Common use of Formal Grievance Procedure Clause in Contracts

Formal Grievance Procedure. (a) Step I: The Chancellor shall submit the grievance to a “Grievance Advisory Committee” consisting of two (2) faculty Members chosen by the UNKEA, none of whom is a member of the grievant’s department, and two (2) administrators chosen by the Chancellor, neither of whom has line authority over the grievant. The Committee shall undertake such investigations as it deems necessary, based on the circumstances, and shall issue its recommendation to the Chancellor within twenty-one (21) calendar days. The Chancellor shall issue a written decision within seven (7) calendar days following receipt of the recommendation of the Grievance Advisory Committee. If transcripts of Advisory Committee proceedings and hearings are created, they will be made available to the grievant and involved parties at their request and at their own expense. Step II: (a) The Grievant and/or the UNKEA shall have seven (7) calendar days from receipt of the Chancellor’s decision to appeal that decision to the Board of Regents or its designee. The Board, or its designee, shall schedule a conference at Xxxxxx Xxxx in Lincoln, Nebraska, with the Grievant and/or the UNKEA no sooner than fourteen (14) calendar days and no later than sixty (60) calendar days following the date on which the request for review was received. Upon the request of the grievant the conference may be in the form of a hearing held in accordance with the rules of the Nebraska Supreme Court. The proceedings will be tape-recorded and at the grievant’s request and expense a transcript will be made available. Other expenses of the hearing should any be incurred will be shared equally by the Board and the UNKEA and/or the grievant. The grievant will have the right to be heard and to call witnesses on his/her behalf. The Board, or its designee, shall thereupon undertake such further investigation as it, in its sole discretion, may deem necessary or appropriate and shall, within thirty (30) calendar days following the conclusion of the review conference or hearing, issue its written decision to the Grievant and the UNKEA stating the final position of the University administration with respect to the Grievance.

Formal Grievance Procedure. ‌ All grievances must be filed within twenty-five (a25) days following the act or omission giving rise thereto. The Federation may, in the written grievance which is filed, request the postponement of any action in processing the grievance formally for a period of up to twenty (20) days, during which period efforts to resolve the grievance informally shall be made. No award shall be increased and no additional rights shall be acquired as a result of granting an extension. The Federation may at any time terminate the postponement period by giving written notice to the Chancellor or his/her designee that the Federation wishes to proceed with. Step I: 1 meeting provided below. If the postponement period, or any extension thereof, expires without such written notice, the Federation and the employee grievant shall be deemed to have waived any right to process the grievance further. STEP 1 The Chancellor or his/her designee shall submit conduct a meeting with the employee grievant and the Federation grievance representative no later than twenty (20) days following: (1) receipt of the grievance to a “Grievance Advisory Committee” consisting of two if no postponement is granted; or (2) faculty Members chosen by receipt of written notice that the UNKEAFederation wishes to proceed with the Step 1 meeting. At the conference, none of whom is a member the Federation shall have the right and the obligation to present any and all evidence in support of the grievant’s department, and two (2) administrators chosen by the Chancellor, neither of whom has line authority over the grievant. The Committee shall undertake such investigations as it deems necessary, based on the circumstances, and shall issue its recommendation to the Chancellor within twenty-one (21) calendar daysgrievance. The Chancellor shall or his/her designee must issue a written decision within seven fifteen (715) calendar days following receipt of the recommendation of the Grievance Advisory Committee. If transcripts of Advisory Committee proceedings and hearings are created, they will be made available to the grievant and involved parties at their request and at their own expense. Step II: (a) The Grievant and/or the UNKEA shall have seven (7) calendar days from receipt of the Chancellor’s decision to appeal that decision to the Board of Regents or its designee. The Board, or its designee, shall schedule a conference at Xxxxxx Xxxx in Lincoln, Nebraska, with the Grievant and/or the UNKEA no sooner than fourteen (14) calendar days and no later than sixty (60) calendar days following the date on which the request for review was received. Upon the request of the grievant the conference may be in the form of a hearing held in accordance with the rules of the Nebraska Supreme Court. The proceedings will be tape-recorded and at the grievant’s request and expense a transcript will be made available. Other expenses of the hearing should any be incurred will be shared equally by the Board and the UNKEA and/or the grievant. The grievant will have the right to be heard and to call witnesses on his/her behalf. The Board, or its designee, shall thereupon undertake such further investigation as it, in its sole discretion, may deem necessary or appropriate and shall, within thirty (30) calendar days following the conclusion of the review conference meeting. In the event the decision refers to documents not requested or hearingpresented by the employee grievant or the Federation, copies of such documents shall be attached to the decision. The Federation and the grievant may advance the grievance to Step 2. STEP 2 If the grievance has not been settled at Step l, then within ten (10) days after receipt of the written decision of the Chancellor or the expiration of the time limits for making such decision, the Federation may submit the written grievance to the Commissioner together with a copy of the decision of the Chancellor. The Commissioner shall, within twenty (20) days after the receipt of the grievance, issue its written a decision with reasons in writing to the Grievant Federation, the grievant and the UNKEA stating the final position Chancellor. STEP 3 Within ten (l0) days of receipt of the University administration Step 2 decision, the Federation, upon request of the employee grievant, may, but is not required to, file a written notice with respect the Commissioner and the Chancellor requesting arbitration. The notice must be signed by the employee grievant and the Federation President. Only those alleged violations of the agreement identified in Step l may be considered at arbitration. Upon mutual agreement, grievance mediation may be used by the parties prior to the Grievanceor in lieu of arbitration.

Formal Grievance Procedure. If the grievant has been unable to have a conference with the Vice President for Academic Affairs within five (a5) Step I: The Chancellor shall submit days of the above request, or if the grievance to has not been resolved through the Informal Procedure set forth in Step 1, the grievant may file a “Grievance Advisory Committee” consisting grievance in writing stating in detail the facts of two (2) faculty Members chosen by which he complains and the UNKEA, none of whom is a member provisions of the grievant’s departmentAgreements which are alleged to have been violated. Grievances must be filed within fourteen (14) days after the grievant is aware or reasonably could have been aware of the facts upon which the grievance is based, and two in any event within six (26) administrators chosen months after the facts or events upon which the grievance is based. Grievances shall be deemed filed when delivered in writing to the President of the College or his designee. One copy of the grievance shall be delivered to the President's office, one to the Vice President for Academic Affairs, one to the appropriate Xxxx, and one shall be kept by the Chancellor, neither of whom has line authority over the grievant. The Committee President will review the grievance and the record of the above procedures, together with any additional information or oral argument presented by the grievant. The President, at his discretion, may also hear other information or oral argument. Within fifteen (15) days after delivery of the grievance at his office, the President shall undertake such investigations as it deems necessaryrender his written decision. He shall deliver one copy of the decision to the grievant, based on one copy to the circumstancesVice President for Academic Affairs, and shall issue its recommendation one copy to the Chancellor within twenty-one (21) calendar days. The Chancellor shall issue a written decision within seven (7) calendar days following receipt of the recommendation of the Grievance Advisory Committeeappropriate Xxxx. If transcripts of Advisory Committee proceedings and hearings are created, they will be made available a solution satisfactory to the grievant and involved parties at their request and at their own expense. Step II: the administration has not been reached through the above procedures, the grievant may appeal the decision in writing to the Board within five (a5) The Grievant and/or the UNKEA shall have seven (7) calendar days from after his receipt of the Chancellor’s decision to appeal that decision to the President's decision. The Board of Regents or its designee. The Board, or its designee, shall schedule a conference at Xxxxxx Xxxx in Lincoln, Nebraska, with designee(s) will review the Grievant and/or grievance and the UNKEA no sooner than fourteen (14) calendar days and no later than sixty (60) calendar days following the date on which the request for review was received. Upon the request record of the grievant above procedures and hear the conference may be matter in the form of a hearing held in accordance with the rules of the Nebraska Supreme Court. The proceedings will be tape-recorded and at the grievant’s request and expense a transcript will be made available. Other expenses of the hearing should any be incurred will be shared equally by the Board and the UNKEA and/or the grievant. The grievant will have the right to be heard and to call witnesses on his/her behalf. The Board, or its designee, shall thereupon undertake such further investigation as it, in its sole discretion, may deem necessary or appropriate and shall, dispute within thirty (30) calendar days following after the conclusion matter is presented to them. Any pertinent evidence or argument which the grievant desires to submit or which the Board deems necessary may be presented at such hearing and the parties shall have the right to cross-examine witnesses who are called to testify. The Board will thereafter render its decision in writing within thirty (30) days after the final evidence or information is submitted. One copy of the review conference or hearing, issue its written Board's decision shall be delivered to the Grievant and the UNKEA stating the final position of the University administration with respect grievant, one copy to the GrievancePresident, one copy to the Association's Welfare Committee Chairman, one copy to the Vice President for Academic Affairs, and one copy to the appropriate Xxxx.

Formal Grievance Procedure. ‌ Step 1 If, according to the employee, the problem is not resolved informally it shall be reduced to writing by the employee on the appropriate grievance form and shall be submitted by the employee as a grievance to the principal or immediate administrator within fifteen (a15) Step I: The Chancellor shall submit days after the facts upon which the grievance is based first occur, or first become known, or should have become known to a “Grievance Advisory Committee” consisting of two (2the employee. The written grievance shall state the fact(s) faculty Members chosen by upon which it is based, the UNKEAissue involved, none of whom is a member of the grievant’s departmentany Agreement provisions allegedly violated, and two (2) administrators chosen by the Chancellor, neither of whom has line authority over the grievantrelief sought. The Committee principal or immediate administrator shall undertake such investigations as it deems necessary, based on meet with the circumstances, grievant and shall issue its recommendation endeavor to properly resolve the Chancellor matter within twenty-one fifteen (2115) calendar days. The Chancellor shall issue a written decision within seven (7) calendar days following after receipt of the recommendation written grievance. The principal or immediate administrator shall give written answer to the employee within ten (10) days thereafter. An extension may be filed at the mutual agreement of the Grievance Advisory Committee. parties. Step 2 If transcripts of Advisory Committee proceedings the grievant feels the grievance is still not resolved and hearings are createdwishes to appeal the grievance further, they will be made available he or she may refer the matter in writing to the Superintendent within ten (10) days after receiving the principal's or immediate administrator's written answer. The Superintendent or designee shall review the matter and arrange for necessary discussions with the grievant and involved parties at their request and at their own expense. Step II: within ten (a10) The Grievant and/or the UNKEA shall have seven (7) calendar days from after receipt of the Chancellor’s decision to appeal that decision written grievance. The Superintendent shall give written answer to the Board employee within ten (10) days thereafter. Step 3 If the grievant is unsatisfied with the disposition in Step 2 of Regents or its designeethe grievance procedure, the grievant may, within ten (10) days, request the permission of the Association to submit the matter to arbitration. The BoardAssociation shall determine whether to submit the matter to arbitration and notify the employee and the District of its decision within ten (10) days of receiving the request. (A) The termination of services or failure to re-employ any employee to a position on the supplemental salary or extra pay schedule. (B) Any matter involving employee evaluation, provided that evaluation procedures shall be subject to the arbitrator's authority. (C) Any matter involving nonrenewal, discharge, or its designee, shall schedule a conference at Xxxxxx Xxxx probation where other remedy is provided by law. (D) Any matter specifically excluded in Lincoln, Nebraska, with the Grievant and/or the UNKEA no sooner than fourteen (14) calendar days and no later than sixty (60) calendar days following the date on which the request for review was received. Upon the request any other provision of the grievant the conference may be in the form of a hearing held in accordance with the rules of the Nebraska Supreme CourtAgreement. The proceedings will be tape-recorded and at the grievant’s request and expense arbitrator shall render a transcript will be made available. Other expenses of the hearing should any be incurred will be shared equally by the Board and the UNKEA and/or the grievant. The grievant will have the right to be heard and to call witnesses on his/her behalf. The Board, or its designee, shall thereupon undertake such further investigation as it, in its sole discretion, may deem necessary or appropriate and shall, decision within thirty (30) calendar days following the conclusion of the review conference arbitration hearing or hearingsubmission of any post-hearing briefs. The parties shall have thirty (30) days in which to submit such briefs. Each party shall bear its own costs of arbitration, issue its written decision to except that the Grievant cost of the arbitrator, court cost (reporter, hearing room, etc.) shall be shared equally by the District and the UNKEA stating Association. The decision or award shall set forth the arbitrator's finding of fact, reasoning, and conclusions on the issues submitted and shall be final position and binding on all parties. Section 4 Representation‌ Nothing contained herein shall be construed to prevent any employee from processing a grievance through Step 2 without Association representation. However, the District shall give the Association the opportunity to be present at any formal step of the University administration with respect to the Grievancegrievance procedure and make its views known.

Formal Grievance Procedure. ‌ 1. First Level of Review (aStep 1) - The grievance shall be presented in writing to the unit employee’s immediate supervisor, who shall render his/her decision and comments in writing and return them to the unit employee within fifteen (15) calendar days after receiving the grievance in writing. If the unit employee does not agree with his/her supervisor’s decision, or if no answer has been received within fifteen (15) calendar days after submitting the grievance in writing to the immediate supervisor, the unit employee may present an appeal in writing to the Police Chief. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the written decision of his/her supervisor, or within twenty-five (25) calendar days following submittal of the written grievance to the supervisor if no decision by the supervisor is rendered, will constitute a withdraw/dropping of the grievance. 2. Department Review (Step I: 2) - The Chancellor Police Chief receiving the grievance, or his/her designated representative, shall discuss the grievance with the unit employee, his/her representative, if any, and with other appropriate persons. The Police Chief (or designee) shall render his/her decision and comments in writing, and return them to the unit employee within fifteen (15) calendar days after receiving the grievance. If the unit employee does not agree with the decision reached or if no answer has been received within fifteen (15) calendar days, he/she may present the grievance, in writing, to the City Administrator. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the decision of the Police Chief, or within twenty-five (25)calendar days following submittal of the written grievance to the Police Chief if no decision is rendered, will constitute a withdraw/dropping of the grievance. 3. City Administrator Review (Step 3) - The City Administrator shall discuss the grievance with the unit employee, his/her representative, if any, and with other appropriate persons. The City Administrator may designate a fact-finding committee or an individual not in the normal line of supervision, to advise him/her concerning the grievance. The City Administrator shall render a decision in writing to the unit employee within twenty (20) calendar days after receiving the grievance. If the unit employee does not agree with the decision reached or if no answer has been received within twenty (20) calendar days, he/she may submit the grievance to a “Grievance Advisory Committee” consisting of two (2) faculty Members chosen by the UNKEAbinding arbitration, none of whom is a member as outlined below. Failure of the grievant’s department, and two unit employee to take further action within ten (2) administrators chosen by the Chancellor, neither of whom has line authority over the grievant. The Committee shall undertake such investigations as it deems necessary, based on the circumstances, and shall issue its recommendation to the Chancellor within twenty-one (2110) calendar days. The Chancellor shall issue days after receipt of the City Administrator’s decision, or within a written decision within seven total of twenty (720) calendar days following receipt submittal of the recommendation written grievance to the City Administrator, if no decision is rendered will constitute a withdraw/dropping of the Grievance Advisory Committee. If transcripts of Advisory Committee proceedings and hearings are created, they will be made available to the grievant and involved parties at their request and at their own expense. Step II: (a) The Grievant and/or the UNKEA shall have seven (7) calendar days from receipt of the Chancellor’s decision to appeal that decision to the Board of Regents or its designee. The Board, or its designee, shall schedule a conference at Xxxxxx Xxxx in Lincoln, Nebraska, with the Grievant and/or the UNKEA no sooner than fourteen (14) calendar days and no later than sixty (60) calendar days following the date on which the request for review was received. Upon the request of the grievant the conference may be in the form of a hearing held in accordance with the rules of the Nebraska Supreme Court. The proceedings will be tape-recorded and at the grievant’s request and expense a transcript will be made available. Other expenses of the hearing should any be incurred will be shared equally by the Board and the UNKEA and/or the grievant. The grievant will have the right to be heard and to call witnesses on his/her behalf. The Board, or its designee, shall thereupon undertake such further investigation as it, in its sole discretion, may deem necessary or appropriate and shall, within thirty (30) calendar days following the conclusion of the review conference or hearing, issue its written decision to the Grievant and the UNKEA stating the final position of the University administration with respect to the Grievancegrievance.

Formal Grievance Procedure. All grievances must be filed within twenty‐five (a25) days following the act or omission giving rise thereto. The Federation may, in the written grievance which is filed, request the postponement of any action in processing the grievance formally for a period of up to twenty (20) days, during which period efforts to resolve the grievance informally shall be made. No award shall be increased and no additional rights shall be acquired as a result of granting an extension. The Federation may at any time terminate the postponement period by giving written notice to the Chancellor or his/her designee that the Federation wishes to proceed with. Step I: 1 meeting provided below. If the postponement period, or any extension thereof, expires without such written notice, the Federation and the employee grievant shall be deemed to have waived any right to process the grievance further. STEP 1 The Chancellor or his/her designee shall submit conduct a meeting with the employee grievant and the Federation grievance representative no later than twenty (20) days following: (1) receipt of the grievance to a “Grievance Advisory Committee” consisting of two if no postponement is granted; or (2) faculty Members chosen by receipt of written notice that the UNKEAFederation wishes to proceed with the Step 1 meeting. At the conference, none of whom is a member the Federation shall have the right and the obligation to present any and all evidence in support of the grievant’s department, and two (2) administrators chosen by the Chancellor, neither of whom has line authority over the grievant. The Committee shall undertake such investigations as it deems necessary, based on the circumstances, and shall issue its recommendation to the Chancellor within twenty-one (21) calendar daysgrievance. The Chancellor shall or his/her designee must issue a written decision within seven fifteen (715) calendar days following receipt of the recommendation of the Grievance Advisory Committee. If transcripts of Advisory Committee proceedings and hearings are created, they will be made available to the grievant and involved parties at their request and at their own expense. Step II: (a) The Grievant and/or the UNKEA shall have seven (7) calendar days from receipt of the Chancellor’s decision to appeal that decision to the Board of Regents or its designee. The Board, or its designee, shall schedule a conference at Xxxxxx Xxxx in Lincoln, Nebraska, with the Grievant and/or the UNKEA no sooner than fourteen (14) calendar days and no later than sixty (60) calendar days following the date on which the request for review was received. Upon the request of the grievant the conference may be in the form of a hearing held in accordance with the rules of the Nebraska Supreme Court. The proceedings will be tape-recorded and at the grievant’s request and expense a transcript will be made available. Other expenses of the hearing should any be incurred will be shared equally by the Board and the UNKEA and/or the grievant. The grievant will have the right to be heard and to call witnesses on his/her behalf. The Board, or its designee, shall thereupon undertake such further investigation as it, in its sole discretion, may deem necessary or appropriate and shall, within thirty (30) calendar days following the conclusion of the review conference meeting. In the event the decision refers to documents not requested or hearingpresented by the employee grievant or the Federation, copies of such documents shall be attached to the decision. The Federation and the grievant may advance the grievance to Step 2. STEP 2 If the grievance has not been settled at Step l, then within ten (10) days after receipt of the written decision of the Chancellor or the expiration of the time limits for making such decision, the Federation may submit the written grievance to the Commissioner together with a copy of the decision of the Chancellor. The Commissioner shall, within twenty (20) days after the receipt of the grievance, issue its written a decision with reasons in writing to the Grievant Federation, the grievant and the UNKEA stating the final position Chancellor. STEP 3 Within ten (l0) days of receipt of the University administration Step 2 decision, the Federation, upon request of the employee grievant, may, but is not required to, file a written notice with respect the Commissioner and the Chancellor requesting arbitration. The notice must be signed by the employee grievant and the Federation President. Only those alleged violations of the agreement identified in Step l may be considered at arbitration. Upon mutual agreement, grievance mediation may be used by the parties prior to the Grievanceor in lieu of arbitration.

Formal Grievance Procedure. 8.3.1 As used herein, “days” means day on which the College business office is open, with the exception of Saturdays, Sundays, and holidays. 8.3.2 At any point during the formal grievance procedure, representation from Human Resources may be invited into the discussion. The grievant or the Union Co-Presidents or designee shall present a written statement on an official grievance form (aSee Appendix B) Step I: The Chancellor shall submit of the grievance alleged violation to a “Grievance Advisory Committee” consisting of two (2) faculty Members chosen by the UNKEA, none of whom is a member of the grievant’s department, and two (2) administrators chosen by immediate supervisor or appropriate administrator with a copy to the Chancellor, neither of whom has line authority over the grievantHuman Resources Department. The Committee shall undertake such investigations as it deems necessary, based on the circumstances, and shall issue its recommendation to the Chancellor within twenty-one (21) calendar days. The Chancellor shall issue a written decision within seven (7) calendar days following receipt of the recommendation of the Grievance Advisory Committee. If transcripts of Advisory Committee proceedings and hearings are created, they will grievance must be made available to the grievant and involved parties at their request and at their own expense. Step II: (a) The Grievant and/or the UNKEA shall have seven (7) calendar days from receipt of the Chancellor’s decision to appeal that decision to the Board of Regents or its designee. The Board, or its designee, shall schedule a conference at Xxxxxx Xxxx in Lincoln, Nebraska, with the Grievant and/or the UNKEA no sooner than fourteen (14) calendar days and no later than sixty (60) calendar days following the date on which the request for review was received. Upon the request of the grievant the conference may be in the form of a hearing held in accordance with the rules of the Nebraska Supreme Court. The proceedings will be tape-recorded and at the grievant’s request and expense a transcript will be made available. Other expenses of the hearing should any be incurred will be shared equally by the Board and the UNKEA and/or the grievant. The grievant will have the right to be heard and to call witnesses on his/her behalf. The Board, or its designee, shall thereupon undertake such further investigation as it, in its sole discretion, may deem necessary or appropriate and shall, filed within thirty (30) calendar days following the conclusion of the review conference or hearing, issue its written decision occurrence giving rise to the Grievant grievance or the date when such event could reasonably have been ascertained or become known to the grievant. The grievant’s immediate supervisor or appropriate administrator shall, within ten (10) days of the receipt of the grievance, confer with the grievant and/or their union representative to try to resolve the grievance. Within five (5) days after the completion of the conference, the grievant’s immediate supervisor or appropriate administrator shall give their written decision. 8.3.3 If no agreement is reached in the previous step, it will then be presented to the supervisor’s immediate manager within five (5) days. Statements written by the grievant’s immediate supervisor, or appropriate administrator, and grievant shall be forwarded to the supervisor’s immediate manager. Within ten (10) days of the receipt of the appeal, the supervisor’s immediate manager shall confer with the Union Co-Presidents or designee and the UNKEA stating grievant in an effort to resolve the final position grievance. The supervisor’s immediate manager shall give the grievant an answer in writing within five (5) days after completion of the University administration conference. 8.3.4 If no agreement is reached in the previous step within five (5) days, it then may be presented to the appropriate President’s Cabinet Member. Statements written by the grievant, and the grievant’s immediate supervisor, as well as statements written in Subsection 8.3.3 shall be forwarded to the appropriate President’s Cabinet Member. Within ten (10) days of the receipt of the appeal, the appropriate President’s Cabinet Member shall confer with the Union Co-Presidents or designee and the grievant in an effort to resolve the grievance. The President’s Cabinet Member shall give the grievant an answer in writing within five (5) days after completion of the conference. 8.3.5 If no agreement is reached in the previous step, within five (5) days of the receipt of the President’s Cabinet Member’s answer, the employee may submit to the President or designee of the College a signed statement of grievance. The statement of the grievance shall name the employee involved, shall state the facts giving rise to the grievance, shall identify all the provisions of this Agreement alleged to be in violation by appropriate reference, shall state the contention of the employee and/or of the Union Executive Board with respect to these provisions, shall indicate the Grievancerelief requested, and shall be signed by the employee involved. Within ten (10) days of the receipt of the appeal, the President or designee shall confer with the Union Co-Presidents or designee and the grievant in an effort to resolve the grievance. The President or designee shall give an answer in writing within ten (10) days. If further investigation is needed by either party, additional time by mutual agreement may be allowed. 8.3.6 If the Union disagrees with the decision in the previous step, they may request nonbinding mediation within ten (10) days after receiving the decision. Both parties must agree to nonbinding mediation. The Union and the College may, by mutual agreement, seek the services of the Federal Mediation and Conciliation Service (FMCS) to assist in resolving any grievance that reaches the arbitration step. Mediation is only binding if the parties can come to an agreement. The Mediator shall have no power to alter, add to, or subtract from the terms of the Agreement. If mediation is unsuccessful, arbitration and respective timeline as outlined in Subsection 8.3.7 will apply. 8.3.7 If the Union Executive Board is not satisfied with the disposition of the grievance at Subsection 8.3.6, it may submit the grievance to arbitration by filing a demand for the same with the College President or designee within twenty (20) days of the Subsection 8.3.5 answer or if the College did not agree to mediation in Subsection 8.3.

Formal Grievance Procedure. All grievances must be filed within twenty-five (a25) days following the act or omission giving rise thereto. The Federation may, in the written grievance which is filed, request the postponement of any action in processing the grievance formally for a period of up to twenty (20) days, during which period efforts to resolve the grievance informally shall be made. No award shall be increased and no additional rights shall be acquired as a result of granting an extension. The Federation may at any time terminate the postponement period by giving written notice to the Chancellor or his/her designee that the Federation wishes to proceed with. Step I: 1 meeting provided below. If the postponement period, or any extension thereof, expires without such written notice, the Federation and the employee grievant shall be deemed to have waived any right to process the grievance further. STEP 1 The Chancellor or his/her designee shall submit conduct a meeting with the employee grievant and the Federation grievance representative no later than twenty (20) days following: (l) receipt of the grievance to a “Grievance Advisory Committee” consisting of two if no postponement is granted; or (2) faculty Members chosen by receipt of written notice that the UNKEAFederation wishes to proceed with the Step l meeting. At the conference, none of whom is a member the Federation shall have the right and the obligation to present any and all evidence in support of the grievant’s department, and two (2) administrators chosen by the Chancellor, neither of whom has line authority over the grievant. The Committee shall undertake such investigations as it deems necessary, based on the circumstances, and shall issue its recommendation to the Chancellor within twenty-one (21) calendar daysgrievance. The Chancellor shall or his/her designee must issue a written decision within seven fifteen (7l5) calendar days following receipt of the recommendation of the Grievance Advisory Committee. If transcripts of Advisory Committee proceedings and hearings are created, they will be made available to the grievant and involved parties at their request and at their own expense. Step II: (a) The Grievant and/or the UNKEA shall have seven (7) calendar days from receipt of the Chancellor’s decision to appeal that decision to the Board of Regents or its designee. The Board, or its designee, shall schedule a conference at Xxxxxx Xxxx in Lincoln, Nebraska, with the Grievant and/or the UNKEA no sooner than fourteen (14) calendar days and no later than sixty (60) calendar days following the date on which the request for review was received. Upon the request of the grievant the conference may be in the form of a hearing held in accordance with the rules of the Nebraska Supreme Court. The proceedings will be tape-recorded and at the grievant’s request and expense a transcript will be made available. Other expenses of the hearing should any be incurred will be shared equally by the Board and the UNKEA and/or the grievant. The grievant will have the right to be heard and to call witnesses on his/her behalf. The Board, or its designee, shall thereupon undertake such further investigation as it, in its sole discretion, may deem necessary or appropriate and shall, within thirty (30) calendar days following the conclusion of the review conference meeting. In the event the decision refers to documents not requested or hearingpresented by the employee grievant or the Federation, copies of such documents shall be attached to the decision. The Federation and the grievant may advance the grievance to Step 2. STEP 2 If the grievance has not been settled at Step l, then within ten (l0) days after receipt of the written decision of the Chancellor or the expiration of the time limits for making such decision, the Federation may submit the written grievance to the Commissioner together with a copy of the decision of the Chancellor. The Commissioner shall, within twenty (20) days after the receipt of the grievance, issue its written a decision with reasons in writing to the Grievant Federation, the grievant and the UNKEA stating the final position Chancellor. STEP 3 Within ten (l0) days of receipt of the University administration Step 2 decision, the Federation, upon request of the employee grievant, may, but is not required to, file a written notice with respect the Commissioner and the Chancellor requesting arbitration. The notice must be signed by the employee grievant and the Federation President. Only those alleged violations of the agreement identified in Step l may be considered at arbitration. Upon mutual agreement, grievance mediation may be used by the parties prior to the Grievanceor in lieu of arbitration.

Formal Grievance Procedure. If the grievant has been unable to have a conference with the Vice President for Academic Affairs within five (a5) days of the above request, or if the greviant is not satisfied with the resolution through the Informal Procedure set forth in Step I: The Chancellor shall submit , the grievant may file a grievance in writing stating in detail the facts of which he complains and the provisions of the Agreements which are alleged to have been violated. Grievances must be filed within fourteen (14) days after the grievant is aware or reasonably could have been aware of the facts upon which the grievance is based, and in any event within six (6) months after the facts or events upon which the grievance is based. Grievances shall be deemed filed when delivered in writing to a “Grievance Advisory Committee” consisting of two (2) faculty Members chosen by the UNKEA, none of whom is a member President of the grievant’s departmentCollege or his designee. One copy of the grievance shall be delivered to the President's office, one to the Vice President for Academic Affairs, one to the appropriate Xxxx, and two (2) administrators chosen one shall be kept by the Chancellor, neither of whom has line authority over the grievant. The Committee shall undertake such investigations as it deems necessary, based on President will review the circumstances, grievance and shall issue its recommendation to the Chancellor within twenty-one (21) calendar days. The Chancellor shall issue a written decision within seven (7) calendar days following receipt record of the recommendation of the Grievance Advisory Committee. If transcripts of Advisory Committee proceedings and hearings are createdabove procedures, they will be made available to the grievant and involved parties at their request and at their own expense. Step II: (a) The Grievant and/or the UNKEA shall have seven (7) calendar days from receipt of the Chancellor’s decision to appeal that decision to the Board of Regents together with any additional information or its designee. The Board, or its designee, shall schedule a conference at Xxxxxx Xxxx in Lincoln, Nebraska, with the Grievant and/or the UNKEA no sooner than fourteen (14) calendar days and no later than sixty (60) calendar days following the date on which the request for review was received. Upon the request of the grievant the conference may be in the form of a hearing held in accordance with the rules of the Nebraska Supreme Court. The proceedings will be tape-recorded and at the grievant’s request and expense a transcript will be made available. Other expenses of the hearing should any be incurred will be shared equally oral argument presented by the Board and the UNKEA and/or the grievant. The grievant will have the right to be heard and to call witnesses on his/her behalf. The BoardPresident, or its designee, shall thereupon undertake such further investigation as it, in its sole at his discretion, may deem necessary also hear other information or oral argument. Within fifteen (15) days after delivery of the grievance at his office, the President shall render his written decision. He shall deliver one copy of the decision to the grievant, one copy to the Vice President for Academic Affairs, and one copy to the appropriate Xxxx. If the Administration and shallthe grievant cannot reach a satisfactory resolution, the grievant may appeal the decision in writing to the Board within five (5) days after his receipt of the President's decision. The Board or its designee(s) will review the grievance and the record of the above procedures and hear the matter in dispute within thirty (30) calendar days following after the conclusion matter is presented to them. Any pertinent evidence or argument which the grievant desires to submit or which the Board deems necessary may be presented at such hearing and the parties shall have the right to cross-examine witnesses who are called to testify. The Board will thereafter render its decision in writing within thirty (30) days after the final evidence or information is submitted. One copy of the review conference or hearing, issue its written Board's decision shall be delivered to the Grievant grievant, one copy to the President, one copy to the Association's Welfare Committee Chairman, one copy to the Vice President for Academic Affairs, and one copy to the appropriate Xxxx. Grievances shall be processed according to the following rules: • If at any stage of the grievance procedure, the grievant does not take the next step within the time allotted, the grievance shall be settled in the manner recommended or decided by the Administration at the last step. • All reference to number of days in this procedure shall be determined to mean working school days for Professional Employees. In the event grievances are not filed or processed by the grievant in the manner and within the times set forth above, they shall be forever barred. • Grievances shall be processed as rapidly as possible. The number of days indicated at each level shall be considered a maximum and every effort shall be made to expedite the process in a shorter period of time. The parties may mutually agree in writing to extend any of such time periods. • The grievant may withdraw the grievance at any level. • The grievant shall have the right to counsel or an Association representative present with him at each phase in the formal grievance procedure. • All documents, communications, and records dealing with the processing of grievances shall be filed separately from the personnel files of Professional Employees. • It is agreed that nothing in the above procedures shall be interpreted in such a way as to modify or reduce the rights guaranteed under the constitution and the UNKEA stating the final position laws of the University administration with respect to United States and the GrievanceState of Kansas.