by processed through the School Board to hear the appeal at this level, and report its findings and recommendations to the School Board. The School Board shall then render its decisiongrievance procedure until resolution.
Appears in 1 contract
Samples: Labor Agreement
Adjustment of Grievance. The School Board employer and the teacher grievant shall attempt to adjust all grievances which may arise during the course of employment of any teacher employee within the School District school district in the following manner:
Subdivision Step 1. Level I: The employee will informally discuss the grievance with their Physical Plant Supervisor or immediate supervisor.
a. If the grievance is not resolved through at the time of the Step 1 informal discussionsdiscussion, it shall be reduced to writing and submitted to the Physical Plant Supervisor or supervisor with a copy to the Employee Relations Department. The written grievance shall set forth the nature of the grievance, the School Board designee shall give a written decision on the grievance specific facts giving rise to the grievant grievance, the specific provisions of this Agreement allegedly violated, and the specific remedy sought. The written grievance must be submitted within seven (7) 20 working days after receipt the event, giving rise to the grievance.
b. Within five (5) workdays after submission of the written grievance, the principal or supervisor shall answer the grievance in writing with a copy of the answer to the Employee Relations Department. Upon receipt If the written answer is not accepted, the grievant's Association may request a meeting to consider the grievance. This meeting shall be scheduled among representatives of the District and the grievant or the grievant's Association within five (5) days of the date of the request for such a meeting.
c. Within ten (10) workdays following the Step 2 meeting, the District shall submit a written decisionreply to the grievant and the Association. If the District fails to reply in writing, the grievant shall inform or the exclusive representative Association may request arbitration in accordance with Step 3 of the grievance. The exclusive representative may elect to represent the grievant. In the event the exclusive representative elects not to represent the grievant, said xxxxxxxx may represent himself/herself or may be represented by any part of his/her choicethis procedure.
Subdivision 2Step 3. Level II: In the event If the grievance is not resolved in Level IStep 2, the decision rendered Association may refer the matter to arbitration. Any request for arbitration shall be appealed to the Superintendent of Schools, provided such appeal is made in writing within seven (7) days after receipt of and must be received by the decision in Level I. If a grievance is properly appealed to the Superintendent, the Superintendent or his/her designee shall set a time to meet regarding the grievance other party within ten (10) work days after following receipt by the grievant or the grievant's Association of the appeal. Within seven (7) days after the meeting the Superintendent or his/her designee shall issue a decision in writing District's written reply to the parties involved.
Subdivision 3grievance. Level III: The District and the Association may select a mutually acceptable arbitrator. If not able to do so, the Union may request a list of five (5) names of qualified arbitrators from the Bureau of Mediation Services, State of Minnesota. The District and the Association shall determine who is to strike the first name from the list by the toss of a coin. Each party will then alternately strike names until only one remains, who shall be the arbitrator who shall hear and decide the grievance. The arbitrator shall not have the power to modify in any form whatsoever any provision of this Agreement. Fees and expenses of any hearing officer shall be divided equally between the District and the grievant or the grievant's Association. The time limitations set forth herein relating to the time for filing a grievance and demand for arbitration shall be mandatory. Failure to follow said limitations shall result in the grievance being waived and it shall not be submitted to arbitration. In the event the District does not reply to the grievance is as required in Step 2, and the time limits contained therein are not resolved in Level IIextended by mutual consent, the decision rendered grievance shall be referred to the next step. The time limitations provided herein may be appealed to the School Board, provided such appeal is made in writing within five (5) days after receipt extended by mutual written Agreement of the decision in Level IIDistrict and the grievant or the grievant's Association. If Employees covered by Civil Service systems created under Xxxxxxx 00X, 00, 000, 000, 000, xx 000, by home rule charter under Chapter 410, or by Laws 1941, Chapter 423, may pursue a grievance through the procedure established under this section. When a grievance is properly appealed to also within the School Boardjurisdiction of appeals boards or appeals procedures created by Xxxxxxx 00X, 00, 000, 000, 000, xx 000, by a home rule charter under Chapter 410, or by Laws 1941, Chapter 423, the School Board shall set a time to hear employee may proceed through the grievance within twenty (20) days after receipt procedure or the Civil Service appeals procedure, but once a written grievance or appeal has been properly filed or submitted by the employee or on the employee's behalf with employee's consent the employee may not proceed in the alternative manner. The provisions of this grievance procedure shall be severable and if any provision or paragraph thereof or application of any such provision or paragraph under any circumstance is held invalid, it shall not affect any other provision or paragraph of this grievance procedure or the application of any provision or paragraph thereof under different circumstances. No reprisals of any kind will be taken by the Board of Education or by any member of the appealadministration against any grievant, any representative of a grievant, or any other participants in the grievance procedure by reason of such participation. Within seven (7) days after Nothing in this bargaining agreement shall prevent an employee from pursuing both a grievance under the meetingCollective Bargaining Agreement and other remedies including, but not limited to, a Charge of Discrimination brought under Title VII, the School Board shall issue its decision Americans with Disabilities Act, the Age Discrimination in writing to Employment Act, the parties involved. At Veterans Preference Act, or the option of the School Board, a committee or representative(s) of the School Board may be designated by the School Board to hear the appeal at this level, and report its findings and recommendations to the School Board. The School Board shall then render its decisionEqual Pay Act.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Adjustment of Grievance. 1. Step 1: The School Board and aggrieved employee shall first discuss the grievance with the employeeʹs principal or immediate supervisor, either directly or through a representative elected by the Association, with the objective of resolving the matter informally. All decisions shall be in writing.
a. If the aggrieved employee is not satisfied with the disposition of the employeeʹs grievance at Step 1, or if no decision has been rendered within ten (10) school days after presentation of the grievance, the employee may file the grievance in writing with the Chairman of the Association Grievance Committee within five (5) school days after decision at Step 1, said Chairman shall refer the grievance to the Superintendent of Schools.
b. The Superintendent or designee(s) shall represent the Administration. Within ten (10) school days after receipt of the written grievance by the Superintendent or designee(s), the Superintendent or designee(s) shall meet with the aggrieved employee or the employeeʹs designee(s) in an effort to resolve the grievance.
c. If a teacher fails to file a grievance in writing in accordance with the procedures contained in paragraphs (a) & (b) above, within forty five (45) school days after the teacher knew of the act or condition upon which the grievance is based, then the grievance shall attempt be considered waived. A dispute as to adjust all grievances which may arise during the course of employment of any teacher within the School District in the following manner:whether a grievance has been waived under this paragraph will be subject to arbitration pursuant to Step 4.
Subdivision 13. Level IStep 3: If the grievance is not resolved through informal discussionssettled at Step 2, the School Board designee shall give a written decision on employee or the grievance to the grievant within seven (7) days after receipt of the written grievance. Upon receipt of such written decisionemployeeʹs designee(s), the grievant shall inform the exclusive representative of the grievance. The exclusive representative may elect to represent the grievant. In the event the exclusive representative elects not to represent the grievant, said xxxxxxxx may represent himself/herself or may be represented by any part of his/her choice.
Subdivision 2. Level II: In the event the grievance is not resolved in Level I, the decision rendered may be appealed to the Superintendent of Schools, provided such appeal is made in writing within seven (7) days after receipt of the decision in Level I. If a grievance is properly appealed to the Superintendent, the Superintendent or his/her designee shall set a time to meet regarding the grievance within ten (10) days after receipt of the appeal. Within seven (7) school days after the meeting with the Superintendent or his/her designee shall issue a decision in Step 2, may file the grievance in writing to with the parties involved.
Subdivision 3School Committee. Level III: In Within ten (10) school days after receiving the event written grievance, the School Committee shall meet with the aggrieved employee or whomever the employee may select for the purpose of resolving the grievance. Step 3 is not automatic, but rather depends upon whether the grievance is not resolved in Level II, the decision rendered may be appealed appropriate for presentation to the School BoardCommittee in light of the Education Reform Act.
a. If the aggrieved employee is not satisfied with the disposition of the employeeʹs grievance at Step 3, provided such appeal is made in writing the employee may, within five (5) school days after a decision by the School Committee or Superintendent, as the case may be, or ten (10) school days after the meeting with the School Committee or Superintendent, as the case may be, whichever is earlier, submit the employeeʹs grievance to the Grievance Committee of the Association. If the Association feels the grievance has merit, it may submit the grievance to arbitration by written notice to the Committee within ten (10) school days of the receipt of the decision in Level IIgrievance. Within ten (10) school days after such written notice of submission to arbitration, the Committee and the Association shall attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree upon an arbitrator within said ten (10) day period, a grievance is properly appealed request for an arbitrator will be made to the American Arbitration Association. The parties will be bound by the Rules and Procedures of the American Arbitration Association. Each side shall bear the costs of its own presentation. The charges of the arbitrator and the American Arbitration Association shall be borne equally by the parties.
b. The arbitratorʹs award shall be in writing and shall set forth the arbitratorʹs findings of fact with reasoning and conclusions. The arbitrator shall arrive at the decision solely upon the facts, evidence, and contentions presented by the parties through the arbitration proceeding. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement, and in reaching the decision shall interpret the Agreement in accordance with the commonly accepted meaning of words used herein and the principle that there are no restrictions intended on the legal rights or authority of the Committee other than those expressly set forth herein. Subject to the foregoing, the decision of the arbitrator shall be submitted to the School BoardCommittee and the Association and the decision shall be binding upon the Committee, the School Board shall set a time to hear the grievance within twenty (20) days after receipt of the appeal. Within seven (7) days after the meeting, the School Board shall issue its decision in writing to the parties involved. At the option of the School Board, a committee or representative(s) of the School Board may be designated by the School Board to hear the appeal at this levelAssociation, and report its findings and recommendations to the School Board. The School Board shall then render its decisionemployee who initiated the grievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement