COMPLAINT PROCEDURES. The District and the Association agree that prompt complaints facilitate an appropriate and satisfactory resolution. No discipline, dismissal, placement of material in the unit member’s file or other adverse action shall be predicated upon complaints, information or material of a derogatory or critical nature which has been received by the District from pupils, parents, District employees, public agencies, and/or the public unless these procedures have been followed: 1. Each written complaint must be filed immediately but no later than ten (10) working days after the date of the incident that resulted in the complaint. Written complaints pursuant to this Article shall be submitted to the immediate supervisor, who is the manager, of the unit member. Such complaints shall be submitted in writing. The written complaint shall set forth in detail all of the facts upon which the complaint is based, including but not limited to names, dates and other specific details, shall be signed and dated by the complainant, and shall state the requested remedy. 2. A copy of the written complaint shall be forwarded to the unit member not more than five (5) working days following its receipt by the immediate supervisor. No action shall be taken by the District on an oral and/or anonymous complaint. 3. The unit member shall have the right to attempt resolution of the complaint at this point without further involvement of the administration. The unit member shall schedule a meeting with complainant to do so within five (5) working days of receipt of the complaint and the meeting will take place within a reasonable amount of time following. A written summary of the meeting will be developed by those present which includes the resolution, roles and responsibilities of those implementing the resolution, and a timeline for implementation. 4. Should the unit member believe the allegations in the complaint warrant a meeting or because of the lack of a mutually agreeable resolution, s/he shall request that the immediate supervisor attempt to schedule a meeting between the unit member and the complainant to be facilitated by the immediate supervisor. Such meeting shall be scheduled by mutual consent within a reasonable amount of time. 5. If a complaint is filed by a parent, the unit member may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant refuses to attend the meeting, the complaint shall neither be placed in the personnel file nor shall it be utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member. 6. Should there be no resolution as a result of Step 3 above, the immediate supervisor shall request that the member of the public meet with her/him to discuss the complaint. If a parent files a complaint, on behalf of the minor student, the supervisor may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant does not attend the conference and there is no evidence to substantiate the complaint other than the oral testimony of the complainant, or minor student, no record of the complaint shall be placed in the personnel file and the matter shall be considered closed. 7. The immediate supervisor shall meet to discuss the complaint with the unit member. After the immediate supervisor has reviewed the complaint and has met with the unit member, s/he may request that the complainant meet with him or her, with or without the unit member, to attempt to resolve the complaint. Such meeting shall be held within the next five (5) working days. 8. After following the procedures set forth in this Step 7 above, and within 3 (three) working days following said meeting, the immediate supervisor shall forward to the complainant and the unit member a recommended resolution in writing. 9. Within five (5) working days after receiving the recommended resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the immediate supervisor who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the President of the College. The President of the College, or her/his designee, shall meet with the complainant and the unit member in an attempt to reach a resolution. The unit member shall have the right to representation of her/his choice at this meeting. If the complainant does not attend the meeting, or if a resolution is not reached, the President of the College shall forward to the complainant and the unit member a recommended resolution in writing. 10. Within five (5) working days after receipt of the written resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the President of the College, who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the District, Office of the Chancellor. 11. The Chancellor’s designee may meet with the complainant and/or the unit member. Such meeting shall be held not more than five (5) working days following receipt of the appeal. The unit member shall have the right to representation of her/his choice at this meeting. The Chancellor or his/her designee shall issue a decision regarding the complaint, a copy of which shall be provided to both the complainant and the unit member.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
COMPLAINT PROCEDURES. A. It is the intent of all parties to resolve any situation involving a complaint as informally as possible. The District employee and the Association agree that prompt complaints facilitate an appropriate and satisfactory resolution. No discipline, dismissal, placement of material in the his or her immediate supervisor will attempt to resolve such matters collaboratively.
B. Any complaint regarding a bargaining unit member’s file member made to his/her supervisor or other adverse action shall be predicated upon complaints, information or material of a derogatory or critical nature person in authority about him/her which has been received by the District from pupils, parents, District employees, public agencies, and/or the public unless these procedures have been followedmay:
1. Each written complaint must be filed immediately but no later than ten (10) working days after the date of the incident Influence that resulted in the complaint. Written complaints pursuant to this Article shall be submitted to the immediate supervisor, who is the manager, of the unit member. Such complaints shall be submitted in writing. The written complaint shall set forth in detail all of the facts upon which the complaint is based, including but not limited to names, dates and other specific details, shall be signed and dated by the complainant, and shall state the requested remedy.employee’s evaluation;
2. A copy of the written complaint shall be forwarded to the unit member not more than five (5) working days following its receipt by the immediate supervisor. No action shall be taken by the District on an oral and/or anonymous complaint.Result in disciplinary action;
3. The unit member Be referred to in any proceeding against the employee or
4. Be placed in the employee’s personnel file shall have the right to attempt resolution of the complaint at this point without further involvement of the administration. The unit member shall schedule a meeting be discussed with complainant to do so that employee within five (5) working days after its receipt unless it is impractical to do so within such time limit, because of receipt absence of one or both of the parties.
C. In any and all cases, complaints shall not be placed in an employee’s personnel file or used in his/her evaluations unless the complaint and the meeting will take place within a reasonable amount of time following. A written summary of the meeting will be developed by those present which includes the resolutionis in writing, roles and responsibilities of those implementing the resolutionor has been reduced to writing, and a timeline for implementation.
4. Should copy given to the unit member believe the allegations in the complaint warrant a meeting or because of the lack of a mutually agreeable resolutionemployee, sand discussed with him/he shall request that the immediate supervisor attempt to schedule a meeting between the unit member and the complainant to be facilitated by the immediate supervisor. Such meeting shall be scheduled by mutual consent within a reasonable amount of time.
5. If a complaint is filed by a parent, the unit member may request that the student of the parent/guardian who filed the complaint be present during part or all of this meetingher. If the complainant refuses complaints are to attend the meeting, the complaint shall neither be placed in the employee’s personnel file nor it shall it be utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member.
6. Should there be no resolution as a result of Step 3 above, the immediate supervisor shall request that the member done within ten (10) working days of the public meet with herdiscussion held between the supervisor and the employee regarding the complaint, unless it is impractical to do so within such time limit, because of absence of one or both of the parties. The employee shall be apprised of the full nature of the complaint including the name of the complainant. The employee shall have an opportunity to affix his/him her signature to discuss the complaint to acknowledge receipt of the complaint. If a parent files a complaint, on behalf of the minor student, the supervisor may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant does not attend the conference and there is no evidence to substantiate the complaint other than the oral testimony of the complainant, or minor student, no record of the complaint shall be placed in the personnel file and the matter shall be considered closed.
7. The immediate supervisor shall meet to discuss the complaint with the unit member. After the immediate supervisor has reviewed the complaint and has met with the unit member, s/he may request that the complainant meet with him or her, with or without the unit member, to attempt to resolve the complaint. Such meeting shall be held within the next five (5) working days.
8. After following the procedures set forth in this Step 7 above, and within 3 (three) working days following said meeting, the immediate supervisor shall forward to the complainant and the unit member a recommended resolution in writing.
9. Within five (5) working days after receiving the recommended resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the immediate supervisor who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the President of the College. The President of the College, or her/his designee, shall meet with the complainant and the unit member in an attempt to reach a resolution. The unit member employee shall have the right to representation attach a rebuttal.
D. The following process shall apply:
1. When the supervisor receives a first time complaint, the supervisor shall have the following options:
a. Not relay the complaint to the employee or;
b. Verbally relay the complaint to the employee or;
c. Reduce the complaint to writing with a copy given to the employee, or present the written complaint to the employee.
2. When the supervisor receives a second complaint of her/his choice at this meetingthe same nature, the supervisor shall:
a. Verbally relay the complaint to the employee or;
b. Reduce the complaint to writing with a copy given to the employee, or present the written complaint to the employee.
3. If a meeting among the complainant does not attend complainant, the supervisor, and the employee is to be held, the supervisor will, prior to that meeting, or if a resolution is not reached, the President of the College shall forward to the complainant and the unit member a recommended resolution in writing.
10. Within five (5) working days after receipt of the written resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the President of the College, who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the District, Office of the Chancellor.
11. The Chancellor’s designee may meet with the complainant and/or employee and discuss ways of handling the unit member. Such meeting shall be held not more than five (5) working days following receipt of the appealsituation.
4. The unit member shall have employee has the right to representation at all levels.
E. The foregoing shall have no application to complaints of her/his choice at this meeting. The Chancellor such a nature that they may result in prosecution of suit or his/her designee shall issue a decision regarding action either civil or criminal in nature, against the complaint, a copy of which shall be provided to both employee or the complainant and the unit memberDistrict.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
COMPLAINT PROCEDURES. The District and In the Association agree that prompt complaints facilitate an appropriate and satisfactory resolution. No discipline, dismissal, placement of material in the unit member’s file or other adverse action shall be predicated upon complaints, information or material case of a derogatory complaint of either harassment or critical nature which has been received by bullying, the District from pupils, parents, District employees, public agencies, and/or the public unless these procedures have been followedfollowing shall apply:
1. Each written (a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment or bullying may submit a complaint must be filed immediately but no later than ten (10) working days after the date in writing within six months of the incident that resulted in the complaint. Written complaints pursuant to this Article shall be submitted latest alleged occurrence directly to the immediate supervisor, who is the manager, of the unit memberGeneral Manager or designate. Such complaints shall be submitted in writing. The written complaint shall set forth in detail all of the facts upon which the complaint is based, including but not limited to names, dates and other specific details, shall be signed and dated by the complainant, and shall state the requested remedy.
2. A copy Upon receipt of the written complaint complaint, the Employer shall notify in writing the designated union staff representative. Complaints of this nature shall be forwarded treated in strict confidence by both the Employer and the Union.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (h) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the unit member not more than five (5) working days following its receipt by the immediate supervisor. No action shall be taken by the District on an oral and/or anonymous complaint.
3. The unit member shall have the right to attempt resolution of the complaint at this point without further involvement of the administration. The unit member shall schedule a meeting with complainant to do so General Manager or designate in writing within five (5) working 14 days of receipt of the complaint and the meeting will take place complaint. The General Manager or designate shall within a reasonable amount 14 days of time following. A written summary receipt of the meeting will reports give such orders as may be developed by those present which includes the resolution, roles and responsibilities of those implementing the resolution, and a timeline for implementation.
4. Should the unit member believe the allegations in the complaint warrant a meeting or because of the lack of a mutually agreeable resolution, s/he shall request that the immediate supervisor attempt to schedule a meeting between the unit member and the complainant to be facilitated by the immediate supervisor. Such meeting shall be scheduled by mutual consent within a reasonable amount of time.
5. If a complaint is filed by a parent, the unit member may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant refuses to attend the meeting, the complaint shall neither be placed in the personnel file nor shall it be utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member.
6. Should there be no resolution as a result of Step 3 above, the immediate supervisor shall request that the member of the public meet with her/him to discuss the complaint. If a parent files a complaint, on behalf of the minor student, the supervisor may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant does not attend the conference and there is no evidence to substantiate the complaint other than the oral testimony of the complainant, or minor student, no record of the complaint shall be placed in the personnel file and the matter shall be considered closed.
7. The immediate supervisor shall meet to discuss the complaint with the unit member. After the immediate supervisor has reviewed the complaint and has met with the unit member, s/he may request that the complainant meet with him or her, with or without the unit member, to attempt necessary to resolve the complaintissue. Such meeting shall be held within the next five (5) working days.
8. After following the procedures set forth in this Step 7 aboveThe union staff representative, and within 3 (three) working days following said meeting, the immediate supervisor shall forward to the complainant and the unit member a recommended resolution in writingrespondent shall be apprised by the General Manager or designate's resolution.
9. Within five (5d) working Where the allegation was presented through the Union, the Employer shall notify the Union within 14 days after receiving of completing the recommended resolutioninvestigation, whether or not the allegation was substantiated, and indicate what action, if any, was taken.
(e) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(f) Pending determination of the complaint, the General Manager or designate may take interim measures to separate the employees concerned if deemed necessary.
(g) In cases where harassment or bullying complaints may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with his/her written consent.
(h) Where either the complainant or the unit member respondent, in conjunction with the Union, is not satisfied with the resolutionGeneral Manager or designate's response, s/he shall notify the immediate supervisor who shall forward Union will put the complaint, along within 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of harassment and/or bullying. The adjudicator shall work with the investigation parties to achieve a mutually acceptable resolution and attempts at resolution shall be forwarded to if this is not achieved, the President of the College. The President of the College, or her/his designee, shall meet with the complainant and the unit member in an attempt to reach a resolution. The unit member adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to representation be applied to the harasser;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of her/his choice at the complaint.
(i) Disciplinary action taken against a harasser pursuant to this meeting. If clause, shall not form the complainant basis of a grievance.
(j) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, such action shall only be for just cause and may be grieved pursuant to Article 8.
(k) This clause does not attend preclude an employee from filing a complaint under the meeting, BC Human Rights Code. A complaint of harassment or if bullying shall not form the basis of a resolution is not reached, grievance.
(l) Complaints under the President article shall be treated in strict confidence by all parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the College shall forward to the complainant and the unit member a recommended resolution in writingprocess.
10. Within five (5) working days after receipt of the written resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the President of the College, who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the District, Office of the Chancellor.
11. The Chancellor’s designee may meet with the complainant and/or the unit member. Such meeting shall be held not more than five (5) working days following receipt of the appeal. The unit member shall have the right to representation of her/his choice at this meeting. The Chancellor or his/her designee shall issue a decision regarding the complaint, a copy of which shall be provided to both the complainant and the unit member.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
COMPLAINT PROCEDURES. A. The District Superintendent or designee shall determine whether a complaint should be considered a complaint against a unit member and the Association agree that prompt complaints facilitate an appropriate and satisfactory resolution. No discipline, dismissal, placement of material in the unit member’s file or other adverse action shall whether it should be predicated upon complaints, information or material of a derogatory or critical nature which has been received resolved by the District from pupilsdistrict's process for complaints concerning personnel and/or other district procedures. To promote prompt and fair resolution of the complaint, parents, District employees, public agencies, and/or the public unless these following procedures have been followedshall govern the resolution of complaints against unit members:
1. Each written Every effort should be made to resolve a complaint must be filed immediately but no later than ten (10) working days after at the date of earliest possible stage. Whenever possible, the incident that resulted in the complaint. Written complaints pursuant to this Article shall be submitted complainant should communicate directly to the immediate supervisor, who is the manager, of the unit member. Such complaints shall be submitted employee in writing. The written complaint shall set forth in detail all of the facts upon which the complaint is based, including but not limited order to names, dates and other specific details, shall be signed and dated by the complainant, and shall state the requested remedyresolve concerns.
2. A If a complainant is unable or unwilling to resolve the complaint directly with the employee, he/she may submit an oral or written complaint to the employee's immediate supervisor or the Superintendent/designee.
3. When a written complaint is received on the District Complaint Form, the unit member shall receive a copy of the written complaint shall be forwarded to the unit member not more than within five (5) working days following its receipt duty days. The period of notification shall be extended by the appropriate number of duty days when either the unit member or the principal or immediate supervisor. No action shall be taken by supervisor is absent during the District on an oral and/or anonymous complaintfive (5) duty day period.
34. The principal or immediate supervisor responsible for investigating the complaint shall attempt to resolve the complaint to the satisfaction of the parties involved within thirty (30) duty days. The unit member shall have the right be entitled to attempt resolution of the complaint at this point without further involvement of the administrationoffer information on his/her behalf. The unit member shall schedule also be entitled to have a representative present in any meeting with complainant to do so within five (5) working days of receipt between the principal or immediate supervisor and the unit member in which the contents of the complaint and the meeting will take place within a reasonable amount of time followingare discussed. A written summary of the meeting will be developed by those present which includes the resolution, roles and responsibilities of those implementing the resolution, and a timeline for implementation.
4. Should the unit member believe the allegations in the complaint warrant a meeting or because of the lack of a mutually agreeable resolution, s/he shall request that the immediate supervisor attempt to schedule a meeting between the unit member and the complainant to be facilitated by the immediate supervisor. Such meeting shall be scheduled by mutual consent within a reasonable amount of time.
5. If a complaint is filed by a parent, the unit member may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant refuses to attend the meeting, the complaint shall neither be placed in the personnel file nor shall it be utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member.
6. Should there be no resolution as a result of Step 3 above, the immediate supervisor shall request that the member of the public meet with her/him to discuss the complaint. If a parent files a complaint, on behalf of the minor student, the supervisor may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant does not attend the conference and there is no evidence to substantiate the complaint other than the oral testimony of the complainant, or minor student, no record No copy of the complaint shall be placed in the unit member’s personnel file and the matter shall be considered closed.
7. The immediate supervisor shall meet to discuss the complaint with until the unit membermember is notified and given the opportunity to attach a written statement thereto. After the immediate supervisor has reviewed the complaint and has met with If disciplinary action is to be taken against the unit member, s/he may request that the complainant meet with him or her, with or without the unit member, to attempt to resolve the complaint. Such meeting shall be held within the next five (5) working days.
8. After following the procedures set forth in this Step 7 above, and within 3 (three) working days following said meeting, the immediate supervisor shall forward to the complainant and the unit member a recommended resolution in writing.
9. Within five (5) working days after receiving the recommended resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the immediate supervisor who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the President of the College. The President of the College, or her/his designee, shall meet with the complainant and the unit member in an attempt to reach a resolution. The unit member shall have the right to representation of her/his choice at this meeting. If the complainant does not attend the meeting, or if a resolution is not reached, the President of the College shall forward to the complainant and the unit member a recommended resolution in writing.
10. Within five (5) working days after receipt of the written resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the President of the College, who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the District, Office of the Chancellor.
11. The Chancellor’s designee may meet with the complainant and/or the unit member. Such meeting shall be held not more than five (5) working days following receipt of the appeal. The unit member shall have the right to representation of her/his choice at this meeting. The Chancellor or his/her designee shall issue a decision regarding the complaint, a copy of any investigative report prepared by the principal or immediate supervisor and disclosable statements and documents upon which shall the disciplinary action is based will be provided to both the complainant and the unit member.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
COMPLAINT PROCEDURES. The District and the Association agree that prompt complaints facilitate employee may approach Management as an appropriate and satisfactory resolution. No discipline, dismissal, placement informal option of material in the unit member’s file resolving a complaint of harassment or other adverse action shall be predicated upon complaints, information or material of a derogatory or critical nature which has been received by the District from pupils, parents, District employees, public agencies, and/or the public unless these procedures have been followed:
1. Each written complaint must be filed immediately but no later than ten (10) working days after the date of the incident that resulted in the complaint. Written complaints pursuant to this Article shall be submitted to the immediate supervisor, who is the manager, of the unit member. Such complaints shall be submitted in writing. The written complaint shall set forth in detail all of the facts upon which the complaint is based, including but not limited to names, dates and other specific details, shall be signed and dated by the complainantsexual harassment, and shall state be accompanied by a Shop Xxxxxxx if they so requests. In the requested remedy.event that informal options are inappropriate or unsuccessful in addressing a complaint, the following shall apply:
2. A copy a. An Employee who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within thirty (30) days of the written complaint latest alleged occurrence, through the designated Union Representative, directly to the Human Resource Manager. Complaints of this nature shall be forwarded treated in strict confidence by both the Union and the Company;
b. An Alleged Offender shall be given notice of the substance of such a complaint under this Article and shall be entitled to attend, participate in, and be represented at any hearing under this Article;
c. The Human Resource Manager or designate and the Union Representative shall investigate the complaint and shall submit a joint report to the unit member not more than five Plant Manager, in writing, within fifteen (515) working days following its receipt by the immediate supervisor. No action shall be taken by the District on an oral and/or anonymous complaint.
3. The unit member shall have the right to attempt resolution of the complaint at this point without further involvement of the administration. The unit member shall schedule a meeting with complainant to do so within five (5) working days of receipt of the complaint and the meeting will take place complaint. The Plant Manager shall, within a reasonable amount ten (10) days of time following. A written summary receipt of the meeting will report, give such directives as may be developed by those present which includes the resolution, roles and responsibilities of those implementing the resolution, and a timeline for implementation.
4. Should the unit member believe the allegations in the complaint warrant a meeting or because of the lack of a mutually agreeable resolution, s/he shall request that the immediate supervisor attempt to schedule a meeting between the unit member and the complainant to be facilitated by the immediate supervisor. Such meeting shall be scheduled by mutual consent within a reasonable amount of time.
5. If a complaint is filed by a parent, the unit member may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant refuses to attend the meeting, the complaint shall neither be placed in the personnel file nor shall it be utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member.
6. Should there be no resolution as a result of Step 3 above, the immediate supervisor shall request that the member of the public meet with her/him to discuss the complaint. If a parent files a complaint, on behalf of the minor student, the supervisor may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant does not attend the conference and there is no evidence to substantiate the complaint other than the oral testimony of the complainant, or minor student, no record of the complaint shall be placed in the personnel file and the matter shall be considered closed.
7. The immediate supervisor shall meet to discuss the complaint with the unit member. After the immediate supervisor has reviewed the complaint and has met with the unit member, s/he may request that the complainant meet with him or her, with or without the unit member, to attempt necessary to resolve the issue;
d. The Company will not disclose the name of a complainant or an alleged harasser or the circumstances related to the complaint to any person except where disclosure is:
(i) necessary for the purposes of investigating the complaint or taking corrective action with respect to the complaint. Such meeting shall be held within the next five ; or
(5ii) working daysrequired by law.
8. After following e. The Plant Manager may take interim measures to separate the procedures set forth Employees concerned if deemed necessary, pending determination and resolution of the complaint;
f. In cases where harassment may result in this Step 7 abovethe transfer of an Employee, every effort will be made to relocate the Alleged Offender; except that the Harassee may be transferred with their written consent;
g. Where the Complainant, the Alleged Offender, and within 3 (three) working days following said meeting, the immediate supervisor shall forward to the complainant and the unit member a recommended resolution in writing.
9. Within five (5) working days after receiving the recommended resolution, if either the complainant or the unit member is not Union are satisfied with the resolutionPlant Manager’s decision, s/he shall notify the immediate supervisor who shall forward the complaint, along with the investigation and attempts at resolution procedure shall be forwarded at an end and not subject to the President of the College. The President of the College, or her/his designee, shall meet with the complainant and the unit member in an attempt to reach a resolution. The unit member shall have the right to representation of her/his choice at this meeting. If the complainant does not attend the meeting, or if a resolution is not reached, the President of the College shall forward to the complainant and the unit member a recommended resolution in writing.
10. Within five (5) working days after receipt of the written resolution, if either the complainant further proceedings or the unit member is not satisfied with the resolution, s/he shall notify the President of the College, who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the District, Office of the Chancellorgrievance procedure.
11. The Chancellor’s designee may meet with the complainant and/or the unit member. Such meeting shall be held not more than five (5) working days following receipt of the appeal. The unit member shall have the right to representation of her/his choice at this meeting. The Chancellor or his/her designee shall issue a decision regarding the complaint, a copy of which shall be provided to both the complainant and the unit member.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
COMPLAINT PROCEDURES. The District and In the Association agree that prompt complaints facilitate an appropriate and satisfactory resolution. No discipline, dismissal, placement of material in the unit member’s file or other adverse action shall be predicated upon complaints, information or material case of a derogatory or critical nature which has been received by complaint, the District from pupils, parents, District employees, public agencies, and/or the public unless these procedures have been followedfollowing will apply:
1. Each written (a) An employee (complainant) who wishes to pursue a concern arising from discrimination, harassment or bullying may submit a complaint must be filed immediately but no later than ten (10) working days after the date in writing within six months of the incident that resulted in the complaintlatest alleged occurrence directly to Human Resources. Written complaints pursuant to this Article shall be submitted to the immediate supervisor, who is the manager, of the unit member. Such complaints shall be submitted in writing. The written complaint shall set forth in detail all of the facts upon which the complaint is based, including but not limited to names, dates and other specific details, shall be signed and dated by the complainant, and shall state the requested remedy.
2. A copy Upon receipt of the written complaint shall be forwarded to complaint, the unit member not more than five (5) working days following its receipt by Employer will notify in writing the immediate supervisor. No action shall be taken by the District on an oral and/or anonymous complaintdesignated union staff representative.
3. The unit member shall have the right to attempt resolution (b) An alleged harasser (respondent) will be given notice of the substance of such a complaint under this article and will be entitled to attend, participate in, and be represented at this point without further involvement of any hearing pursuant to Clause 1.10(g).
(c) The Employer's designate will investigate the administration. The unit member shall schedule a meeting with complainant complaint and will submit their report to do so Human Resources in writing within five (5) working 30 days of receipt of the complaint and the meeting complaint. Human Resources will take place within a reasonable amount 30 days of time following. A written summary receipt of the meeting will reports give such orders as may be developed by those present which includes the resolution, roles and responsibilities of those implementing the resolution, and a timeline for implementation.
4. Should the unit member believe the allegations in the complaint warrant a meeting or because of the lack of a mutually agreeable resolution, s/he shall request that the immediate supervisor attempt to schedule a meeting between the unit member and the complainant to be facilitated by the immediate supervisor. Such meeting shall be scheduled by mutual consent within a reasonable amount of time.
5. If a complaint is filed by a parent, the unit member may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant refuses to attend the meeting, the complaint shall neither be placed in the personnel file nor shall it be utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member.
6. Should there be no resolution as a result of Step 3 above, the immediate supervisor shall request that the member of the public meet with her/him to discuss the complaint. If a parent files a complaint, on behalf of the minor student, the supervisor may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant does not attend the conference and there is no evidence to substantiate the complaint other than the oral testimony of the complainant, or minor student, no record of the complaint shall be placed in the personnel file and the matter shall be considered closed.
7. The immediate supervisor shall meet to discuss the complaint with the unit member. After the immediate supervisor has reviewed the complaint and has met with the unit member, s/he may request that the complainant meet with him or her, with or without the unit member, to attempt necessary to resolve the complaintissue. Such meeting shall be held within the next five (5) working days.
8. After following the procedures set forth in this Step 7 aboveThe union staff representative, and within 3 (three) working days following said meeting, the immediate supervisor shall forward to the complainant and the unit member a recommended resolution in writingrespondent will be apprised by the Employer's resolution.
9. Within five (5d) working days after receiving Complainants and respondents who are members of the recommended resolutionbargaining unit will be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, Human Resources may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the respondent, except that the complainant may be transferred with their written consent.
(g) Where either the complainant or the unit member respondent, in conjunction with the Union, is not satisfied with the resolutionEmployer's resolution to the complaint under Clause 1.10(c), s/he shall notify the immediate supervisor who shall forward Union will put the complaint, along within 30 days, before a mutually agreed upon independent adjudicator who specializes in cases of personal harassment or sexual harassment or bullying. The adjudicator will work with the investigation parties to achieve a mutually acceptable resolution and attempts at resolution shall be forwarded to if this is not achieved, the President of the College. The President of the College, or her/his designee, shall meet with the complainant and the unit member in an attempt to reach a resolution. The unit member shall adjudicator will have the right to:
(1) dismiss the complaint;
(2) determine the appropriate level of discipline to representation be applied to the respondent; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of her/his choice at this meeting. If the complainant complaint.
(h) Disciplinary action taken against a respondent pursuant to Clause 1.10(g) will not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This article does not attend preclude an employee from filing a complaint under the meetingHuman Rights Code of British Columbia. However, an employee will not be entitled to duplication of process. An employee making a complaint under this article must choose to direct a complaint to either the BC Council of Human Rights or if the process specified above. In either event, a resolution is complaint of personal harassment or sexual harassment will not reached, form the President basis of a grievance.
(k) Complaints under the article will be treated in strict confidence by all parties involved. All documentation concerning the alleged complaint will be sealed at the conclusion of the College shall forward to the complainant and the unit member a recommended resolution in writingprocess.
10. Within five (5) working days after receipt of the written resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the President of the College, who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the District, Office of the Chancellor.
11. The Chancellor’s designee may meet with the complainant and/or the unit member. Such meeting shall be held not more than five (5) working days following receipt of the appeal. The unit member shall have the right to representation of her/his choice at this meeting. The Chancellor or his/her designee shall issue a decision regarding the complaint, a copy of which shall be provided to both the complainant and the unit member.
Appears in 1 contract
Samples: Collective Agreement
COMPLAINT PROCEDURES. The District and the Association agree that prompt complaints facilitate A. If a formal complaint is made to an appropriate and satisfactory resolution. No disciplineE.S.D. supervisor, dismissal, placement of material in the unit regarding a staff member’s file or other adverse action performance, the complaint shall be predicated upon complaints, information or material of a derogatory or critical nature which has been received reduced to writing and shall be discussed withprovided to the staff member within five (5) to ten (10) working days after its receipt by the District from pupilsE.S.D. and before meeting with administration to resolve the matter. The notice, parents, District employees, public agenciesmeeting, and/or investigation shall commence as soon as is reasonably possible, usually within five (5) days but not later than ten (10) days after receipt, unless it is impractical to do so within such time limit because of the public unless these procedures have been followed:absence of the staff member or the immediate supervisor. Nothing in this section precludes an earlier notification.
1. Each written The staff member shall be apprised of the full nature of the complaint must including the name of the complainant.
2. The staff member with the assistance of the immediate supervisor will attempt to resolve the matter informally. However, if a meeting between the complainant and the staff member is to be filed immediately held, the supervisor, upon prior request of the staff member, will, prior to that meeting, meet with the staff member and discuss ways of handling the situation.
3. The staff member, upon request, shall be advised in writing of the status or resolution of the complaint within ten (10) working days of the discussion referred to in “A” above. The District shall respond in writing, usually within five (5) but no later than ten (10) working days after the date unless it is impractical to do so within such time limit because of the incident that resulted in the complaint. Written complaints pursuant to this Article shall be submitted to the immediate supervisor, who is the manager, absence of the unit member. Such complaints shall be submitted in writing. The written complaint shall set forth in detail all of the facts upon which the complaint is based, including but not limited to names, dates and other specific details, shall be signed and dated by the complainant, and shall state the requested remedy.
2. A copy of the written complaint shall be forwarded to the unit staff member not more than five (5) working days following its receipt by or the immediate supervisor. No action shall be taken by the District on Nothing in this section precludes an oral and/or anonymous complaint.
3. The unit member shall have the right to attempt resolution of the complaint at this point without further involvement of the administration. The unit member shall schedule a meeting with complainant to do so within five (5) working days of receipt of the complaint and the meeting will take place within a reasonable amount of time following. A written summary of the meeting will be developed by those present which includes the resolution, roles and responsibilities of those implementing the resolution, and a timeline for implementationearlier notification.
4. Should Complaints which are not discussed within the unit member believe the allegations fiveten (10)-day time period may not be used in the complaint warrant a meeting or because of the lack of a mutually agreeable resolution, s/he shall request that the immediate supervisor attempt to schedule a meeting between the unit member and the complainant to be facilitated by the immediate supervisor. Such meeting shall be scheduled by mutual consent within a reasonable amount of timeevaluations in any disciplinary action.
5. If The staff member has a complaint is filed by right to Association representation at all levels.
B. The foregoing timeline shall have no application to complaints of such a parent, the unit member may request nature that the student they could result in institution of the parent/guardian who filed the complaint be present during part suit or all of this meeting. If the complainant refuses to attend the meeting, the complaint shall neither be placed action either criminal in the personnel file nor shall it be utilized in any evaluation, assignment, or disciplinary or dismissal action nature against the unit member.
6. Should there be no resolution as a result member and law enforcement requests confidentiality of Step 3 above, the immediate supervisor shall request that the member of the public meet with her/him to discuss the complaint. If a parent files a complaint, on behalf of the minor student, the supervisor may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant does not attend the conference and there is no evidence to substantiate the complaint other than the oral testimony of the complainant, or minor student, no record of the complaint shall be placed in the personnel file and the matter shall be considered closed.
7. The immediate supervisor shall meet to discuss the complaint with the unit member. After the immediate supervisor has reviewed the complaint and has met with the unit member, s/he may request that the complainant meet with him or her, with or without the unit member, to attempt to resolve the complaint. Such meeting shall be held within the next five (5) working days.
8. After following the procedures set forth in this Step 7 above, and within 3 (three) working days following said meeting, the immediate supervisor shall forward to the complainant and the unit member a recommended resolution in writing.
9. Within five (5) working days after receiving the recommended resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the immediate supervisor who shall forward the complaint, along with or civil in nature against the investigation and attempts at resolution shall be forwarded to the President of the College. The President of the College, or her/his designee, shall meet with the complainant and the unit member in an attempt to reach a resolution. The unit member shall have the right to representation of her/his choice at this meeting. If the complainant does not attend the meeting, or if a resolution is not reached, the President of the College shall forward to the complainant and the unit member a recommended resolution in writing.
10. Within five (5) working days after receipt of the written resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the President of the College, who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the District, Office of the Chancellor.
11. The Chancellor’s designee may meet with the complainant and/or the unit member. Such meeting shall be held not more than five (5) working days following receipt of the appeal. The unit member shall have the right to representation of her/his choice at this meeting. The Chancellor or his/her designee shall issue a decision regarding the complaint, a copy of which shall be provided to both the complainant and the unit member.
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINT PROCEDURES. The District (a) Before proceeding to the formal complaint mechanism, an employee who believes he or she has a complaint of harassment, discrimination or bullying may approach their supervisory personnel, union xxxxxxx or other contact person to discuss potential means of resolving a complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant's satisfaction, the matter is deemed to be resolved. If the matter is not resolved to the complainant's satisfaction, then the employee may submit a formal complaint.
(b) In the case of a complaint, the following shall apply:
(1) An employee (complainant) who wishes to pursue a complaint may submit a complaint in writing within six months of the latest alleged occurrence directly to the Chief Administrative Officer. If the complaint is about the Chief Administrative Officer, the employee may submit his or her complaint to the Director of Finance.
(2) Upon receipt of the written complaint, the Employer shall notify in writing the designated union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Association agree that prompt complaints facilitate an appropriate and satisfactory resolution. No discipline, dismissal, placement Employer
(3) A written complaint shall specify the details of material in the unit member’s file or other adverse action shall be predicated upon complaints, information or material of a derogatory or critical nature which has been received by the District from pupils, parents, District employees, public agencies, and/or the public unless these procedures have been followedallegation(s) including:
1. Each written complaint must be filed immediately but no later than ten (10i) working days after the date name and title of the incident that resulted respondent;
(ii) a description of the action(s), conduct, events or circumstances involved in the complaint. Written complaints pursuant ;
(iii) the specific remedy sought to this Article satisfy the complaint;
(iv) date(s) of incidents;
(v) name(s) of witnesses, if any;
(vi) attach any supporting documents, such as emails, handwritten notes, or photographs;
(vii) prior attempts to resolve, if any.
(c) An alleged harasser (respondent) shall be submitted to the immediate supervisor, who is the manager, given notice of the unit member. Such complaints substance of such a complaint under this article and shall be submitted entitled to attend, participate in, and be represented during investigation of the complaint.
(d) The Chief Administrative Officer/Director of Finance will acknowledge, in writing. The written complaint shall set forth in detail all , receipt of the facts upon complaint and determine the appropriate individual to conduct the investigation, which the complaint is based, including but not limited to names, dates can include a third party investigator.
(e) Investigations will be undertaken promptly and other specific details, shall be signed diligently and dated by will generally include interviews of the complainant, respondent and shall state the requested remedy.
2any witnesses. A copy of the The investigator will submit his/her written complaint shall be forwarded report to the unit member not more than five (5) working days following its receipt by the immediate supervisor. No action shall be taken by the District on an oral and/or anonymous complaint.
3. The unit member shall have the right to attempt resolution Chief Administrative Officer/Director of the complaint at this point without further involvement of the administration. The unit member shall schedule a meeting Finance with complainant to do so conclusions within five (5) working 30 days of receipt of the complaint complaint. The complainant, respondent and the meeting Union will take place within a reasonable amount of time following. A written summary be advised of the meeting will be developed by those present which includes the resolution, roles and responsibilities of those implementing the resolution, and a timeline for implementation.
4. Should the unit member believe the allegations in the complaint warrant a meeting or because of the lack of a mutually agreeable resolution, s/he shall request that the immediate supervisor attempt to schedule a meeting between the unit member and the complainant to be facilitated by the immediate supervisor. Such meeting shall be scheduled by mutual consent within a reasonable amount of time.
5. If a complaint is filed by a parent, the unit member may request that the student of the parent/guardian who filed the complaint be present during part or all of this meetinginvestigation findings. If the complainant refuses to attend the meetingparties agree, the complaint shall neither be placed in the personnel file nor shall it be utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member.
6. Should there be no resolution as a result of Step 3 above, the immediate supervisor shall request that the member of the public meet with her/him to discuss the complaint. If a parent files a complaint, on behalf of the minor student, the supervisor may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant does not attend the conference and there is no evidence to substantiate the complaint other than the oral testimony of the complainant, or minor student, no record of the complaint shall be placed in the personnel file and the matter shall be considered closed.
7. The immediate supervisor shall meet to discuss the complaint with the unit member. After the immediate supervisor has reviewed the complaint and has met with the unit member, s/he may request that the complainant meet with him or her, with or without the unit member, to investigator can attempt to resolve the complaint. Such meeting shall be held within the next five (5) working daysmatter by way of a conflict resolution process.
8. After following (f) The complainant, respondent and witnesses interviewed in any stage of the procedures set forth in this Step 7 above, and within 3 investigation process are entitled to have a union representative present at any meeting held pursuant to the above investigation.
(threeg) working days following said meetingPending determination of the complaint, the immediate supervisor shall forward Town may take interim measures to separate the complainant and the unit member a recommended resolution in writingrespondent if deemed necessary.
9. Within five (5h) working days after receiving In cases where harassment may result in the recommended resolutiontransfer of an employee, if every effort will be made to relocate the harasser, except that the harassee may be transferred with his/her written consent.
(i) Where either the complainant or the unit member respondent, in conjunction with the Union, is not satisfied with the resolutionEmployer's response, s/he shall notify the immediate supervisor who shall forward Union will put the complaint, along within 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the investigation parties to achieve a mutually acceptable resolution and attempts at resolution shall be forwarded to if this is not achieved, the President of the College. The President of the College, or her/his designee, shall meet with the complainant and the unit member in an attempt to reach a resolution. The unit member adjudicator shall have the right to:
(1) dismiss the complaint;
(2) determine the appropriate level of discipline to representation be applied to the harasser;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of her/his choice at the complaint.
(j) Disciplinary action taken against a harasser pursuant to this meeting. If article, shall not form the complainant basis of a grievance.
(k) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(l) This article does not attend the meeting, or if preclude an employee from filing a resolution is not reached, the President complaint under Section 8 of the College BC Human Rights Code. However, an employee shall forward not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the complainant and BC Human Rights Tribunal or the unit member process specified above. In either event, a recommended resolution in writingcomplaint of personal harassment or sexual harassment shall not form the basis of a grievance.
10(m) Complaints under the article shall be treated in strict confidence by all parties involved. Within five (5) working days after receipt All documentation concerning the alleged complaint shall be sealed at the conclusion of the written resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the President of the College, who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the District, Office of the Chancellorprocess.
11. The Chancellor’s designee may meet with the complainant and/or the unit member. Such meeting shall be held not more than five (5) working days following receipt of the appeal. The unit member shall have the right to representation of her/his choice at this meeting. The Chancellor or his/her designee shall issue a decision regarding the complaint, a copy of which shall be provided to both the complainant and the unit member.
Appears in 1 contract
Samples: Collective Agreement
COMPLAINT PROCEDURES. 4.10.1 A Staff Member (Complainant) may use this Complaint Procedure to have an appropriate person (identified in this Procedure) seek to resolve a Complaint. However, it is recognised that some Complaints may not be capable of resolution by processes internal to the University.
4.10.2 In this clause Complaint means a Complaint a Staff Member has about any matter, other than about:
(a) the interpretation or implementation of this Agreement (Complaints of this type will be dealt with in accordance with the Dispute Settling Procedures clause);
(b) Health and Safety matters (concerns about H&S matters should be directed firstly to a Supervisor, and if unresolved to the Chair, or member, of a local H&S committee or the University’s responsible officer for H&S matters);
(c) conduct of another Staff Member which could constitute misconduct, serious misconduct or unsatisfactory performance (which should be dealt with under the provisions of this Agreement concerning misconduct, serious misconduct or unsatisfactory performance);
(d) steps taken or being taken against a Staff Member (i.e., the potential Complainant) under the provisions of the Agreement concerning misconduct, serious misconduct or unsatisfactory performance (which should be dealt with under the provisions of this Agreement concerning misconduct, serious misconduct or unsatisfactory performance); or
(e) any matter that can be dealt with by an alternative documented University process.
4.10.3 The District Complainant must put the Complaint in writing and provide sufficient detail of the Complaint so that it can be properly understood.
4.10.4 A Complainant may choose to be accompanied by a person of their choosing at any meeting convened in accordance with this Complaint Procedure. The Complainant and their chosen representative may withdraw to consult if required. The representative may participate in the meeting but may not answer for the Complainant. The Complainant is required to participate actively in the resolution of the Complaint.
4.10.5 If a Complainant has a Complaint:
(a) about another member of Staff – there should be an attempt to resolve the Complaint directly between the Complainant and other Staff Member as soon as possible. If this is difficult, impractical or unsuccessful, the Complainant may refer the Complaint, in writing, to the Complainant's Supervisor who must try to resolve the Complaint by mediation as quickly as possible;
(b) about their Supervisor – they may refer the Complaint to the Supervisor’s Supervisor; or
(c) about another matter – they should raise it with their Supervisor. The Complainant, Supervisor or other management representative and the Association agree that prompt complaints facilitate an appropriate and satisfactory resolution. No discipline, dismissal, placement of material in the unit member’s file or other adverse action shall be predicated upon complaints, information or material of a derogatory or critical nature which has been received by the District from pupils, parents, District employees, public agencies, and/or the public unless these procedures have been followed:
1. Each written complaint must be filed immediately but no later than ten (10) working days after the date of the incident that resulted in the complaint. Written complaints pursuant to this Article shall be submitted to the immediate supervisor, Staff Member who is the manager, subject of the unit member. Such complaints shall be submitted Complaint will use their best endeavours to resolve the Complaint.
4.10.6 If a Complaint is not resolved at the stage referred to in writing. The written complaint shall set forth in detail all sub clause 4.10.5, the parties to the Complaint may refer the Complaint to:
(a) the next level of management; or
(b) another Manager external to the facts upon which the complaint is based, including but not limited to names, dates and other specific details, shall be signed and dated work area appointed by the complainantUniversity. Another attempt will be made to settle the Complaint, and shall state the requested remedyusually within five working days.
2. A copy of 4.10.7 If a Complaint is not resolved at the written complaint shall be forwarded stage referred to in sub clause 4.10.6, any party to the unit member not more than five (5) working days following its receipt by the immediate supervisor. No action shall be taken by the District on an oral and/or anonymous complaint.
3. The unit member shall have the right to attempt resolution of the complaint at this point without further involvement of the administration. The unit member shall schedule a meeting with complainant to do so within five (5) working days of receipt of the complaint and the meeting will take place within a reasonable amount of time following. A written summary of the meeting will be developed by those present which includes the resolution, roles and responsibilities of those implementing the resolution, and a timeline for implementation.
4. Should the unit member believe the allegations in the complaint warrant a meeting or because of the lack of a mutually agreeable resolution, s/he shall request that the immediate supervisor attempt to schedule a meeting between the unit member and the complainant to be facilitated by the immediate supervisor. Such meeting shall be scheduled by mutual consent within a reasonable amount of time.
5. If a complaint is filed by a parent, the unit member Complaint may request that the student Director, Human Resources, in consultation with the Director, Equity & Diversity:
(a) seek to resolve the Complaint; or
(b) refer the Complaint to an external mediator. The Director, Human Resources, in consultation with the Director, Equity & Diversity, will determine how the Complaint is to proceed.
4.10.8 If a Complaint is not resolved at the stage referred to in sub clause 4.10.7, the Complaint Procedure will conclude. Any party to the Complaint may then refer the Complaint to an external authority with jurisdiction to deal with the matter.
4.10.9 If at any point in the Complaint Procedure a party to the Complaint chooses to refer the Complaint (or part of the parent/guardian who filed Complaint) to an external authority, it will be at the complaint be present during part or all discretion of the University whether to continue with this meeting. If the complainant refuses to attend the meeting, the complaint shall neither be placed in the personnel file nor shall it be utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit memberComplaint Procedure.
6. Should there 4.10.10 A Complaint must be no resolution as a result of Step lodged within 3 above, the immediate supervisor shall request that the member months of the public meet with her/him to discuss the complaint. If a parent files a complaint, on behalf Complainant becoming aware of the minor student, the supervisor may request that the student circumstances of the parent/guardian who filed Complaint. A Complaint lodged after this time will only be dealt with if the complaint be present during part or all of Director, Human Resources believes that special circumstances warrant the matter being dealt with under this meetingComplaint Procedure.
4.10.11 All parties involved in settling a Complaint must endeavour, so far as practical, to complete the Complaint Procedure within 3 months after lodgement. If A Complainant may ask the complainant does not attend the conference and Vice-Chancellor to intervene if there is no evidence to substantiate the complaint other than the oral testimony resolution of the complainantComplaint after 3 months.
4.10.12 If an anonymous Complaint is received, or minor student, no record it will only be dealt with under this clause at the discretion of the complaint shall University.
4.10.13 The University may decline to deal with any Complaint at any point if the University considers:
(a) the Complaint to be placed in trivial, frivolous or vexatious; and/or
(b) the personnel file Complaint to be outside the relationship between the University and the matter shall Complainant; and/or
(c) the behaviour of the Complainant to be considered closed.
7. The immediate supervisor shall meet to discuss the complaint with the unit member. After the immediate supervisor has reviewed the complaint and has met with the unit memberthat of a querulant, s/he may request that the complainant meet with him obstructive, abusive or her, with or without the unit member, to attempt to resolve the complaint. Such meeting shall be held within the next five (5) working days.
8. After following the procedures set forth threatening in this Step 7 above, and within 3 (three) working days following said meeting, the immediate supervisor shall forward relation to the complainant and the unit member a recommended resolution in writingComplaint.
9. Within five (5) working days after receiving the recommended resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the immediate supervisor who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the President of the College. The President of the College, or her/his designee, shall meet with the complainant and the unit member in an attempt to reach a resolution. The unit member shall have the right to representation of her/his choice at this meeting. If the complainant does not attend the meeting, or if a resolution is not reached, the President of the College shall forward to the complainant and the unit member a recommended resolution in writing.
10. Within five (5) working days after receipt of the written resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the President of the College, who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the District, Office of the Chancellor.
11. The Chancellor’s designee may meet with the complainant and/or the unit member. Such meeting shall be held not more than five (5) working days following receipt of the appeal. The unit member shall have the right to representation of her/his choice at this meeting. The Chancellor or his/her designee shall issue a decision regarding the complaint, a copy of which shall be provided to both the complainant and the unit member.
Appears in 1 contract
Samples: Academic Staff Enterprise Agreement
COMPLAINT PROCEDURES. The District and (a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment, discrimination, bullying or sexual harassment may submit a complaint in writing within six months of the Association agree that prompt complaints facilitate an appropriate and satisfactory resolution. No discipline, dismissal, placement of material in latest alleged occurrence directly to the unit member’s file or other adverse action shall be predicated upon complaints, information or material of a derogatory or critical nature which has been received manager designated by the District from pupilsEmployer to receive such complaints. Where the complaint is against the manager designated, parents, District employees, public agencies, and/or the public unless these procedures have been followed:
1. Each written complaint must be filed immediately but no later than ten (10) working days after the date of the incident that resulted in the complaint. Written complaints pursuant to this Article it shall be submitted to the immediate supervisor, who is the human resources manager, of the unit member. Such complaints shall be submitted in writing. The written complaint shall set forth in detail all of the facts upon which the complaint is based, including but not limited to names, dates and other specific details, shall be signed and dated by the complainant, and shall state the requested remedy.
2. A copy Upon receipt of the written complaint complaint, the employer designate shall notify in writing the designated union staff representative. Complaints of this nature shall be forwarded treated in strict confidence by both the Union and the Employer.
(b) If the alleged harasser (respondent) is an employee of the Employer, she shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit her report to the unit member not more than five (5) working days following its receipt by the immediate supervisor. No action shall be taken by the District on an oral and/or anonymous complaint.
3. The unit member shall have the right to attempt resolution of the complaint at this point without further involvement of the administration. The unit member shall schedule a meeting with complainant to do so human resources manager in writing within five (5) working 15 days of receipt of the complaint and the meeting will take place complaint. The human resources manager shall within a reasonable amount 10 days of time following. A written summary receipt of the meeting will reports give such orders as may be developed by those present which includes the resolution, roles and responsibilities of those implementing the resolution, and a timeline for implementation.
4. Should the unit member believe the allegations in the complaint warrant a meeting or because of the lack of a mutually agreeable resolution, s/he shall request that the immediate supervisor attempt to schedule a meeting between the unit member and the complainant to be facilitated by the immediate supervisor. Such meeting shall be scheduled by mutual consent within a reasonable amount of time.
5. If a complaint is filed by a parent, the unit member may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant refuses to attend the meeting, the complaint shall neither be placed in the personnel file nor shall it be utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member.
6. Should there be no resolution as a result of Step 3 above, the immediate supervisor shall request that the member of the public meet with her/him to discuss the complaint. If a parent files a complaint, on behalf of the minor student, the supervisor may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant does not attend the conference and there is no evidence to substantiate the complaint other than the oral testimony of the complainant, or minor student, no record of the complaint shall be placed in the personnel file and the matter shall be considered closed.
7. The immediate supervisor shall meet to discuss the complaint with the unit member. After the immediate supervisor has reviewed the complaint and has met with the unit member, s/he may request that the complainant meet with him or her, with or without the unit member, to attempt necessary to resolve the complaintissue. Such meeting shall be held within the next five (5) working days.
8. After following the procedures set forth in this Step 7 aboveThe union staff representative, and within 3 (three) working days following said meeting, the immediate supervisor shall forward to the complainant and the unit member a recommended resolution in writingrespondent shall be apprised of the human resources manager's resolution.
9(d) Where both the complainant and the respondent, are members of the Union, each shall be given the option of having a shop xxxxxxx present at any meeting held pursuant to the above investigation. Within five A single shop xxxxxxx shall not represent both employees.
(5e) working days after receiving Pending determination of the recommended resolutioncomplaint, the Employer may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the complainant may be transferred with her written consent.
(g) Where either the complainant or the unit member respondent, are members of the Union in conjunction with the Union, is not satisfied with the resolutionhuman resources manager's response, s/he shall notify the immediate supervisor who shall forward Union will put the complaint, along within 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of harassment or discrimination or sexual harassment. The adjudicator shall work with the investigation parties to achieve a mutually acceptable resolution and attempts at resolution shall be forwarded to if this is not achieved, the President of the College. The President of the College, or her/his designee, shall meet with the complainant and the unit member in an attempt to reach a resolution. The unit member adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to representation be applied to the harasser;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of her/his choice at the complaint.
(h) Disciplinary action taken against a harasser pursuant to this meeting. If clause, shall not form the complainant basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action which may include discipline.
(j) This clause does not attend preclude an employee from filing a complaint under the meetingBC Human Rights Code. A complaint of harassment, discrimination or if sexual harassment shall not form the basis of a resolution is not reached, the President of the College shall forward to the complainant and the unit member a recommended resolution in writinggrievance.
10. Within five (5k) working days after receipt of the written resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the President of the College, who shall forward the complaint, along with the investigation and attempts at resolution Complaints under this article shall be forwarded to the District, Office of the Chancellortreated in strict confidence by all parties involved.
11. The Chancellor’s designee may meet with the complainant and/or the unit member. Such meeting shall be held not more than five (5) working days following receipt of the appeal. The unit member shall have the right to representation of her/his choice at this meeting. The Chancellor or his/her designee shall issue a decision regarding the complaint, a copy of which shall be provided to both the complainant and the unit member.
Appears in 1 contract
Samples: Collective Agreement
COMPLAINT PROCEDURES. The District and In the Association agree that prompt complaints facilitate an appropriate and satisfactory resolution. No discipline, dismissal, placement of material in the unit member’s file or other adverse action shall be predicated upon complaints, information or material case of a derogatory complaint of either harassment or critical nature which has been received by sexual harassment, the District from pupils, parents, District employees, public agencies, and/or the public unless these procedures have been followedfollowing shall apply:
(1. Each written ) An employee who wishes to pursue a concern arising from an alleged harassment may submit a complaint must be filed immediately but no later than ten in writing within thirty (1030) working days after the date of the incident that resulted in latest alleged occurrence through the complaint. Written complaints pursuant to this Article shall be submitted Union directly to the immediate supervisor, who is the manager, of the unit member. Such complaints shall be submitted in writingManager. The written complaint shall set forth in detail all clearly state what the problem is, the details of the facts upon which evidence of this, including dates, times, witnesses and what resolution they are seeking. The Union shall raise the complaint is based, including but not limited to names, dates and other specific details, with the Department Manager (or with the General Manager if the grievance involves the Department Manager). Complaints of this nature shall be signed treated in strict confidence by both the Union and dated by the complainantEmployer.
(2) An alleged offender shall be given notice of the substance of such a complaint under the Article and shall be entitled to attend, participate in, and be represented at any hearing under this Article. Should it be deemed that a hearing is required, the alleged offender shall state be given a copy of all complaints and statements, only after the requested remedyalleged offender has submitted a full statement of her own.
2. A copy of (3) The Employer designate and a Union representative shall investigate the written complaint and shall be forwarded submit reports to the unit member not more than five appropriate Manager as per Article 8.01(c)(1) in writing within fifteen (515) working days following its receipt by the immediate supervisor. No action shall be taken by the District on an oral and/or anonymous complaint.
3. The unit member shall have the right to attempt resolution of the complaint at this point without further involvement of the administration. The unit member shall schedule a meeting with complainant to do so within five (5) working days of receipt of the complaint and the meeting will take place complaint. The Manager shall within a reasonable amount ten (10) days of time following. A written summary receipt of the meeting will reports give such orders as may be developed by those present necessary to resolve the issue. In circumstances where the Manager requires an extended period in which includes the resolution, roles and responsibilities of those implementing the resolution, and a timeline for implementation.
4. Should the unit member believe the allegations in the complaint warrant a meeting or because of the lack of a mutually agreeable resolution, s/he shall request that the immediate supervisor attempt to schedule a meeting between the unit member and the complainant to be facilitated by the immediate supervisor. Such meeting shall be scheduled by mutual consent within a reasonable amount of time.
5. If a complaint is filed by a parent, the unit member may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant refuses to attend the meeting, the complaint shall neither be placed in the personnel file nor shall it be utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member.
6. Should there be no resolution as a result of Step 3 above, the immediate supervisor shall request that the member of the public meet with her/him to discuss the complaint. If a parent files a complaint, on behalf of the minor student, the supervisor may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant does not attend the conference and there is no evidence to substantiate the complaint other than the oral testimony of the complainant, or minor student, no record of the complaint shall be placed in the personnel file and the matter shall be considered closed.
7. The immediate supervisor shall meet to discuss the complaint with the unit member. After the immediate supervisor has reviewed the complaint and has met with the unit member, s/he may request that the complainant meet with him or her, with or without the unit member, to attempt to resolve the complaint. Such meeting shall be held within , for example, if a key person is away on leave, the next five Manager will advise the employee making the complaint of this delay in writing, giving details of the time extension required.
(4) Pending determination of the complaint, the Manager may take interim measures to separate the employees concerned if deemed necessary.
(5) working daysFollowing determination of the complaint, in cases where harassment may result in the transfer of an employee, every reasonable effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.
8. After following (6) Where both Parties to the procedures set forth in this Step 7 above, and within 3 (three) working days following said meetingproceeding are satisfied with the Manager’s decision, the immediate supervisor procedure shall forward be at an end and not subject to further proceedings or the grievance procedure. Where either Party to the complainant and the unit member a recommended resolution in writing.
9. Within five (5) working days after receiving the recommended resolution, if either the complainant or the unit member proceeding is not satisfied with the resolutionManager’s response, sthe complaint will, within thirty (30) days, be put before a mutually agreed upon Mediator/he shall notify the immediate supervisor Arbitrator who shall forward specializes in cases of harassment or sexual harassment.
(i) Dismiss the complaint, along with ;
(ii) Determine the investigation and attempts at resolution shall appropriate level of discipline to be forwarded applied to the President offender, and
(iii) Make further recommendations as is necessary to provide a final and conclusive settlement of the College. The President of the College, or her/his designee, shall meet with the complainant and the unit member in an attempt to reach a resolution. The unit member shall have the right to representation of her/his choice at this meeting. If the complainant does not attend the meeting, or if a resolution is not reached, the President of the College shall forward to the complainant and the unit member a recommended resolution in writingcomplaint.
10. Within five (5) working days after receipt of the written resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the President of the College, who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the District, Office of the Chancellor.
11. The Chancellor’s designee may meet with the complainant and/or the unit member. Such meeting shall be held not more than five (5) working days following receipt of the appeal. The unit member shall have the right to representation of her/his choice at this meeting. The Chancellor or his/her designee shall issue a decision regarding the complaint, a copy of which shall be provided to both the complainant and the unit member.
Appears in 1 contract
Samples: Collective Agreement
COMPLAINT PROCEDURES. The District and All other grievances or complaints must be taken to the Association agree that prompt person who issued the discipline. Unresolved grievances or complaints facilitate an appropriate and satisfactory resolutionwill proceed through the department's chain of command as established by the department head.
(1) An employee or employee bargaining group may file a complaint. No discipline, dismissal, placement of material in the unit member’s file or other adverse action All complaints shall be predicated upon complaints, information or material of in writing on a derogatory or critical nature which has been received form provided by the District from pupils, parents, District employees, public agencies, and/or human resources director and shall be submitted to the public unless these procedures have been followed:
1. Each written complaint must be filed immediately but no later than human resources department within ten (10) working days after the date following knowledge of the incident that resulted in basis for the complaint. Written complaints pursuant to this Article shall be submitted The human resources department will refer the complaint to the immediate supervisor, who is the manager, department head of the unit memberappropriate department. Such No complaint may be filed when a grievance has been or is filed related to the same issues. The department head will have ten (10) working days from the day the complaint is received from the human resources department to try to informally resolve the complaint. The department head will provide the human resources department and the employee or employee bargaining group with a notice of the outcome of the informal discussions on a form provided by the human resources department. Grievances or complaints must be taken to the person who issued the discipline within seven (7) working days following knowledge of the occurrence of the problem. If possible, the grievance or complaint should be settled at this level through discussions with the involved parties. If informal discussions do not resolve the issue, the employee may sign and submit a written grievance or complaint to the human resources department within this same seven-day time period. The human resources department shall be submitted in writingassign the grievance or complaint a number for tracking purposes and immediately forward it to the relevant supervisor. The written grievance or complaint shall set forth in detail all of the facts upon which the complaint is based, including but not limited to names, dates must describe specific circumstances and other specific details, shall be signed and dated by the complainant, and shall state the requested remedy.
2remedial action requested. A copy of The person who issued the written complaint discipline shall be forwarded to the unit member not more than have five (5) working days following its from receipt by of the immediate supervisor. No action shall be taken by the District on an oral and/or anonymous complaintgrievance or complaint to respond in writing.
(2) If at the end of ten (10) working days the complaint has not been resolved to the satisfaction of the employee or employee bargaining group, the employee or employee bargaining group may submit a request for elevated review to the human resources department within five (5) working days.
(3) If at the end of ten (10) working days of conciliation efforts, or at the conclusion of the mediation, the issue is not resolved, the employee or employee bargaining group may request in writing that the original complaint be forwarded to the city manager for determination. The unit member shall have the right to attempt resolution of the complaint at this point without further involvement of the administration. The unit member shall schedule a meeting with complainant to do so request must be made within five (5) working days of receipt the conclusion of the complaint and the meeting will take place within a reasonable amount of time followingconciliation or mediation. A written summary of the meeting will be developed by those present which includes the resolution, roles and responsibilities of those implementing the resolution, and a timeline for implementation.
4. Should the unit member believe the allegations in the complaint warrant a meeting or because of the lack of a mutually agreeable resolution, s/he shall request that the immediate supervisor attempt to schedule a meeting between the unit member and the complainant to be facilitated by the immediate supervisor. Such meeting shall be scheduled by mutual consent within a reasonable amount of time.
5. If a complaint is filed by a parent, the unit member may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant refuses to attend the meeting, the complaint shall neither be placed in the personnel file nor shall it be utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member.
6. Should there be no resolution as a result of Step 3 above, the immediate supervisor shall request that the member of the public meet with her/him to discuss the complaint. If a parent files a complaint, on behalf of the minor student, the supervisor may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant does not attend the conference and there is no evidence to substantiate the complaint other than the oral testimony of the complainant, or minor student, no record of the complaint shall be placed in the personnel file and the matter shall be considered closed.
7. The immediate supervisor shall meet to discuss the complaint with the unit member. After the immediate supervisor has reviewed the complaint and has met with the unit member, s/he may request that the complainant meet with him or her, with or without the unit member, to attempt to resolve the complaint. Such meeting shall be held within the next five Within ten (5) working days.
8. After following the procedures set forth in this Step 7 above, and within 3 (three10) working days following said meetingof such a request, the immediate supervisor human resources director shall forward make a recommendation to the complainant city manager and the unit member a recommended resolution in writing.
9. Within five (5) working days after receiving the recommended resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the immediate supervisor who shall forward the complaint, along with the investigation department response, and attempts at resolution shall be forwarded all other written material deemed relevant to the President of the College. The President of the College, or her/his designee, shall meet with the complainant and the unit member in an attempt to reach a resolution. The unit member shall have the right to representation of her/his choice at this meetingcity manager. If the complainant step (2) does not attend satisfactorily resolve the meeting, grievance or if a resolution is not reachedcomplaint, the President of employee or department head may forward all written documentation concerning the College shall forward case to the complainant and the unit member a recommended resolution in writing.
10. Within five (5) working days after receipt of the written resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the President of the College, who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the District, Office of the Chancellor.
11. The Chancellor’s designee may meet with the complainant and/or the unit member. Such meeting shall be held not more than director for assistance within five (5) working days following step (2). The director will provide a response to the parties involved within seven (7) working days of receipt of the appealrequest. Organized employee groups may arrange to modify this step, allowing the negotiating teams an opportunity to meet and resolve the grievance or complaint. The unit member shall have city's representative would be the right to representation of her/his choice at this meetingdirector, and the duly authorized and recognized employee representative(s) would represent the employee(s). The Chancellor If the negotiating teams do not resolve the grievance or his/her designee shall issue a decision regarding the complaint, a copy the documentation may be forwarded directly to the city manager or in cases of which shall be provided suspensions, dismissals, or disciplinary demotions, to both the complainant and the unit memberpersonnel advisory board pursuant to section 19-239.
(4) The city manager shall, within fourteen (14) working days:
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINT PROCEDURES. The District and the Association agree that prompt complaints facilitate Employee may approach Management as an appropriate and satisfactory resolution. No discipline, dismissal, placement informal option of material in the unit member’s file resolving a complaint of harassment or other adverse action shall be predicated upon complaints, information or material of a derogatory or critical nature which has been received by the District from pupils, parents, District employees, public agencies, and/or the public unless these procedures have been followed:
1. Each written complaint must be filed immediately but no later than ten (10) working days after the date of the incident that resulted in the complaint. Written complaints pursuant to this Article shall be submitted to the immediate supervisor, who is the manager, of the unit member. Such complaints shall be submitted in writing. The written complaint shall set forth in detail all of the facts upon which the complaint is based, including but not limited to names, dates and other specific details, shall be signed and dated by the complainantsexual harassment, and shall state be accompanied by a Shop Xxxxxxx if he so requests. In the requested remedy.event that informal options are inappropriate or unsuccessful in addressing a complaint, the following shall apply:
2. A copy a. An Employee who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within thirty (30) days of the written complaint latest alleged occurrence, through the designated Union Representative, directly to the Human Resource Manager. Complaints of this nature shall be forwarded treated in strict confidence by both the Union and the Company;
b. An Alleged Offender shall be given notice of the substance of such a complaint under this Article and shall be entitled to attend, participate in, and be represented at any hearing under this Article;
c. The Human Resource Manager and the Union Representative shall investigate the complaint and shall submit a joint report to the unit member not more than five Plant Manager, in writing, within fifteen (515) working days following its receipt by the immediate supervisor. No action shall be taken by the District on an oral and/or anonymous complaint.
3. The unit member shall have the right to attempt resolution of the complaint at this point without further involvement of the administration. The unit member shall schedule a meeting with complainant to do so within five (5) working days of receipt of the complaint and the meeting will take place complaint. The Plant Manager shall, within a reasonable amount ten (10) days of time following. A written summary receipt of the meeting will report, give such directives as may be developed by those present which includes the resolution, roles and responsibilities of those implementing the resolution, and a timeline for implementation.
4. Should the unit member believe the allegations in the complaint warrant a meeting or because of the lack of a mutually agreeable resolution, s/he shall request that the immediate supervisor attempt to schedule a meeting between the unit member and the complainant to be facilitated by the immediate supervisor. Such meeting shall be scheduled by mutual consent within a reasonable amount of time.
5. If a complaint is filed by a parent, the unit member may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant refuses to attend the meeting, the complaint shall neither be placed in the personnel file nor shall it be utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member.
6. Should there be no resolution as a result of Step 3 above, the immediate supervisor shall request that the member of the public meet with her/him to discuss the complaint. If a parent files a complaint, on behalf of the minor student, the supervisor may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant does not attend the conference and there is no evidence to substantiate the complaint other than the oral testimony of the complainant, or minor student, no record of the complaint shall be placed in the personnel file and the matter shall be considered closed.
7. The immediate supervisor shall meet to discuss the complaint with the unit member. After the immediate supervisor has reviewed the complaint and has met with the unit member, s/he may request that the complainant meet with him or her, with or without the unit member, to attempt necessary to resolve the issue;
d. The Plant Manager may take interim measures to separate the Employees concerned if deemed necessary, pending determination and resolution of the complaint. Such meeting shall ;
e. In cases where harassment may result in the transfer of an Employee, every effort will be held within made to relocate the next five (5) working days.Alleged Offender; except that the Harassee may be transferred with his written consent;
8. After following f. Where the procedures set forth in this Step 7 aboveComplainant, the Alleged Offender, and within 3 (three) working days following said meeting, the immediate supervisor shall forward to the complainant and the unit member a recommended resolution in writing.
9. Within five (5) working days after receiving the recommended resolution, if either the complainant or the unit member is not Union are satisfied with the resolutionPlant Manager’s decision, s/he shall notify the immediate supervisor who shall forward the complaint, along with the investigation and attempts at resolution procedure shall be forwarded at an end and not subject to the President of the College. The President of the College, or her/his designee, shall meet with the complainant and the unit member in an attempt to reach a resolution. The unit member shall have the right to representation of her/his choice at this meeting. If the complainant does not attend the meeting, or if a resolution is not reached, the President of the College shall forward to the complainant and the unit member a recommended resolution in writing.
10. Within five (5) working days after receipt of the written resolution, if either the complainant further proceedings or the unit member is not satisfied with the resolution, s/he shall notify the President of the College, who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the District, Office of the Chancellor.
11. The Chancellor’s designee may meet with the complainant and/or the unit member. Such meeting shall be held not more than five (5) working days following receipt of the appeal. The unit member shall have the right to representation of her/his choice at this meeting. The Chancellor or his/her designee shall issue a decision regarding the complaint, a copy of which shall be provided to both the complainant and the unit member.grievance procedure;
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINT PROCEDURES. The District and All other grievances or complaints must be taken to the Association agree that prompt person who issued the discipline. Unresolved grievances or complaints facilitate an appropriate and satisfactory resolutionwill proceed through the department's chain of command as established by the department head.
(1) An employee or employee bargaining group may file a complaint. No discipline, dismissal, placement of material in the unit member’s file or other adverse action All complaints shall be predicated upon complaints, information or material of in writing on a derogatory or critical nature which has been received form provided by the District from pupils, parents, District employees, public agencies, and/or human resources director and shall be submitted to the public unless these procedures have been followed:
1. Each written complaint must be filed immediately but no later than human resources department within ten (10) working days after the date following knowledge of the incident that resulted in basis for the complaint. Written complaints pursuant to this Article shall be submitted The human resources department will refer the complaint to the immediate supervisor, who is the manager, department head of the unit memberappropriate department. Such No complaint may be filed when a grievance has been or is filed related to the same issues. The department head will have ten (10) working days from the day the complaint is received from the human resources department to try to informally resolve the complaint. The department head will provide the human resources department and the employee or employee bargaining group with a notice of the outcome of the informal discussions on a form provided by the human resources department. Grievances or complaints must be taken to the person who issued the discipline within seven (7) working days following knowledge of the occurrence of the problem. If possible, the grievance or complaint should be settled at this level through discussions with the involved parties. If informal discussions do not resolve the issue, the employee may sign and submit a written grievance or complaint to the human resources department within this same seven-day time period. The human resources department shall be submitted in writingassign the grievance or complaint a number for tracking purposes and immediately forward it to the relevant supervisor. The written grievance or complaint shall set forth in detail all of the facts upon which the complaint is based, including but not limited to names, dates must describe specific circumstances and other specific details, shall be signed and dated by the complainant, and shall state the requested remedy.
2remedial action requested. A copy of The person who issued the written complaint discipline shall be forwarded to the unit member not more than have five (5) working days following its from receipt by of the immediate supervisor. No action shall be taken by the District on an oral and/or anonymous complaintgrievance or complaint to respond in writing.
(2) If at the end of ten (10) working days the complaint has not been resolved to the satisfaction of the employee or employee bargaining group, the employee or employee bargaining group may submit a request for elevated review to the human resources department within five (5) working days.
(3) If at the end of ten (10) working days of conciliation efforts, or at the conclusion of the mediation, the issue is not resolved, the employee or employee bargaining group may request in writing that the original complaint be forwarded to the city manager for determination. The unit member shall have the right to attempt resolution of the complaint at this point without further involvement of the administration. The unit member shall schedule a meeting with complainant to do so request must be made within five (5) working days of receipt the conclusion of the complaint and the meeting will take place within a reasonable amount of time followingconciliation or mediation. A written summary of the meeting will be developed by those present which includes the resolution, roles and responsibilities of those implementing the resolution, and a timeline for implementation.
4. Should the unit member believe the allegations in the complaint warrant a meeting or because of the lack of a mutually agreeable resolution, s/he shall request that the immediate supervisor attempt to schedule a meeting between the unit member and the complainant to be facilitated by the immediate supervisor. Such meeting shall be scheduled by mutual consent within a reasonable amount of time.
5. If a complaint is filed by a parent, the unit member may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant refuses to attend the meeting, the complaint shall neither be placed in the personnel file nor shall it be utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member.
6. Should there be no resolution as a result of Step 3 above, the immediate supervisor shall request that the member of the public meet with her/him to discuss the complaint. If a parent files a complaint, on behalf of the minor student, the supervisor may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant does not attend the conference and there is no evidence to substantiate the complaint other than the oral testimony of the complainant, or minor student, no record of the complaint shall be placed in the personnel file and the matter shall be considered closed.
7. The immediate supervisor shall meet to discuss the complaint with the unit member. After the immediate supervisor has reviewed the complaint and has met with the unit member, s/he may request that the complainant meet with him or her, with or without the unit member, to attempt to resolve the complaint. Such meeting shall be held within the next five Within ten (5) working days.
8. After following the procedures set forth in this Step 7 above, and within 3 (three10) working days following said meetingof such a request, the immediate supervisor human resources director shall forward make a recommendation to the complainant city manager and the unit member a recommended resolution in writing.
9. Within five (5) working days after receiving the recommended resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the immediate supervisor who shall forward the complaint, along with the investigation department response, and attempts at resolution shall be forwarded all other written material deemed relevant to the President of the College. The President of the College, or her/his designee, shall meet with the complainant and the unit member in an attempt to reach a resolution. The unit member shall have the right to representation of her/his choice at this meetingcity manager. If the complainant step (2) does not attend satisfactorily resolve the meeting, grievance or if a resolution is not reachedcomplaint, the President of employee or department head may forward all written documentation concerning the College shall forward case to the complainant and the unit member a recommended resolution in writing.
10. Within five (5) working days after receipt of the written resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the President of the College, who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the District, Office of the Chancellor.
11. The Chancellor’s designee may meet with the complainant and/or the unit member. Such meeting shall be held not more than director for assistance within five (5) working days following step (2). The director will provide a response to the parties involved within seven (7) working days of receipt of the appealrequest. Organized employee groups may arrange to modify this step, allowing the negotiating teams an opportunity to meet and resolve the grievance or complaint. The unit member shall have city's representative would be the right director, and the duly authorized and recognized employee representative(s) would represent the employee(s). If the negotiating teams do not resolve the grievance or complaint, the documentation may be forwarded directly to representation the city manager or in cases of her/his choice at this meetingsuspensions, dismissals, or disciplinary demotions, to the personnel advisory board pursuant to section 19-239.
(4) The city manager shall, within fourteen (14) working days:
(a) Make a final determination; or
(b) Take no action and thereby uphold the human resources director’s recommendation, making the recommendation final. Unresolved grievances or complaints involving concerns other than suspensions without pay, dismissals, or disciplinary demotions may be filed with the city manager's office within seven (7) working days of receipt of the director's response. The Chancellor or his/her designee city manager shall issue render a decision regarding the complaintwithin fifteen (15) working days, a copy of which and this decision shall be final and binding.
(5) No complaint may be filed for the purpose of harassing or annoying any person. The filing of complaints for that purpose may be grounds for disciplinary action or being barred from filing complaints. Prior to the expiration of reply deadlines set out herein, the human resources director may, under reasonable circumstances, grant extensions to such deadlines.
(6) Grievances or complaints which are not specifically resolved and not continued by the employee within the aforementioned time sequences shall be considered as satisfied and not subject to further consideration. Grievance or complaint responses by duly authorized management representatives which are contrary to established time sequences shall automatically proceed to the next higher authority or step in the grievance/complaint procedure.
(7) Employees may, at their discretion, give written permission on a form to be provided by the human resources department to both be represented at any stage of the complainant grievance or complaint procedure by representatives of their choosing. A represented employee shall participate fully at all stages of the grievance. All documents and other submissions by employee's representative shall be read and signed by the unit memberemployee to verify that submission is truthful and accurate. Employees and their representatives may, with the permission of their supervisors, be granted time off with pay for the purpose of necessary discussions and conferences with city supervisors and administrators relating to the resolution of specific grievances and complaints.
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINT PROCEDURES. i. A definition of the term harassment.
ii. The name or title, office address, and telephone number for the District employee(s) responsible for receiving and investigating reports of harassment and retaliation.
iii. Description of the Association agree procedures that prompt complaints facilitate an appropriate will be used to receive, investigate and satisfactory resolution. No discipline, dismissal, placement of material in the unit member’s file or other adverse action shall be predicated upon resolve complaints, information or material including how to file complaints, the availability of a derogatory or critical nature which has been received by interim measures, the District from pupilssteps that will be taken as part of the complaint investigation, parents, District employees, public agencies, and/or and notice of the public unless these outcome to the complaint. The description of the procedures have been followedwill include the following:
1. Each written complaint must be filed immediately but no later than ten (10) working days after the date of the incident that resulted in A requirement for documented interviews with individuals who have information about the complaint. Written complaints pursuant to this Article shall be submitted to the immediate supervisor, who is the manager, of the unit member. Such complaints shall be submitted in writing. The written complaint shall set forth in detail all of the facts upon which the complaint is based, including but not limited to namesto, dates and other specific details, shall be signed and dated by the complainant, the person accused of discrimination, witnesses, and shall state the requested remedyanyone mentioned as having relevant information.
2. A copy Review of the written complaint shall be forwarded any records, notes, statements, or other documents related to the unit member not more than five (5) working days following its receipt by the immediate supervisor. No action shall be taken by the District on an oral and/or anonymous complaint.
3. The unit member shall have the right to attempt resolution Notice of the complaint at this point without further involvement outcome of the administration. complaint, including:
(a) The unit member shall schedule a meeting with findings of fact based on the evidence gathered;
(b) As to each allegation, the District’s conclusion(s) as to whether discrimination occurred, and the reasons or rationale for such conclusion(s);
(c) The consequences imposed on any individual(s) found to have engaged in discrimination that relate to the subject of the complaint; and,
(d) Notice to the complainant to do so within five (5) working days of receipt immediately report any recurrence of the complaint and conduct or of acts of retaliation to the meeting will take place within a reasonable amount of time following. A written summary of the meeting will be developed by those present which includes the resolution, roles and responsibilities of those implementing the resolution, and a timeline for implementationDistrict.
4. Should An expressed commitment that after a finding of discrimination, the unit member believe District will take appropriate remedial action to eliminate the allegations discriminatory conduct, to prevent its recurrence, and to address its effects on the complainant and any other affected individuals. Examples of appropriate action may include:
(a) Interventions for the individual who engaged in the complaint warrant a meeting discrimination, such as parent or because of the lack of a mutually agreeable resolutionsupervisor notification, s/he shall request that the immediate supervisor attempt to schedule a meeting between the unit member and the complainant to be facilitated by the immediate supervisor. Such meeting shall be scheduled by mutual consent within a reasonable amount of timediscipline, counseling, or training.
5. If a complaint is filed by a parent, the unit member may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant refuses to attend the meeting, the complaint shall neither be placed in the personnel file nor shall it be utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member.
6. Should there be no resolution as a result of Step 3 above, the immediate supervisor shall request that the member of the public meet with her/him to discuss the complaint. If a parent files a complaint, on behalf of the minor student, the supervisor may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant does not attend the conference and there is no evidence to substantiate the complaint other than the oral testimony of (b) Interventions for the complainant, or minor studentsuch as counseling, no record academic support, and information on how to report further incidents of the complaint shall be placed in the personnel file and the matter shall be considered closeddiscrimination.
7. The immediate supervisor shall meet to discuss the complaint with the unit member. After the immediate supervisor has reviewed the complaint and has met with the unit member, s/he may request that the complainant meet with him or her, with or without the unit member, to attempt to resolve the complaint. Such meeting shall be held within the next five (5c) working days.
8. After following the procedures set forth in this Step 7 above, and within 3 (three) working days following said meeting, the immediate supervisor shall forward to Separating the complainant and the unit member a recommended resolution individual who engaged in writingthe discrimination, provided the separation does not penalize the complainant.
9. Within five (5d) working days after receiving the recommended resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the immediate supervisor who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the President of the College. The President of the College, or her/his designee, shall meet Follow-up inquiries with the complainant and witnesses to ensure that the unit member discriminatory conduct has stopped and that they have not experienced any retaliation.
(e) Training or other interventions for the larger school community to ensure that students, staff, and parents understand the types of behavior that constitute discrimination, that the District does not tolerate it, and how to report it.
iv. A statement that retaliation against persons who report harassment or participate in an attempt related proceedings is prohibited. Reporting Requirement (3)(a). Within 60 calendar days of the signing of this Agreement, the District will submit to reach OCR documentation that demonstrates the District has: (i) identified all relevant policies and procedures; (ii) convened a resolutiongroup of District staff for review; and, (iii) revised the policies and procedures pursuant to the requirements of Item 3 of this Agreement. The unit member shall have the right to representation of her/his choice at this meeting. If the complainant does not attend the meeting, or if District will include in its submission a resolution is not reached, the President draft of the College shall forward to proposed revisions1 for OCR review and approval. The District will promptly and fully address OCR’s feedback, if any, until the complainant and the unit member a recommended resolution in writing.
10. Within five (5) working days after receipt District receives OCR’s final approval of the written resolutionrevised policies and procedures, and notice from OCR that no further reporting is required for Reporting Requirement (3)(a). 1 The District will submit the revised policies and procedures by submitting a: (i) red-lined version of the proposed changes, and (ii) clean copy of the proposed final policies and procedures. disseminated the adopted policies and procedures to all District staff. The District will promptly and fully address OCR’s concerns, if either any, until the complainant or the unit member District receives notice from OCR that no further reporting is not satisfied with the resolution, s/he shall notify the President of the College, who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the District, Office of the Chancellorrequired for Reporting Requirement (3)(b).
11. The Chancellor’s designee may meet with the complainant and/or the unit member. Such meeting shall be held not more than five (5) working days following receipt of the appeal. The unit member shall have the right to representation of her/his choice at this meeting. The Chancellor or his/her designee shall issue a decision regarding the complaint, a copy of which shall be provided to both the complainant and the unit member.
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Samples: Resolution Agreement
