Assignment Dispute Resolution Procedures. A Grievant who believes that their instructional assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty days after receipt of the assignment, file Part 1 191 of the ADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify the individual responsible for making the instructional 193 assignment or that individual’s representative within three days of the filing of the ADR 194 Grievance. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s arguments, and any relevant documentation supporting 196 their position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the University's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 (b) Within four days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question or their representative shall schedule and 204 hold a meeting to discuss the dispute. Twenty-four hours after this conference, the 205 individual responsible for making the instructional assignment or their representative shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x representative and the University’s representative. 208 (c) If the Grievant continues to be aggrieved following the initial conference, he or she 209 shall file the ADR Form, with Part 2 completed, with the Xxxx or the Xxxx’x representative 210 no later than four days after receipt of the ADR Part 1 decision. 211 (d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative to be held no later than four days after filing Part 2 of 213 the ADR Form. At this meeting, the Grievant, the Grievant’s representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 four hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s representative. 219 (e) If consultation with the Xxxx or the Xxxx’x representative does not resolve the 220 matter, the Grievant and/or the Grievant’s representative may file, within four days of receipt 221 of the Part 2 decision and with the approval of the UFF, Part 3 of the ADR Form (with 222 supporting documentation) with the University's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 (f) Within seven days of receipt of Part 3 of the ADR Form and other documentation, 225 the University's representative shall place a written statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s ADR file. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s ADR File shall be presented to the Grievant and the Grievant’s representative, 229 who shall provide the University’s representative with a list of the Grievant’s expected 230 witnesses, which will be placed in the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 (g) Within seven days of receipt of all materials in (e) and (f) above, the University’s 234 representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative for the purpose of selecting a Mediator and alternate(s) from a Mediator 236 Panel chosen jointly by the University and the UFF. Selection of a Mediator from the panel 237 shall be by mutual agreement. 238 (h) The University's representative shall contact the selected Mediator no later than 239 three days following the selection. Should the Mediator selected be unable to serve, the 240 University's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s representative 243 within three days and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator to participate, the University's representative 245 shall provide the Mediator with the Grievant’s ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator has received the Grievant’s ADR File. The University's representative shall 248 notify the Grievant and/or the Grievant’s representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to it being convened. 250 (k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the Mediator.
Appears in 4 contracts
Samples: Assignment of Responsibilities, Assignment of Responsibilities, Assignment of Responsibilities
Assignment Dispute Resolution Procedures. A Grievant An employee who believes that their instructional the assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty (30) days after receipt of the assignment, file Part 1 191 of the ADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify with the individual responsible for making the instructional 193 assignment or that individual’s representative within three days of the filing of the ADR 194 Grievanceassignment. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s employee's arguments, and any relevant documentation supporting 196 their the employee's position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s employee's personnel evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the UniversityPresident's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative employee requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 (b) Within four (4) days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question or their representative shall schedule meet with the employee and 204 hold a meeting to discuss the dispute. Twenty-Within twenty- four (24) hours after this conference, the 205 such individual responsible for making the instructional assignment or their representative shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x representative and the University’s representativeemployee. 208 (c) If the Grievant employee continues to be aggrieved following the initial conference, he or she 209 the employee shall file the ADR Form, with Part 2 1 completed, with the Xxxx or the Xxxx’x representative 210 other appropriate administrator no later than four (4) days after receipt of the ADR Part 1 decisioninitial conference. 211 (d) The Xxxx or the Xxxx’x UFF representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative Xxxx or other appropriate administrator to be held no later than four (4) days after filing Part 2 of 213 the ADR FormForm with the Xxxx or other appropriate administrator. At this meeting, the Grievantemployee, the Grievant’s UFF representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four (24) hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative appropriate administrator shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s UFF representative. 219 (e) If consultation with the Xxxx or the Xxxx’x representative appropriate administrator does not resolve the 220 matter, the Grievant and/or the Grievant’s UFF representative may file, within four (4) days of receipt 221 of the Part 2 decision and with the approval of the UFFthat meeting, Part 3 of the ADR Form (with 222 supporting documentation) with the UniversityPresident's representative, indicating an intention to 223 submit the dispute to a Mediator certified in FloridaNeutral Umpire. 224 (f) Within seven (7) days of receipt of Part 3 of the completed ADR Form and other documentation, 225 the UniversityPresident's representative shall may place a written explanation, brief statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s employee's ADR fileFile. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s employee's ADR File shall be presented to the Grievant and the Grievant’s UFF representative, 229 who shall provide the University’s representative with place a list of the Grievant’s employee's expected 230 witnesses, which will be placed in witnesses into the Grievant’s file. At the time that the completed ADR File. Any change in either Form is submitted to the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 (g) Within seven days of receipt of all materials in (e) and (f) abovePresident's representative, the University’s 234 UFF representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 President's representative for the purpose of selecting a Mediator and alternate(sNeutral Umpire from the Neutral Umpire Panel. This meeting shall be scheduled for no later than seven (7) from a Mediator 236 Panel chosen jointly by days after filing of the University and the UFFcompleted ADR Form. Selection of a Mediator from the panel 237 Neutral Umpire shall be by mutual agreementagreement or by alternatively striking names from the Neutral Umpire Panel list until one name remains. 238 (h) The Universityright of first choice to strike from the list shall be determined by the toss of a coin. The right to strike first shall alternate in any subsequent Neutral Umpire selection. The President's representative shall contact the selected Mediator Umpire no later than 239 three (3) days following the selection. Should the Mediator Umpire selected be unable to serve, the 240 UniversityPresident's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s UFF representative 243 within three days as soon as practicable and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator Neutral Umpire to participate, the UniversityPresident's representative 245 shall provide the Mediator Umpire with the Grievant’s employee's ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator Neutral Umpire has received the Grievant’s employee's ADR File. The UniversityPresident's representative shall 248 notify the Grievant and/or the Grievant’s UFF representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to it being convened. 250 (k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the Mediator.eight
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Exclusive Assignment Dispute Resolution Procedure
Assignment Dispute Resolution Procedures. A Grievant A. An employee who believes that their instructional the assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty (30) days after receipt of the assignment, file Part 1 191 1A of the ADR EADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify (Appendix F.6) with the individual responsible for making the instructional 193 assignment or that individual’s representative within three days of the filing of the ADR 194 Grievanceassignment. The filing of Part 1 of the ADR EADR Form shall be accompanied by a brief and 195 concise statement of the Grievantemployee’s arguments, and any relevant documentation supporting 196 their the employee’s position. This documentation shall be placed in a file entitled "“Employee's ’s Assignment 197 Dispute Resolution File," ” which shall be kept separate from the Grievantemployee’s personnel evaluation file. 198 Additional documentation shall not be considered in the ADR EADR process except by agreement 199 of the University's representative Office of Academic Affairs unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative employee requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 (b) .
B. Within four (4) days of receipt of Part 1 of the ADR EADR Form, the individual responsible for 203 making the instructional assignment in question or their representative shall schedule meet with the employee and 204 hold a meeting to discuss the dispute. TwentyWithin twenty-four (24) hours after this conference, the 205 individual responsible for making the instructional assignment or their representative supervisor shall 206 complete Part 1 1B of the ADR EADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x representative and the University’s representative. 208 (c) employee.
C. If the Grievant employee continues to be aggrieved following the initial conference, he or she 209 the employee shall file the ADR EADR Form, with Part 2 1A and Part 1B completed, with the Xxxx or the Xxxx’x representative 210 other appropriate administrator no later than four (4) days after receipt of the ADR Part 1 decision. 211 (d) initial conference.
D. The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative Xxxx or other appropriate administrator to be held no later than four (4) days after filing Part 2 of 213 the ADR FormEADR Form with the Xxxx or other appropriate administrator. At this meeting, the Grievantemployee, the Grievant’s UFF representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four (24) hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative appropriate administrator shall 216 complete Part 2 of the ADR EADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 employee or his/her representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s representative. 219 (e) If consultation with the Xxxx or the Xxxx’x representative does not resolve the 220 matter, the Grievant and/or the Grievant’s representative may file, within four days of receipt 221 of the Part 2 decision and with the approval of the UFF, Part 3 of the ADR Form (with 222 supporting documentation) with the University's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 (f) Within seven days of receipt of Part 3 of the ADR Form and other documentation, 225 the University's representative shall place a written statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s ADR file. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s ADR File shall be presented to the Grievant and the Grievant’s representative, 229 who shall provide the University’s representative with a list of the Grievant’s expected 230 witnesses, which will be placed in the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 (g) Within seven days of receipt of all materials in (e) and (f) above, the University’s 234 representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative for the purpose of selecting a Mediator and alternate(s) from a Mediator 236 Panel chosen jointly by the University and the UFF. Selection of a Mediator from the panel 237 shall be by mutual agreement. 238 (h) The University's representative shall contact the selected Mediator no later than 239 three days following the selection. Should the Mediator selected be unable to serve, the 240 University's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s representative 243 within three days and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator to participate, the University's representative 245 shall provide the Mediator with the Grievant’s ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator has received the Grievant’s ADR File. The University's representative shall 248 notify the Grievant and/or the Grievant’s representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to it being convened. 250 (k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the Mediator.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Assignment Dispute Resolution Procedures. A Grievant (a) An employee who believes that their instructional the assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty (30) days after receipt of the assignment, file Part 1 191 of the ADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify with the individual responsible for making the instructional 193 assignment or that individual’s representative within three days of the filing of the ADR 194 Grievanceassignment. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s employee's arguments, and any relevant documentation supporting 196 their the employee's position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s employee's personnel evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the UniversityPresident's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative employee requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 .
(b) Within four (4) days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question or their representative shall schedule meet with the employee and 204 hold a meeting to discuss the dispute. TwentyWithin twenty-four (24) hours after this conference, the 205 such individual responsible for making the instructional assignment or their representative shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x representative and the University’s representative. 208 employee.
(c) If the Grievant employee continues to be aggrieved following the initial conference, he or she 209 the employee shall file the ADR Form, with Part 2 1 completed, with the Xxxx or the Xxxx’x representative 210 other appropriate administrator no later than four (4) days after receipt of the ADR Part 1 decision. 211 initial conference.
(d) The Xxxx or the Xxxx’x UFF representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative Xxxx or other appropriate administrator to be held no later than four (4) days after filing Part 2 of 213 the ADR FormForm with the Xxxx or other appropriate administrator. At this meeting, the Grievantemployee, the Grievant’s UFF representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four (24) hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative appropriate administrator shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 UFF representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s representative. 219 .
(e) If consultation with the Xxxx or the Xxxx’x representative appropriate administrator does not resolve the 220 matter, the Grievant and/or the Grievant’s UFF representative may file, within four (4) days of receipt 221 of the Part 2 decision and with the approval of the UFFthat meeting, Part 3 of the ADR Form (with 222 supporting documentation) with the UniversityPresident's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 (f) Within seven days of receipt of Part 3 of the ADR Form and other documentation, 225 the University's representative shall place a written statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s ADR file. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s ADR File shall be presented to the Grievant and the Grievant’s representative, 229 who shall provide the University’s representative with a list of the Grievant’s expected 230 witnesses, which will be placed in the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 (g) Within seven days of receipt of all materials in (e) and (f) above, the University’s 234 representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative for the purpose of selecting a Mediator and alternate(s) from a Mediator 236 Panel chosen jointly by the University and the UFF. Selection of a Mediator from the panel 237 shall be by mutual agreement. 238 (h) The University's representative shall contact the selected Mediator no later than 239 three days following the selection. Should the Mediator selected be unable to serve, the 240 University's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s representative 243 within three days and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator to participate, the University's representative 245 shall provide the Mediator with the Grievant’s ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator has received the Grievant’s ADR File. The University's representative shall 248 notify the Grievant and/or the Grievant’s representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to it being convened. 250 (k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the MediatorNeutral Umpire.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Assignment Dispute Resolution Procedures. A Grievant (a) An employee who believes that their instructional the assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty (30) days after receipt of the assignment, file Part 1 191 of the ADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify with the individual responsible for making the instructional 193 assignment or that individual’s representative within three days of the filing of the ADR 194 Grievanceassignment. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s employee's arguments, and any relevant documentation supporting 196 their the employee's position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s employee's personnel evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the UniversityPresident's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative employee requested from the university University prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 .
(b) Within four (4) days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question or their representative shall schedule meet with the employee and 204 hold a meeting to discuss the dispute. TwentyWithin twenty-four (24) hours after this conference, the 205 such individual responsible for making the instructional assignment or their representative shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x representative and the University’s representative. 208 employee.
(c) If the Grievant employee continues to be aggrieved following the initial conference, he or she 209 the employee shall file the ADR Form, with Part 2 1 completed, with the Xxxx or the Xxxx’x representative 210 other appropriate administrator no later than four (4) days after receipt of the ADR Part 1 decision. 211 initial conference.
(d) The Xxxx or the Xxxx’x UFF representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative Xxxx or other appropriate administrator to be held no later than four (4) days after filing Part 2 of 213 the ADR FormForm with the Xxxx or other appropriate administrator. At this meeting, the Grievantemployee, the Grievant’s UFF representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four (24) hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative appropriate administrator shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 UFF representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s representative. 219 .
(e) If consultation with the Xxxx or the Xxxx’x representative appropriate administrator does not resolve the 220 matter, the Grievant and/or the Grievant’s UFF representative may file, within four (4) days of receipt 221 of the Part 2 decision and with the approval of the UFFthat meeting, Part 3 of the ADR Form (with 222 supporting documentation) with the UniversityPresident's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 Neutral Umpire.
(f) Within seven (7) days of receipt of Part 3 of the completed ADR Form and other documentation, 225 the UniversityPresident's representative shall may place a written explanation, brief statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s employee's ADR fileFile. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s employee's ADR File shall be presented to the Grievant and the Grievant’s UFF representative, 229 who shall provide the University’s representative with place a list of the Grievant’s employee's expected 230 witnesses, which will be placed in witnesses into the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 file.
(g) Within seven days of receipt of all materials in (e) and (f) aboveAt the time that the completed ADR Form is submitted to the President's representative, the University’s 234 UFF representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 President's representative for the purpose of selecting a Mediator and alternate(sNeutral Umpire from the Neutral Umpire Panel. This meeting shall be scheduled for no later than seven (7) from a Mediator 236 Panel chosen jointly by days after filing of the University and the UFFcompleted ADR Form. Selection of a Mediator from the panel 237 Neutral Umpire shall be by mutual agreementagreement or by alternatively striking names from the Neutral Umpire Panel list until one name remains. 238 The right of first choice to strike from the list shall be determined by the toss of a coin. The right to strike first shall alternate in any subsequent Neutral Umpire selection.
(h) The UniversityPresident's representative shall contact the selected Mediator Umpire no later than 239 three (3) days following the selection. Should the Mediator Umpire selected be unable to serve, the 240 UniversityPresident's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s UFF representative 243 within three days as soon as practicable and schedule another selection meeting. 244 .
(i) Upon the agreement of the Mediator Neutral Umpire to participate, the UniversityPresident's representative 245 shall provide the Mediator Umpire with the Grievant’s employee's ADR File. 246 .
(j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator Neutral Umpire has received the Grievant’s employee's ADR File. The UniversityPresident's representative shall 248 notify the Grievant and/or the Grievant’s UFF representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to it being convened. 250 (k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the Mediator.eight
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Assignment Dispute Resolution Procedures. A Grievant An employee who believes that their instructional the assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty (30)fifteen (15) days after receipt of the assignment, file Part 1 191 1A of the ADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify with the individual responsible for making the instructional 193 assignment or that individualwith a copy to the President’s representative within three days of the filing of the ADR 194 Grievanceand to a UFF representative. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s employee's arguments, and any relevant documentation supporting 196 their the employee's position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s employee's personnel evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the UniversityPresident's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative employee requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 (b) Within four (4)seven (7) days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question assignment, (typically the Chair, Director or their representative representative) shall schedule meet with the employee and 204 hold a meeting to discuss the dispute. TwentyWithin twenty-four (24) hours after this conference, the 205 thesuch individual responsible for making the instructional assignment or their representative shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, employeeindicate whether or not it was arbitrarily or unreasonably imposed or if the Xxxx or disputed assignment has been resolved by completing Part 1B of the Xxxx’x representative ADR Form and deliver it to the Universityemployee with a copy to the President’s representative. 208 (c) If the Grievant employee continues to be aggrieved following the initial conference, he or she 209 the employee shall file the ADR Form, with Part 2 1 completed, with the Xxxx or the Xxxx’x other appropriate administratorPresident’s representative 210 no later than four (4)two (2) days after receipt of the ADR Part 1 decisioninitial conference. 211 (d) The Xxxx or the Xxxx’x UFF President’s representative shall schedule coordinate a meeting with the Grievant 212 and/or employee, the Grievant’s Xxxx or other appropriate administratorthe Xxxx’x representative and the UFF representative to be held no later than four days (4) daystwo (2) weeks after filing Part 2 of 213 the initial conference. ADR FormForm with the Xxxx or other appropriate administrator. At this meeting, the Grievantemployee, the Grievant’s UFF representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 four (24) hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative appropriate administrator shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s UFF representative. 219 (e) 3637 3638 3639 3640 3641 3642 3643 3644 3645 3646 3647 3648 3649 3650 3651 3652 3653 3654 3655 3656 3657 3658 3659 3660 3661 3662 3663 3664 3665 3666 3667 3668 3669 3670 3671 3672 3673 3674 3675 3676 3677 3678 3679 3680 3681 3682 3683 3684 3685 3686 If consultation with the Xxxx or the Xxxx’x representative appropriate administrator does not resolve the 220 matter, the Grievant and/or the Grievant’s UFF representative may file, within four (4)seven (7) days of receipt 221 of the Part 2 decision and with the approval of the UFFthat meeting, Part 3 of the ADR Form (with 222 supporting documentation) with the UniversityPresident's representative, indicating an intention to 223 submit the dispute to a Mediator certified in FloridaNeutral Umpire. 224 (f) Within seven (7) days of receipt of Part 3 of the completed ADR Form with parts 1, 2, and 3 completed and other documentation, 225 the UniversityPresident's representative shall may place a written explanation, brief statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s employee's ADR fileFile. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s employee's ADR File shall be presented to the Grievant and the Grievant’s UFF representative, 229 who shall provide the University’s representative with place a list of the Grievant’s employee's expected 230 witnesseswitnesses into the file. During these seven (7) days, which will be placed in At the Grievant’s time that the completed ADR File. Any change in either Form is submitted to the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 (g) Within seven days of receipt of all materials in (e) and (f) abovePresident's representative a n d , the University’s 234 UFF representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative President's representativemeet for the purpose of selecting a Mediator and alternate(sNeutral Umpire from the Neutral Umpire Panel. This meeting shall be scheduled for no later than seven (7) from a Mediator 236 Panel chosen jointly by days after filing of the University and the UFFcompleted ADR Form. Selection of a Mediator from the panel 237 Neutral Umpire shall be by mutual agreementagreement or by alternatively striking names from the Neutral Umpire Panel list until one name remains. 238 (h) The Universityright of first choice to strike from the list shall be determined by the toss of a coin. The right to strike first shall alternate in any subsequent Neutral Umpire selection. The President's representative shall contact the selected Mediator Umpire no later than 239 three (3) days following the selection. Should the Mediator Umpire selected be unable to serve, the 240 UniversityPresident's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s UFF representative 243 within three days as soon as practicable and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator Neutral Umpire to participate, the UniversityPresident's representative 245 shall provide the Mediator Umpire with the Grievant’s employee's ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator Neutral Umpire has received the Grievant’s employee's ADR File. The UniversityPresident's representative shall 248 notify the Grievant and/or the Grievant’s UFF representative of the time and place of the ADR 249 Meeting no later than forty-eight (48) hours prior to it being convened. 250 (k) No person concerned with, with or involved in, in the assignment dispute shall attempt to 251 lobby or otherwise influence the decision of the MediatorUmpire. The ADR Meeting shall be conducted as follows:
(1). The employee, or a UFF representative, and a representative of the President shall be the sole representatives of the parties. Each representative may present documentary evidence from the employee's ADR File, interrogate witnesses, offer arguments, cross-examine witnesses, and have present at the meeting one individual to assist in the presentation of the representative's case.
(2). The Neutral Umpire will conduct and have total authority at the ADR Meeting. The Neutral Umpire may conduct the ADR Meeting in whatever fashion, consistent with this Agreement that will aid in arriving at a just decision.
(3). The Umpire shall submit to all parties on Part 4 of the ADR Form within forty-eight (48) hours after the close of the ADR Meeting a written, binding decision as to whether the assignment was imposed arbitrarily or unreasonably. The decision shall include the reasons for the Umpire's determination.
(4). If the Umpire decides that the employee's assignment was imposed arbitrarily or unreasonably, the Umpire may also suggest an appropriate remedy. This suggestion is not binding on the university but shall be used by the President or President's designee in fashioning an appropriate remedy.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Assignment Dispute Resolution Procedures. (a) A Grievant faculty member who believes that their instructional the assignment has been imposed 190 arbitrarily or unreasonably shallwill, within thirty (30) days after receipt of the assignment, file Part 1 191 of the ADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify with the individual responsible for making the instructional 193 assignment or that individual’s representative assignment. The dispute will not be processed unless it is filed within three thirty (30) days after the receipt of the assignment by the faculty member. The filing of the ADR 194 Grievance. The filing of Part 1 of the ADR Form shall will be accompanied by a brief and 195 concise statement of the Grievant’s faculty member's arguments, and any relevant documentation supporting 196 their positionthe faculty member’sposition. This documentation shall will be placed in a file entitled "EmployeeFaculty Member's Assignment 197 Dispute Resolution File," which shall will be kept separate from the Grievant’s faculty member's master evaluation file. 198 Additional documentation shall will not be considered in the ADR process except by agreement 199 of the University's President or representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative faculty member requested from the university University prior to the 201 conference held pursuant to (b) ), below, but did not receive before such conference. 202 .
(b) Within four (4) days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question or their representative shall schedule will meet with the faculty member and 204 hold a meeting to discuss the dispute. Twenty-four hours The Xxxx, at his or her discretion, may also participate in this meeting or may substitute for the individual making the assignment. Within three (3) days after this conference, the 205 individual responsible for making the instructional assignment or their representative shall 206 such individual(s) will complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x representative and the University’s representative. 208 faculty member.
(c) If the Grievant faculty member continues to be aggrieved following the initial conference, he or she 209 shall the faculty member will file the ADR Form, with Part 2 1 completed, with the Xxxx or the Xxxx’x representative 210 Xxxxxxx'x office no later than four three (3) days after receipt of the ADR completed Part 1 decision. 211 of the ADR Form.
(d) The Xxxx or the Xxxx’x UFF representative shall will schedule a meeting with the Grievant 212 and/or the Grievant’s Xxxxxxx or representative to be held no later than four (4) days after filing Part 2 of 213 the ADR FormForm with the Xxxxxxx'x office. At this meeting, the Grievantfaculty member, the Grievant’s UFF representative, and the Xxxx Xxxxxxx or 214 appropriate administrator shall representative will discuss the dispute and attempt to resolve it. Within twenty- 215 four hours three (3) days after the conclusion of this meeting, the Xxxx Xxxxxxx or the Xxxx’x representative shall 216 will complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 UFF representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s representative. 219 .
(e) If consultation with the Xxxx Xxxxxxx or the Xxxx’x representative does not resolve the 220 matter, the Grievant and/or the Grievant’s UFF representative may file, within four (4) days of receipt 221 of the Part 2 decision and with the approval of the UFFthat meeting, Part 3 of the ADR Form (with 222 supporting documentation) with the UniversityPresident's representative, office indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 an Assignment Dispute Resolution Panel.
(f) Within seven (7) days of receipt of Part 3 of the completed ADR Form and other documentation, 225 the University's President or representative shall may place a written explanation, a brief statement of the UniversityBoard's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s faculty member's ADR file. As soon as practicable thereafter, File and present a copy of all documents placed in the 228 Xxxxxxxx’s faculty member's ADR File shall be presented to the Grievant and the Grievant’s representative, 229 who shall provide the University’s UFF representative with as soon as practicable thereafter. The UFF Representative may place a list of the Grievant’s faculty member's expected 230 witnesses, which will be placed in witnesses into the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 file.
(g) Within seven days of receipt of all materials At the time that the completed ADR Form is filed in (e) and (f) abovethe President's office, the University’s 234 UFF representative shall will schedule a meeting with the Grievant and/or the Grievant’s 235 President or representative for the purpose of selecting a Mediator and alternate(san Assignment Dispute Resolution Panel. This meeting will be scheduled for no later than seven (7) from a Mediator 236 days after filing of the completed ADR Form. The Assignment Dispute Resolution Panel chosen jointly will be composed of one individual selected by the University UFF, one individual selected by the President or representative, and one individual agreed upon by both parties. Suggested criteria for selection of panel members are familiarity with academic assignments and availability to serve in the UFF. Selection of a Mediator from the panel 237 shall be by mutual agreement. 238 requisite time frame.
(h) The University's President or representative shall will contact the selected Mediator individuals no later than 239 three (3) days following the selection. Should the Mediator an individual selected be unable to serve, the 240 University's President or representative shall notify will contact the Grievant and/or Xxxxxxxx’s UFF representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s representative 243 within three days and schedule another selection meeting. 244 alternative choice will be made as quickly as practicable.
(i) Upon the agreement of the Mediator selected individuals to participate, the University's ADR panel will select one member to be the Chair. The President or representative 245 shall will provide the Mediator with faculty member's ADR file to the Grievant’s ADR File. 246 panel members.
(j) The ADR Meeting with the Mediator shall meeting will be scheduled as soon as practicable after 247 the Mediator has panel members have received the Grievant’s faculty member's ADR File. The University's President or representative shall 248 will notify the Grievant and/or the Grievant’s UFF representative of the time and place of the ADR 249 Meeting meeting no later than forty-eight hours three (3) days prior to it its being convened. 250 .
(k) No person concerned with, with or involved in, in the assignment dispute shall will attempt to 251 lobby or otherwise influence the decision panel members.
(1) The ADR meeting will be conducted as follows:
(1) The Assignment Dispute Resolution Panel Chair will conduct and have total authority at the ADR meeting. The panel Chair may conduct the ADR meeting in whatever fashion, consistent with this Agreement, that will aid in arriving at a just decision.
(2) The panel Chair will submit to all parties, on Part 4 of the MediatorADR Form, within three (3) days after the close of the ADR meeting, a written, binding decision as to whether the assignment was imposed arbitrarily or unreasonably. The decision will include the reasons for the panel's determination.
(3) If the panel decides that the faculty member's assignment was imposed arbitrarily or unreasonably, the panel may also suggest an appropriate remedy. This suggestion is not binding on the University, but will be used by the President or representative in fashioning an appropriate remedy.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Assignment Dispute Resolution Procedures. 187 (a) A Grievant Xxxxxxxx who believes that their instructional assignment has been imposed 190 188 arbitrarily or unreasonably shall, within thirty days after receipt of the assignment, file Part 1 191 189 of the ADR Form to the University’s representative responsible for handling grievances. The 192 190 University’s representative shall notify the individual responsible for making the instructional 193 191 assignment or that individual’s representative within three days of the filing of the ADR 194 192 Grievance. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 193 concise statement of the Grievant’s arguments, and any relevant documentation supporting 196 194 their position. This documentation shall be placed in a file entitled "Employee's Assignment 197 195 Dispute Resolution File," which shall be kept separate from the Grievant’s evaluation file. 198 196 Additional documentation shall not be considered in the ADR process except by agreement 199 197 of the University's representative unless it is specifically named documentation that the 200 198 Grievant or the Grievant’s representative requested from the university prior to the 201 199 conference held pursuant to (b) below, but did not receive before such conference. 202 200 (b) Within four days of receipt of Part 1 of the ADR Form, the individual responsible for 203 201 making the instructional assignment in question or their representative shall schedule and 204 202 hold a meeting to discuss the dispute. Twenty-four hours after this conference, the 205 203 individual responsible for making the instructional assignment or their representative shall 206 204 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 205 representative, the Xxxx or the Xxxx’x representative and the University’s representative. 208 206 (c) If the Grievant continues to be aggrieved following the initial conference, he or she 209 207 shall file the ADR Form, with Part 2 completed, with the Xxxx or the Xxxx’x representative 210 208 no later than four days after receipt of the ADR Part 1 decision. 211 (d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative to be held no later than four days after filing Part 2 of 213 the ADR Form. At this meeting, the Grievant, the Grievant’s representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 four hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s representative. 219 (e) If consultation with the Xxxx or the Xxxx’x representative does not resolve the 220 matter, the Grievant and/or the Grievant’s representative may file, within four days of receipt 221 of the Part 2 decision and with the approval of the UFF, Part 3 of the ADR Form (with 222 supporting documentation) with the University's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 (f) Within seven days of receipt of Part 3 of the ADR Form and other documentation, 225 the University's representative shall place a written statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s ADR file. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s ADR File shall be presented to the Grievant and the Grievant’s representative, 229 who shall provide the University’s representative with a list of the Grievant’s expected 230 witnesses, which will be placed in the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 (g) Within seven days of receipt of all materials in (e) and (f) above, the University’s 234 representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative for the purpose of selecting a Mediator and alternate(s) from a Mediator 236 Panel chosen jointly by the University and the UFF. Selection of a Mediator from the panel 237 shall be by mutual agreement. 238 (h) The University's representative shall contact the selected Mediator no later than 239 three days following the selection. Should the Mediator selected be unable to serve, the 240 University's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s representative 243 within three days and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator to participate, the University's representative 245 shall provide the Mediator with the Grievant’s ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator has received the Grievant’s ADR File. The University's representative shall 248 notify the Grievant and/or the Grievant’s representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to it being convened. 250 (k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the Mediator.
Appears in 2 contracts
Samples: Assignment of Responsibilities, Assignment of Responsibilities
Assignment Dispute Resolution Procedures. Deleted: his or her
(a) A Grievant Xxxxxxxx who believes that their instructional assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty days after receipt of the assignment, file Part 1 191 of the ADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify the individual responsible for making the instructional 193 assignment or that individual’s representative within three days of the filing of the ADR 194 Grievance. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s arguments, and any relevant documentation supporting 196 their position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the University's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 .
(b) Within four days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question or their representative shall schedule and 204 hold a meeting to discuss the dispute. Twenty-four hours after this conference, the 205 individual responsible for making the instructional assignment or their representative shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x representative and the University’s representative. 208 .
(c) If the Grievant continues to be aggrieved following the initial conference, he or she 209 shall file the ADR Form, with Part 2 completed, with the Xxxx or the Xxxx’x representative 210 no later than four days after receipt of the ADR Part 1 decision. 211 .
(d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative to be held no later than four days after filing Part 2 of 213 the ADR Form. At this meeting, the Grievant, the Grievant’s representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 four hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s representative. 219 .
(e) If consultation with the Xxxx or the Xxxx’x representative does not resolve the 220 matter, the Grievant and/or the Grievant’s representative may file, within four days of receipt 221 of the Part 2 decision and with the approval of the UFF, Part 3 of the ADR Form (with 222 supporting documentation) with the University's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 .
(f) Within seven days of receipt of Part 3 of the ADR Form and other documentation, 225 the University's representative shall place a written statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 XxxxxxxxGrievant’s ADR file. As soon as practicable thereafter, a copy of all documents placed in the 228 XxxxxxxxGrievant’s ADR File shall be presented to the Grievant and the Grievant’s representative, 229 who shall provide the University’s representative with a list of the Grievant’s expected 230 witnesses, which will be placed in the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 .
(g) Within seven days of receipt of all materials in (e) and (f) above, the University’s 234 representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative for the purpose of selecting a Mediator and alternate(s) from a Mediator 236 Panel chosen jointly by the University and the UFF. Selection of a Mediator from the panel 237 shall be by mutual agreement. 238 .
(h) The University's representative shall contact the selected Mediator no later than 239 three days following the selection. Should the Mediator selected be unable to serve, the 240 University's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s representative 243 within three days and schedule another selection meeting. 244 .
(i) Upon the agreement of the Mediator to participate, the University's representative 245 shall provide the Mediator with the Grievant’s ADR File. 246 .
(j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator has received the Grievant’s ADR File. The University's representative shall 248 notify the Grievant and/or the Grievant’s representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to it being convened. 250 .
(k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the Mediator.
(l) The ADR Meeting shall be conducted as follows:
(1) The Mediator shall conduct and have total authority at the ADR Meeting. The Mediator may conduct the ADR Meeting in whatever fashion, consistent with this Agreement, which will aid in arriving at a just decision.
(2) The Grievant’s representative shall be the sole representative for the Grievant, and the University’s representative shall be the sole representative of the University. Each representative may have one individual present to assist in the presentation of the Grievant’s case.
(3) Each representative may present documentary evidence from the employee's ADR File, question witnesses, offer arguments and cross-examine witnesses.
(4) The Mediator shall submit to all parties, on Part 4 of the ADR Form within forty- eight hours after the close of the ADR Meeting, a written, binding decision as to whether the assignment was imposed arbitrarily or unreasonably. The decision shall include the reasons for the Mediator’s determination.
(5) If the Mediator decides that the Xxxxxxxx’s assignment was imposed arbitrarily or unreasonably, the Mediator may also suggest an appropriate remedy. This suggestion is not binding on the University but shall be used by the University's representative in fashioning an appropriate remedy.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Assignment Dispute Resolution Procedures. (a) A Grievant Xxxxxxxx who believes that their instructional his or her assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty (30) days after receipt of the assignment, file Part 1 191 of the ADR Form to the Universitypresident’s representative responsible for handling grievances. The 192 Universitypresident’s representative shall notify the individual responsible for making the instructional 193 assignment or that individual’s representative within three (3) days of the filing of the ADR 194 Grievance. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s arguments, and any relevant documentation supporting 196 their his or her position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the Universitypresident's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 .
(b) Within four (4) days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question or their his/her representative shall schedule and 204 hold a meeting to discuss the dispute. Twenty-four (24) hours after this conference, the 205 individual responsible for making the instructional assignment or their his or her representative shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x representative and the Universitypresident’s representative. 208 .
(c) If the Grievant continues to be aggrieved following the initial conference, he or she 209 shall file the ADR Form, with Part 2 completed, with the Xxxx or the Xxxx’x representative 210 no later than four days after receipt of the ADR Part 1 decision. 211 (d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative to be held no later than four days after filing Part 2 of 213 the ADR Form. At this meeting, the Grievant, the Grievant’s representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 four hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s representative. 219 (e) If consultation with the Xxxx or the Xxxx’x representative does not resolve the 220 matter, the Grievant and/or the Grievant’s representative may file, within four days of receipt 221 of the Part 2 decision and with the approval of the UFF, Part 3 of the ADR Form (with 222 supporting documentation) with the University's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 (f) Within seven days of receipt of Part 3 of the ADR Form and other documentation, 225 the University's representative shall place a written statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s ADR file. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s ADR File shall be presented to the Grievant and the Grievant’s representative, 229 who shall provide the University’s representative with a list of the Grievant’s expected 230 witnesses, which will be placed in the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 (g) Within seven days of receipt of all materials in (e) and (f) above, the University’s 234 representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative for the purpose of selecting a Mediator and alternate(s) from a Mediator 236 Panel chosen jointly by the University and the UFF. Selection of a Mediator from the panel 237 shall be by mutual agreement. 238 (h) The University's representative shall contact the selected Mediator no later than 239 three days following the selection. Should the Mediator selected be unable to serve, the 240 University's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s representative 243 within three days and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator to participate, the University's representative 245 shall provide the Mediator with the Grievant’s ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator has received the Grievant’s ADR File. The University's representative shall 248 notify the Grievant and/or the Grievant’s representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to it being convened. 250 (k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the Mediator.four
Appears in 1 contract
Samples: Collective Bargaining Agreement
Assignment Dispute Resolution Procedures. (a) A Grievant Xxxxxxxx who believes that their instructional his or her assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty (30) days after receipt of the assignment, file Part 1 191 of the ADR Form to the Universitypresident’s representative responsible for handling grievances. The 192 Universitypresident’s representative shall notify the individual responsible for making the instructional 193 assignment or that individual’s representative within three (3) days of the filing of the ADR 194 Grievance. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s arguments, and any relevant documentation supporting 196 their his or her position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the Universitypresident's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 .
(b) Within four (4) days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question or their his/her representative shall schedule and 204 hold a meeting to discuss the dispute. Twenty-Twenty- four (24) hours after this conference, the 205 individual responsible for making the instructional assignment or their his or her representative shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x representative and the Universitypresident’s representative. 208 .
(c) If the Grievant continues to be aggrieved following the initial conference, he or she 209 shall file the ADR Form, with Part 2 1 completed, with the Xxxx or the Xxxx’x representative 210 no later than four (4) days after receipt of the ADR Part 1 decision. 211 .
(d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative to be held no later than four days after filing Part 2 of 213 the ADR Form. At this meeting, the Grievant, the Grievant’s representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 four hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s representative. 219 (e) If consultation with the Xxxx or the Xxxx’x representative does not resolve the 220 matter, the Grievant and/or the Grievant’s representative may file, within four days of receipt 221 of the Part 2 decision and with the approval of the UFF, Part 3 of the ADR Form (with 222 supporting documentation) with the University's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 (f) Within seven days of receipt of Part 3 of the ADR Form and other documentation, 225 the University's representative shall place a written statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s ADR file. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s ADR File shall be presented to the Grievant and the Grievant’s representative, 229 who shall provide the University’s representative with a list of the Grievant’s expected 230 witnesses, which will be placed in the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 (g) Within seven days of receipt of all materials in (e) and (f) above, the University’s 234 representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative for the purpose of selecting a Mediator and alternate(s) from a Mediator 236 Panel chosen jointly by the University and the UFF. Selection of a Mediator from the panel 237 shall be by mutual agreement. 238 (h) The University's representative shall contact the selected Mediator no later than 239 three days following the selection. Should the Mediator selected be unable to serve, the 240 University's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s representative 243 within three days and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator to participate, the University's representative 245 shall provide the Mediator with the Grievant’s ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator has received the Grievant’s ADR File. The University's representative shall 248 notify the Grievant and/or the Grievant’s representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to it being convened. 250 (k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the Mediator.four
Appears in 1 contract
Samples: Settlement Agreement
Assignment Dispute Resolution Procedures. A Grievant Xxxxxxxx who believes that their their[j9] instructional assignment has been imposed 190 194 arbitrarily or unreasonably shall, within thirty withinthirty days after receipt of the assignment, file Part 195 1 191 of the ADR Form to Formto the University’s representative responsible for handling grievances. 196 The 192 University’s representative shall notify the individual responsible for making the 197 instructional 193 assignment or that individual’s representative within three days of the filing 198 of the ADR 194 Grievance. The filing of Part 1 of the ADR Form shall be accompanied by a 199 brief and 195 concise statement of the Grievant’s arguments, and any relevant 200 documentation supporting 196 their position[j10]position. This documentation shall be shallbe placed in a file 201 entitled "Employee's Assignment 197 Dispute Resolution FileResolutionFile," which shall be kept separate 202 from the Grievant’s evaluation file. 198 Additional documentation shall not be considered in 203 the ADR process except by agreement 199 of the University's representative unless it is 204 specifically named documentation that the 200 Grievant or the Grievant’s representative 205 requested from the university prior to the 201 conference held pursuant to (b) below, but did 206 not receive before such conference. 202 207 (b) Within four days of receipt of Part 1 of the ADR Form, the individual responsible 208 for 203 making the instructional assignment in question or their their[j11] representative shall 209 schedule and 204 hold a meeting to discuss the dispute. Twenty-four hours after this 210 conference, the 205 individual responsible for making the instructional assignment or their their[j12] 211 representative shall 206 complete Part 1 of the ADR Form and deliver 212 it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x theDean’s 213 representative and the University’s representative. 208 214 (c) If the Grievant continues to be aggrieved following the initial conference, he or 215 she 209 shall file the ADR Form, with Part 2 completed, ,with the Xxxx or the Xxxx’x 216 representative 210 no later than four days after receipt of the ADR Part 1 decision. 211 (d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative to be held no later than four days after filing Part 2 of 213 the ADR Form. At this meeting, the Grievant, the Grievant’s representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 four hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s representative. 219 (e) If consultation with the Xxxx or the Xxxx’x representative does not resolve the 220 matter, the Grievant and/or the Grievant’s representative may file, within four days of receipt 221 of the Part 2 decision and with the approval of the UFF, Part 3 of the ADR Form (with 222 supporting documentation) with the University's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 (f) Within seven days of receipt of Part 3 of the ADR Form and other documentation, 225 the University's representative shall place a written statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s ADR file. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s ADR File shall be presented to the Grievant and the Grievant’s representative, 229 who shall provide the University’s representative with a list of the Grievant’s expected 230 witnesses, which will be placed in the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 (g) Within seven days of receipt of all materials in (e) and (f) above, the University’s 234 representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative for the purpose of selecting a Mediator and alternate(s) from a Mediator 236 Panel chosen jointly by the University and the UFF. Selection of a Mediator from the panel 237 shall be by mutual agreement. 238 (h) The University's representative shall contact the selected Mediator no later than 239 three days following the selection. Should the Mediator selected be unable to serve, the 240 University's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s representative 243 within three days and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator to participate, the University's representative 245 shall provide the Mediator with the Grievant’s ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator has received the Grievant’s ADR File. The University's representative shall 248 notify the Grievant and/or the Grievant’s representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to it being convened. 250 (k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the Mediator.
Appears in 1 contract
Assignment Dispute Resolution Procedures. (a) A Grievant Xxxxxxxx who believes that their instructional assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty days after receipt of the assignment, file Part 1 191 of the ADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify the individual responsible for making the instructional 193 assignment or that individual’s representative within three days of the filing of the ADR 194 Grievance. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s arguments, and any relevant documentation supporting 196 their position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the University's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 .
(b) Within four days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question or their representative shall schedule and 204 hold a meeting to discuss the dispute. Twenty-Twenty- four hours after this conference, the 205 individual responsible for making the instructional assignment or their representative shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x representative and the University’s representative. 208 .
(c) If the Grievant continues to be aggrieved following the initial conference, he or she 209 shall file the ADR Form, with Part 2 completed, with the Xxxx or the Xxxx’x representative 210 no later than four days after receipt of the ADR Part 1 decision. 211 .
(d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative to be held no later than four days after filing Part 2 of 213 the ADR Form. At this meeting, the Grievant, the Grievant’s representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s representative. 219 .
(e) If consultation with the Xxxx or the Xxxx’x representative does not resolve the 220 matter, the Grievant and/or the Grievant’s representative may file, within four days of receipt 221 of the Part 2 decision and with the approval of the UFF, Part 3 of the ADR Form (with 222 supporting documentation) with the University's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 .
(f) Within seven days of receipt of Part 3 of the ADR Form and other documentation, 225 the University's representative shall place a written statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 XxxxxxxxGrievant’s ADR file. As soon as practicable thereafter, a copy of all documents placed in the 228 XxxxxxxxGrievant’s ADR File shall be presented to the Grievant and the Grievant’s representative, 229 who shall provide the University’s representative with a list of the Grievant’s expected 230 witnesses, which will be placed in the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 .
(g) Within seven days of receipt of all materials in (e) and (f) above, the University’s 234 representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative for the purpose of selecting a Mediator and alternate(s) from a Mediator 236 Panel chosen jointly by the University and the UFF. Selection of a Mediator from the panel 237 shall be by mutual agreement. 238 .
(h) The University's representative shall contact the selected Mediator no later than 239 three days following the selection. Should the Mediator selected be unable to serve, the 240 University's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s representative 243 within three days and schedule another selection meeting. 244 .
(i) Upon the agreement of the Mediator to participate, the University's representative 245 shall provide the Mediator with the Grievant’s ADR File. 246 .
(j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator has received the Grievant’s ADR File. The University's representative shall 248 notify the Grievant and/or the Grievant’s representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to it being convened. 250 .
(k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the Mediator.
(l) The ADR Meeting shall be conducted as follows:
(1) The Mediator shall conduct and have total authority at the ADR Meeting. The Mediator may conduct the ADR Meeting in whatever fashion, consistent with this Agreement, which will aid in arriving at a just decision.
(2) The Grievant’s representative shall be the sole representative for the Grievant, and the University’s representative shall be the sole representative of the University. Each representative may have one individual present to assist in the presentation of the Grievant’s case.
(3) Each representative may present documentary evidence from the employee's ADR File, question witnesses, offer arguments and cross-examine witnesses.
(4) The Mediator shall submit to all parties, on Part 4 of the ADR Form within forty-eight hours after the close of the ADR Meeting, a written, binding decision as to whether the assignment was imposed arbitrarily or unreasonably. The decision shall include the reasons for the Mediator’s determination.
(5) If the Mediator decides that the Xxxxxxxx’s assignment was imposed arbitrarily or unreasonably, the Mediator may also suggest an appropriate remedy. This suggestion is not binding on the University but shall be used by the University's representative in fashioning an appropriate remedy.
Appears in 1 contract
Assignment Dispute Resolution Procedures. 200 (a) A Grievant DisputantGrievant who believes that their instructional assignment has 201 been imposed 190 arbitrarily or unreasonably shall, within thirty fourteenthirty days after 202 receipt of the assignment, file Part 1 191 of the ADR Form to the University’s 203 representative responsible for handling grievancessuch filingsgrievances. The 192 University’s 204 representative shall notify the individual responsible for making the instructional 193 assignment 205 assignment, or that individual’s representative representative, within three days of the filing of 206 the ADR 194 GrievanceForm in Appendix FGrievance. The filing of Part 1 of the ADR Form shall 207 be accompanied by a brief and 195 concise statement of the GrievantGrievantDisputant’s 208 arguments, and any relevant documentation supporting 196 their position. This 209 documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute 210 Resolution File," which shall be kept separate from the GrievantGrievantDisputant’s 211 evaluation file. 198 Additional documentation shall not be considered in the ADR process 212 process, except by agreement 199 of the University's representative representative, unless it is 213 specifically named documentation that the 200 Grievant DisputantGrievant or the Grievant214 GrievantDisputant’s representative requested from the university prior to the 201 215 conference held pursuant to (b) below, but did not receive before such 216 conference. 202 217 (b) Within four days of receipt of Part 1 of the ADR FormForm in Appendix F, the 218 individual responsible for 203 making the instructional assignment in question or their 219 representative shall schedule and 204 hold a meeting to discuss the dispute. Twenty-Twenty- 220 four hours after this conference, the 205 individual responsible for making the 221 instructional assignment assignment, or their representative representative, shall 206 complete Part 1 of the ADR 222 Form and deliver it to the Grievant DisputantGrievant and/or XxxxxxxxGrievantDisputant’s 207 223 representative, the Xxxx or the Xxxx’x representative and the University’s 224 representative. 208 225 (c) If the Grievant DisputantGrievant continues to be aggrieved following the initial 226 conference, he or she 209 shall file the ADR Form, Appendix F, with Part 2 completed, 227 with the Xxxx or the Xxxx’x representative 210 no later than four days after receipt of 228 the ADR Part 1 decision. 211 229 (d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 230 DisputantGrievant and/or the GrievantGrievantDisputant’s representative to be held no 231 later than four days after filing Part 2 of 213 the ADR Form. At this meeting, the Grievant232 DisputantGrievant, the GrievantGrievantDisputant’s representative, and the Xxxx or 214 233 appropriate administrator shall discuss the dispute and attempt to resolve it. 234 Within twenty- 215 twenty-four hours after the conclusion of this meeting, the Xxxx or the 235 Xxxx’x representative shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant 236 DisputantGrievant and/or XxxxxxxxGrievantDisputant’s 217 representative, the individual 237 responsible for making the instructional assignment or that 218 person’s representative 238 representative, and the University’s representative. 219 (e) If consultation with the Xxxx or the Xxxx’x representative does not resolve the 220 matter, the Grievant and/or the Grievant’s representative may file, within four days of receipt 221 of the Part 2 decision and with the approval of the UFF, Part 3 of the ADR Form (with 222 supporting documentation) with the University's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 (f) Within seven days of receipt of Part 3 of the ADR Form and other documentation, 225 the University's representative shall place a written statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s ADR file. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s ADR File shall be presented to the Grievant and the Grievant’s representative, 229 who shall provide the University’s representative with a list of the Grievant’s expected 230 witnesses, which will be placed in the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 (g) Within seven days of receipt of all materials in (e) and (f) above, the University’s 234 representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative for the purpose of selecting a Mediator and alternate(s) from a Mediator 236 Panel chosen jointly by the University and the UFF. Selection of a Mediator from the panel 237 shall be by mutual agreement. 238 (h) The University's representative shall contact the selected Mediator no later than 239 three days following the selection. Should the Mediator selected be unable to serve, the 240 University's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s representative 243 within three days and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator to participate, the University's representative 245 shall provide the Mediator with the Grievant’s ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator has received the Grievant’s ADR File. The University's representative shall 248 notify the Grievant and/or the Grievant’s representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to it being convened. 250 (k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the Mediator.
Appears in 1 contract
Samples: Assignment of Responsibilities
Assignment Dispute Resolution Procedures. A Grievant An employee who believes that their instructional the assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty (30) days after receipt of the assignment, file Part 1 191 1A of the ADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify with the individual responsible for making the instructional 193 assignment or that individualwith a copy to the President’s representative within three days of the filing of the ADR 194 Grievanceand to a UFF representative. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s employee's arguments, and any relevant documentation supporting 196 their the employee's position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s employee's personnel evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the UniversityPresident's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative employee requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 Within seven (b7) Within four days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question assignment, (typically the Chair, Director or their representative representative) shall schedule meet with the employee and 204 hold a meeting to discuss the dispute. TwentyWithin twenty-four (24) hours after this conference, the 205 individual responsible for making the instructional assignment shall indicate whether or their representative shall 206 complete not it was arbitrarily or unreasonably imposed or if the disputed assignment has been resolved by completing Part 1 1B of the ADR Form and deliver it to the Grievant and/or Xxxxxxxxemployee with a copy to the President’s 207 representative. If the employee continues to be aggrieved following the initial conference, the employee shall file the ADR Form, with Part 1 completed, with the President’s representative no later than two (2) days after the initial conference. The President’s representative shall coordinate a meeting with the employee, the Xxxx or the Xxxx’x representative and the University’s representative. 208 UFF representative no later than two (c2) If the Grievant continues to be aggrieved following weeks after filing the initial conference, he or she 209 shall file the ADR Form, with Part 2 completed, with the Xxxx or the Xxxx’x representative 210 no later than four days after receipt of the ADR Part 1 decision. 211 (d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative to be held no later than four days after filing Part 2 of 213 the ADR Form. At this meeting, the Grievant, the Grievant’s representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four (24) hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative appropriate administrator shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s UFF representative. 219 (e) If consultation with the Xxxx or the Xxxx’x representative appropriate administrator does not resolve the 220 matter, the Grievant and/or the Grievant’s UFF representative may file, within four seven (7) days of receipt 221 of the Part 2 decision and with the approval of the UFFthat meeting, Part 3 of the ADR Form (with 222 supporting documentation) with the UniversityPresident's representative, indicating an intention to 223 submit the dispute to a Mediator certified in FloridaNeutral Umpire. 224 (f) Within seven (7) days of receipt of Part 3 of the ADR Form with parts 1, 2, and 3 completed and other documentation, 225 the UniversityPresident's representative shall may place a written explanation, brief DocuSign Envelope ID: 61DFD276-BA48-43BC-8C40-565C97E5DF53 statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s employee's ADR fileFile. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s employee's ADR File shall be presented to the Grievant and the Grievant’s UFF representative, 229 who shall provide the University’s representative with place a list of the Grievant’s employee's expected 230 witnesses, which will be placed in witnesses into the Grievant’s ADR Filefile. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 During these seven (g7) Within seven days of receipt of all materials in (e) and (f) abovedays, the University’s 234 President's representative and the UFF representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative meet for the purpose of selecting a Mediator and alternate(s) Neutral Umpire from a Mediator 236 Panel chosen jointly by the University and the UFFNeutral Umpire Panel. Selection of a Mediator from the panel 237 Neutral Umpire shall be by mutual agreementagreement or by alternatively striking names from the Neutral Umpire Panel list until one name remains. 238 (h) The Universityright of first choice to strike from the list shall be determined by the toss of a coin. The right to strike first shall alternate in any subsequent Neutral Umpire selection. The President's representative shall contact the selected Mediator Umpire no later than 239 three (3) days following the selection. Should the Mediator Umpire selected be unable to serve, the 240 UniversityPresident's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s UFF representative 243 within three days as soon as practicable and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator Neutral Umpire to participate, the UniversityPresident's representative 245 shall provide the Mediator Umpire with the Grievant’s employee's ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator Neutral Umpire has received the Grievant’s employee's ADR File. The UniversityPresident's representative shall 248 notify the Grievant and/or the Grievant’s UFF representative of the time and place of the ADR 249 Meeting no later than forty-eight (48) hours prior to it being convened. 250 (k) No person concerned with, with or involved in, in the assignment dispute shall attempt to 251 lobby or otherwise influence the decision of the MediatorUmpire. The ADR Meeting shall be conducted as follows:
(1). The employee, or a UFF representative, and a representative of the President shall be the sole representatives of the parties. Each representative may present documentary evidence from the employee's ADR File, interrogate witnesses, offer arguments, cross-examine witnesses, and have present at the meeting one individual to assist in the presentation of the representative's case.
(2). The Neutral Umpire will conduct and have total authority at the ADR Meeting. The Neutral Umpire may conduct the ADR Meeting in whatever fashion, consistent with this Agreement that will aid in arriving at a just decision.
(3). The Umpire shall submit to all parties on Part 4 of the ADR Form within forty-eight (48) hours after the close of the ADR Meeting a written, binding decision as to whether the assignment was imposed arbitrarily or unreasonably. The decision shall include the reasons for the Umpire's determination.
(4). If the Umpire decides that the employee's assignment was imposed arbitrarily or unreasonably, the Umpire may also suggest an appropriate remedy. This suggestion is not binding on the university but shall be used by the President or President's designee in fashioning an appropriate remedy.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Assignment Dispute Resolution Procedures. A Grievant An employee who believes that their instructional the assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty (30) days after receipt of the assignment, file Part 1 191 1A of the ADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify with the individual responsible for making the instructional 193 assignment or that individualwith a copy to the President’s representative within three days of the filing of the ADR 194 Grievanceand to a UFF representative. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s employee's arguments, and any relevant documentation supporting 196 their the employee's position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s employee's personnel evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the UniversityPresident's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative employee requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 Within seven (b7) Within four days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question assignment, (typically the Chair, Director or their representative representative) shall schedule meet with the employee and 204 hold a meeting to discuss the dispute. TwentyWithin twenty-four (24) hours after this conference, the 205 individual responsible for making the instructional assignment shall indicate whether or their representative shall 206 complete not it was arbitrarily or unreasonably imposed or if the disputed assignment has been resolved by completing Part 1 1B of the ADR Form and deliver it to the Grievant and/or Xxxxxxxxemployee with a copy to the President’s 207 representative. If the employee continues to be aggrieved following the initial conference, the employee shall file the ADR Form, with Part 1 completed, with the President’s representative no later than two (2) days after the initial conference. The President’s representative shall coordinate a meeting with the employee, the Xxxx or the Xxxx’x representative and the University’s representative. 208 UFF representative no later than two (c2) If the Grievant continues to be aggrieved following weeks after filing the initial conference, he or she 209 shall file the ADR Form, with Part 2 completed, with the Xxxx or the Xxxx’x representative 210 no later than four days after receipt of the ADR Part 1 decision. 211 (d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative to be held no later than four days after filing Part 2 of 213 the ADR Form. At this meeting, the Grievant, the Grievant’s representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four (24) hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative appropriate administrator shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s UFF representative. 219 (e) If consultation with the Xxxx or the Xxxx’x representative appropriate administrator does not resolve the 220 matter, the Grievant and/or the Grievant’s UFF representative may file, within four seven (7) days of receipt 221 of the Part 2 decision and with the approval of the UFFthat meeting, Part 3 of the ADR Form (with 222 supporting documentation) with the UniversityPresident's representative, indicating an intention to 223 submit the dispute to a Mediator certified in FloridaNeutral Umpire. 224 (f) Within seven (7) days of receipt of Part 3 of the ADR Form with parts 1, 2, and 3 completed and other documentation, 225 the UniversityPresident's representative shall may place a written explanation, brief statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s employee's ADR fileFile. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s employee's ADR File shall be presented to the Grievant and the Grievant’s UFF representative, 229 who shall provide the University’s representative with place a list of the Grievant’s employee's expected 230 witnesses, which will be placed in witnesses into the Grievant’s ADR Filefile. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 During these seven (g7) Within seven days of receipt of all materials in (e) and (f) abovedays, the University’s 234 President's representative and the UFF representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative meet for the purpose of selecting a Mediator and alternate(s) Neutral Umpire from a Mediator 236 Panel chosen jointly by the University and the UFFNeutral Umpire Panel. Selection of a Mediator from the panel 237 Neutral Umpire shall be by mutual agreementagreement or by alternatively striking names from the Neutral Umpire Panel list until one name remains. 238 (h) The Universityright of first choice to strike from the list shall be determined by the toss of a coin. The right to strike first shall alternate in any subsequent Neutral Umpire selection. The President's representative shall contact the selected Mediator Umpire no later than 239 three (3) days following the selection. Should the Mediator Umpire selected be unable to serve, the 240 UniversityPresident's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s UFF representative 243 within three days as soon as practicable and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator Neutral Umpire to participate, the UniversityPresident's representative 245 shall provide the Mediator Umpire with the Grievant’s employee's ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator Neutral Umpire has received the Grievant’s employee's ADR File. The UniversityPresident's representative shall 248 notify the Grievant and/or the Grievant’s UFF representative of the time and place of the ADR 249 Meeting no later than forty-eight (48) hours prior to it being convened. 250 (k) No person concerned with, with or involved in, in the assignment dispute shall attempt to 251 lobby or otherwise influence the decision of the MediatorUmpire. The ADR Meeting shall be conducted as follows:
(1). The employee, or a UFF representative, and a representative of the President shall be the sole representatives of the parties. Each representative may present documentary evidence from the employee's ADR File, interrogate witnesses, offer arguments, cross-examine witnesses, and have present at the meeting one individual to assist in the presentation of the representative's case.
(2). The Neutral Umpire will conduct and have total authority at the ADR Meeting. The Neutral Umpire may conduct the ADR Meeting in whatever fashion, consistent with this Agreement that will aid in arriving at a just decision.
(3). The Umpire shall submit to all parties on Part 4 of the ADR Form within forty-eight (48) hours after the close of the ADR Meeting a written, binding decision as to whether the assignment was imposed arbitrarily or unreasonably. The decision shall include the reasons for the Umpire's determination.
(4). If the Umpire decides that the employee's assignment was imposed arbitrarily or unreasonably, the Umpire may also suggest an appropriate remedy. This suggestion is not binding on the university but shall be used by the President or President's designee in fashioning an appropriate remedy.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Assignment Dispute Resolution Procedures. A Grievant (a) An employee who believes that their instructional the assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty (30) days after receipt of the assignment, file Part 1 191 of the ADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify with the individual responsible for making the instructional 193 assignment or that individual’s representative within three days of the filing of the ADR 194 Grievanceassignment. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s employee's arguments, and any relevant documentation supporting 196 their the employee's position. This documentation shall be placed in a file entitled "“Employee's Assignment 197 Dispute Resolution File," ” which shall be kept separate from the Grievant’s employee's personnel evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the UniversityPresident's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative employee requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 .
(b) Within four (4) days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question or their representative shall schedule meet with the employee and 204 hold a meeting to discuss the dispute. TwentyWithin twenty-four (24) hours after this conference, the 205 such individual responsible for making the instructional assignment or their representative shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x representative and the University’s representative. 208 employee.
(c) If the Grievant employee continues to be aggrieved following the initial conference, he or she 209 the employee shall file the ADR Form, with Part 2 1 completed, with the Xxxx or the Xxxx’x representative 210 other appropriate administrator no later than four (4) days after receipt of the ADR Part 1 decision. 211 initial conference.
(d) The Xxxx or the Xxxx’x UFF representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative Xxxx or other appropriate administrator to be held no later than four (4) days after filing Part 2 of 213 the ADR FormForm with the Xxxx or other appropriate administrator. At this meeting, the Grievantemployee, the Grievant’s UFF representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four (24) hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative appropriate administrator shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 UFF representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s representative. 219 .
(e) If consultation with the Xxxx or the Xxxx’x representative appropriate administrator does not resolve the 220 matter, the Grievant and/or the Grievant’s UFF representative may file, within four (4) days of receipt 221 of the Part 2 decision and with the approval of the UFFthat meeting, Part 3 of the ADR Form (with 222 supporting documentation) with the UniversityPresident's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 Neutral Umpire.
(f) Within seven (7) days of receipt of Part 3 of the completed ADR Form and other documentation, 225 the UniversityPresident's representative shall may place a written explanation, brief statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s employee's ADR fileFile. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s employee's ADR File shall be presented to the Grievant and the Grievant’s UFF representative, 229 who shall provide the University’s representative with place a list of the Grievant’s employee's expected 230 witnesses, which will be placed in witnesses into the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 file.
(g) Within seven days of receipt of all materials in (e) and (f) aboveAt the time that the completed ADR Form is submitted to the President's representative, the University’s 234 UFF representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 President's representative for the purpose of selecting a Mediator and alternate(sNeutral Umpire from the Neutral Umpire Panel. This meeting shall be scheduled for no later than seven (7) from a Mediator 236 Panel chosen jointly by days after filing of the University and the UFFcompleted ADR Form. Selection of a Mediator from the panel 237 Neutral Umpire shall be by mutual agreementagreement or by alternatively striking names from the Neutral Umpire Panel list until one name remains. 238 The right of first choice to strike from the list shall be determined by the toss of a coin. The right to strike first shall alternate in any subsequent Neutral Umpire selection.
(h) The UniversityPresident's representative shall contact the selected Mediator Umpire no later than 239 three (3) days following the selection. Should the Mediator Umpire selected be unable to serve, the 240 UniversityPresident's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s UFF representative 243 within three days as soon as practicable and schedule another selection meeting. 244 .
(i) Upon the agreement of the Mediator Neutral Umpire to participate, the UniversityPresident's representative 245 shall provide the Mediator Umpire with the Grievant’s employee's ADR File. 246 .
(j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator Neutral Umpire has received the Grievant’s employee's ADR File. The UniversityPresident's representative shall 248 notify the Grievant and/or the Grievant’s UFF representative of the time and place of the ADR 249 Meeting no later than forty-eight (48) hours prior to it being convened. 250 .
(k) No person concerned with, with or involved in, in the assignment dispute shall attempt to 251 lobby or otherwise influence the decision of the MediatorUmpire.
(l) The ADR Meeting shall be conducted as follows:
(1) The employee, or a UFF representative, and a representative of the President shall be the sole representatives of the parties. Each representative may present documentary evidence from the employee's ADR File, interrogate witnesses, offer arguments, cross-examine witnesses, and have present at the meeting one individual to assist in the presentation of the representative's case.
(2) The Neutral Umpire will conduct and have total authority at the ADR Meeting. The Neutral Umpire may conduct the ADR Meeting in whatever fashion, consistent with this Agreement that will aid in arriving at a just decision.
(3) The Umpire shall submit to all parties on Part 4 of the ADR Form within forty- eight (48) hours after the close of the ADR Meeting a written, binding decision as to whether the assignment was imposed arbitrarily or unreasonably. The decision shall include the reasons for the Umpire's determination.
(4) If the Umpire decides that the employee's assignment was imposed arbitrarily or unreasonably, the Umpire may also suggest an appropriate remedy. This suggestion is not binding on the university but shall be used by the President or President's designee in fashioning an appropriate remedy.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Assignment Dispute Resolution Procedures. (a) A Grievant Xxxxxxxx who believes that his or her their instructional assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty days after receipt of the assignment, file Part 1 191 of the ADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify the individual responsible for making the instructional 193 assignment or that individual’s representative within three days of the filing of the ADR 194 Grievance. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s arguments, and any relevant documentation supporting 196 his or her their position. This documentation shall be shallbe placed in a file entitled "Employee's Assignment 197 Dispute Resolution FileResolutionFile," which shall be kept separate from the Grievant’s evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the University's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 .
(b) Within four days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question or his/her their representative shall schedule and 204 hold a meeting to discuss the dispute. Twenty-four hours after this conference, the 205 individual responsible for making the instructional assignment or his orher their representative shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x representative and the University’s representative. 208 .
(c) If the Grievant continues to be aggrieved following the initial conference, he or she 209 shall file the ADR Form, with Part 2 completed, with the Xxxx or the Xxxx’x representative 210 no later than four days after receipt of the ADR Part 1 decision. 211 .
(d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative to be held no later than four days after filing Part 2 of 213 the ADR Form. At this meeting, the Grievant, the Grievant’s representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s representative. 219 .
(e) If consultation with the Xxxx or the Xxxx’x representative does not resolve the 220 matter, the Grievant and/or the Grievant’s representative may file, within four days of receipt 221 of the Part 2 decision and with the approval of the UFF, Part 3 of the ADR Form (with 222 supporting documentation) with the University's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 .
(f) Within seven days of receipt of Part 3 of the ADR Form and other documentation, 225 the University's representative shall place a written statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s ADR file. As soon as practicable thereafter, a copy of all documents placed in the 228 XxxxxxxxGrievant’s ADR File shall be presented to the Grievant and the Grievant’s representative, 229 who shall provide the University’s representative with a list of the Grievant’s expected 230 witnesses, which will be placed in the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 .
(g) Within seven days of receipt of all materials in (e) and (f) above, the University’s 234 representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative for the purpose of selecting a Mediator and alternate(s) from a Mediator 236 Panel chosen jointly by the University and the UFF. Selection of a Mediator from the panel 237 shall be by mutual agreement. 238 .
(h) The University's representative shall contact the selected Mediator no later than 239 three days following the selection. Should the Mediator selected be unable to serve, the 240 University's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s representative 243 within three days and schedule another selection meeting. 244 .
(i) Upon the agreement of the Mediator to participate, the University's representative 245 shall provide the Mediator with the Grievant’s ADR File. 246 .
(j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator has received the Grievant’s ADR File. The University's representative shall 248 notify the Grievant and/or the Grievant’s representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to it being convened. 250 .
(k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the Mediator.
(l) The ADR Meeting shall be conducted as follows:
(1) The Mediator shall conduct and have total authority at the ADR Meeting. The Mediator may conduct the ADR Meeting in whatever fashion, consistent with this Agreement, which will aid in arriving at a just decision.
(2) The Grievant’s representative shall be the sole representative for the Grievant, and the University’s representative shall be the sole representative of the University. Each representative may have one individual present to assist in the presentation of the Xxxxxxxx’s case.
(3) Each representative may present documentary evidence from the employee's ADR File, question witnesses, offer arguments and cross-examine witnesses.
(4) The Mediator shall submit to all parties, on Part 4 of the ADR Form within forty-eight hours after the close of the ADR Meeting, a written, binding decision as to whether the assignment was imposed arbitrarily or unreasonably. The decision shall include the reasons for the Mediator’s determination.
(5) If the Mediator decides that the Xxxxxxxx’s assignment was imposed arbitrarily or unreasonably, the Mediator may also suggest an appropriate remedy. This suggestion is not binding on the University but shall be used by the University's representative in fashioning an appropriate remedy.
Appears in 1 contract
Assignment Dispute Resolution Procedures. 485 (a) A Grievant Xxxxxxxx who believes that their instructional his or her assignment has been imposed 190 arbitrarily or unreasonably 486 shall, within thirty days after receipt of the assignment, file Part 1 191 of the ADR Form to the University’s 487 representative responsible for handling grievances. The 192 University’s representative shall notify the 488 individual responsible for making the instructional 193 assignment or that individual’s representative within three days of the 489 filing of the ADR 194 Grievance. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise 490 statement of the Grievant’s arguments, and any relevant documentation supporting 196 their his or her position. This 491 documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which 492 shall be kept separate from the Grievant’s evaluation file. 198 Additional documentation shall not be considered 493 in the ADR process except by agreement 199 of the University's representative unless it is specifically named 494 documentation that the 200 Grievant or the Grievant’s representative requested from the university prior to the 201 495 conference held pursuant to (b) below, but did not receive before such conference. 202 496 (b) Within four days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional 497 assignment in question or their his/her representative shall schedule and 204 hold a meeting to discuss the dispute. 498 Twenty-four hours after this conference, the 205 individual responsible for making the instructional assignment or their his or her 499 representative shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 500 representative, the Xxxx or the Xxxx’x representative and the University’s representative. 208 501 (c) If the Grievant continues to be aggrieved following the initial conference, he or she 209 shall file the ADR 502 Form, with Part 2 completed, with the Xxxx or the Xxxx’x representative 210 no later than four days after 503 receipt of the ADR Part 1 decision. 211 504 (d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 and/or the Grievant505 Xxxxxxxx’s representative to be held no later than four days after filing Part 2 of 213 the ADR Form. At this 506 meeting, the Grievant, the Grievant’s representative, and the Xxxx or 214 appropriate administrator shall 507 discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four hours after the conclusion of this meeting, 508 the Xxxx or the Xxxx’x representative shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant 509 and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s 510 representative and the University’s representative. 219 511 (e) If consultation with the Xxxx or the Xxxx’x representative does not resolve the 220 matter, the Grievant 512 and/or the Grievant’s representative may file, within four days of receipt 221 of the Part 2 decision and with the 513 approval of the UFF, Part 3 of the ADR Form (with 222 supporting documentation) with the University's 514 representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 515 (f) Within seven days of receipt of Part 3 of the ADR Form and other documentation, 225 the University's 516 representative shall place a written statement of the University's position, a 226 list of the University’s expected 517 witnesses, and other relevant documentation in the 227 XxxxxxxxGrievant’s ADR file. As soon as practicable thereafter, a 518 copy of all documents placed in the 228 XxxxxxxxGrievant’s ADR File shall be presented to the Grievant and the Grievant519 Xxxxxxxx’s representative, 229 who shall provide the University’s representative with a list of the Grievant’s 520 expected 230 witnesses, which will be placed in the Grievant’s ADR File. Any change in either the 231 University’s or 521 the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of 522 that change. 233 523 (g) Within seven days of receipt of all materials in (e) and (f) above, the University’s 234 representative shall 524 schedule a meeting with the Grievant and/or the Grievant’s 235 representative for the purpose of selecting a 525 Mediator and alternate(s) from a Mediator 236 Panel chosen jointly by the University and the UFF). Selection of a the Mediator from the panel 237 shall be by mutual agreement. 238 526 (h) The University's representative shall contact the selected Mediator no later than 239 three days 527 following the selection. Should the Mediator selected be unable to serve, the 240 University's representative 528 shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three 529 days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant530 Xxxxxxxx’s representative 243 within three days and schedule another selection meeting. 244 531 (i) Upon the agreement of the Mediator to participate, the University's representative 245 shall provide the 532 Mediator with the Grievant’s ADR File. 246 533 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator has 534 received the Grievant’s ADR File. The University's representative shall 248 notify the Grievant and/or the Grievant535 Xxxxxxxx’s representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to 536 it being convened. 250 537 (k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision 538 of the Mediator. 539 (l) The ADR Meeting shall be conducted as follows:
540 (1) The Mediator shall conduct and have total authority at the ADR Meeting. The Mediator may 541 conduct the ADR Meeting in whatever fashion, consistent with this Agreement, which will aid in arriving at a 542 just decision.
Appears in 1 contract
Samples: Tentative Agreement
Assignment Dispute Resolution Procedures. A Grievant An employee who believes that their instructional the assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty (30)fifteen (15) days after receipt of the assignment, file Part 1 191 1A of the ADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify with the individual responsible for making the instructional 193 assignment or that individualwith a copy to the President’s representative within three days of the filing of the ADR 194 Grievanceand to a UFF representative. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s employee's arguments, and any relevant documentation supporting 196 their the employee's position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s employee's personnel evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the UniversityPresident's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative employee requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 (b) Within four (4)seven (7) days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question assignment, (typically the Chair, Director or their representative representative) shall schedule meet with the employee and 204 hold a meeting to discuss the dispute. TwentyWithin twenty-four (24) hours after this conference, the 205 thesuch individual responsible for making the instructional assignment or their representative shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, employeeindicate whether or not it was arbitrarily or unreasonably imposed or if the Xxxx or disputed assignment has been resolved by completing Part 1B of the Xxxx’x representative ADR Form and deliver it to the Universityemployee with a copy to the President’s representative. 208 (c) If the Grievant employee continues to be aggrieved following the initial conference, he or she 209 the employee shall file the ADR Form, with Part 2 1 completed, with the Xxxx or the Xxxx’x other appropriate administratorPresident’s representative 210 no later than four (4)two (2) days after receipt of the ADR Part 1 decisioninitial conference. 211 (d) The Xxxx or the Xxxx’x UFF President’s representative shall schedule coordinate a meeting with the Grievant 212 and/or employee, the Grievant’s Xxxx or other appropriate administratorthe Xxxx’x representative and the UFF representative to be held no later than four days (4) daystwo (2) weeks after filing Part 2 of 213 the initial conference. ADR FormForm with the Xxxx or other appropriate administrator. At this meeting, the Grievantemployee, the Grievant’s UFF representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 four (24) hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative appropriate administrator shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s UFF representative. 219 (e) 3672 3673 3674 3675 3676 3677 3678 3679 3680 3681 3682 3683 3684 3685 3686 3687 3688 3689 3690 3691 3692 3693 3694 3695 3696 3697 3698 3699 3700 3701 3702 3703 3704 3705 3706 3707 3708 3709 3710 3711 3712 3713 3714 3715 3716 3717 3718 3719 3720 3721 If consultation with the Xxxx or the Xxxx’x representative appropriate administrator does not resolve the 220 matter, the Grievant and/or the Grievant’s UFF representative may file, within four (4)seven (7) days of receipt 221 of the Part 2 decision and with the approval of the UFFthat meeting, Part 3 of the ADR Form (with 222 supporting documentation) with the UniversityPresident's representative, indicating an intention to 223 submit the dispute to a Mediator certified in FloridaNeutral Umpire. 224 (f) Within seven (7) days of receipt of Part 3 of the completed ADR Form with parts 1, 2, and 3 completed and other documentation, 225 the UniversityPresident's representative shall may place a written explanation, brief statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s employee's ADR fileFile. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s employee's ADR File shall be presented to the Grievant and the Grievant’s UFF representative, 229 who shall provide the University’s representative with place a list of the Grievant’s employee's expected 230 witnesseswitnesses into the file. During these seven (7) days, which will be placed in At the Grievant’s time that the completed ADR File. Any change in either Form is submitted to the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 (g) Within seven days of receipt of all materials in (e) President's representative and (f) above, the University’s 234 UFF representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative President's representativemeet for the purpose of selecting a Mediator and alternate(sNeutral Umpire from the Neutral Umpire Panel. This meeting shall be scheduled for no later than seven (7) from a Mediator 236 Panel chosen jointly by days after filing of the University and the UFFcompleted ADR Form. Selection of a Mediator from the panel 237 Neutral Umpire shall be by mutual agreementagreement or by alternatively striking names from the Neutral Umpire Panel list until one name remains. 238 (h) The Universityright of first choice to strike from the list shall be determined by the toss of a coin. The right to strike first shall alternate in any subsequent Neutral Umpire selection. The President's representative shall contact the selected Mediator Umpire no later than 239 three (3) days following the selection. Should the Mediator Umpire selected be unable to serve, the 240 UniversityPresident's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s UFF representative 243 within three days as soon as practicable and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator Neutral Umpire to participate, the UniversityPresident's representative 245 shall provide the Mediator Umpire with the Grievant’s employee's ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator Neutral Umpire has received the Grievant’s employee's ADR File. The UniversityPresident's representative shall 248 notify the Grievant and/or the Grievant’s UFF representative of the time and place of the ADR 249 Meeting no later than forty-eight (48) hours prior to it being convened. 250 (k) No person concerned with, with or involved in, in the assignment dispute shall attempt to 251 lobby or otherwise influence the decision of the Mediator.Umpire. The ADR Meeting shall be conducted as follows:
Appears in 1 contract
Samples: Collective Bargaining Agreement
Assignment Dispute Resolution Procedures. A Grievant An employee who believes that their instructional the assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty fifteen (15) days after receipt of the assignment, file Part 1 191 1A of the ADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify with the individual responsible for making the instructional 193 assignment or that individualwith a copy to the President’s representative within three days of the filing of the ADR 194 Grievanceand to a UFF representative. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s employee's arguments, and any relevant documentation supporting 196 their the employee's position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s employee's personnel evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the UniversityPresident's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative employee requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 Within seven (b7) Within four days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question assignment, (typically the Chair, Director or their representative representative) shall schedule meet with the employee and 204 hold a meeting to discuss the dispute. TwentyWithin twenty-four (24) hours after this conference, the 205 individual responsible for making the instructional assignment shall indicate whether or their representative shall 206 complete not it was arbitrarily or unreasonably imposed or if the disputed assignment has been resolved by completing Part 1 1B of the ADR Form and deliver it to the Grievant and/or Xxxxxxxxemployee with a copy to the President’s 207 representative. If the employee continues to be aggrieved following the initial conference, the employee shall file the ADR Form, with Part 1 completed, with the President’s representative no later than two (2) days after the initial conference. The President’s representative shall coordinate a meeting with the employee, the Xxxx or the Xxxx’x representative and the University’s representative. 208 UFF representative no later than two (c2) If the Grievant continues to be aggrieved following weeks after filing the initial conference, he or she 209 shall file the ADR Form, with Part 2 completed, with the Xxxx or the Xxxx’x representative 210 no later than four days after receipt of the ADR Part 1 decision. 211 (d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative to be held no later than four days after filing Part 2 of 213 the ADR Form. At this meeting, the Grievant, the Grievant’s representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four (24) hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative appropriate administrator shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s UFF representative. 219 (e) If consultation with the Xxxx or the Xxxx’x representative appropriate administrator does not resolve the 220 matter, the Grievant and/or the Grievant’s UFF representative may file, within four seven (7) days of receipt 221 of the Part 2 decision and with the approval of the UFFthat meeting, Part 3 of the ADR Form (with 222 supporting documentation) with the UniversityPresident's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 (f) Neutral Umpire.Within seven (7) days of receipt of Part 3 of the ADR Form with parts 1, 2, and 3 completed and other documentation, 225 the UniversityPresident's representative shall may place a written explanation, brief statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s employee's ADR fileFile. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s employee's ADR File shall be presented to the Grievant and the Grievant’s UFF representative, 229 who shall provide the University’s representative with place a list of the Grievant’s employee's expected 230 witnesses, which will be placed in witnesses into the Grievant’s ADR Filefile. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 During these seven (g7) Within seven days of receipt of all materials in (e) and (f) abovedays, the University’s 234 President's representative a n d the UFF representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative meet for the purpose of selecting a Mediator and alternate(s) Neutral Umpire from a Mediator 236 Panel chosen jointly by the University and the UFFNeutral Umpire Panel. Selection of a Mediator from the panel 237 Neutral Umpire shall be by mutual agreementagreement or by alternatively striking names from the Neutral Umpire Panel list until one name remains. 238 (h) The Universityright of first choice to strike from the list shall be determined by the toss of a coin. The right to strike first shall alternate in any subsequent Neutral Umpire selection. The President's representative shall contact the selected Mediator Umpire no later than 239 three (3) days following the selection. Should the Mediator Umpire selected be unable to serve, the 240 UniversityPresident's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s UFF representative 243 within three days as soon as practicable and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator Neutral Umpire to participate, the UniversityPresident's representative 245 shall provide the Mediator Umpire with the Grievant’s employee's ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator Neutral Umpire has received the Grievant’s employee's ADR File. The UniversityPresident's representative shall 248 notify the Grievant and/or the Grievant’s UFF representative of the time and place of the ADR 249 Meeting no later than forty-eight (48) hours prior to it being convened. 250 (k) No person concerned with, with or involved in, in the assignment dispute shall attempt to 251 lobby or otherwise influence the decision of the MediatorUmpire. The ADR Meeting shall be conducted as follows:
(1). The employee, or a UFF representative, and a representative of the President shall be the sole representatives of the parties. Each representative may present documentary evidence from the employee's ADR File, interrogate witnesses, offer arguments, cross-examine witnesses, and have present at the meeting one individual to assist in the presentation of the representative's case.
(2). The Neutral Umpire will conduct and have total authority at the ADR Meeting. The Neutral Umpire may conduct the ADR Meeting in whatever fashion, consistent with this Agreement that will aid in arriving at a just decision.
(3). The Umpire shall submit to all parties on Part 4 of the ADR Form within forty-eight (48) hours after the close of the ADR Meeting a written, binding decision as to whether the assignment was imposed arbitrarily or unreasonably. The decision shall include the reasons for the Umpire's determination.
(4). If the Umpire decides that the employee's assignment was imposed arbitrarily or unreasonably, the Umpire may also suggest an appropriate remedy. This suggestion is not binding on the university but shall be used by the President or President's designee in fashioning an appropriate remedy.
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Assignment Dispute Resolution Procedures. A Grievant Xxxxxxxx who believes that their instructional his or her assignment has been imposed 190 arbitrarily 246 or unreasonably shall, within thirty (30) days after receipt of the assignment, file Part 1 191 of the 247 ADR Form to the UniversitypresidentUniversity’s representative responsible for handling grievances. The 192 University248 presidentUniversity’s representative shall notify the individual responsible for making the instructional 193 249 assignment or that individual’s representative within three (3) days of the filing of the ADR 194 250 Grievance. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise 251 statement of the Grievant’s arguments, and any relevant documentation supporting 196 their his or her 252 position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute 253 Resolution File," which shall be kept separate from the Grievant’s evaluation file. 198 Additional 254 documentation shall not be considered in the ADR process except by agreement 199 of the University255 presidentUniversity's representative unless it is specifically named documentation that the 200 256 Grievant or the Grievant’s representative requested from the university prior to the 201 conference 257 held pursuant to (b) below, but did not receive before such conference. 202 258 (b) Within four (4) days of receipt of Part 1 of the ADR Form, the individual 259 responsible for 203 making the instructional assignment in question or their his/her representative shall schedule and 204 260 hold a meeting to discuss the dispute. Twenty-four (24) hours after this conference, the 205 261 individual responsible for making the instructional assignment or their his or her representative shall 206 complete Part 262 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or 263 the Xxxx’x representative and the UniversitypresidentUniversity’s representative. 208 264 (c) If the Grievant continues to be aggrieved following the initial conference, he or 265 she 209 shall file the ADR Form, with Part 2 completed, with the Xxxx or the Xxxx’x representative 210 266 no later than four (4) days after receipt of the ADR Part 1 decision. 211 267 (d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 268 and/or the Grievant’s representative to be held no later than four (4) days after filing Part 2 of 213 the 269 ADR Form. At this meeting, the Grievant, the Grievant’s representative, and the Xxxx or 214 270 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four 271 (24) hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative shall 216 272 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, 273 the individual responsible for making the instructional assignment or that 218 person’s representative and the University274 presidentUniversity’s representative. 219 275 (e) If consultation with the Xxxx or the Xxxx’x representative does not resolve the 220 276 matter, the Grievant and/or the Grievant’s representative may file, within four (4) days of receipt 221 277 of the Part 2 decision and with the approval of the UFF, Part 3 of the ADR Form (with 222 278 supporting documentation) with the UniversitypresidentUniversity's representative, indicating an intention 279 to 223 submit the dispute to a Mediator certified in Florida. 224 280 (f) Within seven (7) days of receipt of Part 3 of the ADR Form and other 281 documentation, 225 the UniversitypresidentUniversity's representative shall place a written statement of the 282 University's position, a 226 list of the University’s expected witnesses, and other relevant 283 documentation in the 227 XxxxxxxxGrievant’s ADR file. As soon as practicable thereafter, a copy of all 284 documents placed in the 228 XxxxxxxxGrievant’s ADR File shall be presented to the Grievant and the Grievant285 Xxxxxxxx’s representative, 229 who shall provide the UniversitypresidentUniversity’s representative with a list 286 of the Grievant’s expected 230 witnesses, which will be placed in the Grievant’s ADR File. Any 287 change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone 288 involved in the ADR 232 within twenty-four (24) hours of that change. 233 289 (g) Within seven (7) days of receipt of all materials in (e) and (f) above, the University290 presidentUniversity’s 234 representative shall schedule a meeting with the Grievant and/or the Grievant291 Xxxxxxxx’s 235 representative for the purpose of selecting a Mediator and alternate(s) ). from the 292 Mediator Panel in a manner consistent with “4. Mediator 236 Panel chosen jointly by the University and the UFFPanel” (below). Selection of a the 293 Mediator from the panel 237 shall be by mutual agreement. 238 or by alternatively striking names from the Mediator 294 Panel list until one name remains. The last name remaining on the panel list shall be the 295 Mediator of choice and the last name actually struck from the list shall serve as the alternate if 296 the chosen Mediator cannot serve. The right of first choice to strike from the list shall be 297 determined by the toss of a coin by a third party. 298 (h) The UniversitypresidentUniversity's representative shall contact the selected Mediator no 299 later than 239 three (3) days following the selection. Should the Mediator selected be unable to serve, 300 the 240 UniversitypresidentUniversity's representative shall notify the Grievant and/or Xxxxxxxx’s representative 301 and 241 contact the an alternate Mediator within three (3) days. If neither Mediator can serve, the 242 University302 presidentUniversity’s representative shall contact the Grievant and/or the Grievant’s 303 representative 243 within three (3) days and schedule another selection meeting. 244 304 (i) Upon the agreement of the Mediator to participate, the UniversitypresidentUniversity's 305 representative 245 shall provide the Mediator with the Grievant’s ADR File. 246 306 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable 307 after 247 the Mediator has received the Grievant’s ADR File. The UniversitypresidentUniversity's 308 representative shall 248 notify the Grievant and/or the Grievant’s representative of the time and place 309 of the ADR 249 Meeting no later than forty-eight (48) hours prior to it being convened. 250 310 (k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 311 lobby the decision of the Mediator.. 312 (l) The ADR Meeting shall be conducted as follows:
Appears in 1 contract
Assignment Dispute Resolution Procedures. 199 (a) A Grievant DisputantGrievant who believes that their instructional assignment has 200 been imposed 190 arbitrarily or unreasonably shall, within thirty fourteenthirty days after 201 receipt of the assignment, file Part 1 191 of the ADR Form to the University’s 202 representative responsible for handling grievancessuch filingsgrievances. The 192 University’s 203 representative shall notify the individual responsible for making the instructional 193 assignment 204 assignment, or that individual’s representative representative, within three days of the filing of 205 the ADR 194 GrievanceForm in Appendix FGrievance. The filing of Part 1 of the ADR Form shall 206 be accompanied by a brief and 195 concise statement of the GrievantGrievantDisputant’s 207 arguments, and any relevant documentation supporting 196 their position. This 208 documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute 209 Resolution File," which shall be kept separate from the GrievantGrievantDisputant’s 210 evaluation file. 198 Additional documentation shall not be considered in the ADR process 211 process, except by agreement 199 of the University's representative representative, unless it is 212 specifically named documentation that the 200 Grievant DisputantGrievant or the Grievant213 GrievantDisputant’s representative requested from the university prior to the 201 214 conference held pursuant to (b) below, but did not receive before such 215 conference. 202 216 (b) Within four days of receipt of Part 1 of the ADR FormForm in Appendix F, the 217 individual responsible for 203 making the instructional assignment in question or their 218 representative shall schedule and 204 hold a meeting to discuss the dispute. Twenty-Twenty- 219 four hours after this conference, the 205 individual responsible for making the 220 instructional assignment assignment, or their representative representative, shall 206 complete Part 1 of the ADR 221 Form and deliver it to the Grievant DisputantGrievant and/or XxxxxxxxGrievantDisputant’s 207 222 representative, the Xxxx or the Xxxx’x representative and the University’s 223 representative. 208 224 (c) If the Grievant DisputantGrievant continues to be aggrieved following the initial 225 conference, he or she 209 shall file the ADR Form, Appendix F, with Part 2 completed, 226 with the Xxxx or the Xxxx’x representative 210 no later than four days after receipt of 227 the ADR Part 1 decision. 211 228 (d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 229 DisputantGrievant and/or the GrievantGrievantDisputant’s representative to be held no 230 later than four days after filing Part 2 of 213 the ADR Form. At this meeting, the Grievant231 DisputantGrievant, the GrievantGrievantDisputant’s representative, and the Xxxx or 214 232 appropriate administrator shall discuss the dispute and attempt to resolve it. 233 Within twenty- 215 twenty-four hours after the conclusion of this meeting, the Xxxx or the 234 Xxxx’x representative shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant 235 DisputantGrievant and/or XxxxxxxxGrievantDisputant’s 217 representative, the individual 236 responsible for making the instructional assignment or that 218 person’s representative 237 representative, and the University’s representative. 219 238 (e) If consultation with the Xxxx or the Xxxx’x representative does not resolve 239 the 220 matter, the Grievant DisputantGrievant and/or the GrievantGrievantDisputant’s representative 240 may file, within four days of receipt 221 of the Part 2 decision and with the approval 241 of the UFF, Part 3 of the ADR Form (with 222 supporting documentation) with the 242 University's representative, indicating an intention to 223 submit the dispute to a 243 Mediator certified in Florida. 224 244 (f) Within seven days of receipt of Part 3 of the ADR Form and other 245 documentation, 225 the University's representative shall place a written statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s ADR file. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s ADR File shall be presented to the Grievant and the Grievant’s representative, 229 who shall provide the University’s representative with a list of the Grievant’s expected 230 witnesses, which will be placed in the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 (g) Within seven days of receipt of all materials in (e) and (f) above, the University’s 234 representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative for the purpose of selecting a Mediator and alternate(s) from a Mediator 236 Panel chosen jointly by the University and the UFF. Selection of a Mediator from the panel 237 shall be by mutual agreement. 238 (h) The University's representative shall contact the selected Mediator no later than 239 three days following the selection. Should the Mediator selected be unable to serve, the 240 University's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s representative 243 within three days and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator to participate, the University's representative 245 shall provide the Mediator with the Grievant’s ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator has received the Grievant’s ADR File. The University's representative shall 248 notify the Grievant and/or the Grievant’s representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to it being convened. 250 (k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the Mediator.of
Appears in 1 contract
Samples: Assignment of Responsibilities
Assignment Dispute Resolution Procedures. A Grievant (a) An employee who believes that their instructional the assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty (30) days after receipt of the assignment, file Part 1 191 of the ADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify with the individual responsible for making the instructional 193 assignment or that individual’s representative within three days of the filing of the ADR 194 Grievanceassignment. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s employee's arguments, and any relevant documentation supporting 196 their the employee's position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s employee's personnel evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the UniversityPresident's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative employee requested from the university University prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 .
(b) Within four (4) days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question or their representative shall schedule meet with the employee and 204 hold a meeting to discuss the dispute. TwentyWithin twenty-four (24) hours after this conference, the 205 such individual responsible for making the instructional assignment or their representative shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x representative and the University’s representative. 208 employee.
(c) If the Grievant employee continues to be aggrieved following the initial conference, he or she 209 the employee shall file the ADR Form, with Part 2 1 completed, with the Xxxx or the Xxxx’x representative 210 other appropriate administrator no later than four (4) days after receipt of the ADR Part 1 decision. 211 initial conference.
(d) The Xxxx or the Xxxx’x UFF representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative Xxxx or other appropriate administrator to be held no later than four (4) days after filing Part 2 of 213 the ADR FormForm with the Xxxx or other appropriate administrator. At this meeting, the Grievantemployee, the Grievant’s UFF representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four (24) hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative appropriate administrator shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 UFF representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s representative. 219 .
(e) If consultation with the Xxxx or the Xxxx’x representative appropriate administrator does not resolve the 220 matter, the Grievant and/or the Grievant’s UFF representative may file, within four (4) days of receipt 221 of the Part 2 decision and with the approval of the UFFthat meeting, Part 3 of the ADR Form (with 222 supporting documentation) with the UniversityPresident's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 Neutral Umpire.
(f) Within seven (7) days of receipt of Part 3 of the completed ADR Form and other documentation, 225 the UniversityPresident's representative shall may place a written explanation, brief statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s employee's ADR fileFile. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s employee's ADR File shall be presented to the Grievant and the Grievant’s UFF representative, 229 who shall provide the University’s representative with place a list of the Grievant’s employee's expected 230 witnesses, which will be placed in witnesses into the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 file.
(g) Within seven days of receipt of all materials in (e) and (f) aboveAt the time that the completed ADR Form is submitted to the President's representative, the University’s 234 UFF representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 President's representative for the purpose of selecting a Mediator and alternate(sNeutral Umpire from the Neutral Umpire Panel. This meeting shall be scheduled for no later than seven (7) from a Mediator 236 Panel chosen jointly by days after filing of the University and the UFFcompleted ADR Form. Selection of a Mediator from the panel 237 Neutral Umpire shall be by mutual agreementagreement or by alternatively striking names from the Neutral Umpire Panel list until one name remains. 238 The right of first choice to strike from the list shall be determined by the toss of a coin. The right to strike first shall alternate in any subsequent Neutral Umpire selection.
(h) The UniversityPresident's representative shall contact the selected Mediator Umpire no later than 239 three (3) days following the selection. Should the Mediator Umpire selected be unable to serve, the 240 UniversityPresident's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s UFF representative 243 within three days as soon as practicable and schedule another selection meeting. 244 .
(i) Upon the agreement of the Mediator Neutral Umpire to participate, the UniversityPresident's representative 245 shall provide the Mediator Umpire with the Grievant’s employee's ADR File. 246 .
(j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator Neutral Umpire has received the Grievant’s employee's ADR File. The UniversityPresident's representative shall 248 notify the Grievant and/or the Grievant’s UFF representative of the time and place of the ADR 249 Meeting no later than forty-eight (48) hours prior to it being convened. 250 .
(k) No person concerned with, with or involved in, in the assignment dispute shall attempt to 251 lobby or otherwise influence the decision of the MediatorUmpire.
(l) The ADR Meeting shall be conducted as follows:
(1) The employee, or a UFF representative, and a representative of the President shall be the sole representatives of the parties. Each representative may present documentary evidence from the employee's ADR File, interrogate witnesses, offer arguments, cross-examine witnesses, and have present at the meeting one individual to assist in the presentation of the representative's case.
(2) The Neutral Umpire will conduct and have total authority at the ADR Meeting. The Neutral Umpire may conduct the ADR Meeting in whatever fashion, consistent with this Agreement, that will aid in arriving at a just decision.
(3) The Umpire shall submit to all parties on Part 4 of the ADR Form within forty-eight (48) hours after the close of the ADR Meeting a written, binding decision as to whether the assignment was imposed arbitrarily or unreasonably. The decision shall include the reasons for the Umpire's determination.
(4) If the Umpire decides that the employee's assignment was imposed arbitrarily or unreasonably, the Umpire may also suggest an appropriate remedy. This suggestion is not binding on the University but shall be used by the President or President's designee in fashioning an appropriate remedy.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Assignment Dispute Resolution Procedures. 195 (a) A Grievant Xxxxxxxx who believes that their their[j8] instructional assignment has been imposed 190 196 arbitrarily or unreasonably shall, within thirty withinthirty days after receipt of the assignment, file Part 197 1 191 of the ADR Form to Formto the University’s representative responsible for handling grievances. 198 The 192 University’s representative shall notify the individual responsible for making the 199 instructional 193 assignment or that individual’s representative within three days of the filing 200 of the ADR 194 Grievance. The filing of Part 1 of the ADR Form shall be accompanied by a 201 brief and 195 concise statement of the Grievant’s arguments, and any relevant 202 documentation supporting 196 their position[j9]position. This documentation shall be shallbe placed in a file 203 entitled "Employee's Assignment 197 Dispute Resolution FileResolutionFile," which shall be kept separate 204 from the Grievant’s evaluation file. 198 Additional documentation shall not be considered in 205 the ADR process except by agreement 199 of the University's representative unless it is 206 specifically named documentation that the 200 Grievant or the Grievant’s representative 207 requested from the university prior to the 201 conference held pursuant to (b) below, but did 208 not receive before such conference. 202 209 (b) Within four days of receipt of Part 1 of the ADR Form, the individual responsible 210 for 203 making the instructional assignment in question or their their[j10] representative shall 211 schedule and 204 hold a meeting to discuss the dispute. Twenty-four hours after this 212 conference, the 205 individual responsible for making the instructional assignment or their their[j11] 213 representative shall 206 complete Part 1 of the ADR Form and deliver 214 it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x theDean’s 215 representative and the University’s representative. 208 216 (c) If the Grievant continues to be aggrieved following the initial conference, he or 217 she 209 shall file the ADR Form, with Part 2 completed, ,with the Xxxx or the Xxxx’x 218 representative 210 no later than four days after receipt of the ADR Part 1 decision. 211 219 (d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the 220 Grievant 212 and/or the Grievant’s representative to be held no later than four days after 221 filing Part 2 of 213 the ADR Form. At this meetingthismeeting, the Grievant, the GrievantXxxxxxxx’s 222 representative, and the Xxxx or 214 appropriate orappropriate administrator shall discuss the dispute and 223 attempt to resolve it. Within twenty- 215 twenty-four hours after the conclusion of this meeting, the 224 Xxxx or the Xxxx’x representative shall 216 complete Part 2 of 2of the ADR Form and deliver it 225 to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making 226 the instructional assignment or that 218 person’s representative and the University’s 227 representative. 219 228 (e) If consultation with the Xxxx or the Xxxx’x representative does not doesnot resolve the 220 229 matter, the Grievant and/or the Grievant’s representative may file, within four days of 230 receipt 221 of the Part 2 decision and with the approval of the UFF, Part 3 of the ADR Form 231 (with 222 supporting documentation) with the University's representative, indicating an 232 intention to 223 submit the dispute to a Mediator certified in Florida. 224 233 (f) Within seven days of receipt of Part 3 of the ADR Form and other documentation, 225 234 the University's representative shall place a written statement of the University's position, 235 a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx236 Grievant’s ADR file. As soon as practicable thereafter, a copy of all documents placed in 237 the 228 XxxxxxxxGrievant’s ADR File shall be presented to the Grievant theGrievant and the Grievant’s 238 representative, 229 who shall provide the University’s representative with a list of the Grievant239 Xxxxxxxx’s expected 230 witnesses, which will be placed in the Grievant’s ADR File. Any 240 change in either the 231 University’s or the Grievant’s witness list shall be shared with 241 everyone involved in the ADR 232 within twenty-four hours of that change. 233 242 (g) Within seven days of receipt of all materials in (e) and (f) above, the University’s 234 243 representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 244 representative for the purpose of selecting a Mediator and alternate(s) from a Mediator 236 245 Panel chosen jointly by the University and the UFF. Selection of a Mediator from the 246 panel 237 shall be by mutual agreement. 238 247 (h) The University's representative shall contact the selected Mediator no later than 239 248 three days following the selection. Should the Mediator selected be unable to serve, the 240 249 University's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 250 contact an alternate Mediator within three days. If neither Mediator can serve, ,the 242 251 University’s representative shall contact the Grievant and/or the Grievant’s 252 representative 243 within three days and schedule another selection meeting. 244 253 (i) Upon the agreement of the Mediator to participate, the University's 254 representative 245 shall provide the Mediator with the GrievanttheGrievant’s ADR File. 246 255 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable 256 after 247 the Mediator has received the Grievant’s ADR File. The University's representative 257 shall 248 notify the Grievant and/or the Grievant’s representative of the time and place of the ADR 249 Meeting 258 ADRMeeting no later than forty-eight hours prior to it being convened. 250 259 (k) No person concerned with, or involved in, the assignment dispute assignmentdispute shall 260 attempt to 251 lobby the decision of the Mediator.. 261 (l) The ADR Meeting shall be conducted as follows:
Appears in 1 contract
Assignment Dispute Resolution Procedures. A Grievant (1) An employee who believes that their instructional an assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty (30) days after receipt of the assignment, file Part 1 191 of the ADR Form with the employee’s Division Chair or direct supervisor. The ADR Form is Appendix H to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify the individual responsible for making the instructional 193 assignment or that individual’s representative within three days of the filing of the ADR 194 GrievanceAgreement. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s employee's arguments, and any relevant documentation supporting 196 their the employee's position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s employee's personnel evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the University's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative requested from the university prior to the 201 conference held pursuant to .
(b) below, but did not receive before such conference. 202 (b2) Within four (4) days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making Division Chair or supervisor shall meet with the instructional assignment in question or their representative shall schedule employee and 204 hold a meeting to discuss the dispute. TwentyWithin twenty-four (24) hours after this conference, the 205 individual responsible for making the instructional assignment Division Chair or their representative supervisor shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x representative and the University’s representative. 208 employee.
(c3) If the Grievant employee continues to be aggrieved following the initial conference, he or she 209 the employee shall file the ADR Form, with Part 2 1 completed, with the Xxxx or the Xxxx’x representative 210 Xxxxxxx no later than four (4) days after receipt of the ADR Part 1 decision. 211 initial conference.
(d4) The Xxxx or the Xxxx’x UFF representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative Xxxxxxx to be held no later than four (4) days after filing Part 2 of 213 the ADR FormForm with the Xxxxxxx. At this meeting, the Grievantemployee, the Grievant’s UFF representative, and the Xxxx or 214 appropriate administrator Xxxxxxx shall discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four (24) hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative Xxxxxxx shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 UFF representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s representative. 219 .
(e5) If consultation with the Xxxx or the Xxxx’x representative Xxxxxxx does not resolve the 220 matter, the Grievant and/or the Grievant’s UFF representative may file, within four (4) days of receipt 221 of the Part 2 decision and with the approval of the UFFthat meeting, Part 3 of the ADR Form (with 222 supporting documentation) with the University's representative, General Counsel indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 Neutral Umpire.
(f6) Within seven (7) days of receipt of Part 3 of the completed ADR Form and other documentation, 225 the University's representative shall General Counsel may place a written explanation, brief statement of the University's College’s position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s employee's ADR fileFile. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s employee's ADR File shall be presented to the Grievant and the Grievant’s UFF representative, 229 who shall provide the University’s representative with place a list of the Grievant’s employee's expected 230 witnesses, which will be placed witnesses and other relevant documentation in the Grievant’s file.
(7) At the time that the completed ADR File. Any change in either Form is submitted to the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 (g) Within seven days of receipt of all materials in (e) and (f) aboveGeneral Counsel, the University’s 234 UFF representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative General Counsel for the purpose of selecting a Mediator and alternate(sNeutral Umpire from the Neutral Umpire Panel. This meeting shall be scheduled for no later than seven (7) from a Mediator 236 Panel chosen jointly by days after filing of the University and the UFFcompleted ADR Form. Selection of a Mediator from the panel 237 Neutral Umpire shall be by mutual agreementagreement or by alternatively striking names from the Neutral Umpire Panel list until one name remains. 238 The right of first choice to strike from the list shall be determined by the toss of a coin. The right to strike first shall alternate in any subsequent Neutral Umpire selection.
(h) 8) The University's representative General Counsel shall contact the selected Mediator Umpire no later than 239 three (3) days following the selection. Should the Mediator Umpire selected be unable to serve, the 240 University's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative General Counsel shall contact the Grievant and/or the Grievant’s UFF representative 243 within three days as soon as practicable and schedule another selection meeting. 244 .
(i9) Upon the agreement of the Mediator Neutral Umpire to participate, the University's representative 245 General Counsel shall provide the Mediator Umpire with the Grievant’s employee's ADR File. 246 .
(j10) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator Neutral Umpire has received the Grievant’s employee's ADR File. The University's representative General Counsel shall 248 notify the Grievant and/or the Grievant’s UFF representative of the time and place of the ADR 249 Meeting no later than forty-eight (48) hours prior to it being convened. 250 .
(k11) No person concerned with, with or involved in, in the assignment dispute shall attempt to 251 lobby or otherwise influence the decision of the MediatorUmpire.
(12) The ADR Meeting shall be conducted as follows:
a. The employee, or a UFF representative, and a representative of the President shall be the sole representatives of the parties. Each representative may present documentary evidence from the employee's ADR File, interrogate witnesses, offer arguments, cross-examine witnesses, and have present at the meeting one individual to assist in the presentation of the representative's case.
b. The Neutral Umpire will conduct and have total authority at the ADR Meeting. The Neutral Umpire may conduct the ADR Meeting in whatever fashion, consistent with this Agreement, that will aid in arriving at a just decision.
c. The Umpire shall submit to all parties on Part 4 of the ADR Form within forty-eight (48) hours after the close of the ADR Meeting a written, binding decision as to whether the assignment was imposed arbitrarily or unreasonably. The decision shall include the reasons for the Umpire's determination.
d. If the Umpire decides that the employee's assignment was imposed arbitrarily or unreasonably, the Umpire may also suggest an appropriate remedy. This suggestion is not binding on the College but shall be used by the President or Representative in fashioning an appropriate remedy.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Assignment Dispute Resolution Procedures. 199 (a) A Grievant DisputantGrievant who believes that their instructional assignment has 200 been imposed 190 arbitrarily or unreasonably shall, within thirty fourteenthirty days after 201 receipt of the assignment, file Part 1 191 of the ADR Form to the University’s 202 representative responsible for handling grievancessuch filingsgrievances. The 192 University’s 203 representative shall notify the individual responsible for making the instructional 193 assignment 204 assignment, or that individual’s representative representative, within three days of the filing of 205 the ADR 194 GrievanceForm in Appendix FGrievance. The filing of Part 1 of the ADR Form shall 206 be accompanied by a brief and 195 concise statement of the GrievantGrievantDisputant’s 207 arguments, and any relevant documentation supporting 196 their position. This 208 documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute 209 Resolution File," which shall be kept separate from the GrievantGrievantDisputant’s 210 evaluation file. 198 Additional documentation shall not be considered in the ADR process 211 process, except by agreement 199 of the University's representative representative, unless it is 212 specifically named documentation that the 200 Grievant DisputantGrievant or the Grievant213 GrievantDisputant’s representative requested from the university prior to the 201 214 conference held pursuant to (b) below, but did not receive before such 215 conference. 202 216 (b) Within four days of receipt of Part 1 of the ADR FormForm in Appendix F, the 217 individual responsible for 203 making the instructional assignment in question or their 218 representative shall schedule and 204 hold a meeting to discuss the dispute. Twenty-Twenty- 219 four hours after this conference, the 205 individual responsible for making the 220 instructional assignment assignment, or their representative representative, shall 206 complete Part 1 of the ADR 221 Form and deliver it to the Grievant DisputantGrievant and/or XxxxxxxxGrievantDisputant’s 207 222 representative, the Xxxx or the Xxxx’x representative and the University’s 223 representative. 208 224 (c) If the Grievant DisputantGrievant continues to be aggrieved following the initial 225 conference, he or she 209 shall file the ADR Form, Appendix F, with Part 2 completed, 226 with the Xxxx or the Xxxx’x representative 210 no later than four days after receipt of 227 the ADR Part 1 decision. 211 228 (d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 229 DisputantGrievant and/or the GrievantGrievantDisputant’s representative to be held no 230 later than four days after filing Part 2 of 213 the ADR Form. At this meeting, the Grievant231 DisputantGrievant, the GrievantGrievantDisputant’s representative, and the Xxxx or 214 232 appropriate administrator shall discuss the dispute and attempt to resolve it. 233 Within twenty- 215 twenty-four hours after the conclusion of this meeting, the Xxxx or the 234 Xxxx’x representative shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant 235 DisputantGrievant and/or XxxxxxxxGrievantDisputant’s 217 representative, the individual 236 responsible for making the instructional assignment or that 218 person’s representative 237 representative, and the University’s representative. 219 238 (e) If consultation with the Xxxx or the Xxxx’x representative does not resolve 239 the 220 matter, the Grievant DisputantGrievant and/or the GrievantGrievantDisputant’s representative 240 may file, within four days of receipt 221 of the Part 2 decision and with the approval 241 of the UFF, Part 3 of the ADR Form (with 222 supporting documentation) with the 242 University's representative, indicating an intention to 223 submit the dispute to a 243 Mediator certified in Florida. 224 244 (f) Within seven days of receipt of Part 3 of the ADR Form and other 245 documentation, 225 the University's representative shall place a written statement of 246 the University's position, a 226 list of the University’s expected witnesses, and other 247 relevant documentation in the 227 XxxxxxxxGrievant’s ADR file. As soon as practicable 248 thereafter, a copy of all documents placed in the 228 XxxxxxxxGrievant’s ADR File shall be 249 presented to the Grievant and the Grievant’s representative, 229 who shall provide 250 the University’s representative with a list of the Grievant’s expected 230 witnesses, 251 which will be placed in the Grievant’s ADR File. Any change in either the 231 252 University’s or the Grievant’s witness list shall be shared with everyone involved 253 in the ADR 232 within twenty-four hours of that change. 233 254 (g) Within seven days of receipt of all materials in (e) and (f) above, the 255 University’s 234 representative shall schedule a meeting with the Grievant and/or the Grievant256 Xxxxxxxx’s 235 representative for the purpose of discussing the grievance and possible 257 remedies in the event the University’s representative would conclude the 258 Xxxxxxxx’s assignment is arbitrary or unreasonable. This meeting is to be 259 scheduled no later than four days after the filing of Part 3 of the ADR form. The 260 University’s representative shall submit their decision to all parties involved, on 261 Part 4 of the ADR form within forty-eight hours after the conclusion of the 262 meeting. The decision will include reasons why the University’s representative 263 reached their conclusion and, when appropriate, a suggested remedy. selecting a 264 Mediator and alternate(s) from a Mediator 236 Panel chosen jointly by the University 265 and the UFF. Selection of a Mediator from the panel 237 shall be by mutual 266 agreement. 238 267 (hgh) The ADR process ends after Part 4 of the ADR form is delivered, unless 268 the dispute was resolved at an earlier step of the ADR procedure.The University's 269 representative shall contact the selected Mediator no later than 239 three days 270 following the selection. Should the Mediator selected be unable to serve, the 240 271 University's representative shall notify the Grievant and/or Xxxxxxxx’s 272 representative and 241 contact an alternate Mediator within three days. If neither 273 Mediator can serve, the 242 University’s representative shall contact the Grievant 274 and/or the Grievant’s representative 243 within three days and schedule another 275 selection meeting. 244 276 (i) Upon the agreement of the Mediator to participate, the University's 277 representative 245 shall provide the Mediator with the Grievant’s ADR File. 246 278 (j) The ADR Meeting with the Mediator shall be scheduled as soon as 279 practicable after 247 the Mediator has received the Grievant’s ADR File. The 280 University's representative shall 248 notify the Grievant and/or the Grievant’s 281 representative of the time and place of the ADR 249 Meeting no later than forty-eight 282 hours prior to it being convened. 250 283 (k) No person concerned with, or involved in, the assignment dispute shall 284 attempt to 251 lobby the decision of the Mediator. 285 (l) The ADR Meeting shall be conducted as follows:
(1) The Mediator shall conduct and have total authority at the ADR Meeting. 287 The Mediator may conduct the ADR Meeting in whatever fashion, consistent with 288 this Agreement, which will aid in arriving at a just decision. 289 (2) The Grievant’s representative shall be the sole representative for the 290 Grievant, and the University’s representative shall be the sole representative of 291 the University. Each representative may have one individual present to assist in 292 the presentation of the Grievant’s case. 293 (3) Each representative may present documentary evidence from the 294 employee's ADR File, question witnesses, offer arguments and cross-examine 295 witnesses. 296 (4) The Mediator shall submit to all parties, on Part 4 of the ADR Form within 297 forty-eight hours after the close of the ADR Meeting, a written, binding decision 298 as to whether the assignment was imposed arbitrarily or unreasonably. The 299 decision shall include the reasons for the Mediator’s determination. 300 (5) If the Mediator decides that the Xxxxxxxx’s assignment was imposed 301 arbitrarily or unreasonably, the Mediator may also suggest an appropriate 302 remedy. This suggestion is not binding on the University but shall be used by the 303 University's representative in fashioning an appropriate remedy.
Appears in 1 contract
Samples: Assignment of Responsibilities
Assignment Dispute Resolution Procedures. 204 (a) A Grievant DisputantGrievant who believes that their instructional assignment has 205 been imposed 190 arbitrarily or unreasonably shall, within thirty fourteenthirty days after 206 receipt of the assignment, file Part 1 191 of the ADR Form to the University’s 207 representative responsible for handling grievancessuch filingsgrievances. The 192 University’s 208 representative shall notify the individual responsible for making the instructional 193 assignment 209 assignment, or that individual’s representative representative, within three days of the filing of 210 the ADR 194 GrievanceForm in Appendix FGrievance. The filing of Part 1 of the ADR Form shall 211 be accompanied by a brief and 195 concise statement of the GrievantGrievantDisputant’s 212 arguments, and any relevant documentation supporting 196 their position. This 213 documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute 214 Resolution File," which shall be kept separate from the GrievantGrievantDisputant’s 215 evaluation file. 198 Additional documentation shall not be considered in the ADR process 216 process, except by agreement 199 of the University's representative representative, unless it is 217 specifically named documentation that the 200 Grievant DisputantGrievant or the Grievant218 GrievantDisputant’s representative requested from the university prior to the 201 219 conference held pursuant to (b) below, but did not receive before such 220 conference. 202 221 (b) Within four days of receipt of Part 1 of the ADR FormForm in Appendix F, the 222 individual responsible for 203 making the instructional assignment in question or their 223 representative shall schedule and 204 hold a meeting to discuss the dispute. Twenty-Twenty- 224 four hours after this conference, the 205 individual responsible for making the 225 instructional assignment assignment, or their representative representative, shall 206 complete Part 1 of the ADR 226 Form and deliver it to the Grievant DisputantGrievant and/or XxxxxxxxGrievantDisputant’s 207 227 representative, the Xxxx or the Xxxx’x representative and the University’s 228 representative. 208 229 (c) If the Grievant DisputantGrievant continues to be aggrieved following the initial 230 conference, he or she 209 shall file the ADR Form, Appendix F, with Part 2 completed, 231 with the Xxxx or the Xxxx’x representative 210 no later than four days after receipt of 232 the ADR Part 1 decision. 211 (d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative to be held no later than four days after filing Part 2 of 213 the ADR Form. At this meeting, the Grievant, the Grievant’s representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 four hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s representative. 219 (e) If consultation with the Xxxx or the Xxxx’x representative does not resolve the 220 matter, the Grievant and/or the Grievant’s representative may file, within four days of receipt 221 of the Part 2 decision and with the approval of the UFF, Part 3 of the ADR Form (with 222 supporting documentation) with the University's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 (f) Within seven days of receipt of Part 3 of the ADR Form and other documentation, 225 the University's representative shall place a written statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s ADR file. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s ADR File shall be presented to the Grievant and the Grievant’s representative, 229 who shall provide the University’s representative with a list of the Grievant’s expected 230 witnesses, which will be placed in the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 (g) Within seven days of receipt of all materials in (e) and (f) above, the University’s 234 representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative for the purpose of selecting a Mediator and alternate(s) from a Mediator 236 Panel chosen jointly by the University and the UFF. Selection of a Mediator from the panel 237 shall be by mutual agreement. 238 (h) The University's representative shall contact the selected Mediator no later than 239 three days following the selection. Should the Mediator selected be unable to serve, the 240 University's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s representative 243 within three days and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator to participate, the University's representative 245 shall provide the Mediator with the Grievant’s ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator has received the Grievant’s ADR File. The University's representative shall 248 notify the Grievant and/or the Grievant’s representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to it being convened. 250 (k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the Mediator.
Appears in 1 contract
Assignment Dispute Resolution Procedures. 187 (a) A Grievant Xxxxxxxx who believes that their his or hertheir instructional assignment has been 188 imposed 190 arbitrarily or unreasonably shall, within thirty days after receipt of the assignment, 189 file Part 1 191 of the ADR Form to the University’s representative responsible for handling 190 grievances. The 192 University’s representative shall notify the individual responsible for making 191 the instructional 193 assignment or that individual’s representative within three days four [CP15]days of 192 the filing of the ADR 194 Grievance. The filing of Part 1 of the ADR Form shall be accompanied 193 by a brief and 195 concise statement of the GrievantXxxxxxxx’s arguments, and any relevant 194 documentation supporting 196 their his or hertheir position. This documentation shall be placed in a 195 file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate 196 from the Grievant’s evaluation file. 198 Additional documentation shall not be considered in the 197 ADR process except by agreement 199 of the University's representative unless it is specifically 198 named documentation that the 200 Grievant or the Grievant’s representative requested from the 199 university prior to the 201 conference held pursuant to (b) below, but did not receive before such 200 conference. 202 201 (b) Within four days seven [CP16]days of receipt of Part 1 of the ADR Form, the individual 202 responsible for 203 making the instructional assignment in question or their his/hertheir 203 representative shall schedule and 204 hold a meeting to discuss the dispute. Twenty-four fourWithin forty-eight[CP17] 204 hours after this conference, the 205 individual responsible for making the 205 instructional assignment or their his or hertheir representative shall 206 complete Part 1 of the ADR 206 Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x 207 representative and the University’s representative. 208 (c) If the Grievant continues to be aggrieved following the initial conference, he or she 209 shall file the ADR Form, with Part 2 completed, with the Xxxx or the Xxxx’x representative 210 no later than four days after receipt of the ADR Part 1 decision. 211 (d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant four seven[CP18] 212 and/or the Grievant’s representative to be held no later than four days after filing 213 Part 2 of 213 the ADR Form. At this meeting, the Grievant, the Grievant’s representative, and 214 the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. 215 Within twenty- 215 four hours after the conclusion of this meeting, the Xxxx or the twenty-fourforty-eight[CP19] 216 Xxxx’x representative shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant 217 and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional 218 assignment or that 218 person’s representative and the University’s representative. 219 (e) If consultation with the Xxxx or the Xxxx’x representative does not resolve the 220 matter, the Grievant and/or the Grievant’s representative may file, within four days of receipt 221 of the Part 2 decision and with the approval of the UFF, Part 3 of the ADR Form (with 222 supporting documentation) with the University's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 (f) Within seven days of receipt of Part 3 of the ADR Form and other documentation, 225 the University's representative shall place a written statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s ADR file. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s ADR File shall be presented to the Grievant and the Grievant’s representative, 229 who shall provide the University’s representative with a list of the Grievant’s expected 230 witnesses, which will be placed in the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 (g) Within seven days of receipt of all materials in (e) and (f) above, the University’s 234 representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative for the purpose of selecting a Mediator and alternate(s) from a Mediator 236 Panel chosen jointly by the University and the UFF. Selection of a Mediator from the panel 237 shall be by mutual agreement. 238 (h) The University's representative shall contact the selected Mediator no later than 239 three days following the selection. Should the Mediator selected be unable to serve, the 240 University's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s representative 243 within three days and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator to participate, the University's representative 245 shall provide the Mediator with the Grievant’s ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator has received the Grievant’s ADR File. The University's representative shall 248 notify the Grievant and/or the Grievant’s representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to it being convened. 250 (k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the Mediator.fourteen[CP20] 224
Appears in 1 contract
Assignment Dispute Resolution Procedures. A Grievant (a) An employee who believes that their instructional the assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty (30) days after receipt of the assignment, file Part 1 191 of the ADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify with the individual responsible for making the instructional 193 assignment or that individual’s representative within three days of the filing of the ADR 194 Grievanceassignment. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s employee's arguments, and any relevant documentation supporting 196 their the employee's position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s employee's personnel evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the UniversityPresident's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative employee requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 .
(b) Within four (4) days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question or their representative shall schedule meet with the employee and 204 hold a meeting to discuss the dispute. TwentyWithin twenty-four (24) hours after this conference, the 205 such individual responsible for making the instructional assignment or their representative shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x representative and the University’s representative. 208 employee.
(c) If the Grievant employee continues to be aggrieved following the initial conference, he or she 209 the employee shall file the ADR Form, with Part 2 1 completed, with the Xxxx or the Xxxx’x representative 210 other appropriate administrator no later than four (4) days after receipt of the ADR Part 1 decision. 211 initial conference.
(d) The Xxxx or the Xxxx’x UFF representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative Xxxx or other appropriate administrator to be held no later than four (4) days after filing Part 2 of 213 the ADR FormForm with the Xxxx or other appropriate administrator. At this meeting, the Grievantemployee, the Grievant’s UFF representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four (24) hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative appropriate administrator shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 UFF representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s representative. 219 .
(e) If consultation with the Xxxx or the Xxxx’x representative appropriate administrator does not resolve the 220 matter, the Grievant and/or the Grievant’s UFF representative may file, within four (4) days of receipt 221 of the Part 2 decision and with the approval of the UFFthat meeting, Part 3 of the ADR Form (with 222 supporting documentation) with the UniversityPresident's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 Neutral Umpire.
(f) Within seven (7) days of receipt of Part 3 of the completed ADR Form and other documentation, 225 the UniversityPresident's representative shall may place a written explanation, brief statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s employee's ADR fileFile. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s employee's ADR File shall be presented to the Grievant and the Grievant’s UFF representative, 229 who shall provide the University’s representative with place a list of the Grievant’s employee's expected 230 witnesses, which will be placed in witnesses into the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 file.
(g) Within seven days of receipt of all materials in (e) and (f) aboveAt the time that the completed ADR Form is submitted to the President's representative, the University’s 234 UFF representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 President's representative for the purpose of selecting a Mediator and alternate(sNeutral Umpire from the Neutral Umpire Panel. This meeting shall be scheduled for no later than seven (7) from a Mediator 236 Panel chosen jointly by days after filing of the University and the UFFcompleted ADR Form. Selection of a Mediator from the panel 237 Neutral Umpire shall be by mutual agreementagreement or by alternatively striking names from the Neutral Umpire Panel list until one name remains. 238 The right of first choice to strike from the list shall be determined by the toss of a coin. The right to strike first shall alternate in any subsequent Neutral Umpire selection.
(h) The UniversityPresident's representative shall contact the selected Mediator Umpire no later than 239 three (3) days following the selection. Should the Mediator Umpire selected be unable to serve, the 240 UniversityPresident's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s UFF representative 243 within three days as soon as practicable and schedule another selection meeting. 244 .
(i) Upon the agreement of the Mediator Neutral Umpire to participate, the UniversityPresident's representative 245 shall provide the Mediator Umpire with the Grievant’s employee's ADR File. 246 .
(j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator Neutral Umpire has received the Grievant’s employee's ADR File. The UniversityPresident's representative shall 248 notify the Grievant and/or the Grievant’s UFF representative of the time and place of the ADR 249 Meeting no later than forty-eight (48) hours prior to it being convened. 250 .
(k) No person concerned with, with or involved in, in the assignment dispute shall attempt to 251 lobby or otherwise influence the decision of the MediatorUmpire.
(l) The ADR Meeting shall be conducted as follows:
(1) The employee, or a UFF representative, and a representative of the President shall be the sole representatives of the parties. Each representative may present documentary evidence from the employee's ADR File, interrogate witnesses, offer arguments, cross-examine witnesses, and have present at the meeting one individual to assist in the presentation of the representative's case.
(2) The Neutral Umpire will conduct and have total authority at the ADR Meeting. The Neutral Umpire may conduct the ADR Meeting in whatever fashion, consistent with this Agreement, that will aid in arriving at a just decision.
(3) The Umpire shall submit to all parties on Part 4 of the ADR Form within forty-eight (48) hours after the close of the ADR Meeting a written, binding decision as to whether the assignment was imposed arbitrarily or unreasonably. The decision shall include the reasons for the Umpire's determination.
(4) If the Umpire decides that the employee's assignment was imposed arbitrarily or unreasonably, the Umpire may also suggest an appropriate remedy. This suggestion is not binding on the university but shall be used by the President or President's designee in fashioning an appropriate remedy.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Assignment Dispute Resolution Procedures. (a) A Grievant Xxxxxxxx who believes that their instructional his or her assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty (30) days after receipt of the assignment, file Part 1 191 of the ADR Form to the Universitypresident’s representative responsible for handling grievances. The 192 Universitypresident’s representative shall notify the individual responsible for making the instructional 193 assignment or that individual’s representative within three (3) days of the filing of the ADR 194 Grievance. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s arguments, and any relevant documentation supporting 196 their his or her position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the Universitypresident's representative unless it is specifically named documentation that the 200 Grievant or the GrievantXxxxxxxx’s representative requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 .
(b) Within four (4) days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question or their his/her representative shall schedule and 204 hold a meeting to discuss the dispute. Twenty-four (24) hours after this conference, the 205 individual responsible for making the instructional assignment or their his or her representative shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x representative and the Universitypresident’s representative. 208 .
(c) If the Grievant continues to be aggrieved following the initial conference, he or she 209 shall file the ADR Form, with Part 2 completed, with the Xxxx or the Xxxx’x representative 210 no later than four (4) days after receipt of the ADR Part 1 decision. 211 .
(d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative to be held no later than four (4) days after filing Part 2 of 213 the ADR Form. At this meeting, the Grievant, the Grievant’s representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four (24) hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the Universitypresident’s representative. 219 .
(e) If consultation with the Xxxx or the Xxxx’x representative does not resolve the 220 matter, the Grievant and/or the Grievant’s representative may file, within four (4) days of receipt 221 of the Part 2 decision and with the approval of the UFF, Part 3 of the ADR Form (with 222 supporting documentation) with the Universitypresident's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 .
(f) Within seven (7) days of receipt of Part 3 of the ADR Form and other documentation, 225 the Universitypresident's representative shall place a written statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 XxxxxxxxGrievant’s ADR file. As soon as practicable thereafter, a copy of all documents placed in the 228 XxxxxxxxGrievant’s ADR File shall be presented to the Grievant and the Grievant’s representative, 229 who shall provide the Universitypresident’s representative with a list of the Grievant’s expected 230 witnesses, which will be placed in the Grievant’s ADR File. Any change in either the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four (24) hours of that change. 233 .
(g) Within seven (7) days of receipt of all materials in (e) and (f) above, the Universitypresident’s 234 representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 representative for the purpose of selecting a Mediator and alternate(s) from the Mediator Panel in a manner consistent with “4. Mediator 236 Panel chosen jointly by the University and the UFFPanel” (below). Selection of a the Mediator from the panel 237 shall be by mutual agreementagreement or by alternatively striking names from the Mediator Panel list until one name remains. 238 The last name remaining on the panel list shall be the Mediator of choice and the last name actually struck from the list shall serve as the alternate if the chosen Mediator cannot serve. The right of first choice to strike from the list shall be determined by the toss of a coin by a third party.
(h) The Universitypresident's representative shall contact the selected Mediator no later than 239 three (3) days following the selection. Should the Mediator selected be unable to serve, the 240 Universitypresident's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an the alternate Mediator within three (3) days. If neither Mediator can serve, the 242 Universitypresident’s representative shall contact the Grievant and/or the Grievant’s representative 243 within three (3) days and schedule another selection meeting. 244 .
(i) Upon the agreement of the Mediator to participate, the Universitypresident's representative 245 shall provide the Mediator with the Grievant’s ADR File. 246 .
(j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator has received the Grievant’s ADR File. The Universitypresident's representative shall 248 notify the Grievant and/or the Grievant’s representative of the time and place of the ADR 249 Meeting no later than forty-eight (48) hours prior to it being convened. 250 .
(k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the Mediator.
(l) The ADR Meeting shall be conducted as follows:
(1) The Mediator shall conduct and have total authority at the ADR Meeting. The Mediator may conduct the ADR Meeting in whatever fashion, consistent with this Agreement, which will aid in arriving at a just decision.
(2) The Grievant’s representative shall be the sole representative for the Grievant, and the president’s representative shall be the sole representative of the University. Each representative may have one individual present to assist in the presentation of the Grievant’s case.
(3) Each representative may present documentary evidence from the employee's ADR File, question witnesses, offer arguments and cross-examine witnesses.
(4) The Mediator shall submit to all parties, on Part 4 of the ADR Form within forty-eight (48) hours after the close of the ADR Meeting, a written, binding decision as to whether the assignment was imposed arbitrarily or unreasonably. The decision shall include the reasons for the Mediator’s determination.
(5) If the Mediator decides that the Xxxxxxxx’s assignment was imposed arbitrarily or unreasonably, the Mediator may also suggest an appropriate remedy. This suggestion is not binding on the University but shall be used by the president's representative in fashioning an appropriate remedy.
Appears in 1 contract
Assignment Dispute Resolution Procedures. (a) A Grievant DisputantGrievant who believes that their instructional assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty fourteenthirty days after receipt of the assignment, file Part 1 191 of the ADR Form to the University’s representative responsible for handling grievancessuch filingsgrievances. The 192 University’s representative shall notify the individual responsible for making the instructional 193 assignment assignment, or that individual’s representative representative, within three days of the filing of the ADR 194 GrievanceForm in Appendix FGrievance. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the GrievantGrievantDisputant’s arguments, and any relevant documentation supporting 196 their position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the GrievantGrievantDisputant’s evaluation file. 198 Additional documentation shall not be considered in the ADR process process, except by agreement 199 of the University's representative representative, unless it is specifically named documentation that the 200 Grievant DisputantGrievant or the GrievantGrievantDisputant’s representative requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 .
(b) Within four days of receipt of Part 1 of the ADR FormForm in Appendix F, the individual responsible for 203 making the instructional assignment in question or their representative shall schedule and 204 hold a meeting to discuss the dispute. Twenty-four hours after this conference, the 205 individual responsible for making the instructional assignment assignment, or their representative representative, shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant DisputantGrievant and/or XxxxxxxxGrievantDisputant’s 207 representative, the Xxxx or the Xxxx’x representative and the University’s representative. 208 .
(c) If the Grievant DisputantGrievant continues to be aggrieved following the initial conference, he or she 209 shall file the ADR Form, Appendix F, with Part 2 completed, with the Xxxx or the Xxxx’x representative 210 no later than four days after receipt of the ADR Part 1 decision. 211 .
(d) The Xxxx or the Xxxx’x representative shall schedule a meeting with the Grievant 212 DisputantGrievant and/or the GrievantGrievantDisputant’s representative to be held no later than four days after filing Part 2 of 213 the ADR Form. At this meeting, the GrievantDisputantGrievant, the GrievantGrievantDisputant’s representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant DisputantGrievant and/or XxxxxxxxXxxxxxxxXxxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative representative, and the University’s representative. 219 .
(e) If consultation with the Xxxx or the Xxxx’x representative does not resolve the 220 matter, the Grievant DisputantGrievant and/or the GrievantGrievantDisputant’s representative may file, within four days of receipt 221 of the Part 2 decision and with the approval of the UFF, Part 3 of the ADR Form (with 222 supporting documentation) with the University's representative, indicating an intention to 223 submit the dispute to a Mediator certified in Florida. 224 .
(f) Within seven days of receipt of Part 3 of the ADR Form and other documentation, 225 the University's representative shall place a written statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 XxxxxxxxGrievant’s Disputant’s ADR file. As soon as practicable thereafter, a copy of all documents placed in the 228 XxxxxxxxDisputantGrievant’s ADR File shall be presented to the Grievant DisputantGrievant and the GrievantDisputantGrievant’s representative, 229 who shall provide the University’s representative with a list of the GrievantDisputantGrievant’s expected 230 witnesses, which will be placed in the GrievantDisputantGrievant’s ADR File. Any change in either the 231 University’s or the GrievantDisputantGrievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 .
(g) Within seven days of receipt of all materials in (e) and (f) above, the University’s 234 representative shall schedule a meeting with the Grievant DisputantGrievant and/or the GrievantDisputantGrievant’s 235 representative for the purpose of discussing the disputegrievance selecting a Mediator and alternate(s) from a Mediator 236 Panel chosen jointly by the University and the UFF. Selection of a Mediator from the panel 237 shall be by mutual agreement. 238 (h) The University's representative shall contact the selected Mediator no later than 239 three days following the selection. Should the Mediator selected be unable to serve, the 240 University's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s representative 243 within three days and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator to participate, the University's representative 245 shall provide the Mediator with the Grievant’s ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator has received the Grievant’s ADR File. The University's representative shall 248 notify the Grievant and/or the Grievant’s representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to it being convened. 250 (k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the Mediator.
Appears in 1 contract
Samples: Assignment of Responsibilities
Assignment Dispute Resolution Procedures. A Grievant An employee who believes that their instructional the assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty (30) days after receipt of the assignment, file Part 1 191 of the ADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify with the individual responsible for making the instructional 193 assignment or that individual’s representative within three days of the filing of the ADR 194 Grievanceassignment. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s employee's arguments, and any relevant documentation supporting 196 their the employee's position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s employee's personnel evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the UniversityPresident's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative employee requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 (b) Within four (4) days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question or their representative shall schedule meet with the employee and 204 hold a meeting to discuss the dispute. Twenty-Within twenty- four (24) hours after this conference, the 205 such individual responsible for making the instructional assignment or their representative shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x representative and the University’s representativeemployee. 208 (c) If the Grievant employee continues to be aggrieved following the initial conference, he or she 209 the employee shall file the ADR Form, with Part 2 1 completed, with the Xxxx or the Xxxx’x representative 210 other appropriate administrator no later than four (4) days after receipt of the ADR Part 1 decision. 211 (d) initial conference. The Xxxx or the Xxxx’x UFF representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative Xxxx or other appropriate administrator to be held no later than four (4) days after filing Part 2 of 213 the ADR FormForm with the Xxxx or other appropriate administrator. At this meeting, the Grievantemployee, the Grievant’s UFF representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four (24) hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative appropriate administrator shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s UFF representative. 219 (e) If consultation with the Xxxx or the Xxxx’x representative appropriate administrator does not resolve the 220 matter, the Grievant and/or the Grievant’s UFF representative may file, within four (4) days of receipt 221 of the Part 2 decision and with the approval of the UFFthat meeting, Part 3 of the ADR Form (with 222 supporting documentation) with the UniversityPresident's representative, indicating an intention to 223 submit the dispute to a Mediator certified in FloridaNeutral Umpire. 224 (f) Within seven (7) days of receipt of Part 3 of the completed ADR Form and other documentation, 225 the UniversityPresident's representative shall may place a written explanation, brief statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s employee's ADR fileFile. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s employee's ADR File shall be presented to the Grievant and the Grievant’s UFF representative, 229 who shall provide the University’s representative with place a list of the Grievant’s employee's expected 230 witnesses, which will be placed in witnesses into the Grievant’s file. At the time that the completed ADR File. Any change in either Form is submitted to the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 (g) Within seven days of receipt of all materials in (e) and (f) abovePresident's representative, the University’s 234 UFF representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 President's representative for the purpose of selecting a Mediator and alternate(sNeutral Umpire from the Neutral Umpire Panel. This meeting shall be scheduled for no later than seven (7) from a Mediator 236 Panel chosen jointly by days after filing of the University and the UFFcompleted ADR Form. Selection of a Mediator from the panel 237 Neutral Umpire shall be by mutual agreementagreement or by alternatively striking names from the Neutral Umpire Panel list until one name remains. 238 (h) The Universityright of first choice to strike from the list shall be determined by the toss of a coin. The right to strike first shall alternate in any subsequent Neutral Umpire selection. The President's representative shall contact the selected Mediator Umpire no later than 239 three (3) days following the selection. Should the Mediator Umpire selected be unable to serve, the 240 UniversityPresident's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s UFF representative 243 within three days as soon as practicable and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator Neutral Umpire to participate, the UniversityPresident's representative 245 shall provide the Mediator Umpire with the Grievant’s employee's ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator Neutral Umpire has received the Grievant’s employee's ADR File. The UniversityPresident's representative shall 248 notify the Grievant and/or the Grievant’s UFF representative of the time and place of the ADR 249 Meeting no later than forty-eight hours prior to it being convened. 250 (k) No person concerned with, or involved in, the assignment dispute shall attempt to 251 lobby the decision of the Mediator.eight
Appears in 1 contract
Samples: Collective Bargaining Agreement
Assignment Dispute Resolution Procedures. A Grievant An employee who believes that their instructional the assignment has been imposed 190 arbitrarily or unreasonably shall, within thirty (30) days after receipt of the assignment, file Part 1 191 of the ADR Form to the University’s representative responsible for handling grievances. The 192 University’s representative shall notify with the individual responsible for making the instructional 193 assignment or that individual’s representative within three days of the filing of the ADR 194 Grievanceassignment. The filing of Part 1 of the ADR Form shall be accompanied by a brief and 195 concise statement of the Grievant’s employee's arguments, and any relevant documentation supporting 196 their the employee's position. This documentation shall be placed in a file entitled "Employee's Assignment 197 Dispute Resolution File," which shall be kept separate from the Grievant’s employee's personnel evaluation file. 198 Additional documentation shall not be considered in the ADR process except by agreement 199 of the UniversityPresident's representative unless it is specifically named documentation that the 200 Grievant or the Grievant’s representative employee requested from the university prior to the 201 conference held pursuant to (b) below, but did not receive before such conference. 202 (b) Within four (4) days of receipt of Part 1 of the ADR Form, the individual responsible for 203 making the instructional assignment in question or their representative shall schedule meet with the employee and 204 hold a meeting to discuss the dispute. TwentyWithin twenty-four (24) hours after this conference, the 205 such individual responsible for making the instructional assignment or their representative shall 206 complete Part 1 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 207 representative, the Xxxx or the Xxxx’x representative and the University’s representativeemployee. 208 (c) If the Grievant employee continues to be aggrieved following the initial conference, he or she 209 the employee shall file the ADR Form, with Part 2 1 completed, with the Xxxx or the Xxxx’x representative 210 other appropriate administrator no later than four (4) days after receipt of the ADR Part 1 decisioninitial conference. 211 (d) The Xxxx or the Xxxx’x UFF representative shall schedule a meeting with the Grievant 212 and/or the Grievant’s representative Xxxx or other appropriate administrator to be held no later than four (4) days after filing Part 2 of 213 the ADR FormForm with the Xxxx or other appropriate administrator. At this meeting, the Grievantemployee, the Grievant’s UFF representative, and the Xxxx or 214 appropriate administrator shall discuss the dispute and attempt to resolve it. Within twenty- 215 twenty-four (24) hours after the conclusion of this meeting, the Xxxx or the Xxxx’x representative appropriate administrator shall 216 complete Part 2 of the ADR Form and deliver it to the Grievant and/or Xxxxxxxx’s 217 representative, the individual responsible for making the instructional assignment or that 218 person’s representative and the University’s UFF representative. 219 (e) If consultation with the Xxxx or the Xxxx’x representative appropriate administrator does not resolve the 220 matter, the Grievant and/or the Grievant’s UFF representative may file, within four (4) days of receipt 221 of the Part 2 decision and with the approval of the UFFthat meeting, Part 3 of the ADR Form (with 222 supporting documentation) with the UniversityPresident's representative, indicating an intention to 223 submit the dispute to a Mediator certified in FloridaNeutral Umpire. 224 (f) Within seven (7) days of receipt of Part 3 of the completed ADR Form and other documentation, 225 the UniversityPresident's representative shall may place a written explanation, brief statement of the University's position, a 226 list of the University’s expected witnesses, and other relevant documentation in the 227 Xxxxxxxx’s employee's ADR fileFile. As soon as practicable thereafter, a copy of all documents placed in the 228 Xxxxxxxx’s employee's ADR File shall be presented to the Grievant and the Grievant’s UFF representative, 229 who shall provide the University’s representative with place a list of the Grievant’s employee's expected 230 witnesses, which will be placed in witnesses into the Grievant’s file. At the time that the completed ADR File. Any change in either Form is submitted to the 231 University’s or the Grievant’s witness list shall be shared with everyone involved in the ADR 232 within twenty-four hours of that change. 233 (g) Within seven days of receipt of all materials in (e) and (f) abovePresident's representative, the University’s 234 UFF representative shall schedule a meeting with the Grievant and/or the Grievant’s 235 President's representative for the purpose of selecting a Mediator and alternate(sNeutral Umpire from the Neutral Umpire Panel. This meeting shall be scheduled for no later than seven (7) from a Mediator 236 Panel chosen jointly by days after filing of the University and the UFFcompleted ADR Form. Selection of a Mediator from the panel 237 Neutral Umpire shall be by mutual agreementagreement or by alternatively striking names from the Neutral Umpire Panel list until one name remains. 238 (h) The Universityright of first choice to strike from the list shall be determined by the toss of a coin. The right to strike first shall alternate in any subsequent Neutral Umpire selection. The President's representative shall contact the selected Mediator Umpire no later than 239 three (3) days following the selection. Should the Mediator Umpire selected be unable to serve, the 240 UniversityPresident's representative shall notify the Grievant and/or Xxxxxxxx’s representative and 241 contact an alternate Mediator within three days. If neither Mediator can serve, the 242 University’s representative shall contact the Grievant and/or the Grievant’s UFF representative 243 within three days as soon as practicable and schedule another selection meeting. 244 (i) Upon the agreement of the Mediator Neutral Umpire to participate, the UniversityPresident's representative 245 shall provide the Mediator Umpire with the Grievant’s employee's ADR File. 246 (j) The ADR Meeting with the Mediator shall be scheduled as soon as practicable after 247 the Mediator Neutral Umpire has received the Grievant’s employee's ADR File. The UniversityPresident's representative shall 248 notify the Grievant and/or the Grievant’s UFF representative of the time and place of the ADR 249 Meeting no later than forty-eight (48) hours prior to it being convened. 250 (k) No person concerned with, with or involved in, in the assignment dispute shall attempt to 251 lobby or otherwise influence the decision of the MediatorUmpire. The ADR Meeting shall be conducted as follows:
(1). The employee, or a UFF representative, and a representative of the President shall be the sole representatives of the parties. Each representative may present documentary evidence from the employee's ADR File, interrogate witnesses, offer arguments, cross-examine witnesses, and have present at the meeting one individual to assist in the presentation of the representative's case.
(2). The Neutral Umpire will conduct and have total authority at the ADR Meeting. The Neutral Umpire may conduct the ADR Meeting in whatever fashion, consistent with this Agreement that will aid in arriving at a just decision.
(3). The Umpire shall submit to all parties on Part 4 of the ADR Form within forty-eight (48) hours after the close of the ADR Meeting a written, binding decision as to whether the assignment was imposed arbitrarily or unreasonably. The decision shall include the reasons for the Umpire's determination.
(4). If the Umpire decides that the employee's assignment was imposed arbitrarily or unreasonably, the Umpire may also suggest an appropriate remedy. This suggestion is not binding on the university but shall be used by the President or President's designee in fashioning an appropriate remedy.
Appears in 1 contract
Samples: Collective Bargaining Agreement
