Formal Grievance. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may be invoked within seven (7) working days of the informal discussion, on the form set forth in Appendix C, signed by the grievant and/or a xxxxxxx of the BTU-TSP, which form shall be available from the administrator or the BTU-TSP xxxxxxx in each work location. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. In the event that a BTU-TSP xxxxxxx has not signed the grievance, a copy of the grievance shall be provided to the BTU-TSP immediately upon the filing of the grievance. STEP I The grievant may submit to the immediate supervisor a copy of the grievance form. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the BTU- TSP in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the BTU-TSP. STEP II If the grievant or BTU-TSP is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to Employee & Labor Relations within seven (7) working days of the disposition, or expiration of the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP within seven (7) days of such a meeting. STEP III If the grievant is not satisfied with the disposition of the grievance by Employee & Labor Relations, or if no disposition has been made within the specified time limit, the grievance may be submitted by the BTU-TSP to arbitration before an impartial arbitrator within fifteen (15) working days of the date of the disposition at Step II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rules. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and binding.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may be invoked within seven a. Level One:
(7i) working Within thirty (30) days of the informal discussiontime the grievant first knew or should have known of the act or condition upon which the grievance is based, on including all claims for back pay, the form set forth grievant must present the formal grievance to his/her principal or immediate supervisor or his/her designee in Appendix Cwriting, signed by the grievant and/or a xxxxxxx of on the BTU-TSP, which form shall be available from the administrator or the BTU-TSP xxxxxxx in each work locationappropriate grievance form. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction contractual rights of the administration above Association are alleged to have been violated, the level grievance will be filed by the President of the immediate supervisorAssociation. The written grievance shall name the school employee(s) involved, it may shall state the facts giving rise to the grievance, shall identify by specific reference all articles or sections of this Agreement or Board policies alleged to be initially filed violated, shall state the contention of the grievant with Employee & Labor Relations at Step II respect to the provision(s) of said articles or sections, and informal discussion may be waived by mutual agreement. shall indicate the specific relief requested.
(ii) Within five (5) days after receiving the written grievance, the principal or supervisor or his/her designee shall communicate his/her answer in writing to the grievant.
b. Level Two:
(i) In the event that a BTU-TSP xxxxxxx has not signed the grievance, a copy of the grievance shall be provided to is not resolved at Level One the BTU-TSP immediately upon the filing of the grievance.
STEP I The grievant may submit appeal the decision to Level Two provided said appeal is filed with the immediate supervisor a copy of the grievance form. Within seven Superintendent within five (75) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the BTU- TSP in an effort to resolve the grievancewritten answer at Level One. The immediate appeal shall include a copy of all materials and evidence previously submitted and a copy at the same time shall be given to the principal or supervisor shall indicate involved.
(ii) Within five (5) days from the disposition receipt of the grievance in writing within seven the Superintendent shall hold a formal hearing(s) where all evidence from both parties is presented. The Superintendent has five (75) working days after such meeting, and shall furnish a copy thereof the date of the hearing to the BTU-TSPrender his decision.
STEP II If c. Level Three:
(i) In the grievant or BTU-TSP event the grievance is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limitresolved at Level Two, the grievance shall may be submitted to Employee & Labor Relations within seven (7) working days of the disposition, or expiration of the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP school employer within seven (7) days of such the receipt of the Superintendent's written answer. Upon receipt of said appeal, the school employer shall hold a meetingformal hearing within fifteen (15) days to hear both sides of the complaint. Within ten (10) days of the hearing the school employer shall give a ruling on the grievance.
STEP III (ii) If the grievant is not satisfied with the disposition decision of the grievance by Employee & Labor RelationsBoard, or if no disposition has been made within the specified time limit, the grievance he/she may be submitted by the BTU-TSP appeal to arbitration before an impartial arbitrator within fifteen (15) working days a court of the date of the disposition at Step II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rules. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and bindingcompetent jurisdiction.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance. If, as a result of a) Step 1
1. Identifies the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may be invoked within seven (7) working days of the informal discussion, on the form set forth in Appendix C, signed by the grievant and/or a xxxxxxx of the BTU-TSP, which form shall be available from the administrator or the BTU-TSP xxxxxxx in each work locationaggrieved;
2. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. In the event that a BTU-TSP xxxxxxx has not signed the grievance, a copy of the grievance shall be provided to the BTU-TSP immediately upon the filing The specific nature of the grievance.;
STEP I 3. The grievant may submit time or place of its occurrence;
4. The rule, law, regulation, or policy alleged to have been violated, improperly interpreted, applied or misapplied;
5. The consideration given or steps taken to secure informal resolution;
6. The corrective action desired; and,
7. The name of any person or representative chosen by the immediate supervisor a copy of employee to enter the grievance formgrievance. Within seven A decision shall be made in writing within fifteen (715) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the BTU- TSP in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition A copy of the grievance decision shall be directed to the person identified in writing within seven (7) working days after such meetingabove and the grievant, and shall furnish or in the case of a copy thereof group grievance, to the BTU-TSPgrievant listed first in (1) above. A copy shall be sent to the Union by Labor Relations and this copy shall dictate time limits.
STEP II If the grievant or BTU-TSP is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to Employee & Labor Relations within seven b) Step 2
1) Within fifteen (7) working days of the disposition, or expiration of the time limit. Within twelve (1215) working days of receipt of the grievancegrievance at step 2, Employee & Labor Relations one (l) arbitrator shall meet with be selected from the grievant and/or panel and a hearing scheduled within thirty (30) calendar days.
2) Arbitration proceedings shall be recorded but not transcribed except at the BTU-TSP request of either party or the arbitrator. Upon mutual agreement, the County and shall indicate the disposition of the grievance in writing Union may submit written briefs to the grievant and/or BTU-TSP arbitrator for decision in lieu of a hearing.
3) The arbitrator's decision shall be rendered within seven fifteen (7l5) days of such a meeting.
STEP III If the grievant is hearing, receipt of the transcript or the briefs. The parties may mutually agree to use an arbitrator not satisfied on the list or to add to, or modify the list. The arbitrator's compensation and expenses shall be borne equally by the employee or the Union and the County, provided employee grievances shall be arbitrable only at the expressed request of the employee involved, and with the disposition concurrence of the grievance by Employee & Labor Relations, or if no disposition has been made within the specified time limit, Union unless the grievance may be submitted by the BTU-TSP to arbitration before an impartial arbitrator within fifteen (15) working days of the date of the disposition at Step II, is deemed a Union or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement group grievance prior to requesting submission to step 2. The arbitrator shall have jurisdiction and authority to interpret and determine compliance with the AAA or FMCS to select an arbitrator in accordance with their rulesprovisions of this Memorandum of Agreement, Department Memorandum and/or Understandings, such Merit System Rules, County ordinances, and resolutions affecting working conditions. The arbitrator shall be selected by without authority to make any decision regarding matters of interest or to require the American Arbitration Association County to delegate or the Federal Mediation and Conciliation Service in accordance with their rulesrelinquish any powers, which rules must likewise govern the arbitration proceedingsby State law or County Charter cannot be delegated or relinquished. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award Decisions of the arbitrator arbitrators shall be final and binding.
Appears in 4 contracts
Samples: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement
Formal Grievance. IfIf the grievant believes that the grievance has not been redressed within fourteen (14) calendar days, as he/she may initiate a result formal grievance within seven (7) calendar days thereafter. A formal grievance can only be initiated by completing and filing with the Human Resources Department a grievance form approved by the Human Resources Department for this purpose. The form shall contain:
1. Name(s) of grievant;
2. Class Title(s);
3. Department(s);
4. Mailing Address(es);
5. A clear statement of the nature of the grievance (citing applicable ordinances, rules or regulations, or Agreement language, including specific provisions which have been violated and how such violation(s) occurred);
6. The date upon which the event giving rise to the alleged grievance occurred;
7. The date upon which the informal discussion with the immediate supervisorsupervisor took place;
8. A proposed solution to the grievance;
9. The date of execution of the grievance form;
10. The signature of the grievant;
11. The name of the organization, an alleged if any, representing the grievant followed by the signature of the organization’s representative.
Step 1 Within twenty-one (21) calendar days after a formal grievance still existsis filed, the following formal department head shall investigate the grievance, confer with the grievant in an attempt to resolve the grievance, and make a decision in writing.
Step 2 If the grievance procedure may be invoked is not resolved in Step 1 to the satisfaction of the grievant, he/she may, within not more than seven (7) working calendar days of the informal discussion, on the form set forth in Appendix C, signed by the grievant and/or a xxxxxxx of the BTU-TSP, which form shall be available from the administrator or the BTU-TSP xxxxxxx in each work location. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. In the event that a BTU-TSP xxxxxxx has not signed the grievance, a copy of the grievance shall be provided to the BTU-TSP immediately upon the filing of the grievance.
STEP I The grievant may submit to the immediate supervisor a copy of the grievance form. Within seven (7) working days of his/her receipt of the grievancedepartment head’s decision, the immediate supervisor shall meet with the grievant and/or the BTU- TSP in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the BTU-TSP.
STEP II If the grievant or BTU-TSP is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to Employee & Labor Relations within seven (7) working days of the disposition, or expiration of the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP within seven (7) days of such a meeting.
STEP III If the grievant is not satisfied with the disposition request consideration of the grievance by Employee & Labor Relations, or if no disposition has been made within the specified time limitCounty Administrator by so notifying the Human Resources Department in writing. Within fourteen (14) calendar days after such notification, the grievance may County Administrator shall investigate the grievance, confer with persons affected and their representatives to the extent he/she deems necessary. A written decision shall be submitted by rendered within twenty-one (21) calendar days thereafter. The parties shall present all known, relevant information to each other at this step, including notice from the BTU-TSP to arbitration before County if the proposed resolution requires an impartial arbitrator within fifteen (15) working days of the date of the disposition at Step II, or the expiration of the time limitunbudgeted expenditure.
1. If the parties cannot agree as written decision of the County Administrator resolves the grievance to the arbitrator within seven satisfaction of the grievant and the County, it shall bind the County, subject to ratification by the Board of Supervisors if the decision requires an unbudgeted expenditure.
2. If Step 2 does not resolve the grievance to the satisfaction of the grievant, the grievant may pursue Step 3. A final appeal to Step 3 may be filed in writing with the Human Resources Department no more than fourteen (714) working calendar days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rules. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision receipt of the County Administrator’s decision. The grievant may, to the application and interpretation of this agreement and shall have no power extent provided below, select either Alternative A or Alternative B as the final appeal step. Only the Union may advance grievances under Section 5.1.1(1) (Collective Bargaining Agreement) to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreementstep 3. Neither party shall be permitted An individual grievant may advance any other grievance to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and bindingstep 3.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may be invoked within seven 1. Level One
a. Within five (75) working days of the informal discussionoral answer, on or within twelve (12) days after presentation of the form set forth grievance at the Informal Level if no oral answer has been rendered, if the grievance is not resolved, it must be filed by the grievant with the principal in Appendix Cwriting, signed by the grievant and/or a xxxxxxx of grievant, on the BTU-TSPappropriate grievance form. The written grievance shall name the certificated school employee involved, which form shall be available from state the administrator or the BTU-TSP xxxxxxx in each work location. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. In the event that a BTU-TSP xxxxxxx has not signed facts giving rise to the grievance, a copy shall identify by specific reference all express articles or sections of this Contract alleged to be violated, shall state the contention of the grievance shall be provided grievant with respect to the BTU-TSP immediately upon provision(s) of said articles or sections, and shall indicate the filing of the grievancespecific relief requested.
STEP I The grievant may submit to the immediate supervisor a copy of the grievance form. b. Within seven (7) working days after receiving the written grievance, the principal shall communicate his answer in writing to the grievant.
2. Level Two
a. In the event that the grievance is not resolved at Level One, or if no written decision has been rendered within the time limit provided, the grievant may appeal the decision to Level Two provided said appeal is filed with the superintendent within ten (10) days of receipt of the grievancewritten answer at Level One or within seventeen (17) days after presentation of the grievance at Level One if no written answer has been rendered. The appeal shall include a copy of all materials and evidence previously submitted and a copy, at the immediate supervisor same time, shall meet with be given to the principal involved.
b. The grievant shall submit the written claim, signed by the grievant, to the superintendent of schools. Within ten (10) days from the receipt of the grievance the superintendent shall render a written decision to the grievant and/or as to the BTU- TSP in an effort to resolve resolution of the grievance. The immediate supervisor shall indicate superintendent may hold a formal hearing(s) prior to the disposition rendering of the grievance in writing within seven (7) working days after such meetingwritten decision, and an additional fourteen (14) days beyond the ten (10) days shall furnish a copy thereof to be allowed if the BTU-TSPsuperintendent determines further investigation is necessary.
STEP II If 3. Level Three
a. In the grievant or BTU-TSP event the grievance is not satisfied with the disposition of the grievanceresolved at Level Two, or if no disposition written decision has been made rendered within the specified time limitlimit provided, the grievant may submit the grievance shall be submitted to Employee & Labor Relations within seven (7) working days of the disposition, or expiration of school employer provided the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet grievant files said written appeal with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP school employer within seven (7) days of such a meeting.
STEP III If the grievant is not satisfied with the disposition receipt of the grievance by Employee & Labor Relationssuperintendent's written answer, or or, if no disposition written decision has been made within the specified time limit, the grievance may be submitted rendered by the BTUsuperintendent, either within seventeen (17) days or within thirty-TSP to arbitration before an impartial arbitrator within fifteen (15) working days of the date of the disposition at Step II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rules. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and binding.one
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may be invoked within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix C, signed by the grievant and/or a xxxxxxx of the BTU-TSP, which form shall be available from the administrator or the BTU-TSP xxxxxxx in each work location. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. In the event that a BTU-TSP xxxxxxx has not signed the grievance, a copy of the grievance shall be provided to the BTU-TSP immediately upon the filing of the grievance.
STEP I The grievant may submit to the immediate supervisor a copy of the grievance form. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the BTU- TSP in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the BTU-TSP.
STEP II If the grievant or BTU-TSP is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to Employee & Labor Relations within seven (7) working days of the disposition, or expiration of the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP within seven (7) days of such a meeting.
STEP III If the grievant is not satisfied with the disposition of the grievance by Employee & Labor Relationsemployee relations, or if no disposition has been made within the specified time limit, the grievance may be submitted by the BTU-TSP BCSAA to arbitration before an impartial arbitrator within fifteen (15) working days of the date of the disposition at Step II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-BTU- TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rules. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and binding.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may be invoked within seven a. Level One
(71) working Within five (5) days of the informal discussionoral answer, on or within twelve (12) days after presentation of the form set forth grievance at the Informal Level if no oral answer has been rendered, or if the grievance is not resolved, it must be filed by the grievant with the principal or designee in Appendix Cwriting, signed by the grievant and/or a xxxxxxx of grievant, on the BTU-TSPappropriate grievance form (Appendix C). The written grievance shall name the certificated school employee involved, which form shall be available from state the administrator or the BTU-TSP xxxxxxx in each work location. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. In the event that a BTU-TSP xxxxxxx has not signed facts giving rise to the grievance, a copy shall identify by specific reference all express articles or sections of this Contract alleged to be violated, shall state the contention of the grievance shall be provided grievant with respect to the BTU-TSP immediately upon provision(s) of said articles or sections, and shall indicate the filing of the grievancespecific relief requested.
STEP I The grievant may submit to the immediate supervisor a copy of the grievance form. (2) Within seven (7) working days after receiving the written grievance, the principal or supervisor or his designee shall communicate his answer in writing to the grievant.
b. Level Two
(1) In the event that the grievance is not resolved at Level One, or if no written decision has been rendered within the time limit provided, the grievant may appeal the decision to Level Two provided said appeal is filed with the superintendent within ten (10) days of receipt of the grievancewritten answer at Level One or within seventeen (17) days after presentation of the grievance at Level One if no written answer has been rendered. The appeal shall include a copy of all materials and evidence previously submitted.
(2) The grievant shall submit the written claim, signed by him/her, to the immediate supervisor Superintendent of Schools. Within ten (10) days from the receipt of the grievance the superintendent shall meet with render a written decision to the grievant and/or as to the BTU- TSP in an effort to resolve resolution of the grievance. The immediate supervisor shall indicate superintendent may hold a formal hearing(s) prior to the disposition rendering of the grievance in writing within seven written decision and an additional fourteen (714) working days after such meeting, and beyond the ten (10) days shall furnish a copy thereof to be allowed if the BTU-TSPsuperintendent determines further investigation is necessary.
STEP II If c. Level Three
(1) In the grievant or BTU-TSP event the grievance is not satisfied with the disposition of the grievanceresolved at Level Two, or if no disposition written decision has been made rendered within the specified time limitlimit provided, the grievant may submit the grievance shall be submitted to Employee & Labor Relations within seven (7) working days of the disposition, or expiration of school employer provided the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet grievant files said written appeal with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP school employer within seven (7) days of such a meeting.
STEP III If the grievant is not satisfied with receipt of the disposition superintendent's written answer, or, if no written decision has been rendered by the superintendent, either within seventeen (17) days or within thirty- one (31) days after presentation of the grievance by Employee & Labor Relationsat Level Two, or if no disposition has been made within whichever is applicable. The Board may hold a formal hearing(s) prior to the specified time limit, the grievance may be submitted by the BTU-TSP to arbitration before an impartial arbitrator within fifteen (15) working days rendering of the date written decision and an additional fourteen (14) days beyond the ten (10) days shall be allowed if the Board determines further investigation is necessary. The decision of the disposition at Step II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rules. The arbitrator School Board shall be selected by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and bindingfinal.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may be invoked within seven 1. Level One
a. Within five (75) working days of the informal discussionoral answer, on or within twelve (12) days after presentation of the form set forth grievance at the Informal Level if no oral answer has been rendered, if the grievance is not resolved, it must be filed by the grievant with the principal in Appendix Cwriting, signed by the grievant and/or a xxxxxxx of grievant, on the BTU-TSPappropriate grievance form. The written grievance shall name the certificated school employee involved, which form shall be available from state the administrator or the BTU-TSP xxxxxxx in each work location. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. In the event that a BTU-TSP xxxxxxx has not signed facts giving rise to the grievance, a copy shall identify by specific reference all express articles or sections of this Contract alleged to be violated, shall state the contention of the grievance shall be provided grievant with respect to the BTU-TSP immediately upon provision(s) of said articles or sections, and shall indicate the filing of the grievancespecific relief requested.
STEP I The grievant may submit to the immediate supervisor a copy of the grievance form. b. Within seven (7) working days after receiving the written grievance, the principal shall communicate his answer in writing to the grievant.
2. Level Two
a. In the event that the grievance is not resolved at Level One, or if no written decision has been rendered within the time limit provided, the grievant may appeal the decision to Level Two provided said appeal is filed with the superintendent within ten (10) days of receipt of the grievancewritten answer at Level One or within seventeen (17) days after presentation of the grievance at Level One if no written answer has been rendered. The appeal shall include a copy of all materials and evidence previously submitted and a copy, at the immediate supervisor same time, shall meet with be given to the principal involved.
b. The grievant shall submit the written claim, signed by the grievant, to the superintendent of schools. Within ten (10) days from the receipt of the grievance the superintendent shall render a written decision to the grievant and/or as to the BTU- TSP in an effort to resolve resolution of the grievance. The immediate supervisor shall indicate superintendent may hold a formal hearing(s) prior to the disposition rendering of the grievance in writing within seven (7) working days after such meetingwritten decision, and an additional fourteen (14) days beyond the ten (10) days shall furnish a copy thereof to be allowed if the BTU-TSPsuperintendent determines further investigation is necessary.
STEP II If 3. Level Three
a. In the grievant or BTU-TSP event the grievance is not satisfied with the disposition of the grievanceresolved at Level Two, or if no disposition written decision has been made rendered within the specified time limitlimit provided, the grievant may submit the grievance shall be submitted to Employee & Labor Relations within seven (7) working days of the disposition, or expiration of school employer provided the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet grievant files said written appeal with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP school employer within seven (7) days of such a meeting.
STEP III If the grievant is not satisfied with the disposition receipt of the grievance by Employee & Labor Relationssuperintendent's written answer, or or, if no disposition written decision has been made within the specified time limit, the grievance may be submitted rendered by the BTU-TSP to arbitration before an impartial arbitrator superintendent, either within fifteen (15) working days of the date of the disposition at Step II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rules. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and binding.seventeen
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may be invoked within seven 1. Within five (75) working days of the informal discussionoral answer, on if the form set forth grievance is not resolved at the Informal Level, it must be filed by the grievant with his Principal in Appendix Cwriting, signed by the grievant and/or a xxxxxxx grievant. The written grievance shall name the certified school employee involved, shall state the facts giving rise to the grievance, shall identify by specific reference all articles or sections of this written Master Contract alleged to be violated, shall state the contention of the BTU-TSPgrievant with respect to the provision(s) of said articles or sections, which form and shall be available from indicate the administrator or specific relief requested. Within five (5) days after receiving the BTU-TSP xxxxxxx written grievance, the Principal shall communicate his answer in each work location. If writing to the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreementgrievant.
2. In the event that a BTU-TSP xxxxxxx the grievance is not resolved at step one, or if no written decision has not signed been rendered within the grievancetime limit provided, the grievant may appeal the decision provided said written appeal is filed with the Superintendent within five (5) days of receipt of the written answer from the Principal. The appeal shall include a copy of all materials and evidence previously submitted to his Principal. Within ten (10) days after receiving the grievance written grievance, the Superintendent shall be provided meet with the parties and render a written decision to the BTU-TSP immediately upon parties within five (5) days thereafter as to the filing resolution of the grievance.
STEP I The 3. In the event that the grievance is not resolved at step two, or if no written decision has been rendered within the time limit provided, the grievant may submit to appeal the immediate supervisor a copy of decision provided said written appeal is filed with the grievance form. Within seven Board within five (75) working days of receipt of the written answer from the Superintendent. The appeal shall include a copy of all materials and evidence previously submitted to the Superintendent. Within thirty (30) days after receiving the written grievance, the immediate supervisor Board shall meet with the grievant and/or the BTU- TSP in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish render a copy thereof written decision to the BTU-TSP.
STEP II If parties within five (5) days thereafter as to the grievant or BTU-TSP is not satisfied with the disposition resolution of the grievance.
4. In the event that the grievance is not resolved at step three, or if no disposition written decision has been made rendered within the specified time limit, the grievance shall be submitted to Employee & Labor Relations within seven (7) working days of the disposition, or expiration of the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP within seven (7) days of such a meeting.
STEP III If the grievant is not satisfied with the disposition of the grievance by Employee & Labor Relations, or if no disposition has been made within the specified time limitlimit provided, the grievance may be submitted by the BTU-TSP to arbitration before an impartial arbitrator provided that either party gives written notice to the other of such intent within fifteen ten (1510) working days of the date of the disposition at Step II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rulesBoard’s decision. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be is advisory only and the final and bindingdecision remains with the Board.
Appears in 2 contracts
Samples: Master Contract, Master Contract
Formal Grievance. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may be invoked within seven a. Level One
(71) working Within five (5) days of the informal discussionoral answer, on or within twelve (12) days after presentation of the form set forth grievance at the Informal Level if no oral answer has been rendered, or if the grievance is not resolved, it must be filed by the grievant with the principal or designee in Appendix Cwriting, signed by the grievant and/or a xxxxxxx of grievant, on the BTU-TSPappropriate grievance form (Appendix C). The written grievance shall name the certificated school employee involved, which form shall be available from state the administrator or the BTU-TSP xxxxxxx in each work location. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. In the event that a BTU-TSP xxxxxxx has not signed facts giving rise to the grievance, a copy shall identify by specific reference all express articles or sections of this Contract alleged to be violated, shall state the contention of the grievance shall be provided grievant with respect to the BTU-TSP immediately upon provision(s) of said articles or sections, and shall indicate the filing of the grievancespecific relief requested.
STEP I The grievant may submit to the immediate supervisor a copy of the grievance form. (2) Within seven (7) working days after receiving the written grievance, the principal or supervisor or his designee shall communicate his answer in writing to the grievant.
b. Level Two
(1) In the event that the grievance is not resolved at Level One, or if no written decision has been rendered within the time limit provided, the grievant may appeal the decision to Level Two provided said appeal is filed with the superintendent within ten (10) days of receipt of the grievancewritten answer at Level One or within seventeen (17) days after presentation of the grievance at Level One if no written answer has been rendered. The appeal shall include a copy of all materials and evidence previously submitted.
(2) The grievant shall submit the written claim, signed by him, to the immediate supervisor Superintendent of Schools. Within ten (10) days from the receipt of the grievance the superintendent shall meet with render a written decision to the grievant and/or as to the BTU- TSP in an effort to resolve resolution of the grievance. The immediate supervisor shall indicate superintendent may hold a formal hearing(s) prior to the disposition rendering of the grievance in writing within seven written decision and an additional fourteen (714) working days after such meeting, and beyond the ten (10) days shall furnish a copy thereof to be allowed if the BTU-TSPsuperintendent determines further investigation is necessary.
STEP II If c. Level Three
(1) In the grievant or BTU-TSP event the grievance is not satisfied with the disposition of the grievanceresolved at Level Two, or if no disposition written decision has been made rendered within the specified time limitlimit provided, the grievant may submit the grievance shall be submitted to Employee & Labor Relations within seven (7) working days of the disposition, or expiration of school employer provided the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet grievant files said written appeal with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP school employer within seven (7) days of such a meeting.
STEP III If the grievant is not satisfied with the disposition receipt of the grievance by Employee & Labor Relationssuperintendent's written answer, or or, if no disposition written decision has been made within the specified time limit, the grievance may be submitted rendered by the BTU-TSP to arbitration before an impartial arbitrator superintendent, either within fifteen (15) working days of the date of the disposition at Step II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rules. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and binding.seventeen
Appears in 1 contract
Samples: Master Agreement
Formal Grievance. If8.3.1 If the grievant believes that the grievance has not been redressed within 14 calendar days, as he/she may initiate a result formal grievance within seven calendar days thereafter. A formal grievance can only be initiated by completing and filing with the Human Resources Department a form provided by the Human Resources Department for this purpose. The form shall contain:
1. Name(s) and signature(s) of xxxxxxxx(s);
2. Class Title(s);
3. Department(s);
4. Mailing address(es);
5. A clear statement of the nature of the grievance (citing applicable ordinance, rules or regulations, or contract language), statement must specify what provision(s) have been violated and how such violation(s) occurred;
6. The date upon which the event giving rise to the alleged grievance occurred;
7. The date upon which the informal discussion with the immediate supervisorsupervisor took place;
8. A proposed solution to the grievance;
9. The date of execution of the grievance form;
10. The signature of the grievant;
11. The name of the organization, an if any, representing the grievant followed by the signature of the organization’s representative.
8.3.2 In cases of alleged grievance still existsirreparable injury, the following formal Association (only) may invoke "immediate arbitration." The purpose of this provision is to have a determination by the arbitrator of the propriety or impropriety of the intended action before the action/omission occurs. The parties shall, by mutual agreement, or "striking", choose an arbitrator within five workdays of the grievance reaching level 3, or use the usual "striking" procedure and timelines if the action is stayed pending a decision. There shall be oral argument after the evidence is submitted. Post hearing briefs may be invoked within seven (7) working days of the informal discussion, on the form set forth in Appendix C, signed by the grievant and/or a xxxxxxx of the BTU-TSP, which form shall be available from the administrator or the BTU-TSP xxxxxxx in each work location. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived submitted by mutual agreement. In Pre-hearing briefs may be submitted at the event that option of either party.
8.3.3 Step 1 Within three calendar weeks after a BTU-TSP xxxxxxx has not signed formal grievance is filed, the department head shall investigate the grievance, a copy of the grievance shall be provided to the BTU-TSP immediately upon the filing of the grievance.
STEP I The grievant may submit to the immediate supervisor a copy of the grievance form. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet confer with the grievant and/or the BTU- TSP in an effort attempt to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish make a copy thereof to the BTU-TSPdecision in writing.
STEP II If the grievant or BTU-TSP is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to Employee & Labor Relations within seven (7) working days of the disposition, or expiration of the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP within seven (7) days of such a meeting.
STEP III If the grievant is not satisfied with the disposition of the grievance by Employee & Labor Relations, or if no disposition has been made within the specified time limit, the grievance may be submitted by the BTU-TSP to arbitration before an impartial arbitrator within fifteen (15) working days of the date of the disposition at Step II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rules. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and binding.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Grievance. If, as a result of (a) I f the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may be invoked within seven (7) working days of the informal discussion, on the form set forth in Appendix C, signed by the grievant and/or a xxxxxxx of the BTU-TSP, which form shall be available from the administrator or the BTU-TSP xxxxxxx in each work location. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. In the event that a BTU-TSP xxxxxxx has not signed the grievance, a copy of the grievance shall be provided to the BTU-TSP immediately upon the filing of the grievance.
STEP I The grievant may submit to the immediate supervisor a copy of the grievance form. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the BTU- TSP in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the BTU-TSP.
STEP II If the grievant or BTU-TSP employee is not satisfied with the disposition of the grievance, response from his or if no disposition has been made within the specified time limither supervisor, the grievance shall be submitted to Employee & Labor Relations within seven (7) working days of employee or the disposition, or expiration of the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet with the grievant and/or the BTU-TSP and shall indicate the disposition of the Union may present a formal grievance in writing to the grievant and/or BTU-TSP within seven (7) days of such a meeting.
STEP III If the grievant is not satisfied with the disposition of the grievance by Employee & Labor Relations, Chief Executive Officer or if no disposition has been made within the specified time limit, the grievance may be submitted by the BTU-TSP to arbitration before an impartial arbitrator his/her designee within fifteen (15) working days of the date of the disposition at Step IIwritten response. I f the employee has not received a response from his or her supervisor within the fifteen working day limit provided in Section 8.4, a formal grievance may be presented within fifteen working days of the expiration of that period.
(b) The grievance form shall contain information identifying:
(1) The aggrieved;
(2) The specific nature of the grievance;
(3) The time and place of its occurrence;
(4) The provision(s) of this Agreement or Personnel Rule alleged to have been violated, improperly interpreted, applied or misapplied;
(5) The consideration given or steps taken to secure an informal resolution; and
(6) The corrective action desired.
(c) The Chief Executive Officer or his/her designee shall, within twenty working days, investigate the matter and convey a decision to the aggrieved in writing, with copies to the Union and the Chief Xxxxxxx.
(d) I f the employee is not satisfied with the written decision, or i f the employee has not received a response within the twenty working day limit set forth in subsection (c), the Union may request that the grievance be referred to an impartial arbitrator. The request for arbitration shall be directed in writing to the Chief Executive Officer and must be made within fifteen working days of receipt by the Union of the Chief Executive Officer's decision or the expiration of the twenty-day period, whichever is sooner. A pre- arbitration meeting shall be held at the request of either party, at which the grievant may be accompanied by his or her Xxxxxxx and/or the Chief Xxxxxxx.
(e) I f no request for arbitration is made within the foregoing time limitperiods, the decision of the Chief Executive Officer shall be final and binding. If I f the parties cannot agree as Chief Executive Officer fails to respond in writing and the arbitrator within seven (7) working days Union fails to timely request arbitration of the grievance, the decision of the employee's supervisor shall be final and binding. In either case, a failure to timely request arbitration shall be deemed a waiver of the right to arbitration.
Section 8.6 Arbitration No grievance, except for an appeal from a decision of the Chief Executive Officer regarding termination, suspension or demotion, shall be arbitrated without the written concurrence of the Union. I f the employee proceeds without the Union, the Union reserves the right to appear and wil l receive notification from the notification date that arbitration will be pursuedCourt within ten days of the matter being heard. I f the Union does not appear, no settlement or decision would set precedence on the Union or any member of the bargaining unit. Within forty-five calendar days of the receipt of the request for arbitration, the BTU-TSP will contact Employee & Labor Relations one final time for Court and the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to Union shall select an arbitrator in accordance with their rulesarbitrator. The arbitrator shall be selected by mutual agreement or by striking from the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedingspanel of arbitrators set forth below. The arbitrator shall limit his/her be a member of the National Academy of Arbitrators, and must have experience in labor-management and employment matters. The decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and binding. The fees and expenses of the arbitrator (including transcription fees) shall be borne equally by the Union (or the Employee proceeding without the Union) and the Court; and each party shall bear its own arbitration expenses. For the term of this Agreement, the Court and the Union have agreed to the following panel: Xxxx Xxxxx Xxxxx Xxxxxxxx Xxxx X'Xxxxxx Xxxxxxxxx Xxxx Xxx Xxxxxxx
Section 9.1 Seniority Defined For purposes of layoff, seniority shall be defined as date of hire in the affected class with the Court, as well as time served with the former Santa Xxxxx County Municipal Court and the County Clerk's Office in accordance with Section 9.6; Date of hire and time served in higher classifications in a regular capacity shall be added to an employee's seniority calculation for the affected class. The employee who has been employed the least amount of time in the affected class, inclusive of any regular employment in any higher classifications, shall be laid off first. Ties shall be broken by all hours accrued with the Court (including the former Santa Xxxxx County Municipal Court, the Santa Xxxxx County Superior Court, and the County Clerk's Office).
Section 9.2 Effect of Leaves of Absence on Seniority Rights Employees shall not accrue additional days of service, and date of hire within a class shall be adjusted for an unpaid leave of absence of a duration longer than one full pay period, except for time spent on FMLA, medical leave without pay approved by the Chief Executive Officer, pregnancy disability leave, workers' compensation leave, leave to work for the Union, and military leave.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Grievance. If, as a result a. Step One
i. A written grievance shall be filed no later than thirty (30) calendar days from the date the grievant or the Union first became aware of the informal discussion event or action which gave rise to the alleged violation, or should have become aware of with the immediate supervisorexercise of reasonable diligence, an alleged grievance still existsabout which the employee claims to have a grievance. Within ten (10) calendar days of the filing, a meeting shall be held with the employee, a designated Union representative, and the Associate Xxxx of the Library or designee who has authority to resolve the dispute.
ii. Within ten (10) calendar days after this meeting, the following formal designated Step One College representative shall issue a grievance procedure response in writing. The response shall state the reasons for denying or upholding the grievance. If the grievance is upheld, the response shall include a proposed resolution.
iii. The grievance may be invoked within amended up to seven (7) working days of before the informal discussion, on the form set forth in Appendix C, signed by the grievant and/or a xxxxxxx of the BTU-TSP, which form shall be available from the administrator or the BTU-TSP xxxxxxx in each work location. Step 2 hearing.
b. Step Two
i. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations is not resolved at Step II and informal discussion One, the grievant may be waived by mutual agreement. In file an appeal with the event Human Resources Department, requesting that a BTU-TSP xxxxxxx has not signed the grievance, a copy of the grievance shall be provided to the BTU-TSP immediately upon the filing of the grievance.
STEP I The grievant may submit to the immediate supervisor heard by a copy of the grievance form. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet hearing panel with the grievant and/or the BTU- TSP in an effort authority to resolve the grievance. The immediate supervisor hearing panel shall indicate consist of one non-UC-AFT, non- management College employee (excluding the disposition Chancellor & Xxxx, the General Counsel, the Human Resources Director, and Library Management), one member of the grievance in writing within seven (7) working days after such meetingSenior Management Group, and one non-administrative faculty member. All members of the panel shall furnish be selected at random from a copy thereof list of volunteers who are publicly recruited annually by email through the Human Resources Department. No member of the panel shall have been directly involved with the circumstances leading to the BTU-TSPgrievance.
STEP II If the grievant or BTU-TSP is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance ii. The hearing shall be submitted to Employee & Labor Relations scheduled within seven fifteen (715) working days of the disposition, or expiration of the time limit. Within twelve (12) working calendar days of receipt of the grievanceappeal, Employee & Labor Relations and shall meet with be held within forty-five (45) days of receipt of the appeal. The College and the grievant and his/her representative must present all known evidence and/or contentions relevant to the BTU-TSP grievance at this step. Evidence and/or witnesses may be presented at the hearing by the grievant and shall indicate the disposition College, respectively. Contentions not made known by the parties prior to the end of the grievance in writing to hearing are not subsequently admissible.
iii. Each party shall provide the grievant and/or BTU-TSP within other with relevant material and names of witnesses who will be introduced at the hearing. To the extent possible, this material should be provided at least seven (7) calendar days of such a meetingprior to the hearing.
STEP III If iv. The hearing shall be closed unless both parties agree to an open hearing. The hearing shall be recorded and copies of the recording made available to the grievant is not satisfied with the disposition at no cost, if requested. In addition, either party may make provision for a stenographic report of the grievance by Employee & Labor Relationshearing subject to the payment of cost or the parties may agree, or if no disposition has been made within in advance, to share the specified time limit, expense of a stenographic report.
v. The responsibilities of the hearing panel are as follows:
a) Conduct an independent hearing to determine whether the action grieved was in violation of this MOU.
b) Identify the issues presented in the grievance may and at the hearing.
c) Limit the scope of the testimony and evidence to the issues identified in the grievance and at the hearing. Evidence must be submitted by relevant to the BTU-TSP to arbitration before an impartial arbitrator within issues presented.
d) Within fifteen (15) working calendar days, the panel shall prepare a written report that shall be provided to the grievant, the Union, Human Resources Director, and the Chancellor & Xxxx. The report shall include:
1. A brief description of each incident or action grieved,
2. A description of each issue under submission,
3. A statement indicating the position of the parties,
4. Any findings of fact and/or MOU violations, and
5. A decision that upholds or denies the grievance, or, alternatively, provides a proposed resolution. Any findings of fact must be supported by the evidence and the decision shall be supported by the findings.
e) The hearing panel shall have no authority to depart from or otherwise modify this MOU.
c. Step Three
i. If the grievance is not satisfactorily resolved at Step Two, the grievant and/or UC-AFT may file a written request for review with the Chancellor & Xxxx no later than ten (10) calendar days after receipt of the Step Two response. The grievant shall attach a copy of the Step One grievance response and hearing panel’s Step Two report, together with any documents presented at those levels. Within twenty-one (21) calendar days of the date receipt of the disposition at Step IIThree filing, the Chancellor & Xxxx shall issue a grievance response in writing accepting, rejecting, or modifying the expiration decision of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their ruleshearing panel. The arbitrator decision of the Chancellor & Xxxx shall be selected final, except as provided by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedingsprocedure.
ii. The arbitrator Chancellor & Xxxx shall limit forward a copy of his/her decision to the application and interpretation Department of this agreement and Human Resources. The Department of Human Resources shall have no power to amend, modify, nullify, alter, add to, or subtract from forward the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed report to the other party. Both parties agree that the award of the arbitrator shall be final and bindingrespective parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Grievance. If8.3.1 If the grievant believes that the grievance has not been redressed within 14 calendar days, as he/she may initiate a result formal grievance within seven calendar days thereafter. A formal grievance can only be initiated by completing and filing with the Human Resources Department a form provided by the Human Resources Department for this purpose. The form shall contain:
1. Name(s) and signature(s) of grievant(s);
2. Class Title(s);
3. Department(s);
4. Mailing address(es);
5. A clear statement of the nature of the grievance (citing applicable ordinance, rules or regulations, or contract language), statement must specify what provision(s) have been violated and how such violation(s) occurred;
6. The date upon which the event giving rise to the alleged grievance occurred;
7. The date upon which the informal discussion with the immediate supervisorsupervisor took place;
8. A proposed solution to the grievance;
9. The date of execution of the grievance form;
10. The signature of the grievant;
11. The name of the organization, an if any, representing the grievant followed by the signature of the organization’s representative.
8.3.2 In cases of alleged grievance still existsirreparable injury, the following formal Association (only) may invoke "immediate arbitration." The purpose of this provision is to have a determination by the arbitrator of the propriety or impropriety of the intended action before the action/omission occurs. The parties shall, by mutual agreement, or "striking", choose an arbitrator within five workdays of the grievance reaching level 3, or use the usual "striking" procedure and timelines if the action is stayed pending a decision. There shall be oral argument after the evidence is submitted. Post hearing briefs may be invoked within seven (7) working days of the informal discussion, on the form set forth in Appendix C, signed by the grievant and/or a xxxxxxx of the BTU-TSP, which form shall be available from the administrator or the BTU-TSP xxxxxxx in each work location. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived submitted by mutual agreement. In Pre-hearing briefs may be submitted at the event that option of either party.
8.3.3 Step 1 Within three calendar weeks after a BTU-TSP xxxxxxx has not signed formal grievance is filed, the department head shall investigate the grievance, a copy of the grievance shall be provided to the BTU-TSP immediately upon the filing of the grievance.
STEP I The grievant may submit to the immediate supervisor a copy of the grievance form. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet confer with the grievant and/or the BTU- TSP in an effort attempt to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish make a copy thereof to the BTU-TSPdecision in writing.
STEP II If the grievant or BTU-TSP is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to Employee & Labor Relations within seven (7) working days of the disposition, or expiration of the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP within seven (7) days of such a meeting.
STEP III If the grievant is not satisfied with the disposition of the grievance by Employee & Labor Relations, or if no disposition has been made within the specified time limit, the grievance may be submitted by the BTU-TSP to arbitration before an impartial arbitrator within fifteen (15) working days of the date of the disposition at Step II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rules. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and binding.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Grievance. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may be invoked within seven a. Level One
(71) working Within five (5) days of the informal discussionoral answer, on or within twelve (12) days after presentation of the form set forth grievance at the Informal Level if no oral answer has been rendered, or if the grievance is not resolved, it must be filed by the grievant with the principal or designee in Appendix Cwriting, signed by the grievant and/or a xxxxxxx of grievant, on the BTU-TSPappropriate grievance form (Appendix D). The written grievance shall name the certificated school employee involved, which form shall be available from state the administrator or the BTU-TSP xxxxxxx in each work location. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. In the event that a BTU-TSP xxxxxxx has not signed facts giving rise to the grievance, a copy shall identify by specific reference all express articles or sections of this Contract alleged to be violated, shall state the contention of the grievance shall be provided grievant with respect to the BTU-TSP immediately upon provision(s) of said articles or sections, and shall indicate the filing of the grievancespecific relief requested.
STEP I The grievant may submit to the immediate supervisor a copy of the grievance form. (2) Within seven (7) working days after receiving the written grievance, the principal or supervisor or his designee shall communicate his answer in writing to the grievant.
b. Level Two
(1) In the event that the grievance is not resolved at Level One, or if no written decision has been rendered within the time limit provided, the grievant may appeal the decision to Level Two provided said appeal is filed with the superintendent within ten (10) days of receipt of the grievancewritten answer at Level One or within seventeen (17) days after presentation of the grievance at Level One if no written answer has been rendered. The appeal shall include a copy of all materials and evidence previously submitted.
(2) The grievant shall submit the written claim, signed by him/her, to the immediate supervisor Superintendent of Schools. Within ten (10) days from the receipt of the grievance the superintendent shall meet with render a written decision to the grievant and/or as to the BTU- TSP in an effort to resolve resolution of the grievance. The immediate supervisor shall indicate superintendent may hold a formal hearing(s) prior to the disposition rendering of the grievance in writing within seven written decision and an additional fourteen (714) working days after such meeting, and beyond the ten (10) days shall furnish a copy thereof to be allowed if the BTU-TSPsuperintendent determines further investigation is necessary.
STEP II If c. Level Three
(1) In the grievant or BTU-TSP event the grievance is not satisfied with the disposition of the grievanceresolved at Level Two, or if no disposition written decision has been made rendered within the specified time limitlimit provided, the grievant may submit the grievance shall be submitted to Employee & Labor Relations within seven (7) working days of the disposition, or expiration of school employer provided the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet grievant files said written appeal with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP school employer within seven (7) days of such a meeting.
STEP III If the grievant is not satisfied with receipt of the disposition superintendent's written answer, or, if no written decision has been rendered by the superintendent, either within seventeen (17) days or within thirty-one (31) days after presentation of the grievance by Employee & Labor Relationsat Level Two, or if no disposition has been made within whichever is applicable. The Board may hold a formal hearing(s) prior to the specified time limit, the grievance may be submitted by the BTU-TSP to arbitration before an impartial arbitrator within fifteen (15) working days rendering of the date written decision and an additional fourteen (14) days beyond the ten (10) days shall be allowed if the Board determines further investigation is necessary. The decision of the disposition at Step II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rules. The arbitrator School Board shall be selected by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and bindingfinal.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Grievance. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may be invoked within seven a. Level One
(71) working Within five (5) days of the informal discussionoral answer, on or within ten (10) days after presentation of the form set forth grievance at the Informal Level if no oral answer has been rendered, if the grievance is not resolved, it must be filed by the grievant with the principal or his designee in Appendix Cwriting, signed by the grievant and/or a xxxxxxx grievant, on the grievance form included in Appendix C. The written grievance shall name the certificated school employee involved, shall state the facts giving rise to the grievance, shall identify by specific reference all express articles or sections of this Contract alleged to be violated, shall state the contention of the BTU-TSPgrievant with respect to the provision(s) of said articles or s e c t i o n s , which form a n d s h a l l i n d i c a t e t h e s p e c i f i c r e l i e f r e q u e s t e d .
(2) Within five (5) days after receiving the written grievance, the principal or his designee shall be available from communicate his answer in writing to the administrator or the BTU-TSP xxxxxxx in each work location. If the grievance involves more than one grievant.
b. Level Two
(1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. In the event that a BTU-TSP xxxxxxx the grievance is not resolved at Level One, or if no written decision has not signed been rendered within the grievancetime limit provided, the grievant may appeal the decision to Level Two provided said appeal is filed with the Superintendent within ten (10) days of receipt of the written answer at Level One or within fifteen (15) days after presentation of the grievance at Level One if no written answer has been rendered. The appeal shall include a copy of all materials and evidence previously submitted and a copy, at the same time, shall be given to the principal involved.
(2) The gr i e v a nt shall submit the written claim signed by him, to the Superintendent of Schools. Within ten (10) days from the receipt of the grievance the Superintendent shall be provided hold a hearing and render a written decision to the BTU-TSP immediately upon grievant as to the filing resolution of the grievance.
STEP I The grievant may submit to c. Level Three
(1) In the immediate supervisor a copy of event the grievance form. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the BTU- TSP in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the BTU-TSP.
STEP II If the grievant or BTU-TSP is not satisfied with the disposition of the grievanceresolved at Level Two, or if no disposition written decision has been made rendered within the specified time limitlimit provided, the grievant may submit the grievance shall be submitted to Employee & Labor Relations within seven (7) working days of the disposition, or expiration of school employer provided the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet grievant files said written appeal with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP school employer within seven (7) days of such the receipt of the Superintendent’s written answer or, if no written answer has been rendered by the Superintendent, within seventeen (17) days after presentation of the written grievance at Level Two. Upon receipt of said appeal, the school employer shall hold a meeting.
STEP III If the grievant is not satisfied with hearing within twenty (20) days to c o n s i d e r and finally rule on the disposition of the grievance by Employee & Labor Relations, or if no disposition has been made within the specified time limit, the grievance may be submitted by the BTU-TSP to arbitration before an impartial arbitrator within fifteen (15) working days of the date of the disposition at Step II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rules. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and bindinggrievance.
Appears in 1 contract
Samples: Master Agreement
Formal Grievance. IfIf the grievant believes that the issue(s) of the grievance have not been resolved within five (5) work days of the informal presentation the grievant may initiate a formal grievance within five (5) work days thereafter. A formal grievance can be initiated by completing and filing a County Employee Grievance Form with the Human Resources & Development Department. The form shall contain:
1) Name(s), as a result class title(s), department(s) and mailing address(s) of the grievants,
2) A clear statement of the nature of the grievance (citing the applicable ordinance, rule, regulation, or contract language),
3) The date upon which the event giving rise to the alleged grievance occurred,
4) The date upon which the informal discussion with the immediate supervisor, an alleged supervisor or Human Resources Officer took place,
5) A proposed solution to the grievance,
6) The date of the execution of the grievance still exists, the following formal grievance procedure may be invoked within seven (form,
7) working days The signature of the informal discussiongrievant(s),
8) The name of the organization, on if any, representing the form set forth in Appendix C, signed grievant followed by the grievant and/or a xxxxxxx signature of the BTU-TSP, which form shall be available from the administrator or the BTU-TSP xxxxxxx in each work locationorganization’s representative.
C. Step 1
D. Step 2
1. If the grievance involves is not resolved in Step 1 to the satisfaction of the grievant, the grievant may, within not more than one five (15) work location, a group of employees, or arises days from the action or inaction r e c e i p t of the administration above the level of the immediate supervisorSupervisor’s or Manager’s decision, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. In the event that a BTU-TSP xxxxxxx has not signed the grievance, a copy request consideration of the grievance shall be provided to by the BTU-TSP immediately upon Appointing Authority, by so notifying the filing of the grievanceHuman Resources & Development Department in writing.
STEP I The grievant may submit to the immediate supervisor a copy of the grievance form2. Within seven ten (710) working work days of receipt after such notification, the Appointing Authority shall commence investigation of the grievance, the immediate supervisor shall meet confer with the grievant and/or and other persons affected and their representatives (if any) to the BTU- TSP extent he deems necessary, and render a decision in an effort to resolve writing.
3. If the grievance. The immediate supervisor shall indicate the disposition written decision of the Appointing Authority resolves the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the BTU-TSPsatisfaction of the grievant, it shall end the grievance process.
STEP II If 1. A final appeal may be filed by the grievant or BTU-TSP is not satisfied grievant, in writing, with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to Employee Human Resources & Labor Relations within seven Development Department not more than five (75) working work days of the disposition, or expiration of the time limit. Within twelve (12) working days of from receipt of the grievance, Employee & Labor Relations shall meet with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP within seven (7) days of such a meetingAppointing Authority’s decision.
STEP III If 2. The grievance will be reviewed by the Grievance Panel, which shall serve as the neutral factfinder, consisting of one County employee selected by the grievant, one person appointed by the department and one member appointed by the Board of Supervisors. Persons selected to serve on the Grievance Panel shall not have any personal knowledge or interest in the matter being aggrieved. The Board appointed member shall serve as the Panel Chair.
3. A grievant shall have the opportunity to present the grievant’ s argument before the Grievance Panel. The parties shall have the right, but is not satisfied with required to, submit evidence, call witnesses to provide sworn testimony, and submit legal briefs on the disposition aggrieved matter. The parties shall exchange witness names and contact information, scope of witness testimony, and any other evidence to be presented at the grievance by Employee & Labor Relations, or if hearing no disposition has been made within the specified time limit, the grievance may be submitted by the BTU-TSP later than 20 days prior to arbitration before an impartial arbitrator within fifteen (15) working days of the date of the disposition at Step II, or the expiration of the time limithearing. If the parties cannot agree grievant chooses to waive these rights, he/she must sign a waiver and acknowledgement that the grievant is knowingly and voluntarily accepting the panel’s resolution as final and binding.
4. Failure on the part of the County or the grievant to appear before the arbitrator within seven (7) working days from Grievance Panel, without good cause as determined by the notification date that arbitration will be pursuedPanel Chairman, shall result in forfeiture of the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rulescase.
5. The arbitrator decision of the Grievance Panel shall be selected by made in writing within thirty (30) calendar days after the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedingsgrievance appeal hearing record has closed. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator Grievance Panel shall be final and bindingbinding on all parties, subject to ratification by the Board of Supervisors if the decision requires an unbudgeted expenditure.
Appears in 1 contract
Samples: Memorandum of Understanding
Formal Grievance. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may be invoked within seven a. Level One
(71) working Within five (5) days of the informal discussionoral answer, on or within ten (10) days after presentation of the form set forth grievance at the Informal Level if no oral answer has been rendered, if the grievance is not resolved, it must be filed by the grievant with the principal or his designee in Appendix Cwriting, signed by the grievant and/or a xxxxxxx grievant, on the grievance form included in Appendix C. The written grievance shall name the certificated school employee involved, shall state the facts giving rise to the grievance, shall identify by specific reference all express articles or sections of this Contract alleged to be violated, shall state the contention of the BTU-TSPgrievant with respect to the provision(s) of said articles or s e c t io n s , which form a n d s ha l l i n d i c a t e t he s p e c i f i c r e l i e f r e q u e s t e d .
(2) Within five (5) days after receiving the written grievance, the principal or his designee shall be available from communicate his answer in writing to the administrator or the BTU-TSP xxxxxxx in each work location. If the grievance involves more than one grievant.
b. Level Two
(1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. In the event that a BTU-TSP xxxxxxx the grievance is not resolved at Level One, or if no written decision has not signed been rendered within the grievancetime limit provided, the grievant may appeal the decision to Level Two provided said appeal is filed with the Superintendent within ten (10) days of receipt of the written answer at Level One or within fifteen (15) days after presentation of the grievance at Level One if no written answer has been rendered. The appeal shall include a copy of all materials and evidence previously submitted and a copy, at the same time, shall be given to the principal involved.
(2) The gr ie va nt s ha l l su bmit t he wr it t en c la im s ig ne d by him, to t he Superintendent of Schools. Within ten (10) days from the receipt of the grievance the Superintendent shall be provided hold a hearing and render a written decision to the BTU-TSP immediately upon grievant as to the filing resolution of the grievance.
STEP I The grievant may submit to c. Level Three
(1) In the immediate supervisor a copy of event the grievance form. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the BTU- TSP in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the BTU-TSP.
STEP II If the grievant or BTU-TSP is not satisfied with the disposition of the grievanceresolved at Level Two, or if no disposition written decision has been made rendered within the specified time limitlimit provided, the grievant may submit the grievance shall be submitted to Employee & Labor Relations within seven (7) working days of the disposition, or expiration of school employer provided the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet grievant files said written appeal with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP school employer within seven (7) days of such a meeting.
STEP III If the grievant is not satisfied with the disposition receipt of the grievance by Employee & Labor RelationsSuperintendent’s written answer or, or if no disposition written answer has been made rendered by the Superintendent, within seventeen (17) days after presentation of the specified time limitwritten grievance at Level Two. Upon receipt of said appeal, the grievance may be submitted by the BTU-TSP school employer shall hold a hearing within twenty (20) days to arbitration before an impartial arbitrator within fifteen (15) working days of the date of the disposition at Step II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rules. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and bindingc o n s i d e r a n d finally r u l e o n t h e d i s p o s i t i o n o f t h e g r i e v a n c e .
Appears in 1 contract
Samples: Master Agreement
Formal Grievance. If13.5.1 If the grievant believes that the issue(s) of the grievance have not been resolved within five (5) work days of the informal presentation the grievant may initiate a formal grievance within five (5) work days thereafter. A formal grievance can be initiated by completing and filing a County Employee Grievance Form with the Human Resources & Development Department. The form shall contain:
1) Name(s), as a result class title(s), department(s) and mailing address(s) of the grievant(s),
2) A clear statement of the nature of the grievance (citing the applicable ordinance, rule, regulation, or contract language),
3) The date upon which the event giving rise to the alleged grievance occurred,
4) The date upon which the informal discussion with the immediate supervisor, an alleged grievance still exists, supervisor or Human Resources Officer took place,
5) A proposed solution to the following formal grievance procedure may be invoked within seven (7grievance,
6) working days The date of the informal discussion, on the form set forth in Appendix C, signed by the grievant and/or a xxxxxxx of the BTU-TSP, which form shall be available from the administrator or the BTU-TSP xxxxxxx in each work location. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. In the event that a BTU-TSP xxxxxxx has not signed the grievance, a copy of the grievance shall be provided to the BTU-TSP immediately upon the filing of the grievance.
STEP I The grievant may submit to the immediate supervisor a copy execution of the grievance form. Within seven (,
7) working The signature of the grievant(s),
8) The name of the organization, if any, representing the grievant followed by the signature of the organization’s representative.
13.5.2 Step 1
13.5.3 Step 2
a) If the grievance is not resolved in Step 1 to the satisfaction of the grievant, the grievant may, within not more than five (5) work days from receipt of receipt the Supervisor’s or Manager’s decision, request consideration of the grievance by the Appointing Authority, by so notifying the Human Resources & Development Department in writing.
b) Within ten (10) workdays after such notification, the Appointing Authority shall commence investigation of the grievance, the immediate supervisor shall meet confer with the grievant and/or and other persons affected and their representatives (if any) to the BTU- TSP extent he deems necessary, and render a decision in an effort to resolve writing.
c) If the grievance. The immediate supervisor shall indicate the disposition written decision of the Appointing Authority resolves the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the BTU-TSPsatisfaction of the grievant, it shall end the grievance process.
STEP II If 13.5.4 Step 3
a) A final appeal may be filed by the grievant or BTU-TSP is not satisfied grievant, in writing, with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to Employee Human Resources & Labor Relations within seven Development Department not more than five (75) working days of the disposition, or expiration of the time limit. Within twelve (12) working days of workdays from receipt of the grievance, Employee & Labor Relations shall meet with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP within seven (7) days of such a meetingAppointing Authority’s decision.
STEP III If b) The grievance will be reviewed by the Grievance Panel, which shall serve as the neutral factfinder, consisting of one County employee selected by the grievant, one person appointed by the department and one member appointed by the Board of Supervisors. Persons selected to serve on the Grievance Panel shall not have any personal knowledge or interest in the matter being aggrieved. The Board appointed member shall serve as the Panel Chair.
c) A grievant shall have the opportunity to present the grievant’s argument before the Grievance Panel. The parties shall have the right, but is not satisfied with required to, submit evidence, call witnesses to provide sworn testimony, and submit legal briefs on the disposition aggrieved matter. The parties shall exchange witness names and contact information, scope of witness testimony, and any other evidence to be presented at the grievance by Employee & Labor Relations, or if hearing no disposition has been made within the specified time limit, the grievance may be submitted by the BTU-TSP later than 20 days prior to arbitration before an impartial arbitrator within fifteen (15) working days of the date of the disposition at Step II, or the expiration of the time limithearing. If the parties cannot agree grievant chooses to waive these rights, he or she must sign a waiver and acknowledgement that the grievant is knowingly and voluntarily accepting the panel’s resolution as final and binding.
d) Failure on the part of the County or the grievant to appear before the arbitrator Grievance Panel, without good cause as determined by the Panel Chair, shall result in forfeiture of the case.
e) The decision of the Grievance Panel shall be made in writing within seven thirty (730) working calendar days from after the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rulesgrievance appeal hearing record has closed. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator Grievance Panel shall be final and bindingbinding on all parties, subject to ratification by the Board of Supervisors if the decision requires an unbudgeted expenditure.
Appears in 1 contract
Samples: Memorandum of Understanding
Formal Grievance. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may be invoked within seven 1. Level One
a. Within ten (710) working days of the informal discussionoral answer, on if the form set forth grievance is not resolved, it must be filed by the grievant with the principal, in Appendix Cwriting, signed by the grievant and/or a xxxxxxx grievant, on the appropriate grievance form. The written grievance shall name the grievant, shall state the facts giving rise to the grievance, shall identify by specific reference all Articles or Sections of this Contract alleged to be violated, shall state the contention of the BTU-TSPgrievant with respect to the provision(s) of said Articles or Sections, which form and shall be available from indicate the administrator or specific relief requested.
b. Within ten (10) days after receiving the BTU-TSP xxxxxxx written grievance, the principal shall communicate the principal's answer, in each work locationwriting, to the grievant.
2. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. Level Two
a. In the event that a BTU-TSP xxxxxxx the grievance is not resolved at Level One, or if no written decision has not signed been rendered within the grievancetime limit provided, the grievant may appeal the decision to Level Two, provided said appeal is filed with the Superintendent within ten (10) days of receipt of the written answer at Level One. The appeal shall include a copy of all materials and evidence previously submitted. At the same time a copy shall be given to the principal involved.
b. The grievant shall submit the written claim signed by him, to the Superintendent of Schools. Within ten (10) days from the receipt of the grievance the Superintendent shall render a written decision to the grievant as to the resolution of the grievance. The Superintendent may hold a formal hearing(s) prior to the rendering of the written decision, and an additional fourteen (14) days beyond the ten (10) days shall be allowed if the Superintendent determines further investigation is necessary.
3. Level Three
a. In the event the grievance is not resolved at Level Two, or if no written decision has been rendered within the time limit provided, the grievant may submit the grievance to the Board provided the grievant files said written appeal with the Board within ten (10) days of the receipt of the Superintendent's written answer. Upon receipt of said appeal, the Board shall consider and finally rule on the disposition of the grievance. General Provisions
1. Decisions rendered at Formal Level One, Level Two, and Level Three of this Procedure shall be in writing.
2. All documents, communications and records dealing with the processing of a grievance shall be filed separate from the personnel files of the grievant.
3. All necessary forms for grievance procedures set forth in this Procedure shall be provided by the Superintendent or the Association Co-Presidents.
4. Failure at any level of this Procedure to render the decision on a grievance within the specified time limits shall permit the grievant to proceed to the BTUnext level, unless said time limits be extended by mutual consent of both parties. However, the grievance must be appealed by the grievant to the next level within the specified time limit for that level or said grievance shall be deemed resolved by the Board's answer at the previous level and abandoned.
5. Any hearing at the Informal Level and at Formal Level One, Level Two, and Level Three shall be held during non-TSP immediately upon teaching hours unless otherwise directed by the filing Board.
6. No teacher shall use this Procedure to dispute any action by the Board, which is applicable to Indiana Code.
7. No teacher shall use this Procedure to appeal any decision by the Board or administration if such decision is applicable to a State or Federal Regulatory Commission or Agency.
8. Teachers shall follow all written and verbal directives, even if such directives are allegedly in conflict with this Contract. Compliance with such directives will not in any way prejudice the teacher's right to file a grievance with the time limits herein, nor shall compliance affect the ultimate resolution of the grievance.
STEP I The grievant may submit to the immediate supervisor a copy of the 9. This Procedure supersedes and cancels all previous grievance form. Within seven (7) working days of receipt of the grievancepolicies or procedures, the immediate supervisor shall meet with the grievant and/or the BTU- TSP in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meetingverbal or written or based on alleged past practices or procedures, and shall furnish a copy thereof to constitutes the BTU-TSP.
STEP II If the grievant or BTU-TSP is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to Employee & Labor Relations within seven (7) working days of the disposition, or expiration of the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP within seven (7) days of such a meeting.
STEP III If the grievant is not satisfied with the disposition of the grievance by Employee & Labor Relations, or if no disposition has been made within the specified time limit, the grievance may be submitted by the BTU-TSP to arbitration before an impartial arbitrator within fifteen (15) working days of the date of the disposition at Step II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time entire procedure for the purpose processing of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rules. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and bindinggrievances.
Appears in 1 contract
Samples: Master Contract
Formal Grievance. If A grievance is defined as an alleged violation of this Agreement. It is understood that until the employee, as a result of the informal discussion together with the immediate supervisorUnion, an alleged grievance still existsspecifies that the problem raised is a grievance, the following formal grievance procedure may be invoked within seven (7) working days of the informal discussion, on the form set forth in Appendix C, signed by the grievant and/or matter at issue remains a xxxxxxx of the BTU-TSP, which form complaint only and shall be available from handled at the administrator or the BTU-TSP xxxxxxx in each work locationSupervisory level.
1. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. In the event that a BTU-TSP xxxxxxx has not signed the grievance, a copy of the The grievance shall be provided put in writing and submitted to the BTU-TSP aggrieved employee's immediate supervisor or administrator most immediately upon responsible for the filing of area from which the grievance.problem/complaint arises.
STEP I The grievant may submit 2. A grievance must be put in writing and submitted to the immediate supervisor a copy of or administrator most immediately responsible for the grievance form. Within seven area from which the problem/complaint arises within fifteen (715) working calendar days of receipt of from the grievance, day the immediate supervisor shall meet with employee receives the grievant and/or administrator’s written response to the BTU- TSP in an effort to resolve the grievanceinformal complaint.
3. The immediate supervisor or administrator most immediately responsible for the area from which the problem/complaint arises shall indicate the disposition of answer the grievance in writing within seven fifteen (715) working days after such meeting, and shall furnish a copy thereof to the BTU-TSP.
STEP II calendar days. If the grievant or BTU-TSP Union is not satisfied with the disposition response of the grievance, immediate supervisor or if no disposition has been made within administrator most immediately responsible for the specified time limitarea from which the problem/complaint arises, the grievance shall be submitted to Employee & Labor Relations the next level in the following order:
a. Designated Building Level Administrator
b. Superintendent c. Board of Education d. Arbitration
4. To carry a grievance forward, notice must be given at the next level within seven fifteen (715) working days of the disposition, or expiration of the time limit. Within twelve (12) working calendar days of receipt of response from the grievance, Employee & Labor Relations preceding level.
5. Each level of authority in the District's Administration shall meet with the grievant and/or and representatives of the BTU-TSP Union and shall indicate the disposition of answer the grievance in writing to the grievant and/or BTU-TSP within seven (7) fifteen calendar days of such a meeting.
STEP III If the grievant is not satisfied with the disposition notice of appeal and at any stage of the grievance by Employee & Labor Relations, or if no disposition has been made within the specified time limitprocedure, the union may negotiate and accept a settlement of a grievance may with the District's Administration.
6. All grievance meetings between the two parties shall be submitted held during normal working hours, unless mutually agreed upon by both parties. All grievance responses shall be delivered during normal working hours.
7. Binding Arbitration: If the BTU-TSP grievance is not resolved satisfactorily (to arbitration before an impartial arbitrator the Union) within fifteen (15) working calendar days of the date hearing before the Board there shall be available a level of binding arbitration. Within five (5) calendar days following the Union's written appeal of the disposition at Step IIBoard's decision, the Superintendent and the president of the Union, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursuedtheir designees, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rules. The arbitrator shall be selected by the American Arbitration Association or jointly request the Federal Mediation and Conciliation Service or the American Arbitration Association to provide a list of five arbitrators. The party requesting arbitration shall strike the first two names; the other party shall then strike two names. The person remaining shall be the arbitrator. More than one grievance may be submitted to the same arbitrator where both parties mutually agree in accordance with their ruleswriting. In this selection procedure, which the rules must likewise govern established by the arbitration proceedingsAmerican Arbitration Association shall apply. The arbitrator shall limit have no authority to add to, delete from, or change the terms of this agreement. If the Union or the employee takes up the grievance or engages in arbitration during work hours, the employee shall not be paid for lost time unless the Union and the Superintendent, or the Superintendent's designee, agree that the nature of the grievance requires prompt attention. If, however, the grievance is taken up during working hours at the request of the Board or the administration, the employee(s) involved in the grievance, including witnesses, shall suffer no loss in salary. If the arbitrator holds hearings during working hours, the aggrieved shall be entitled to attend all hearings with no loss of pay. Any additional members of the bargaining unit whose presence is required by the Union shall attend the grievance hearing at no cost to the board.
8. The arbitrator shall submit his/her decision to in writing within thirty (30) calendar days following the application close of the hearing or the submission of briefs by the parties, whichever is later. The fees and interpretation expenses of this agreement the arbitrator and the cost of the written transcript, if any, shall be divided equally between the Union and the Board provided, however, that each party shall be responsible for compensating its own representatives and witnesses. The arbitrator shall have no power right to amend, modify, nullify, alterignore, add to, or subtract from the terms provisions of this Agreement. Neither party The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation or misapplication of the specific provisions of this Agreement. The arbitrator shall be permitted without power to assert make any decision or award which is contrary to or inconsistent with, in such arbitration proceedings any ground way, applicable laws, or rely on any evidence not previously disclosed to of rules and regulations of administrative bodies that have the other partyforce and effect of law. Both parties agree that Any decision or award of the award arbitrator rendered within the limitations of this Section shall be final and binding upon the Board, the Union and the employees covered by this Agreement. The decision of the arbitrator shall be final in writing and bindingshall set forth the findings of fact, reasoning and conclusion on the issues submitted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Grievance. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may be invoked within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix C, signed by the grievant and/or a xxxxxxx of the BTU-TSP, which form shall be available from the administrator or the BTU-TSP xxxxxxx in each work location. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. In the event that a BTU-TSP xxxxxxx has not signed the grievance, a copy of the grievance shall be provided to the BTU-TSP immediately upon the filing of the grievance.
STEP I The grievant may submit to the immediate supervisor a copy of the grievance form. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the BTU- TSP in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the BTU-TSP.
STEP II If the grievant or BTU-TSP is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to Employee & Labor Relations within seven (7) working days of the disposition, or expiration of the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP within seven (7) days of such a meeting.
STEP III If the grievant is not satisfied with the disposition of the grievance by Employee eEmployee & Labor RelationsrRelations, or if no disposition has been made within the specified time limit, the grievance may be submitted by the BCSAA BTU-TSP to arbitration before an impartial arbitrator within fifteen (15) working days of the date of the disposition at Step II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rules. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and binding.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Grievance. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may be invoked within seven a. Level One
(71) working Within five (5) days of the oral answer, or within twelve (12) days after presentation of the grievance at the informal discussionlevel if no oral answer has been rendered, on if the form set forth grievance is not resolved, it must be filed by the grievant with the principal or immediate supervisor or his designee in Appendix Cwriting, signed by the grievant and/or a xxxxxxx of grievant, on the BTU-TSPappropriate grievance form. The written grievance shall name the certificated school employee involved, which form shall be available from state the administrator or the BTU-TSP xxxxxxx in each work location. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. In the event that a BTU-TSP xxxxxxx has not signed facts giving rise to the grievance, a copy shall identify by specific reference all express articles or sections of this Contract alleged to be violated, shall state the contention of the grievance shall be provided grievant with respect to the BTU-TSP immediately upon provision(s) of said articles or sections, and shall indicate the filing of the grievancespecific relief requested.
STEP I The grievant may submit to the immediate supervisor a copy of the grievance form. (2) Within seven (7) working days after receiving the written grievance, the principal or supervisor or his designee shall communicate his answer in writing to the grievant.
b. Level Two
(1) In the event that the grievance is not resolved at Level One, or if no written decision has been rendered within the time limit provided, the grievant may appeal the decision to Level Two provided said appeal is filed with the Superintendent within ten (10) days of receipt of the grievancewritten answer at Level One, or within seventeen (17) days after presentation of the immediate grievance at Formal Level One if no written answer has been rendered. The appeal shall include a copy of all materials and evidence previously submitted and a copy, at the same time, shall be given to the principal or supervisor involved.
(2) The grievant shall meet with submit the written claim, signed by him, to the Superintendent. Within ten (10) days from the receipt of the grievance the Superintendent shall render a written decision to the grievant and/or as to the BTU- TSP in an effort to resolve resolution of the grievance. The immediate supervisor shall indicate Superintendent may hold a formal hearing(s) prior to the disposition rendering of the grievance in writing within seven written decision and an additional fourteen (714) working days after such meeting, and beyond the ten (10) days shall furnish a copy thereof to be allowed if the BTU-TSPSuperintendent determines further investigation is necessary.
STEP II If c. Level Three
(1) In the grievant or BTU-TSP event the grievance is not satisfied with the disposition of the grievanceresolved at Level Two, or if no disposition written decision has been made rendered within the specified time limitlimit provided, the grievant may submit the grievance shall be submitted to Employee & Labor Relations within seven (7) working days of an advisory board provided the disposition, or expiration of the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet grievant files said written appeal with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP school employer within seven (7) days of such a meeting.
STEP III If the grievant is not satisfied with receipt of the disposition Superintendent's written answer, or, if no written decision has been rendered by the Superintendent, either within seventeen (17) days or within thirty-one (31) days after presentation of the grievance at Level Two, whichever is applicable.
(2) Upon receipt of said appeal, an advisory board shall be appointed with one (1) member selected by Employee & Labor Relationsthe grievant, or if no disposition has been one (1) member selected by the Superintendent, and one (1) member, who shall serve as chairman, selected by the two (2) members appointed as described herein. In the event the two (2) members do not agree on selection of the chairman within ten (10) days after receipt of said appeal, the chairman shall be selected through utilization of the American Arbitration Association; with selection being made within in accordance with its rules.
(3) If requested by the specified time limitschool employer, the advisory board shall first rule on the arbitrability of the grievance. With such ruling by the advisory board that the grievance is not arbitrable, the grievance may shall be submitted deemed resolved by the BTU-TSP to arbitration before an impartial arbitrator within fifteen (15) working days of school employer's answer at the date of the disposition at Step II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rules. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation previous level and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and bindingabandoned.
Appears in 1 contract
Samples: Employment Agreement
Formal Grievance. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may be invoked within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix C, signed by the grievant and/or a xxxxxxx of the BTU-TSP, which form shall be available from the administrator or the BTU-TSP xxxxxxx in each work location. If the grievance involves more than one (1) work location, a group of employees, or arises from the action or inaction of the administration above the level of the immediate supervisor, it may be initially filed with Employee & Labor Relations at Step II and informal discussion may be waived by mutual agreement. In the event that a BTU-TSP xxxxxxx has not signed the grievance, a copy of the grievance shall be provided to the BTU-TSP immediately upon the filing of the grievance.
STEP I The grievant may submit to the immediate supervisor a copy of the grievance form. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the BTU- TSP in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the BTU-TSP.
STEP II If the grievant or BTU-TSP is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to Employee & Labor Relations within seven (7) working days of the disposition, or expiration of the time limit. Within twelve (12) working days of receipt of the grievance, Employee & Labor Relations shall meet with the grievant and/or the BTU-TSP and shall indicate the disposition of the grievance in writing to the grievant and/or BTU-TSP within seven (7) days of such a meeting.
STEP III If the grievant is not satisfied with the disposition of the grievance by Employee & Labor Relations, or if no disposition has been made within the specified time limit, the grievance may be submitted by the BTU-TSP to arbitration before an impartial arbitrator within fifteen (15) working days of the date of the disposition at Step II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within seven (7) working days from the notification date that arbitration will be pursued, the BTU-TSP will contact Employee & Labor Relations one final time for the purpose of attempting to reach agreement prior to requesting the AAA or FMCS to select an arbitrator in accordance with their rules. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation and Conciliation Service in accordance with their rules, which rules must likewise govern the arbitration proceedings. The arbitrator shall limit his/her decision to the application and interpretation of this agreement and shall have no power to amend, modify, nullify, alter, add to, or subtract from the terms of this Agreement. Neither party shall be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and binding.
Appears in 1 contract
Samples: Collective Bargaining Agreement