Formal grievance proceedings shall be initiated by formal written notice of grievance to the other Party. Notice of grievance shall specify the provision or provisions of this Agreement at issue in the dispute, including also, where appropriate, reference to past practices or other established procedures incorporated in this Agreement by articles of inclusion, and the remedy or remedies being sought.
Formal. If the grievance is not satisfactorily resolved in Step 1 and the UNION wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be referred, in writing, to the Department Head or his/her designated representative and to the Labor Relations Director or his/her designee within fourteen (14) calendar days after the designated supervisor's answer as provided for in Section 3, Step 1-B. The grievance appeal shall be initiated by means of a written grievance to be signed by the employee and the union representative. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the AGREEMENT allegedly violated, and the relief requested. The Department Head and/or his/her designated representative shall discuss the grievance with the UNION within fourteen (14) calendar days after the date presented at a time agreeable to the parties. If the grievance is resolved as a result of such a meeting, the settlement shall be reduced to writing and signed by the Department Head or his/her designated representative and the union representative. If no settlement is reached, the Department Head or his/her designated representative shall give written answer to the union representative within fourteen (14) calendar days following their meeting.
Formal. Step One: If for any reason the grievance is not resolved informally, the employee must, within five (5) workdays after receipt of the administrator's oral answer or twenty (20) workdays from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided in the negotiated agreement. The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays after receipt of the written grievance, with a copy to the Superintendent and the Association. Step Two: Unless the parties agree to adopt the report of the administrator, it may be submitted to the Superintendent or their designee within five (5) workdays of the Step One report. The Superintendent, or their designee, and the aggrieved employee, and their representative(s) shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matter. The Superintendent shall communicate their decision, in writing, to the aggrieved employee and the Association within five (5) workdays after the hearing. Step Three: Within ten (10) days after receiving the decision of the Superintendent, an appeal from the decision may be made to the Board. It shall be in writing and accompanied by a copy of the decision at Step Two. No later than twenty (20) workdays after receiving the appeal, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. Step Four: If the grievance is not resolved satisfactorily to the Association after consideration by the Superintendent in Step Two, or the Board in Step Three, the grievance may be submitted solely by the Association or the Board to arbitration if a request is made for arbitration within ten (10) workdays.
Formal written annual evaluations shall be completed for each faculty member at the direction of the department head in accordance with departmental bylaws and this Agreement, with the exception of Tenured Professors and Continuing Contract Status faculty at the rank of Professor, who will be evaluated every five (5) years. Additionally, tenured and Continuing Associate Professors have the option to submit two- (2) year evaluations instead of annual evaluations.
a. For Tenured Professors and Continuing Contract Status faculty at the rank of Professor, one or more annual evaluations prior to the scheduled five (5) year review may be required upon mutual request of the departmental evaluation committee and the department head. Such a request shall be non-grievable. Tenured or Continuing Contract Status faculty at the rank of Professor for whom additional evaluations are requested must show demonstrable success in achieving accomplishments appropriate for their current rank as required by this Agreement and their department bylaws. The department evaluation committee, the department head, and xxxx shall determine whether the faculty member met the criteria. Once these entities have mutually agreed that the faculty member achieves the criteria, the faculty member will resume the five
Formal. If the grievance is not resolved informally, it shall be reduced to writing by the grievant who shall submit it to the supervisor within fourteen (14) calendar days after the facts upon which the grievance is based first occur or first become known to the employee. Included in the written grievance shall be:
Formal. (a) Where the Employee’s work performance is not at an acceptable standard following the process in subclause 15.2 or it was not appropriate to deal with the concerns informally, the Employer may initiate a formal performance management process.
(b) The Employer will provide to the Employee in writing:
(i) details of the performance concerns including, where relevant, material that supports those concerns; and
(ii) notice of the Employee’s right to be represented by a Union or other representative.
(c) The Employer will:
(i) meet with the Employee and, where relevant, the Employee’s representative, to discuss the concerns;
(ii) ensure the Employee is provided with a reasonable opportunity to answer any concerns including a reasonable time to respond;
(iii) give genuine consideration to any response or matters raised by an Employee’s response; and
(iv) if a performance management plan is proposed, consult with the Employee and the Employee’s representative on the content of the plan.
(d) Where, having considered the Employee’s response, the Employer reasonably believes, based on the Employee’s performance, that a performance management plan is appropriate, the Employer will:
(i) provide the performance management plan to the Employee in writing following the consultation referred to at subclause 15.3(c)(iv) above, identifying which aspects of the Employee’s performance are unsatisfactory and the required level of performance which must be reasonable; and
(ii) provide the Employee with a reasonable opportunity to address any concerns over a reasonable time.
Formal. If the aggrieved person is not satisfied by the disposition of the appropriate Central Office Administrator, he/she may seek a hearing with the Superintendent or his/her designee within five (5) days after the written disposition in Level Three by completing Level Four of the Grievance Report Form in triplicate and submitting it to the Superintendent. Within the next five (5) days a hearing shall be arranged between the aggrieved and the Superintendent or his/her designee. The disposition of the Superintendent or his/her designee will be completed within ten (10) days of this meeting. LEVEL FIVE – FORMAL If the Association is not satisfied by the disposition made by the Superintendent or his/her designee, within five (5) days after the written disposition in Level Four, the Association may request a hearing before an arbitrator by completing Level Five of the Grievance Report Form. The Association’s request for arbitration shall be made within five (5) days following the disposition of the grievance in Level Four. The request for arbitration shall be made to the Superintendent. Within five (5) days following receipt by the Superintendent of the request for arbitration, the Association shall mutually petition to the American Arbitration Association to provide both parties with a list of fifteen (15) names from which an arbitrator will be selected by the alternate strike method. A second list of fifteen (15) names may be requested by either party. A toss of the coin shall determine who strikes first. Once the arbitrator has been selected, he/she shall proceed with the arbitration of the grievance pursuant to the current rules and regulations of the American Arbitration Association and this Article. If requested to do so by either party, the arbitrator shall determine in writing whether a grievance is arbitrable in concurrence with AAA Rules and Regulations. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties. The decision of the arbitrator shall be binding on the Association, its members, the employee or employees involved, and the Board of Education. The arbitrator shall not have the authority to add to, subtract from, modify, change, or alter any of the provisions of this collective bargaining contract, nor add to, detract from or modify the language therein in arriving at his/her decision concerning any issue presented that i...
Formal. If the problem is still unresolved after the informal conference, the Grievant shall, within five (5) Days after the conference, present a statement of Grievance in writing to his/her Immediate Supervisor.
a. The Grievance Form (Appendix Section 1) shall be utilized.
b. After the Grievance has been filed, it may be discussed with the Immediate Supervisor through an Association representative.
c. The Immediate Supervisor shall communicate his/her decision to the Grievant and his/her representative, if any, and to the Association in writing within ten (10) Days after receiving the written complaint. (Appendix Section 1).
d. Either party to the Grievance shall have the right to request a conference in order to resolve the Grievance.
Formal. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, a formal grievance may be invoked by the employee within five (5) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and/or by a representative of the BTU-ESP, which form shall be available from the principal or the BTU-ESP. If the grievance involves more than one school building, a group of employees, or arises from an action above the level of the immediate supervisor, it may be initially filed with the Superintendent at Step II and the informal discussion may be waived by BTU-ESP.
Formal. Observation - A written record of an administrator's classroom visit of at least thirty (30) minutes. Evaluation - A written record of an administrator's assessment of a certified/licensed staff member's performance, based on formal and informal observations.
