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Formal Procedure Sample Clauses

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 ProcedureStep 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 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. 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 ProcedureNo grievance shall be recognized unless it shall have been presented within twenty (20) days after the aggrieved person knew, or reasonably should have known, of the act or condition and its aggrieving nature that forms the basis of the grievance. 16.4.1 LEVEL I – SCHOOL SITE ADMINISTRATOR (IMMEDIATE SUPERVISOR/MANAGER) 16.4.1.1 If not satisfied with the solution proposed in the informal procedure, the employee may file a written grievance on a form which shall be provided by the District. 16.4.1.2 The grievant must set forth the alleged violation, misapplication or misinterpretation of the Agreement, the specific sections allegedly violated, and the proposed remedy sought. 16.4.1.3 Within five (5) days of receipt of the written grievance the aggrieved, with or without a representative, shall meet with the immediate supervisor/manager or site administrator, who may have a representative present, in an attempt to settle the grievance. 16.4.1.4 The site administrator/immediate supervisor/ manager shall within ten (10) days of the Level I conference, render a decision, in writing, to the grievant, CSEA, and Human Resources. (1995-96) 16.4.2 LEVEL II – SUPERINTENDENT OR DESIGNEE 16.4.2.1 If the grievant is not satisfied with the disposition of the grievance at Level I, or if no decision has been rendered within fifteen (15) days after the presentation of the grievance in writing, the grievant may forward the written grievance to the Superintendent within five (5) days after the response to the Level I grievance was presented, whichever is sooner. 16.4.2.2 Within ten (10) days after receipt of the written grievance by the Superintendent, the Superintendent or designee shall meet with the aggrieved person and the representative (if desired) in an effort to resolve the matter. The Superintendent may have a representative at such meeting. 16.4.2.3 Within ten (10) days after meeting with the grievant, the Superintendent shall transmit a copy of the grievance and his/her proposed resolution of it to the grievant and the exclusive representative. (2007-08) 16.4.3 LEVEL III – ARBITRATION 16.4.3.1 If a grievance is not resolved at Levels I or II, the Union may request, in writing, a hearing before an arbitrator. The request shall be filed in the Human Resources Department within ten (10) working days after receipt of the written decision of the Superintendent or designee at Step II. The Union shall retain the right to determine which grievance(s) may proceed to arbitra...
Formal Procedure. 1. Level One: If the aggrieved or his/her representative(s) is not satisfied with the outcome of the informal procedure, either may present a formal grievance in writing on the ACCESS-CCBDD Grievance Form (Appendix A), to his/her immediate supervisor within five days of the conclusion of the informal procedure. The immediate supervisor will, within 10 days of the receipt of the formal grievance, meet with the aggrieved and his/her representative. The immediate supervisor will, within five days of this meeting, render a written disposition and the reasons therefore to the aggrieved, with copies to the representative and the Association President. 2. Level Two: If the aggrieved or his/her representative(s) is not satisfied with the Level One disposition, or if no disposition has been made within the time period specified in Level One, the aggrieved or his/her representative may advance the written grievance to the Director of Human Resources or his/her designee within five days of the receipt of the Level One disposition or within five days of the date on which the disposition should have been received. The Director of Human Resources or his/her designee will meet with the aggrieved and his/her representative within 10 days of the receipt of the grievance. The Director of Human Resources or his/her designee will, within five days of the hearing, render a written disposition and the reasons therefore to the aggrieved, with copies to the representative and the Association President. 3. Level Three: The Association must approve any grievance advanced to arbitration. Should the Association not approve such grievance, the grievance may not proceed to arbitration. If the aggrieved is not satisfied with the Level Two disposition or if no disposition has been given within the time periods specified in Level Two, the Association designated representative, on behalf of the aggrieved, may refer the grievance to arbitration. The grievance will be advanced to arbitration by the filing of the AAA Demand for Arbitration, which must be filed within 75 calendar days of the Level Two Response or the matter is deemed settled with prejudice. The arbitrator may not add to, alter, or delete from the terms of CCBDD Policy or terms of this Agreement. The arbitrator will be governed by the rules and regulations of AAA and render an award which will be final and binding on both parties. The cost for the services of the arbitrator will be borne equally by CCBDD and the Association.
Formal ProcedureThe 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. To initiate a grievance the grievant(s) and/or the Union shall complete the Grievance Form, which provides a statement of the facts surrounding the grievance, the provision(s) of this Agreement violated and the remedy requested.
Formal Procedure. If informal attempts to resolve the complaint have failed, the following procedure shall apply: