Formal Procedure. No different or additional Work or contractual obligations will be authorized or performed unless contemplated within the Scope of Work and memorialized in an amendment or modification of the Contract that is executed in compliance with this Article. No waiver of any term, covenant, or condition of the Contract will be valid unless executed in compliance with this Article. Contractor will not be entitled to payment for Work that is not authorized by a properly executed Contract amendment or modification, or through the express written authorization of HHSC. Any changes to the Contract that results in a change to either the term, fees, or significantly impacting the obligations of the parties to the Contract must be effectuated by a formal Amendment to the Contract. Such Amendment must be signed by the appropriate and duly authorized representative of each party in order to have any effect.
Formal Procedure. Step 1: In the event satisfactory resolution is not achieved through informal discussions, the grievant, within twenty (20) days following the act or omission giving rise to the grievance or the date on which the grievant reasonably should have known of such act or omission if that date is later, shall complete and forward to the administrator whose action or decision is being contested the written signed grievance form (Appendix B). The Administrator shall respond in writing within twenty (20) days of receipt of the grievance.
Step 2: In the event satisfactory resolution is not achieved in Step l, the grievant, within twenty (20) days of receipt of an answer or of the date the answer is due if no answer is provided, shall forward the grievance form and written statement(s) why the resolution is not satisfactory, and any other documentation, to the chief administrative officer or his/her designee. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance. If the grievance affects unit members in more than one department, division or other appropriate unit on a campus, the Union, within twenty (20) days following the act or omission giving rise to the grievance or the date on which the Union reasonably should have known of such act or omission if that date is later, shall forward to the chief administrative officer or his or her designee the written signed grievance form referred to in Step 1. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance.
Step 3: In the event satisfactory resolution has not been achieved in Steps 1 and 2, the Union, within twenty (20) days of receipt of the answer or of the date the answer is due if no answer is provided, may forward to the Chancellor or his or her designee the written grievance form, written statement(s) why the resolution is not satisfactory, and any other documentation. The Chancellor or his or her designee shall answer in writing within twenty (20) days of receipt of the grievance. If the grievance affects unit members on more than one campus, the Union within twenty (20) days following the action or omission giving rise to the grievance or the date on which the Union reasonably should have known of such act or omission if that date is later, shall forward to the Chancellor or his or her designee the written signed grievance form referred to in Step 1. A grievance so presented shall be answered in writing within ...
Formal Procedure. (see Appendices GI1, GI2, GI3 and GI4 for approved forms available in the Human Resources Office). Level One
12.3.1 If the grievant is not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known of the most recent condition upon which the grievance is based. This form shall require a clear, concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the Chair of the Faculty Association Professional Rights and Contractual Grievance Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The nonIprevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the Chair of the Faculty Association Professional Rights and Contractual Grievance Committee, and the ViceI President, Human Resources or designee.
12.3.5 If the grievant does not elect to appeal the decision ...
Formal Procedure a. Step I If the grievance is not resolved by the informal procedure, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. See Appendix B. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step I of the Grievance Report Form and returning a copy to the grievant, the Association and the Superintendent/ designee.
b. Step II If the grievant is not satisfied with the disposition of the grievance at Step I, the grievant shall complete Grievance Report Form, and submit same to the Superintendent/designee within ten (10) days of the receipt of its disposition at Step 1. Within ten (10) days of receipt of the grievance form, the Superintendent/designee shall meet with the grievant. Within five (5) days of the meeting, the Superintendent/designee shall write his/her disposition of the grievance by completing his/her portion of Step II, and forwarding a copy to the grievant, the Association and the immediate supervisor.
c. Step III If the Step II procedure does not resolve the grievance, the grievant, with the written concurrence of the Association, may within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Board. The parties shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session.
d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the grievant with the written concurrence of the Association may, within ten (10) days ...
Formal Procedure. Level I - Administration A copy of the written grievance shall be submitted on the approved form to the aggrieved's immediate administrator within fifteen (15) days of becoming aware of the alleged violation, or within ten days of the completion of the informal procedure if followed. A meeting shall be mutually agreed upon between the aggrieved and the administrator within seven (7) days of the filing of the grievance. Both the aggrieved and the administrator may have present such people who may provide information related to the grievance. Discussion at this meeting shall be confined to the issues as stated in the grievance and the relief sought. Within seven (7) days of the meeting, the administrator shall provide the aggrieved with a written response stating his/her position and suggestion for resolving the grievance. Level II - Superintendent If the aggrieved is not satisfied with the suggestions for resolution received in Level I, he/she may within seven (7) days of receipt of such written response, submit his/her written grievance to the Superintendent and request a meeting to discuss the grievance. The written grievance submitted to the Superintendent will contain a concise statement of the facts upon which the grievance is based, the disposition by the administration at Level I, and a statement of the questions still unresolved to the satisfaction of the aggrieved. The meeting shall be within seven (7) days of the request. The meeting shall be conducted in a manner as stated in Level I. Within seven (7) days of the meeting, the Superintendent shall provide the aggrieved with a written response stating his/her position and suggestions for resolution of the grievance. Level III - Arbitration If the aggrieved is not satisfied with the suggestion for resolution received in Level II, the association may within seven (7) days of the written response, submit the grievance to the American Arbitration Association. Attorneys may be used, providing they are not from a competitive bargaining unit member organization, by either party at the arbitration level of this procedure. The arbitrator shall be selected by the Association and Superintendent. If the Association and Superintendent cannot agree on an arbitrator, the arbitrator shall be selected from the American Arbitration Association according to its voluntary rules and regulations. The arbitrator shall hold such meetings, as he/she determines necessary to make a fair and impartial ruling on the grievance ...
Formal Procedure. 5.4.1 Step 1: If, as a result of the informal discussion, the matter is not resolved to the satisfaction of the employee, the employee may set forth the grievance in writing to the principal. The written grievance shall specify the nature of the grievance, the date of occurrence, the specific provisions in this Agreement that allegedly were violated, and the remedies sought. The principal may communicate his/her decision to the employee in writing within five (5) days of receipt of the written grievance.
5.4.2 Step 2: If the grievance is not adjusted to the employee’s satisfaction at Step 1, the grievance may be appealed to the Superintendent within ten (10) days after receipt of the principal’s decision or, if none, no later than ten (10) days after the deadline for the principal’s written decision. The appeal to the Superintendent shall be in writing, shall specify the employee’s dissatisfaction with the decision previously rendered, and shall attach copies of the grievance submitted to the principal and the principal’s written decision. The Superintendent may communicate his/her decision in writing to the employee within twenty (20) days after receipt of the appeal to the Superintendent.
5.4.3 Step 3: If the grievant(s) is not satisfied with the decision rendered at Step 2, he/she may appeal the grievance to the School Board within ten (10) days. Upon receiving the appeal, the Board shall hold a meeting with the grievant within twenty (20) days. The Board may render a written decision within ten (10) days of the hearing.
5.4.4 Step 4 (Binding Arbitration): If the grievance is not resolved to the employee’s satisfaction at Step 3, the employee shall notify the Union within five (5) days of receipt of the School Board’s decision or, if none, within five (5) days after the deadline for the School Board’s written decision. If the Union determines that the matter should be submitted to binding arbitration, it shall so advise the Superintendent and School Board in writing within ten (10) days of receipt of the grievant’s request.
Formal Procedure. The grievance shall state the specified alleged violation or condition with proper reference to the contract Agreement and state the remedy requested. It shall also set forth names, dates and any other related facts, which will provide a sound basis for complete understanding of any such grievance.
LEVEL A. Within three (3) days of receipt of a formal grievance, the Building Principal shall meet with the aggrieved party. Within two (2) days following any such meeting with the Principal shall give his answer in writing. If the grievance is not settled at this level, then it may be referred to Level B within ten (10) days of the receipt of an answer given at this level. LEVEL B. Within five (5) days of a grievance being referred to this level, the Superintendent (or his designee) shall meet with the participants of Level A and examine the facts of the grievance. The Superintendent shall give his answer within five (5) days of any such meeting. If the grievance is not settled at this level, then within ten (10) days from receipt of the answer rendered at this level the grievance may be referred to Level C. LEVEL C. Within ten (10) days of a grievance being referred to this level, the School Board will hold a hearing with the participants of Level A and B and examine the facts of the grievance. The School Board will thereafter within ten (10) days of such hearing give its answer. If the grievance remains unsettled the matter may be referred to arbitration within ten (10) days of the receipt of the answer as set forth in Level D of this procedure.
Formal Procedure a. Step 2 - If the potential grievance is not resolved through informal discussions within ten (10) days after the Step 1 meeting or after the expiration of the Step 1 timeline, the grievant may submit his grievance and a request for a Step 2 meeting in writing and sign it. The written grievance must include:
(1) A statement of the grievance and the facts involved.
(2) The remedy requested.
(3) The Articles and Sections of the Agreement which xxxxxxxx claims have been violated. The Step 2 meeting shall take place within ten (10) days of said request. The immediate supervisor will respond to the grievance within ten (10) days after the meeting.
b. Step 3 - If the grievance is not resolved at Step 2 within ten (10) days of the decision of the Supervisor or the expiration of the Step 2 timeline, the grievant may appeal the decision to the Superintendent.
(1) At the request of the Union or the employee, a meeting between the Superintendent, a Union representative and the grievant shall be held at a mutually agreeable time, but not more than ten (10) days after receipt of the appeal to Step 3 by the Superintendent.
(2) The Superintendent will issue his decision within 10 days after the meeting held under subparagraph (1) above.
Formal Procedure. If informal attempts to resolve the complaint have failed, the following procedure shall apply:
Formal Procedure. In the event informal resolution is not achieved, COUNTY and PROVIDER shall follow the following procedure to resolve all disputes:
Step 1: PROVIDER's Chief Executive Officer shall present a description of the dispute and PROVIDER’s position, in writing, to COUNTY's Division Manager within fifteen (15) working days of gaining knowledge of the issue. The description shall cite the provision or provisions of this Agreement that are in dispute and shall present all available factual information supporting PROVIDER’s position. Failure to timely provide said document constitutes a waiver of PROVIDER’s right to dispute the item.
Step 2: Both parties shall designate representatives, who shall attempt to reach a mutually satisfactory resolution within the fifteen (15) working days after mailing of the written notice.
Step 3: If resolution is not reached in Step 2, COUNTY's Division Manager shall provide in writing by mail, an initial decision. Said decision shall be binding until and unless a different decision is reached as outlined below.
Step 4: PROVIDER's Chief Executive Officer or equivalent may request a review of the initial decision by mailing a written request to COUNTY’s Human Services Director within fifteen (15) working days of the receipt of the initial decision. Failure to timely provide said request constitutes a waiver of PROVIDER’s right to dispute the item. Step 5: COUNTY’s Human Services Director shall respond to the request for review by mailing a final written decision to PROVIDER within fifteen (15) working days of receipt of the request.
Step 6: PROVIDER's Chief Executive Officer or equivalent may request a review by the County Executive of the final decision by mailing said request within fifteen (15) working days of the postmarked date of the final decision. Failure to timely provide said request constitutes a waiver of PROVIDER’s right to dispute the item.
Step 7: The County Executive shall provide a final decision by mailing it to PROVIDER within fifteen (15) working days following the postmarked date of the request for a review. The decision of the County Executive is final and binding on the parties.
