Common use of Chancellor of the Board of Higher Education Clause in Contracts

Chancellor of the Board of Higher Education. If the grievant elects to proceed to this Step, then within ten (10) days of receipt of the Step III decision he/she shall send notice of his/her election to proceed to Step IV to the Chancellor or his designee, a copy of which shall be sent to the CEO of the College. The Chancellor shall refer all such Step IV grievances received to the Board of Higher Education Grievance Review Committee (hereinafter The Review Committee). The Review Committee shall be comprised of five (5) members as follows: one member, who shall be the Chairperson of the Committee, shall be from the staff of the Board of Higher Education and shall be appointed by the Chancellor; one member shall be an excluded administrator from the Community Colleges who shall be appointed by the Chancellor; one member shall be an excluded administrator from the State Colleges who shall be appointed by the Chancellor; one member shall be from the staff of A.F.S.C.M.E., appointed by the Union; and, one member shall be a Union official appointed by the Union. Members of the Review Committee shall not have fixed terms and shall serve at the pleasure of the Chancellor or the Union, respectively. The Review Committee shall be convened by the Chairperson and meet every other month, unless the members of the Review Committee mutually agree to meet more frequently. The Chairperson of the Review Committee shall determine the location and both the starting and ending time of all such meetings. The Chairperson of the Review Committee shall acknowledge receipt of all Step IV grievances filed with the Chancellor and shall notify the CEO of the College that a Step IV grievance has been filed. Upon such notification, the CEO of the College shall forward a complete copy of the grievance record to the Chancellor. A notice of the date and time upon which a grievance will be reviewed by the Review Committee shall be sent in writing to the grievant or his/her representative and to the College at least twenty-one (21) days prior to the scheduled date of any such review. If the grievant chooses to appear before the Review Committee, the grievant may be accompanied by one other individual whose presence is necessary to present the grievance or by a Union representative. If the grievant chooses not to appear before the Review Committee, the grievant must so notify the Chairperson of the Review Committee in writing at least ten (10) days prior to the scheduled date of such grievance review. Failure to notify the Chairperson in writing and timely shall be grounds for dismissal/denial of the grievance. In the event that either the grievant and/or his/her representative(s) or the College and/or its representative(s) fails to appear before or cooperate with the Review Committee in the matter of any grievance before it, said Review Committee shall have the authority to resolve any such grievance. Such authority is limited only to the extent that it has been specifically granted by law to either the College or the Board. Subsequent to review of the grievance with the grievant and the College, the Review Committee shall meet to discuss the merits of the grievance. Unless otherwise stated the Review Committee shall complete their review of the merits of the grievance and make determinations regarding the grievance on the day upon which the Review Committee reviews the grievance with the grievant and the College. With the exception of the following, the Review Committee shall not be required to render, and shall not normally render, a written decision upon any grievance reviewed, except however that the Committee may render a written decision if it is necessary to do so. If the Board of Higher Education Grievance Review Committee is unable to assist the parties in resolving the grievance before it, the Review Committee may, by vote of at least four (4) Review Committee members in favor, and not more than one (1) Review Committee member against, reduce to writing the position of the Review Committee on such grievance and recommendation of the Review Committee regarding the resolution of said grievance. If so, each party to the Agreement, or the parties acting jointly, will be required to submit to the Arbitrator at Step V Arbitration, the position of the Review Committee regarding such grievance. In the event that the Review Committee is unanimous in its decision (all five (5) members of the Review Committee in full agreement), then, with the exception of terminations and suspension over five (5) days, the Review Committee shall have the same authority to resolve the grievance as an arbitrator at Step V—Arbitration of the grievance procedure. In such instances, the decision of the Review Committee shall be final and binding on all parties to the arbitration proceeding and shall be enforceable in any court of competent jurisdiction. In all such instances, the Review Arbitrator at paragraph 6, of subsection F, of Section 3, of Article 29. If appropriate, for a period of fifteen (15) days subsequent to the review by the Review Committee, efforts shall be made to resolve the grievance.

Chancellor of the Board of Higher Education. If the grievant elects to proceed to this Step, then within ten (10) days of receipt of the Step III decision he/she shall send notice of his/her election to proceed to Step IV to the Chancellor or his designee, a copy of which shall be sent to the CEO of the College. The Chancellor shall refer all such Step IV grievances received to the Board of Higher Education Grievance Review Committee (hereinafter The Review Committee). The Review Committee shall be comprised of five (5) members as follows: one member, who shall be the Chairperson of the Committee, shall be from the staff of the Board of Higher Education and shall be appointed by the Chancellor; one member shall be an excluded administrator from the Community Colleges who shall be appointed by the Chancellor; one member shall be an excluded administrator from the State Colleges who shall be appointed by the Chancellor; one member shall be from the staff of A.F.S.C.M.E., appointed by the Union; and, one member shall be a Union official appointed by the Union. Members of the Review Committee shall not have fixed terms and shall serve at the pleasure of the Chancellor or the Union, respectively. The Review Committee shall be convened by the Chairperson and meet every other month, unless the members of the Review Committee mutually agree to meet more frequently. The Chairperson of the Review Committee shall determine the location and both the starting and ending time of all such meetings. The Chairperson of the Review Committee shall acknowledge receipt of all Step IV grievances filed with the Chancellor and shall notify the CEO of the College that a Step IV grievance has been filed. Upon such notification, the CEO of the College shall forward a complete copy of the grievance record to the Chancellor. A notice of the date and time upon which a grievance will be reviewed by the Review Committee shall be sent in writing to the grievant or his/her representative and to the College at least twenty-one (21) days prior to the scheduled date of any such review. If the grievant chooses to appear before the Review Committee, the grievant may be accompanied by one other individual whose presence is necessary to present the grievance or by a Union representative. If the grievant chooses not to appear before the Review Committee, the grievant must so notify the Chairperson of the Review Committee in writing at least ten (10) days prior to the scheduled date of such grievance review. Failure to notify the Chairperson in writing and timely shall be grounds for dismissal/denial of the grievance. In the event that either the grievant and/or his/her representative(s) or the College and/or its representative(s) fails to appear before or cooperate with the Review Committee in the matter of any grievance before it, said Review Committee shall have the authority to resolve any such grievance. Such authority is limited only to the extent that it has been specifically granted by law to either the College or the Board. Subsequent to review of the grievance with the grievant and the College, the Review Committee shall meet to discuss the merits of the grievance. Unless otherwise stated the Review Committee shall complete their review of the merits of the grievance and make determinations regarding the grievance on the day upon which the Review Committee reviews the grievance with the grievant and the College. With the exception of the following, the Review Committee shall not be required to render, and shall not normally render, a written decision upon any grievance reviewed, except however that the Committee may render a written decision if it is necessary to do so. If the Board of if Higher Education Grievance Review Committee is unable to assist the parties in resolving the grievance before it, the Review Committee may, by vote of at least four (4) Review Committee members in favor, and not more than one (1) Review Committee member against, reduce to writing the position of the Review Committee on such grievance and recommendation of the Review Committee regarding the resolution of said grievance. If so, each party to the Agreement, or the parties acting jointly, will be required to submit to the Arbitrator at Step V Arbitration, the position of the Review Committee regarding such grievance. In the event that the Review Committee is unanimous in its decision (all five (5) members of the Review Committee in full agreement), then, with the exception of terminations and suspension over five (5) days, the Review Committee shall have the same authority to resolve the grievance as an arbitrator at Step V—Arbitration of the grievance procedure. In such instances, the decision of the Review Committee shall be final and binding on all parties to the arbitration proceeding and shall be enforceable in any court of competent jurisdiction. In all such instances, the Review Arbitrator at paragraph 6, of subsection F, of Section 3, of Article 29. If appropriate, for a period of fifteen (15) days subsequent to the review by the Review Committee, efforts shall be made to resolve the grievance.

Chancellor of the Board of Higher Education. If the grievant elects to proceed to this Step, then within ten (10) days of receipt of the Step III decision he/she shall send notice of his/her election to proceed to Step IV to the Chancellor or his designee, a copy of which shall be sent to the CEO of the College. The Chancellor shall refer all such Step IV grievances received to the Board of Higher Education Grievance Review Committee (hereinafter The Review Committee). The Review Committee shall be comprised of five (5) members as follows: one member, who shall be the Chairperson of the Committee, shall be from the staff of the Board of Higher Education and shall be appointed by the Chancellor; one member shall be an excluded administrator from the Community Colleges who shall be appointed by the Chancellor; one member shall be an excluded administrator from the State Colleges who shall be appointed by the Chancellor; one member shall be from the staff of A.F.S.C.M.E., appointed by the Union; and, one member shall be a Union official appointed by the Union. Members of the Review Committee shall not have fixed terms and shall serve at the pleasure of the Chancellor or the Union, respectively. The Review Committee shall be convened by the Chairperson and meet every other month, unless the members of the Review Committee mutually agree to meet more frequently. The Chairperson of the Review Committee shall determine the location and both the starting and ending time of all such meetings. The Chairperson of the Review Committee shall acknowledge receipt of all Step IV grievances filed with the Chancellor and shall notify the CEO of the College that a Step IV grievance has been filed. Upon such notification, the CEO of the College shall forward a complete copy of the grievance record to the Chancellor. A notice of the date and time upon which a grievance will be reviewed by the Review Committee shall be sent in writing to the grievant or his/her representative and to the College at least twenty-one (21) days prior to the scheduled date of any such review. If the grievant chooses to appear before the Review Committee, the grievant may be accompanied by one other individual whose presence is necessary to present the grievance or by a Union representative. If the grievant chooses not to appear before the Review Committee, the grievant must so notify the Chairperson of the Review Committee in writing at least ten (10) days prior to the scheduled date of such grievance review. Failure to notify the Chairperson in writing and timely shall be grounds for dismissal/denial of the grievance. In the event that either the grievant and/or his/her representative(s) or the College and/or its representative(s) fails to appear before or cooperate with the Review Committee in the matter of any grievance before it, said Review Committee shall have the authority to resolve any such grievance. Such authority is limited only to the extent that it has been specifically granted by law to either the College or the Board. Subsequent to review of the grievance with the grievant and the College, the Review Committee shall meet to discuss the merits of the grievance. Unless otherwise stated the Review Committee shall complete their review of the merits of the grievance and make determinations regarding the grievance on the day upon which the Review Committee reviews the grievance with the grievant and the College. With Notwithstanding the exception of the followingabove, the Review Committee shall not be required to render, and shall not normally render, a written decision upon any grievance reviewed, except however that the Committee may render a written decision if it is necessary to do so. If the Board of Higher Education Grievance Review Committee is unable to assist the parties in resolving the grievance before it, the Review Committee may, by vote of at least four (4) Review Committee members in favor, and not more than one (1) Review Committee member against, reduce to writing the position of the Review Committee on such grievance and recommendation of the Review Committee regarding the resolution of said grievance. If so, each party to the Agreement, or the parties acting jointly, will be required to submit to the Arbitrator at Step V Arbitration, the position of the Review Committee regarding such grievance. In the event that the Review Committee is unanimous in its decision (all five (5) members of the Review Committee in full agreement), then, with the exception of terminations and suspension over five (5) days, the Review Committee shall have the same authority to resolve the grievance as an arbitrator at Step V—Arbitration of the grievance procedure. In such instances, the decision of the Review Committee shall be final and binding on all parties to the arbitration proceeding and shall be enforceable in any court of competent jurisdiction. In all such instances, the Review Arbitrator at paragraph 6, of subsection F, of Section 3, of Article 29. If appropriate, for For a period of fifteen (15) days subsequent to the review by the Review Committee, efforts shall be made to resolve the grievance.

Chancellor of the Board of Higher Education. If the grievant elects to proceed to this Step, then within ten (10) days of receipt of the Step III decision he/she shall send notice of his/her election to proceed to Step IV to the Chancellor or his designee, a copy of which shall be sent to the CEO of the College. The Chancellor shall refer all such Step IV grievances received to the Board of Higher Education Grievance Review Committee (hereinafter The Review Committee). The Review Committee shall be comprised of five (5) members as follows: one member, who shall be the Chairperson of the Committee, shall be from the staff of the Board of Higher Education and shall be appointed by the Chancellor; one member shall be an excluded administrator from the Community Colleges who shall be appointed by the Chancellor; one member shall be an excluded administrator from the State Colleges who shall be appointed by the Chancellor; one member shall be from the staff of A.F.S.C.M.E., appointed by the Union; and, one member shall be a Union official appointed by the Union. Members of the Review Committee shall not have fixed terms and shall serve at the pleasure of the Chancellor or the Union, respectively. The Review Committee shall be convened by the Chairperson and meet every other month, unless the members of the Review Committee mutually agree to meet more frequently. The Chairperson of the Review Committee shall determine the location and both the starting and ending time of all such meetings. The Chairperson of the Review Committee shall acknowledge receipt of all Step IV grievances filed with the Chancellor and shall notify the CEO of the College that a Step IV grievance has been filed. Upon such notification, the CEO of the College shall forward a complete copy of the grievance record to the Chancellor. A notice of the date and time upon which a grievance will be reviewed by the Review Committee shall be sent in writing to the grievant or his/her representative and to the College at least twenty-one (21) days prior to the scheduled date of any such review. If the grievant chooses to appear before the Review Committee, the grievant may be accompanied by one other individual whose presence is necessary to present the grievance or by a Union representative. If the grievant chooses not to appear before the Review Committee, the grievant must so notify the Chairperson of the Review Committee in writing at least ten (10) days prior to the scheduled date of such grievance review. Failure to notify the Chairperson in writing and timely shall be grounds for dismissal/denial of the grievance. In the event that either the grievant and/or his/her representative(s) or the College and/or its representative(s) fails to appear before or cooperate with the Review Committee in the matter of any grievance before it, said Review Committee shall have the authority to resolve any such grievance. Such authority is limited only to the extent that it has been specifically granted by law to either the College or the Board. Subsequent to review of the grievance with the grievant and the College, the Review Committee shall meet to discuss the merits of the grievance. Unless otherwise stated the Review Committee shall complete their review of the merits of the grievance and make determinations regarding the grievance on the day upon which the Review Committee reviews the grievance with the grievant and the College. With the exception of the following, the Review Committee shall not be required to render, and shall not normally render, a written decision upon any grievance reviewed, except however that the Committee may render a written decision if it is necessary to do so. If the Board of Higher Education Grievance Review Committee is unable to assist the parties in resolving the grievance before it, the Review Committee may, by vote of at least four (4) Review Committee members in favor, and not more than one (1) Review Committee member against, reduce to writing the position of the Review Committee on such grievance and recommendation of the Review Committee regarding the resolution of said grievance. If so, each party to the Agreement, or the parties acting jointly, will be required to submit to the Arbitrator at Step V Arbitration, the position of the Review Committee regarding such grievance. In the event that the Review Committee is unanimous in its decision (all five (5) members of the Review Committee in full agreement), then, with the exception of terminations and suspension over five (5) days, the Review Committee shall have the same authority to resolve the grievance as an arbitrator at Step V—Arbitration of the grievance procedure. In such instances, the decision of the Review Committee shall be final and binding on all parties to the arbitration proceeding and shall be enforceable in any court of competent jurisdiction. In all such instances, the Review Arbitrator at paragraph 6, of subsection F, of Section 3, of Article 29. If appropriate, for a period of fifteen (15) days subsequent to the review by the Review Committee, efforts shall be made to resolve the grievance. Step V. Arbitration. Within twenty (20) days after the fifteen (15) day period for resolving the grievance at Step IV, arbitration of a grievance may be initiated subject to and in accordance with the following provisions: The Union shall have the exclusive right to initiate arbitration of a grievance, the resolution of which heretofore has been sought by a member or members of the bargaining unit. If multiple members have filed non-selection grievances for the same position, the Union agrees to forward only one grievance to arbitration. The decision or award of the arbitrator shall be final and binding upon the Union, the grievant(s) and the Board in accordance with the applicable provisions of state law. The Union may initiate arbitration of a grievance only if the resolution of the grievance has been sought through all applicable steps of the Grievance Procedure and only if submission of the grievance to arbitration has been duly authorized by the Union. The Union shall give written notice to the Chancellor and CEO that it intends to submit a grievance to arbitration. The Union and the Employer and/or College shall select an arbitrator pursuant to normal American Arbitration Association procedures. Notwithstanding the above, for a period of eighteen (18) months commencing on July 1, 2009 and ending on December 31, 2010, the State College System agrees to utilize The Labor Relations Connection for the purpose of selecting an arbitrator. In all such proceedings the arbitrators selected shall follow normal American Arbitration Association procedures. Prior to December 31, 2010, the parties will confer regarding the appropriateness of continuing the utilization of arbitrators provided by The Labor Relations Connection. In the absence of any agreement to continue such utilization the parties shall convert to the pre-existing practice of utilizing arbitrators assigned by the American Arbitration Association. The Community Colleges may utilize The Labor Relations Connection for an individual case(s) upon the request of the Union and subsequent agreement by the respective Community College. The arbitrator shall convene a hearing giving due regard to the necessity of the parties for time to prepare and the availability of witnesses, if any. The arbitrator shall give at least ten (10) days notice to the parties prior to the scheduled hearing date. The Union, Employer and/or College shall have the right to be represented by counsel at any hearing convened by the arbitrator pursuant to the provisions of this Article. All proceedings before the arbitrator, including his/her jurisdiction to inquire into any issue presented by the complaint and his/her authority to render an award, shall be governed solely by the provisions of this Article. Within thirty (30) days after the conclusion of the hearing, the arbitrator shall determine: Whether the Union and, where an employee or group of employees sought resolution of the grievance through the applicable Steps of this Article, such employee or group of employees, has complied with the procedures for initiating and pursuing a grievance as set forth in this Article; Whether the complaint alleges an express breach of the Agreement; Whether the arbitrator has jurisdiction to arbitrate; and, Whether an express provision of this Agreement has been violated in its application to the grievant. The arbitrator shall render a decision in writing, shall state the reasons therefore, and shall promptly provide copies of the decision to the parties to the arbitration proceeding. Anything herein contained to the contrary notwithstanding, in making a decision the arbitrator shall apply the express provisions of this Agreement and shall not alter, amend or extend, or revise any term or condition hereof. The decision of the arbitrator shall be final and binding on all parties to the arbitration proceeding and shall be enforceable in any court of competent jurisdiction.