Common use of Formal Grievance Clause in Contracts

Formal Grievance. Step 2 (Superintendent) 2.07.1 If the grievant is not satisfied with the disposition of the grievance at Step 1, or if no written decision has been rendered within fifteen (15) work days of the initiation of the grievance, he/she may file the grievance in writing to the Superintendent within ten (10) work days of receipt of the Step 1 grievance decision or within twenty-five (25) work days of the initiation of the grievance. 2.07.2 Within seven (7) work days after the filing of the grievance with the Superintendent, the latter or his/her designee shall meet with the grievant. Within seven (7) work days after the meeting, the Superintendent/designee shall render his/her decision in writing. If the grievant is not represented by the Association, a copy shall be served to the Association. 2.07.3 If the grievant has cited the violation of a specific section of the contract in his/her grievance at Step 1 and Step 2, and if the District has taken the position at Step 2 that the issue in the grievance is not arbitrable, the question of arbitrability shall be decided in the following manner: a. Within ten (10) work days of the receipt of the Step 2 response, the Association submits, in writing, to the Superintendent a request for a ruling on arbitrability. b. The District and the Association mutually agree upon an arbitrator to rule on the sole issue of arbitrability of the grievance. c. The parties submit to the arbitrator written briefs on the issue of arbitrability of the grievance. d. The arbitrator shall issue a written decision on the issue of arbitrability. e. If the arbitrator rules that the grievance is arbitrable, the Association shall have fifteen (15) work days after receipt of the written decision to submit a request for arbitration under 2.08. f. Any arbitrator ruling on the issue of arbitrability shall be excluded from hearing the same grievance on its merits.

Formal Grievance. Step 2 1. Level One a. Within five (Superintendent) 2.07.1 If 5) days of the grievant is not satisfied with the disposition oral answer, or within twelve (12) days after presentation of the grievance at Step 1the Informal Level if no oral answer has been rendered, if the grievance is not resolved, it must be filed with the principal or immediate supervisor or his designee in writing, signed by the grievant, on the appropriate form provided by the Board. 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 grievant with respect to the provision(s) of said articles or section, and shall indicate the specific relief requested. b. Within seven (7) days after receiving the written grievance the principal or supervisor or his designee 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 fifteen (15) work days of the initiation of time limit provided, the grievance, he/she grievant may file appeal the grievance in writing decision to Level Two provided said appeal is filed with the Superintendent within ten (10) work days of receipt of the Step 1 grievance decision or within twenty-five (25) work days of the initiation of the grievance. 2.07.2 Within seven (7) work days after the filing of the grievance with the Superintendent, the latter or his/her designee shall meet with the grievant. Within seven (7) work days after the meeting, the Superintendent/designee shall render his/her decision in writing. If the grievant is not represented by the Association, a copy shall be served to the Association. 2.07.3 If the grievant has cited the violation of a specific section of the contract in his/her grievance at Step 1 and Step 2, and if the District has taken the position at Step 2 that the issue in the grievance is not arbitrable, the question of arbitrability shall be decided in the following manner: a. Within ten (10) work days of the receipt of the Step 2 responsewritten 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 Association submitssame time, in writingshall be given to the principal or supervisor or designee 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 request for written decision to the grievant as to the resolution of the grievance. The Superintendent may hold a ruling on arbitrabilityformal 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. b. The District 3. Level Three 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 seven (7) days of the receipt of the 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. Upon receipt of said appeal, the Board shall consider and the Association mutually agree upon an arbitrator to finally rule on the sole issue of arbitrability disposition of the grievance. c. The parties submit to the arbitrator written briefs on the issue of arbitrability of the grievance. d. The arbitrator shall issue a written decision on the issue of arbitrability. e. If the arbitrator rules that the grievance is arbitrable, the Association shall have fifteen (15) work days after receipt of the written decision to submit a request for arbitration under 2.08. f. Any arbitrator ruling on the issue of arbitrability shall be excluded from hearing the same grievance on its merits.

Formal Grievance. Step 2 (Superintendent)4 2.07.1 A. If the grievant grievance is not satisfied with the disposition resolved at Step 3, within thirty (30) calendar days after receipt of the third level response, the Union shall have the right to submit the grievance at Step 1to arbitration. If the grievance is not submitted to arbitration within thirty (30) calendar days after receipt of the third level response, or if no written decision has been rendered within it shall be considered withdrawn. B. Within fifteen (15) work days of the initiation of the grievance, he/she may file the grievance in writing to the Superintendent within ten (10) work days of receipt of the Step 1 grievance decision or within twenty-five (25) work days of the initiation of the grievance. 2.07.2 Within seven (7) work calendar days after the filing of notice requesting arbitration has been served on the grievance with the SuperintendentState, the latter or his/her designee Union shall meet with contact the grievant. Within seven (7) work days after the meeting, the Superintendent/designee shall render his/her decision in writingState to mutually select an arbitrator. If the grievant is parties cannot represented by the Association, a copy shall be served to the Association. 2.07.3 If the grievant has cited the violation of a specific section of the contract in his/her grievance at Step 1 and Step 2, and if the District has taken the position at Step 2 that the issue in the grievance is not arbitrable, the question of arbitrability shall be decided in the following manner: a. Within ten (10) work days of the receipt of the Step 2 response, the Association submits, in writing, to the Superintendent a request for a ruling on arbitrability. b. The District and the Association mutually agree upon an arbitrator within forty-five (45) calendar days after the request to rule on select an arbitrator has been served, the sole issue of arbitrability of Union may request the grievance. c. The parties State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service to submit to the arbitrator written briefs on the issue both parties a panel of arbitrability of the grievance. d. The arbitrator shall issue a written decision on the issue of arbitrability. e. If the arbitrator rules that the grievance is arbitrable, the Association shall have nine (9) arbitrators. Within fifteen (15) work calendar days after receipt of the written decision panel of arbitrators from the State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service, the Union shall contact the State in writing and request to submit a request for arbitration under 2.08strike names from the panel. The parties shall have ten (10) business days to meet and alternately strike names until only one name remains and this person shall be the arbitrator. f. Any arbitrator ruling on the issue of arbitrability C. The arbitration hearing shall be excluded from hearing conducted in accordance with the same grievance on its meritsVoluntary Labor Arbitration Rules of the American Arbitration Association. The cost of arbitration shall be borne equally between the parties, unless the parties mutually agree to a different arrangement. D. An arbitrator may, upon request of the Union and the State, issue his/her decision, opinion, or award orally upon submission of the arbitration. Either party may request that the arbitrator put his/her decision, opinion, or award in writing and that a copy be provided. E. The arbitrator shall not have the power to add to, subtract from, or modify this Contract. Only grievances as defined in section 6.2 (A) of this article shall be subject to arbitration. In all arbitration cases, the award of the arbitrator shall be final and binding upon the parties.

Formal Grievance. Step 2 (Superintendent) 2.07.1 If the grievant is not satisfied with the disposition of the grievance at Step 1, or if no written decision has been rendered within fifteen (15) work days of the initiation of the grievance, he/she may file the grievance in writing to the Superintendent within ten (10) work days of receipt of the Step 1 grievance decision or within twenty-five (25) work days of the initiation of the grievance. 2.07.2 Within seven (7) work days after the filing of the grievance with the Superintendent, the latter or his/her designee shall meet with the grievant. Within seven (7) work days after the meeting, the Superintendent/designee shall render his/her decision in writing. If the grievant is not represented by the Association, a copy shall be served to the Association. 2.07.3 If the grievant has cited the violation of a specific section of the contract in his/her grievance at Step 1 and Step 2, and if the District has taken the position at Step 2 that the issue in the grievance is not arbitrable, the question of arbitrability shall be decided in the following manner:Step a. Within ten (10) work days of the receipt of the Step 2 response, the Association submits, in writing, to the Superintendent a request for a ruling on arbitrability. b. The District and the Association mutually agree upon an arbitrator to rule on the sole issue of arbitrability of the grievance. c. The parties submit to the arbitrator written briefs on the issue of arbitrability of the grievance. d. The arbitrator shall issue a written decision on the issue of arbitrability. e. If the arbitrator rules that the grievance is arbitrable, the Association shall have fifteen (15) work days after receipt of the written decision to submit a request for arbitration under 2.08. f. Any arbitrator ruling on the issue of arbitrability shall be excluded from hearing the same grievance on its merits.