Definitions of a Grievance and Grievant Sample Clauses

Definitions of a Grievance and Grievant. A. 1. A grievance under Article X is an allegation that, in the course of an evaluation which resulted in failure to award reappointment, promotion, and/or tenure: a. there occurred a material procedural violation of (i) the Academic Reappointment/Promotion Instructions and/or their appendices applicable in the year in which the grievant was evaluated, and/or (ii) Article XIV of this Agreement, and/or (iii) a University regulation or an established practice of the University related to reappointment or promotion. An established practice within the meaning of this Article is one which is not inconsistent with either a University Regulation or a provision of this Agreement. A violation is material if it has an important influence or effect upon the evaluation. A. 1 b. the evaluation was based on (i) discrimination [see Article IV – “Non Discrimination”] by an evaluator against the grievant or, (ii) enmity by an evaluator against the grievant.
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Definitions of a Grievance and Grievant. A. 1. A grievance under Article 10 is an allegation that, in the course of an evaluation which resulted in failure to award reappointment, promotion, and/or tenure: a. there occurred a material procedural violation of (i) the Academic Reappointment/Promotion Instructions and/or their appendices applicable in the year in which the grievant was evaluated, and/or (ii) Article 14 of this Agreement, and/or (iii) a University Policy or an established practice of the University related to reappointment or promotion. An established practice within the meaning of this Article is one which is not inconsistent with either a University Policy or a provision of this Agreement. A violation is material if it has an important influence or effect upon the evaluation.
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Definitions of a Grievance and Grievant. A grievance under Article 10.A is an allegation that, in the course of an evaluation which resulted in failure to award reappointment, promotion, and/or tenure:
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Definitions of a Grievance and Grievant. A. 1. A grievance under Appendix B is an allegation that, in the course of an evaluation which resulted in failure to award reappointment, promotion and/or tenure: a. tThere occurred a material procedural violation of (i) the Academic Reappointment/Promotion Instructions and/or their appendices applicable in the year in which the grievant was evaluated, and/or (ii) the RBHS Policies and Guidelines Governing Appointments, Promotions, and Professional Activities of the Faculty, and/or (iii) a University policy regulation or an established practice of the University related to reappointment or promotion. An established practice within the meaning of this Appendix is one which is not inconsistent with either a University Regulation Policy or a provision of this Agreement. A violation is material if it has an important influence or effect upon the evaluation. or
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Definitions of a Grievance and Grievant. A. 1. A grievance under Article 10.A is an allegation that, in the course of an evaluation which resulted in failure to award reappointment, promotion, and/or tenure: a. there occurred a material procedural violation of (i) the Academic Reappointment/Promotion Instructions and/or their appendices applicable in the year in which the grievant was evaluated, and/or (ii) Articles 14.A or 14B of this Agreement, and/or (iii) a University Policy or an established practice of the University related to reappointment or promotion, and/or (iv) the RBHS Policies and Guidelines Governing Appointments, Promotions and Professional Activities of the Faculty (applicable only to Legacy BHSNJ unit members). An established practice within the meaning of this Article is one which is not inconsistent with either a University Policy or a provision of this Agreement. A violation is material if it has an important influence or effect upon the evaluation.
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Definitions of a Grievance and Grievant. A. 1. A grievance under Article X is an allegation that, in the course of an evaluation which resulted in failure to award reappointment, promotion, and/or tenure: a. there occurred a material procedural violation of (i) the Academic Reappointment/Promotion Instructions and/or their appendices applicable in the year in which the grievant was evaluated, and/or (ii) Article XIV of this Agreement, and/or (iii) a University regulation or an established practice of the University related to reappointment or promotion. An established practice within the meaning of this Article is one which is not inconsistent with either a University Regulation or a provision of this Agreement. A violation is material if it has an important influence or effect upon the evaluation. b. the evaluation was based on (i) discrimination by an evaluator against the grievant because of race, creed, color, sex, religion, national origin, marital status, age, disability, status as a Vietnam-era or disabled veteran, sexual orientation, membership or nonmembership in or activity on behalf of or in opposition to the AAUP, or (ii) enmity by an evaluator against the grievant.
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Definitions of a Grievance and Grievant. A. 1. A grievance under Article XXX is an allegation that, in the course of an evaluation which resulted in failure to award reappointment, promotion and/or tenure: a. there occurred a material procedural violation of (i) the Academic Reappointment/Promotion Instructions and/or their appendices applicable in the year in which the grievant was evaluated, and/or (ii) the RBHS Policies and Guidelines Governing Appointments, Promotions, and Professional Activities of the Faculty, (iii) Article XXXVI of this Agreement, and/or (iv) a University Policy or an established practice of the University related to reappointment or promotion. An established practice within the meaning of this Article is one which is not inconsistent with either a University Policy or a provision of this Agreement. A violation is material if it has an important influence or effect upon the evaluation. or A. 1. b. the evaluation was based on (i) discrimination1 by an evaluator or evaluative body against the grievant or, (ii) enmity by an evaluator or evaluative body against the grievant. or
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Definitions of a Grievance and Grievant. A. 1. A grievance under this - Article VI - is an allegation that, in the course of an evaluation which resulted in failure to award reappointment, promotion and/or tenure: A. 1. a. there occurred a material procedural violation of i - the Academic Reappointment/Promotion Instructions and/or their appendices applicable in the year in which the grievant was evaluated, and/or ii - Article #TBD - of this Agreement, and/or iii - a University regulation or an established practice of the University related to reappointment or promotion. An established practice within the meaning of this Article is one which is not inconsistent with either a University Regulation or a provision of this Agreement. A violation is material if it has an important influence or effect upon the evaluation. A. 1 b. the evaluation was based on 1 - discrimination [see Article XXIV - “Non Discrimination”] by an evaluator against the grievant or, ii - enmity by an evaluator against the grievant.
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Related to Definitions of a Grievance and Grievant

  • Definition of Grievance A grievance shall be defined as any difference arising out of the interpretation, application, administration, or alleged violation of the Collective Agreement.

  • Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement.

  • PROFESSIONAL GRIEVANCE PROCEDURE A. Any claim by the Association or a teacher that there has been a violation, misinterpretation, or misapplication of the terms of the Agreement or violation of any established policy shall be a grievance and shall be resolved through the procedure set forth herein. B. In the event that a teacher, or the Association believes there is a basis for a grievance, the teacher or representative of the Association within thirty (30) working days of the time the teacher knew of the circumstances giving rise to the grievance, shall first discuss the alleged grievance with the building principal either personally or accompanied by the Association Representative. The grievance process may begin at the Superintendent’s level when the building principal is not involved with an alleged incident. C. If, as a result of the informal discussion with the building principal, a grievance still exists, the teacher or representative of the Association may, within ten (10) working days, invoke the formal grievance procedure through the Association on the grievance report form, signed by the grievant and a representative of the Association. Said form shall be available from the Association Representative in each building. A copy of the grievance form shall be delivered to the building principal, it may be filed with the Superintendent or a representative designated by him. D. Within five (5) working days of receipt of the grievance the principal shall meet with the Association in an effort to resolve the grievance. The principal shall indicate his/her disposition of the grievance in writing within five (5) working days of such meeting and shall furnish a copy thereof to the Association. If the Association desires to proceed to the next step, it shall do so within fifteen (15) calendar days of the principal’s disposition. E. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) working days of such meeting (or ten [10] working days from the date of filing, whichever shall be later) the grievance shall be transmitted to the Superintendent. Within seven (7) working days the Superintendent or his/her designee, shall meet with the Association concerning the grievance and shall indicate his/her disposition of the grievance in writing within five (5) working days of such meeting, and shall furnish a copy thereof to the Association. F. If the Association is not satisfied with the disposition of the superintendent, or if no disposition has been received within five (5) working days of such meeting the Association may proceed to a Board Level Hearing. This grievance hearing shall be heard in closed session, so long as it does not violate the open meetings act. If the grievance is not settled at the preceding step, it may be submitted to binding arbitration. Within fifteen (15) working days of the receipt of the Superintendent’s answer, the party choosing to arbitrate must give written notice to the other party, setting forth specifically the nature of the dispute to be arbitrated. The charging party shall file a Demand for Arbitration with the American Arbitration Association within fifteen (15) days from the notification date that arbitration will be pursued. The arbitrator shall be selected by the American Arbitration Association in accordance with its rules, which shall likewise govern the arbitration proceedings. G. The arbitrator shall have no power to rule on any of the following: 1. The termination of services of or failure to re-employ any probationary teacher. 2. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including any matter subject to the procedures specified in the Teacher’s Tenure Act (Act IV Public Acts, Extra Session of 1937 of Michigan, as amended). 3. Any matter involving the content of a teacher evaluation. H. The Board and the Association shall not be permitted to assert in such arbitration proceedings any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the decision of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. I. The fees and expense of the arbitrator shall be shared equally by both parties. J. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.

  • Grievance Definitions A grievance shall be defined as any difference arising out of an interpretation, application, administration or alleged violation of this Collective Agreement. A grievance shall be categorized as follows: (a) an individual grievance is a dispute affecting one (1) Employee. Such grievance shall be initiated at Step 1 of the grievance procedure as outlined in Clause 8.05 except in cases of suspension which will commence at Step 2 or dismissal which will commence at Step 3; or (b) a group grievance is a dispute affecting two (2) or more Employees. Such grievance shall be initiated at Step 2 and processed there from in the same manner as an individual grievance as outlined in Clause 8.05. A group grievance shall list all Employees affected by the grievance and the results of such grievance shall apply, proportionately if applicable, to all Employees listed on the original grievance; or (c) a policy grievance is a dispute between the Parties which, due to its nature, is not properly the subject of an individual or group grievance. Such grievance shall be initiated, in writing, within twenty (20) days of the date the aggrieved Party first became aware of or reasonably should have become aware of the event leading to the grievance. If the policy grievance is a Union grievance, it shall commence at Step 2. If the policy grievance is an Employer grievance, it shall be directed to the Union President and the President shall render a written reply within five (5) days of receipt. Upon receipt of response or failure to reply, the Employer may advance the grievance to arbitration. Notwithstanding Clause 8.01(a), (b) and (c) and Clause 8.05 the Parties may mutually agree to advance the grievance to a subsequent step in the grievance process. In the event any management officers as named in the grievance steps are one and the same, the subsequent steps will be deemed to have been complied with.

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