Common use of Basic Principles Clause in Contracts

Basic Principles. 1. It is the intent of these procedures to provide for the orderly settlement of differences in a fair and equitable manner. The resolution of a grievance at the earliest possible stage is encouraged. 2. A bargaining unit member or TTA shall have the right to present grievances in accordance with these procedures, free from coercion, interference, restraint, discrimination, or reprisal. 3. A bargaining unit member or TTA shall have the right to be represented at any stage of the procedures by a person or persons of his/her own choice. 4. Each party to a grievance shall have access, within two (2) school days of any action taken during the formal stage, to any written documents pertaining to such case. 5. All hearings shall be confidential. 6. It shall be the responsibility of the Superintendent of Schools to take such steps as may be necessary to give force and effect to these procedures. Each administrator and/or immediate supervisor shall have the responsibility to consider promptly each grievance presented to him and make a determination within the authority delegated to him within the time specified in these procedures. 7. The function of these procedures is to assure equitable and proper treatment under the existing laws, rules, regulations, and policies which relate to or affect the employee in the performance of his/her assignment. They are not designed to be used for changing rules or establishing new ones. 8. Failure at any stage of the Grievance Procedure to communicate a decision to the aggrieved party or his/her representative within the specified time limit shall permit the lodging of an appeal at the next stage of the procedure. 9. In the event a grievance is filed after May 15, upon request or authorization of the aggrieved party, the time limits set forth may be reduced pro-rata, so that the grievance may be concluded prior to the end of school. 10. A grievance must be filed in writing within thirty (30) school days of the event or the basis of the grievance or it shall be deemed to be waived and not subject to the grievance procedure.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Basic Principles. 1. It is the intent of these procedures to provide for the orderly settlement of differences in a fair and equitable manner. The resolution of a grievance at the earliest possible stage is encouraged. 2. A bargaining unit member or TTA teacher shall have the right to present grievances in accordance with these procedures, procedures free from coercion, interference, restraint, discrimination, or reprisal. 3. A bargaining unit member or TTA teacher shall have the right to be represented at any stage of the procedures by a person or persons of his/her own choice. If the grievant chooses not to be represented by the Association, the Association has the right to be present at all stages of the procedure unless the grievant indicates, in writing, that he/she does not want the Association present. While any settlement arrived at without the Association's participation shall be binding upon the grievant and the District and shall in all respects be final, said adjustment shall not create a precedent or ruling binding upon either of the parties to the agreement in future proceedings. 4. Each party to a the grievance shall have access, within two (2) school days of any action taken during the formal stage, access at reasonable times to any all written documents statements and records pertaining to such case. 5. All hearings shall be confidential. 6. It shall be the responsibility duty of the Superintendent chief administrator of Schools the District to take such steps as may be necessary to give force and effect effort to these procedures. Each administrator and/or immediate or supervisor shall have the responsibility to consider promptly each grievance presented to him him/her and make a determination within the authority delegated to him him/her within the time specified in these procedures. 7. The function of these procedures is to assure assume equitable and proper treatment under the existing laws, rules, regulations, and policies which relate to or affect the employee teacher in the performance of his/her assignment. They are not designed to be used for changing such rules or establishing new ones. 8. Failure Any reason for a grievance not set forth in writing at the step set forth in ARTICLE XV, (C), (2), (a) or any reason for determination not set forth in writing at the step set forth in ARTICLE XV, (C), (2), (d) shall be deemed waived and shall not be presented at any stage of the Grievance Procedure to communicate a decision to the aggrieved party or his/her representative within the specified time limit shall permit the lodging of an appeal at the next stage of the procedurelater stage. 9. In Meetings called for in the event a grievance is filed after May 15, upon request or authorization of the aggrieved party, the time procedure shall be set at mutually convenient times. Time limits set forth may be reduced pro-rata, so that the grievance may be concluded prior to the end of schoolextended by mutual consent in writing. 10. A grievance must be filed in writing within thirty (30) school days of the event or the basis of the grievance or it shall be deemed to be waived and not subject to the grievance procedure.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Basic Principles. 1. It is the intent of these procedures to provide for the orderly settlement of differences in a fair and equitable manner. The resolution of a grievance at the earliest possible stage is encouraged. The number of days indicated at each level shall be a maximum. Effort will be made to expedite the process. 2. A bargaining unit member or TTA An employee shall have the right to present grievances in accordance with these procedures, free from coercion, interference, restraint, discrimination, discrimination or reprisal. 3. A bargaining unit member or TTA An employee shall have the right to be represented at any stage of the procedures by a person or persons of his/her own choice. 4. Each party to a grievance shall have access, within two (2) school days of any action taken during the formal stage, access at reasonable times to any all written documents statements and records pertaining to such case. 5. All hearings shall be confidential. 6. It shall be the responsibility of the Superintendent Chief Administrator of Schools the District to take such steps as may be necessary to give for force and effect to these procedures. Each administrator and/or immediate supervisor shall have the responsibility to consider promptly each grievance presented to him him/her and make a determination within the authority delegated to him him/her within the time specified in these procedures. 7. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants. 8. The function of these procedures is to assure equitable and proper treatment under the existing laws, rules, and regulations, and policies which relate to or affect the employee in the performance of his/her assignment. They are not designed to be used for changing such rules or establishing new ones. 8. Failure at any stage of the Grievance Procedure to communicate a decision to the aggrieved party or his/her representative within the specified time limit shall permit the lodging of an appeal at the next stage of the procedure. 9. In the event a grievance is filed on or after May 15June 1, upon request by or authorization on behalf of the aggrieved party, the time limits set forth may herein will be reduced pro-rata, to limits mutually satisfactory so that the grievance procedure may be concluded exhausted prior to the end of schoolthe school term or as soon thereafter as possible. 10. A In the event that a grievance must deals with matters which extend beyond the authority of a building principal, the grievance shall be filed in writing submitted to the Superintendent. 11. No grievance will be entertained as described below unless such grievance is forwarded at the first available stage within thirty (30) 45 school days after the teacher knew, or should have known of the event act, or the basis of condition on which the grievance or it shall be deemed to be waived and not subject to the grievance procedureis based.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Basic Principles. 1. It is the intent of these procedures to provide for the orderly settlement of differences in a fair and equitable manner. The resolution of a grievance at the earliest possible stage is encouraged. 2. A bargaining unit member or TTA An employee shall have the right to present grievances in accordance with these procedures, free from coercion, interference, restraint, discrimination, discrimination or reprisal. 3. A bargaining unit member or TTA An employee shall have the right to be represented at any stage of the procedures by a person or persons representative of his/her own choice. 4. Each party to a grievance shall have access, within two (2) school days of any action taken during the formal stage, access at reasonable times to any all written documents state- ments and records pertaining to such case. 5. All No hearings shall be confidential. 6open to the public. It shall be the responsibility of the Superintendent Chief Administrator of Schools the District to take such steps as may be necessary to give force and effect to these procedures. Each administrator and/or immediate supervisor super- visor shall have the responsibility to consider promptly each grievance presented to him him/her and make a determination within the authority delegated to him him/her within the time specified in these procedures. 7. The function All grievances must be presented in written form except at the informal stage. All grievances shall include the name and position of the aggrieved party, the provision of the agreement allegedly violated, the time when and place where the alleged events or conditions contributing to the grievance existed, the identity of the party responsible for causing the events or conditions, if known to the aggrieved party, and a general statement of the nature of the grievance and the redress sought by the aggrieved party. All persons who have filed a grievance under these procedures shall be entitled to be present with a representative of their own choosing, at any hearing held on the said grievance. Unless a grievance is to assure equitable filed at Stage I within the time limit specified, the grievance will be deemed time-barred and proper treatment under the existing laws, rules, regulations, and policies which relate to or affect the employee waived. Other time limits in the performance procedure may be extended only by mutual written agreement. If the grievant fails to appeal the disposition of his/her assignment. They are not designed the grievance to the next step of the grievance procedure within the time limit specified, the grievance shall be used for changing rules or establishing new ones. 8deemed to have been resolved on the basis of the last disposition and further appeal shall be barred. Failure by the District at any stage of the Grievance Procedure grievance procedure to communicate a decision to the aggrieved party or his/her representative grievant within the specified time limit limits shall permit the lodging of grievant to lodge an appeal at the next stage within the time which would have been permitted had the District’s decision been timely communicated on the last day of the procedure. 9appli- cable stage. In Receiving a rating of meeting standards, exceeding standards or its equivalent based upon the event a grievance rubric system which the parties will develop on an annual evalua- tion is filed after May 15, upon request or authorization of the aggrieved party, the time limits set forth may be reduced pro-rata, so that the grievance may be concluded prior to the end of school. 10. A grievance must be filed in writing within thirty (30) school days of the event or the basis of the grievance or it shall be deemed to be waived and not an issue subject to the grievance procedurefiling a grievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Basic Principles. 1. It is the intent of these procedures to provide for the orderly settlement of differences in a fair and equitable manner. The resolution of a grievance at the earliest possible stage is encouraged. 2. A bargaining unit member or TTA Teacher shall have the right to present grievances in accordance with these procedures, free from coercion, interferenceinterferences, restraint, discrimination, or reprisal. 3. A bargaining unit member or TTA Teacher shall have the right to be represented at any stage of the procedures by a person or persons of his/her the Teacher’s own choice; provided, however, that a Teacher may not be represented by any employee organization other than the Association or by the agent or representative of any other employee organization. Further, the Association shall have the right to file grievances pursuant to these procedures. 4. Each party to a grievance shall have access, within two (2) school days of any action taken during the formal stage, access at reasonable times to any all written documents statements and records pertaining to such case. 5. All hearings shall be confidentialconfidential to the extent permitted by law. 6. It shall be the responsibility of the Superintendent Chief Administrator of Schools the District to take such steps as may be necessary to give force and effect to these procedures. Each administrator and/or immediate supervisor Administrator shall have the responsibility to consider promptly each grievance presented to him the Administrator and make a determination within the authority delegated to him the Administrator within the time specified in these procedures. 7. The function of these procedures is to assure equitable and proper treatment under the existing laws, rules, regulations, and policies which relate to or affect the employee Teacher in the performance of his/her the Teacher’s assignment. They are not designed to be used for changing such rules or establishing new ones. 8. Failure at any All grievances must be presented within ninety (90) working days of the time the aggrieved knew or should have known of the event giving rise to the grievance to the first stage of the Grievance Procedure grievance procedure. The time to communicate a decision to the aggrieved party or his/her representative within the specified time limit shall permit the lodging of an appeal at the next stage of the procedure. 9. In the event file a grievance is filed after May 15, upon request or authorization of the aggrieved party, the time limits set forth may will be reduced pro-ratato sixty (60) days effective July 1, so that 2006. Days during the grievance may summer will not be concluded prior to counted toward the end of schoolsixty (60) day limit. 10. A grievance must be filed in writing within thirty (30) school days of the event or the basis of the grievance or it shall be deemed to be waived and not subject to the grievance procedure.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Basic Principles. 1. It is the intent of these procedures to provide for the orderly settlement of differences in a fair and equitable manner. The resolution of a grievance at the earliest possible stage is encouraged. 2. A bargaining unit member or TTA The teachers shall have the right to present grievances in accordance with these procedures, free from coercion, interference, restraint, discrimination, recrimination or reprisal. 3. A bargaining unit member or TTA teacher shall have the right to be represented at in any stage of the procedures by a person or persons of his/his or her own choice. 4. Each party to a grievance shall have access, within two (2) school days of any action taken during the formal stage, access at reasonable times to any all written documents statements and records pertaining to such casecases. 5. All hearings shall be confidential. 6. It shall be the responsibility of the Superintendent of Schools the District to take such steps as may be necessary to give force and effect to these procedures. Each administrator and/or immediate supervisor shall have the responsibility to consider promptly each grievance presented to him or her and make a determination within the authority delegated to him or her within the time terms specified in these procedures. 7. The function of these procedures is to assure equitable and proper treatment under the existing laws, rules, regulations, regulations and policies which relate to or affect the employee teacher in the performance of his/his or her assignment. They are not designed to be used for changing such rules or establishing new ones. 8. Failure at any stage of the Grievance Procedure to communicate a decision to the aggrieved party or his/her representative within the specified time limit shall permit the lodging of an appeal at the next stage of the procedure. 9. In the event a grievance is filed on or after May 15June 1st, upon request by or authorization on behalf of the aggrieved party, the time limits set forth may herein will be reduced pro-rata, to limits mutually satisfactory so that the grievance procedure may be concluded exhausted prior to the end of schoolthe school term or as soon thereafter as possible. 109. A grievance must The parties expressly agree that a unit member shall be filed in writing within thirty (30) school days of the event or the basis of precluded from utilizing the grievance or it procedure of this Collective Bargaining Agreement for any dispute relating to an individual's APPR score. Any dispute and/or disagreement related to an individual's APPR score shall be deemed to be waived and not subject expressly limited to the appeals procedure as outlined in the APPR MOA (Appendix B) Nothing in this section will be interpreted as preventing the Association from filing a grievance procedureon a mandatory topic of negotiation.

Appears in 1 contract

Samples: Negotiated Agreement

Basic Principles. 1. It is the intent of these procedures to provide for the orderly settlement of differences in a fair and equitable manner. The resolution of a grievance at the earliest possible stage is encouraged. 2. A bargaining unit member or TTA An employee shall have the right to present grievances in accordance with these procedures, free from coercion, interference, restraint, discrimination, discrimination or reprisal. 3. A bargaining unit member or TTA An employee shall have the right to be represented at any stage of the procedures by a person or persons representative of his/her his own choice. 4. Each party to a grievance shall have access, within two (2) school days of any action taken during the formal stage, to any written documents pertaining to such case. 5. All hearings shall be confidential. 65. It shall be the responsibility of the Superintendent chief administrator of Schools the district to take such steps as may be necessary to give force and effect to these procedures. Each administrator and/or The chief administrator, building principal and immediate supervisor shall have the responsibility to consider promptly each grievance such grievances presented to him him/her and make a determination within the authority delegated to him within the time specified in these procedures. 76. The function of these procedures is to assure equitable and proper treatment under the existing laws, rules, regulations, regulations and policies which relate to or affect the employee in the performance of his/her his assignment. They are not designed designated to be used for changing such rules or establishing new ones.. Procedures 8Stage 1 - The aggrieved administrator shall present in writing his grievance to his/her immediate superior; said superior shall render his determination to the administrator within five (5) days after the grievance has been presented to him. Failure If such grievance is not satisfactorily resolved at any stage this stage, the aggrieved administrator may proceed to Stage 2A unless the aggrieved is a building principal at which time he moves to Stage 2B. Stage 2A - In such case within five (5) days after a determination has been made at Stage 1, the aggrieved administrator shall make a written request to the Superintendent or his/her designee for review and determination. The chief administrator or his/her designee shall immediately notify the aggrieved administrator and his building principal to submit written statement to him/her within five (5) days setting forth the specific nature of the Grievance Procedure grievance, the facts relating thereto, and the determinations previously rendered. Stage 2B - The chief administrator or his/her designee shall render his/her determination within ten (10) days after the written statements have been presented to communicate him/her. If the grievance is not satisfactorily resolved at this stage, the aggrieved administrator may proceed to Stage 3. Stage 3 - A public employee grievance board made up of three (3) members appointed by the Board will serve as a decision grievance committee to hear the aggrieved party. This grievance board would consist of an administrator, Superintendent, and a member of the Board. If a member of such committee has a grievance himself, he would need to be replaced pro tern by the Board of Education. The chairman of the grievance board will be one of the three appointed members and will be selected by the President of the Board of Education. The aggrieved administrator may then within five (5) days after the determination by the chief school administrator make a written request to the chairman of the grievance committee for review of the case. Within five (5) days of receipt of such written request, the grievance board should receive from the chief school administrator all written statements concerning the case. The grievance committee shall notify all parties concerned of the time and place when a hearing will be held. Such a hearing shall be held within ten (10) days of receipt of the request by the aggrieved party party. Such parties concerned shall have the right to present further statements at such hearing. Within ten (10) days after the hearing the grievance committee should make its recommendations to the Board of Education with copies to the administrator or his/her representative within to the specified time limit shall permit building principal and to the lodging Superintendent. Thereafter, the Board of an appeal at Education will decide the next stage of the procedure. 9matter. In the event a grievance It is filed after May 15, upon request or authorization of further understood that the aggrieved party, administrator still reserves the time limits set forth may be reduced pro-rata, so that the grievance may be concluded prior right to make further appeals either to the end Commissioner of school. 10. A grievance must be filed in writing within thirty (30) school days of the event Education or the basis of the grievance or it shall be deemed to be waived and not subject to the grievance procedureCivil Courts.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Basic Principles. 1. It is the intent of these procedures to provide for the orderly settlement of differences in a fair and equitable manner. The resolution of a grievance at the earliest possible stage is encouraged. 2. A bargaining unit member or TTA An employee shall have the right to present grievances in accordance with these procedures, free from coercion, interference, restraint, discrimination, discrimination or reprisal. 3. A bargaining unit member or TTA An employee shall have the right to be represented at any stage of the procedures by a person or persons representative of his/her own choice. 4. Each party to a grievance shall have access, within two (2) school days of any action taken during the formal stage, access at reasonable times to any all written documents statements and records pertaining to such case. 5. All No hearings shall be confidential. 6open to the public. It shall be the responsibility of the Superintendent Chief Administrator of Schools the District to take such steps as may be necessary to give force and effect to these procedures. Each administrator and/or immediate supervisor shall have the responsibility to consider promptly each grievance presented to him him/her and make a determination within the authority delegated to him him/her within the time specified in these procedures. 7. The function All grievances must be presented in written form except at the informal stage. All grievances shall include the name and position of the aggrieved party, the provision of the agreement allegedly violated, the time when and place where the alleged events or conditions contributing to the grievance existed, the identity of the party responsible for causing the events or conditions, if known to the aggrieved party, and a general statement of the nature of the grievance and the redress sought by the aggrieved party. All persons who have filed a grievance under these procedures shall be entitled to be present with a representative of their own choosing, at any hearing held on the said grievance. Unless a grievance is to assure equitable filed at Stage I within the time limit specified, the grievance will be deemed time- barred and proper treatment under the existing laws, rules, regulations, and policies which relate to or affect the employee waived. Other time limits in the performance procedure may be extended only by mutual written agreement. If the grievant fails to appeal the disposition of his/her assignment. They are not designed the grievance to the next step of the grievance procedure within the time limit specified, the grievance shall be used for changing rules or establishing new ones. 8deemed to have been resolved on the basis of the last disposition and further appeal shall be barred. Failure by the District at any stage of the Grievance Procedure grievance procedure to communicate a decision to the aggrieved party or his/her representative grievant within the specified time limit limits shall permit the lodging of grievant to lodge an appeal at the next stage within the time which would have been permitted had the District’s decision been timely communicated on the last day of the procedure. 9applicable stage. In Receiving a rating of meeting standards, exceeding standards or its equivalent based upon the event a grievance rubric system which the parties will develop on an annual evaluation is filed after May 15, upon request or authorization of the aggrieved party, the time limits set forth may be reduced pro-rata, so that the grievance may be concluded prior to the end of school. 10. A grievance must be filed in writing within thirty (30) school days of the event or the basis of the grievance or it shall be deemed to be waived and not an issue subject to the grievance procedurefiling a grievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Basic Principles. 17.5.1 Except for informal decisions, which may arise at Step 1, all decisions shall be rendered in writing at each step of the grievance procedure, setting forth findings of fact, conclusions and supporting reasons therefore. It is Each decision shall be promptly transmitted to the intent of these procedures to provide for teacher and the orderly settlement of differences in a fair and equitable manner. The resolution of Association. 17.5.2 If a grievance affects a group of employees and appears to be associated with system-wide policies, it may be submitted by the Association directly to the Superintendent at the earliest possible stage is encouraged. Step 2. A bargaining unit member or TTA shall have grievance may be filed at the right to present grievances in accordance with these procedures, free from coercion, interference, restraint, discrimination, or reprisal. 3. A bargaining unit member or TTA shall have the right to be represented at any Superintendent's stage of the procedures by a person or persons of his/her own choice. 4. Each party to a grievance shall have access, within two (2) school days of any action taken during the formal stage, to any written documents pertaining to such case. 5. All hearings shall be confidential. 6. It shall be the responsibility of the Superintendent of Schools to take such steps as may be necessary to give force and effect to these procedures. Each administrator and/or immediate supervisor shall have the responsibility to consider promptly each grievance presented to him and make a determination within the authority delegated to him within the time specified in these procedures. 7. The function of these procedures procedure if no remedy is to assure equitable and proper treatment under the existing laws, rules, regulations, and policies which relate to or affect the employee in the performance of his/her assignment. They are not designed to be used for changing rules or establishing new ones. 8. Failure possible at any stage of the Grievance Procedure to communicate a decision to the aggrieved party or his/her representative within the specified time limit shall permit the lodging of an appeal at the next lower stage of the procedure. 917.5.3 The preparation and processing of grievances at all stages insofar as practicable shall be conducted during the hours of employment. All reasonable effort will be made to avoid interruption of classroom activity and to avoid involvement of students in any phase of the grievance procedure. 17.5.4 When any hearings or conferences are held, under this section, on school time, employees who are entitled to be present at the hearing or conference shall be excused with pay for that purpose, without loss of sick or personal days. 17.5.5 The Board of Education and the Association agree to facilitate any investigation which may be required to make available any and all material and relevant documents, communications and records concerning the alleged grievance. 17.5.6 The aggrieved party and any part in interest shall have the right at all stages of the grievance to confront and cross-examine all witnesses called against him and to testify and to call witnesses on his/her own behalf, and to be furnished with a copy of any minutes of the proceeding made at each and every stage of this grievance procedure. 17.5.7 No interference, coercion, restraint, discrimination or reprisal of any kind will be taken by the Board or any member of the administration against the aggrieved party, any party of interest, any representative, any member of the grievance committee or any other participant in the grievance procedure or any other person by reason of such grievance or participation therein. 17.5.8 All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel file of the participants. 17.5.9 Nothing contained herein will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with any appropriate member of the administration and having the grievance formally adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this agreement. In the event a that any grievance is filed after May 15adjusted without formal determination, pursuant to this procedure, while such adjustment shall be binding upon request or authorization the aggrieved party and shall, in all respects be final, said adjustment shall not create a precedent of ruling binding upon either of the aggrieved party, the time limits set forth may be reduced pro-rata, so that the grievance may be concluded prior to the end parties of schoolthis agreement in future proceedings. 10. A grievance must be filed in writing within thirty (30) school days of the event or the basis of the grievance or it shall be deemed to be waived and not subject to the grievance procedure.

Appears in 1 contract

Samples: Collective Negotiations Agreement

Basic Principles. 17.5.1 Except for informal decisions, which may arise at Step 1, all decisions shall be rendered in writing at each step of the grievance procedure, setting forth findings of fact, conclusions and supporting reasons therefore. It is Each decision shall be promptly transmitted to the intent of these procedures to provide for teacher and the orderly settlement of differences in a fair and equitable manner. The resolution of Association. 17.5.2 If a grievance affects a group of employees and appears to be associated with system-wide policies, it may be submitted by the Association directly to the Superintendent at the earliest possible stage is encouraged. Step 2. A bargaining unit member or TTA shall have grievance may be filed at the right to present grievances in accordance with these procedures, free from coercion, interference, restraint, discrimination, or reprisal. 3. A bargaining unit member or TTA shall have the right to be represented at any Superintendent's stage of the procedures by a person or persons of his/her own choice. 4. Each party to a grievance shall have access, within two (2) school days of any action taken during the formal stage, to any written documents pertaining to such case. 5. All hearings shall be confidential. 6. It shall be the responsibility of the Superintendent of Schools to take such steps as may be necessary to give force and effect to these procedures. Each administrator and/or immediate supervisor shall have the responsibility to consider promptly each grievance presented to him and make a determination within the authority delegated to him within the time specified in these procedures. 7. The function of these procedures procedure if no remedy is to assure equitable and proper treatment under the existing laws, rules, regulations, and policies which relate to or affect the employee in the performance of his/her assignment. They are not designed to be used for changing rules or establishing new ones. 8. Failure possible at any stage of the Grievance Procedure to communicate a decision to the aggrieved party or his/her representative within the specified time limit shall permit the lodging of an appeal at the next lower stage of the procedure. 917.5.3 The preparation and processing of grievances at all stages insofar as practicable shall be conducted during the hours of employment. All reasonable effort will be made to avoid interruption of classroom activity and to avoid involvement of students in any phase of the grievance procedure. 17.5.4 When any hearings or conferences are held, under this section, on school time, employees who are entitled to be present at the hearing or conference shall be excused with pay for that purpose, without loss of sick or personal days. 17.5.5 The Board of Education and the Association agree to facilitate any investigation which may be required to make available any and all material and relevant documents, communications and records concerning the alleged grievance. 17.5.6 The aggrieved party and any part in interest shall have the right at all stages of the grievance to confront and cross-examine all witnesses called against them and to testify and to call witnesses on their own behalf, and to be furnished with a copy of any minutes of the proceeding made at each and every stage of this grievance procedure. 17.5.7 No interference, coercion, restraint, discrimination or reprisal of any kind will be taken by the Board or any member of the administration against the aggrieved party, any party of interest, any representative, any member of the grievance committee or any other participant in the grievance procedure or any other person by reason of such grievance or participation therein. 17.5.8 All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel file of the participants. 17.5.9 Nothing contained herein will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with any appropriate member of the administration and having the grievance formally adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this agreement. In the event a that any grievance is filed after May 15adjusted without formal determination, pursuant to this procedure, while such adjustment shall be binding upon request or authorization the aggrieved party and shall, in all respects be final, said adjustment shall not create a precedent of ruling binding upon either of the aggrieved party, the time limits set forth may be reduced pro-rata, so that the grievance may be concluded prior to the end parties of schoolthis agreement in future proceedings. 10. A grievance must be filed in writing within thirty (30) school days of the event or the basis of the grievance or it shall be deemed to be waived and not subject to the grievance procedure.

Appears in 1 contract

Samples: Collective Negotiations Agreement

Basic Principles. 1. a. It is the intent of these procedures to provide for the orderly settlement of differences in a fair and equitable manner. The resolution settlement of a the grievance at the earliest possible stage is encouraged. 2. A bargaining unit member or TTA b. An employee shall have the right to present grievances in accordance with these procedures, free from coercion, interference, restraint, discrimination, discrimination or reprisal. 3. A bargaining unit member or TTA c. An employee shall have the right to be represented at any stage of the procedures by a person or persons of his/her his own choice. The aggrieved employee may be present at all stages of the grievance procedure. 4. d. Each party to a grievance shall have access, within two (2) school days of any action taken during the formal stage, access at reasonable times to any all written documents statements and records pertaining to such case. 5. e. All hearings shall be confidential. 6f. The number of days provided for the presentation and processing of grievances in each step of the grievance procedure establishes the maximum time limits and any grievance not presented within the time limits provided at each respective step of the grievance procedure shall be deemed withdrawn, provided however, the time limits set forth herein may be extended by mutual agreement between the Board of Education, or its representatives, and the aggrieved employee and/or the President of the Unit or his/her designee. g. Employees shall not leave their duty stations to discuss or process grievances unless they have requested and received permission to do so from the building principal or supervisor. Permission shall not be unreasonably denied. h. It shall be the responsibility of the Superintendent chief administrator of Schools the District to take such steps as may be necessary to give force and effect to these procedures. Each administrator and/or immediate supervisor shall have the responsibility to consider promptly each grievance presented to him and make a determination within the authority delegated to him within the time specified in these procedures. Failure of an administrator to respond within the appropriate time limits shall move the grievance to the next stage. 7. The function of these procedures is to assure equitable i. All grievances shall include the name and proper treatment under the existing laws, rules, regulations, and policies which relate to or affect the employee in the performance of his/her assignment. They are not designed to be used for changing rules or establishing new ones. 8. Failure at any stage of the Grievance Procedure to communicate a decision to the aggrieved party or his/her representative within the specified time limit shall permit the lodging of an appeal at the next stage of the procedure. 9. In the event a grievance is filed after May 15, upon request or authorization position of the aggrieved party, the identity of the provision of this Agreement involved in the said grievance, the time limits set forth may be reduced pro-rata, so that when and the place where the alleged events or conditions constituting the grievance may be concluded prior existed, the identity of the party responsible for causing the said events or conditions, if known to the end of school. 10. A grievance must be filed in writing within thirty (30) school days aggrieved party, and a general statement of the event or the basis nature of the grievance or it shall be deemed to be waived and not subject to the grievance procedureredress sought by the aggrieved party.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Basic Principles. 1. It is the intent of these procedures to provide for the orderly settlement of differences in a fair and equitable manner. The resolution of a grievance at the earliest possible stage is encouraged. 2. A bargaining unit member or TTA The teachers shall have the right to present grievances in accordance with these procedures, free from coercion, interference, restraint, discrimination, recrimination or reprisal. 3. A bargaining unit member or TTA teacher shall have the right to be represented at in any stage of the procedures by a person or persons of his/his or her own choice. 4. Each party to a grievance shall have access, within two (2) school days of any action taken during the formal stage, access at reasonable times to any all written documents statements and records pertaining to such casecases. 5. All hearings shall be confidential. 6. It shall be the responsibility of the Superintendent of Schools the District to take such steps as may be necessary to give force and effect to these procedures. Each administrator and/or immediate supervisor shall have the responsibility to consider promptly each grievance presented to him or her and make a determination within the authority delegated to him or her within the time terms specified in these procedures. 7. The function of these procedures is to assure equitable and proper treatment under the existing laws, rules, regulations, regulations and policies which relate to or affect the employee teacher in the performance of his/his or her assignment. They are not designed to be used for changing such rules or establishing new ones. 8. Failure at any stage of the Grievance Procedure to communicate a decision to the aggrieved party or his/her representative within the specified time limit shall permit the lodging of an appeal at the next stage of the procedure. 9. In the event a grievance is filed on or after May 15June 1st, upon request by or authorization on behalf of the aggrieved party, the time limits set forth may herein will be reduced pro-rata, to limits mutually satisfactory so that the grievance procedure may be concluded exhausted prior to the end of schoolthe school term or as soon thereafter as possible. 109. A grievance must The parties expressly agree that a unit member shall be filed in writing within thirty (30) school days of the event or the basis of precluded from utilizing the grievance or it procedure of this Collective Bargaining Agreement for any dispute relating to an individual’s APPR score. Any dispute and/or disagreement related to an individual’s APPR score shall be deemed to be waived and not subject expressly limited to the appeals procedure as outlined in the APPR MOA (Appendix B) Nothing in this section will be interpreted as preventing the Association from filing a grievance procedureon a mandatory topic of negotiation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Basic Principles. 1. (A) It is the intent of these procedures to provide for the orderly settlement of differences in a fair and equitable manner. The resolution settlement of a the grievance at the earliest possible stage is encouraged. 2. A bargaining unit member or TTA (B) The aggrieved party shall have the right to present grievances a grievance in accordance with these procedures, free from coercion, interference, restraint, discrimination, discrimination or reprisal. 3. A bargaining unit member or TTA (C) The aggrieved party shall have the right to be represented at any stage of the procedures by a person or persons of his/her their own choice. 4. (D) Each party to a grievance shall have access, within two (2) school days of any action taken during the formal stage, access at reasonable times to any all written documents statements and records pertaining to such case. 5. All hearings (E) Hearings held under the provisions of this procedure will be closed to all persons except the aggrieved party, the Association, the Board, representatives of the aforementioned, the Superintendent and witnesses called to testify. (F) Each grievance shall be confidentialsubmitted in writing on a form approved by the Superintendent and the Association and shall identify the aggrieved party, the provision of the Agreement involved in the grievances, the time when and the place where the alleged events or conditions constituting the grievance existed and the identity of the person responsible for causing such events or conditions and a general statement of the grievance and redress sought by the aggrieved party. 6. It (G) The teachers shall be continue their duties, unless the responsibility grievance involved the immediate suspension of a teacher, until the Superintendent of Schools to take such steps as may be necessary to give force and effect to these procedures. Each administrator and/or immediate supervisor shall have the responsibility to consider promptly each grievance presented to him and make a determination within the authority delegated to him within the time specified in these proceduresis resolved. 7. The function of these procedures is to assure equitable and proper treatment under (H) A grievance must be initiated at the existing laws, rules, regulations, and policies which relate to or affect the employee in the performance of his/her assignment. They are not designed to be used for changing rules or establishing new ones. 8. Failure at any appropriate stage of the Grievance Procedure to communicate a decision to the aggrieved party or his/her representative within the specified time limit shall permit the lodging of an appeal at the next stage of the procedure. 9. In the event a grievance is filed after May 15, upon request or authorization of the aggrieved party, the time limits set forth may be reduced pro-rata, so that the grievance may be concluded prior to the end of school. 10. A grievance must be filed in writing within thirty (30) school calendar days of the event action, inaction or matter that created the basis alleged grievance. (I) If at any of the following stages a grievance or is not resolved within the prescribed number of calendar days as provided in each step below, and it is not thereafter taken to the next step within the prescribed number of calendar days, it shall be deemed to be waived and not subject to concluded that the grievance procedureshall be considered resolved. By mutual consent between the Board of Education, the Superintendent and the Teachers’ Association, the period of time in Stages (1) through (4), inclusive, may be extended.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Basic Principles. 1. It is the intent of these procedures to provide for the orderly settlement of differences at the earliest possible stage of the procedures in a fair and equitable manner. The resolution grievant and appropriate administrative personnel are encouraged to discuss and adjust matters that are potentially the subject of a grievance at the earliest possible stage is encouragedas early a date as may be convenient or appropriate. 2. A bargaining unit member or TTA The Association shall have the right to present grievances in accordance with these procedures, free from coercion, interference, restraint, discrimination, or reprisal—either directly or indirectly. 3. A bargaining unit member or TTA Each building principal shall have the right responsibility to be represented at any stage of the procedures by a person or persons of hisconsider each grievance presented to him/her own choiceand make a written determination within the authority delegated to him/her and within the time specified in these procedures. 4. Each party to a grievance shall have access, within two (2) school days of any action taken during the formal stage, access to any all written documents statements and records pertaining to such case. 5. All hearings shall be confidential. 6. It shall be the responsibility of the Superintendent of Schools to take such steps as Time periods may be necessary extended if mutually acceptable to give force and effect to these procedures. Each administrator and/or immediate supervisor shall have the responsibility to consider promptly each grievance presented to him and make a determination within the authority delegated to him within the time specified in these proceduresboth parties. 7. The function time to file a grievance begins to run when the professional personnel knew, or reasonably should have known of these procedures the alleged grievable act. 8. If a grievance allegedly occurred during the months of July and August, the grievance shall be filed no later than fourteen (14) days after the commencement of school in September. 9. If the grievance is not disposed of to assure equitable and proper treatment under the existing lawsgrievanfs satisfaction the grievant may, ruleswithin fourteen (14) days of the conference, regulationshearing or receipt of decision, and policies which relate to or affect whichever be applicable, file a written notice with the employee in the performance applicable administrator of his/her assignmentintent to pursue the grievance to the next step of this procedure. They are not designed Failure to be used for changing rules or establishing new onesdo so shall constitute an abandonment of the grievance. 810. Failure at any stage of the Grievance Procedure grievance procedure to communicate a decision to the aggrieved party or party, his/her representative and the Association within the specified time limit shall permit the lodging of an appeal at the next stage of the procedure. 9. In the event a grievance is filed after May 15, upon request or authorization of the aggrieved party, procedure within the time limits set forth may be reduced pro-rata, so that which would have been allotted had the grievance may be concluded prior to decision been communicated by the end of schoolfinal day. 10. A grievance must be filed in writing within thirty (30) school days of the event or the basis of the grievance or it shall be deemed to be waived and not subject to the grievance procedure.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Basic Principles. 1. It is the intent of these procedures to provide for the orderly settlement of differences in a fair and equitable manner. The resolution of a grievance at the earliest possible stage is encouraged. 2. A bargaining unit member or TTA An employee shall have the right to present grievances in accordance with these procedures, free from coercion, interference, restraint, discrimination, discrimination or reprisal. 3. A bargaining unit member or TTA An employee shall have the right to be represented at any stage of the procedures by a person or persons representative of his/her own choice. 4. Each party to a grievance shall have access, within two (2) school days of any action taken during the formal stage, access at reasonable times to any all written documents state- ments and records pertaining to such case. 5. All No hearings shall be confidential. 6open to the public. It shall be the responsibility of the Superintendent Chief Administrator of Schools the District to take such steps as may be necessary to give force and effect to these procedures. Each administrator and/or immediate supervisor super- visor shall have the responsibility to consider promptly each grievance presented to him him/her and make a determination within the authority delegated to him him/her within the time specified in these procedures. 7. The function All grievances must be presented in written form except at the informal stage. All grievances shall include the name and position of the aggrieved party, the provision of the agreement allegedly violated, the time when and place where the alleged events or conditions contributing to the grievance existed, the iden- tity of the party responsible for causing the events or conditions, if known to the aggrieved party, and a general statement of the nature of the grievance and the redress sought by the aggrieved party. All persons who have filed a grievance under these procedures shall be entitled to be present with a representative of their own choosing, at any hearing held on the said grievance. Unless a grievance is to assure equitable filed at Stage I within the time limit specified, the grievance will be deemed time-barred and proper treatment under the existing laws, rules, regulations, and policies which relate to or affect the employee waived. Other time limits in the performance procedure may be extended only by mutual written agreement. If the grievant fails to appeal the disposition of his/her assignment. They are not designed the grievance to the next step of the grievance procedure within the time limit specified, the grievance shall be used for changing rules or establishing new ones. 8deemed to have been resolved on the basis of the last disposition and further appeal shall be barred. Failure by the District at any stage of the Grievance Procedure grievance procedure to communicate a decision to the aggrieved party or his/her representative grievant within the specified time limit limits shall permit the lodging of grievant to lodge an appeal at the next stage within the time which would have been permitted had the District’s decision been timely communicated on the last day of the procedure. 9appli- cable stage. In Receiving a rating of meeting standards, exceeding standards or its equivalent based upon the event a grievance rubric system which the parties will develop on an annual evalua- tion is filed after May 15, upon request or authorization of the aggrieved party, the time limits set forth may be reduced pro-rata, so that the grievance may be concluded prior to the end of school. 10. A grievance must be filed in writing within thirty (30) school days of the event or the basis of the grievance or it shall be deemed to be waived and not an issue subject to the grievance procedurefiling a grievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Basic Principles. 1. It is the intent of these procedures to provide for the orderly The settlement of differences in a fair and equitable manner. The resolution of a the grievance at the earliest possible stage is encouraged. 2. A bargaining unit member or TTA employee shall have the right to present grievances in accordance with these procedures, free from coercion, interference, restraint, discrimination, or reprisal. 3. A bargaining unit member or TTA employee shall have the right to be represented at any stage of the procedures by a representative of the union or by a person or persons of his/her own choicechoice at his/her own cost. 4. The Association has the right to be present at every stage of the grievance procedure above Step 1. Any settlement of any grievance will be made by agreement including the Association as a party. 5. Each party to a grievance shall have access, within two (2) school days of any action taken during the formal stage, access at reasonable times to any all written documents statements and records pertaining to such case. 56. All hearings shall be confidential. 67. It shall be the responsibility of the Superintendent of Schools to take such steps as may be necessary to give force and effect to these procedures. Each administrator and/or immediate supervisor shall have the responsibility to consider promptly each grievance presented to him him/her within the time specified in these procedures and make a determination within the authority delegated to him within the time specified in these procedures. 7. The function of these procedures is to assure equitable and proper treatment under the existing laws, rules, regulations, and policies which relate to or affect the employee in the performance of hishim/her assignment. They are not designed to be used for changing rules or establishing new onesher. 8. Failure at All time limits set forth in this procedure shall be strictly adhered to unless the parties agree to an extension of such time limits in writing. In the event there is a violation of any stage of the Grievance Procedure to communicate time limits by the employee, the grievance shall be declared null and void. In the event there is a decision violation of any of the time limits by a District representative or the administration, the grievance may be advanced to the aggrieved party next applicable step of the grievance procedure. 9. Once a grievance pertaining to this Agreement has been submitted at Stage 2 of the grievance procedure in accordance with this Article, all other courses of action or remedies shall be barred. Election of an alternative course of action or remedy prior to the submission of a grievance by an employee or his/her representative within shall be considered to be a waiver of the specified time limit shall permit the lodging right of an appeal at the next stage employee to thereafter seek recourse by means of the procedure. 9. In the event a grievance is filed after May 15, upon request or authorization of the aggrieved party, the time limits set forth may be reduced pro-rata, so that the grievance may be concluded prior to the end of school. 10. A grievance must be filed in writing within thirty (30) school days of the event or the basis of the grievance or it shall be deemed to be waived and not subject to the grievance procedure.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Basic Principles. 1. A. It is the intent of these procedures to provide for the orderly settlement of differences in a fair and equitable manner. The resolution of a grievance at the earliest possible stage is encouraged. 2. B. A bargaining unit member or TTA shall have the right to present grievances in accordance with these procedures, free from coercion, interference, restraint, discrimination, or reprisal. 3. A bargaining unit member or TTA teacher shall have the right to be represented at any stage of the procedures by a person or persons the Association with the consent of his/her own choicethe Association. 4C. The Association has the right to initiate or appeal a grievance involving an alleged violation of the Agreement. Such grievance shall be initiated with the Superintendent of Schools. D. The Administration has the right to initiate or appeal a grievance involving an alleged violation of the Agreement by the Association. Such grievance shall be initiated with the Superintendent of Schools. E. Each party to a grievance shall have access, within two (2) school days of any action taken during the formal stage, access to any written documents statements and records pertaining to such case. 5. F. All hearings discussions shall be confidentialremain confidential during procedural stages of the resolution of a grievance. 6. G. It shall be the responsibility of the Superintendent of Schools Chief Executive Officer to take such steps as may be necessary to give force and effect to these procedures. Each administrator and/or or immediate supervisor shall have the responsibility to consider promptly each grievance presented to him him/her and make a determination within the authority delegated to him within the time specified in these procedures. 7. H. The function of these procedures is to assure equitable and proper treatment under in the matter of differences, disputes and grievances arising out of the interpretation or application of specific provisions of this Agreement, and existing laws, regulations or policies. All differences, disputes and grievances arising out of the interpretation or application of specific provisions of this Agreement and existing Laws, rules, regulations, and regulations or policies which relate to or affect the employee shall be disposed of in the performance of his/her assignment. They are not designed to be used for changing rules or establishing new ones. 8. Failure at any stage of the Grievance Procedure to communicate a decision to the aggrieved party or his/her representative within the specified time limit shall permit the lodging of an appeal at the next stage of the accordance with this grievance procedure. 9. In I. If any provision of this grievance procedure or any application thereof to any teacher or group of teachers in the event negotiating unit shall be finally determined by any court to be contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted but all other provisions or applications will continue in full force and effect. J. If any teacher for whom a grievance is filed after May 15, upon request or authorization of the aggrieved party, the time limits set forth may be reduced pro-rata, so that the grievance may be concluded prior to the end of school. 10. A grievance must be filed in writing within thirty (30) school days of the event or the basis of the grievance or it sustained shall be deemed found to have been unjustly suspended, he/she shall be waived and not subject to reinstated with reimbursement of compensation lost, less any salaries, wages or unemployment benefits received during the grievance procedureperiod of suspension.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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