Common use of Formal Procedure for Adjustment of Grievance Clause in Contracts

Formal Procedure for Adjustment of Grievance. First Stage: The filing of the grievance by the grievant at the first stage must be written within ten (10) business days of the occurrence of the event complained of, or within ten (10) days of the date the grievant became aware or reasonably should have been aware that a violation or misapplication of the contract had occurred. The meeting with the principal, or the appropriate District's representative, will take place within five (5) business days of the receipt of the written grievance. The principal, or appropriate District representative who has authority to make a decision on the grievance, shall make such decision and communicate it in writing stating reasons for the decision within five (5) business days after the meeting to the teacher, Superintendent and the Association President. Second Stage: In the event a grievance has not been satisfactorily resolved at the first stage, the aggrieved teacher and his/her Association designee will file within five (5) business days of the receipt of the principal's written decision or answer at the first stage, a letter to the Superintendent requesting a meeting. Within five (5) business days after such written grievance is received by the Superintendent, the aggrieved, the principal, and/or the Superintendent or his designee, will meet to resolve the grievance. The Superintendent will file and answer within ten (10) business days for the second stage grievance meeting and will communicate it in writing stating reasons for the decision to the teacher, principal and Association President. Third Stage: In the event a grievance has not been satisfactorily resolved at the second stage, the Association will file within five (5) business days of the receipt of the Superintendent's written decision or answer at the Second Stage, a letter to the Board of Education requesting a meeting. Within ten (10) business days after such written request is received by the Board, the Board will meet with the grievant and/or the grievant's Association representative to resolve the grievance. The Board will file its decision within ten (10) business days after this meeting and will communicate it in writing stating reasons for the decision to the teacher, Superintendent, Principal and Association President. Fourth Stage: If the grievance is not resolved satisfactorily to the grievant and the Association after the third stage, there shall be a fourth stage of impartial arbitration. The Association may submit in writing to the American Arbitration Association, within twenty (20) business days of the board's decision, a request to enter into such arbitration. The Association shall request the American Arbitration Association to submit to them a list of qualified arbitrators in accordance with AAA voluntary labor arbitration rules. The parties shall follow the AAA voluntary labor arbitration rules for selection of the arbitrator and scheduling the arbitration hearing. The arbitrator's fees shall be shared equally by the Board and the Association. Any legal expenses incurred should be paid by the party engaging the legal counsel. Insofar as such arbitration is limited solely and simply to interpretation and implementation of the terms of this Agreement, both parties agree to abide by the results of the findings of the arbitrator. The arbitrator shall not have the power to add to, subtract from, alter, or modify in any way, any of the terms or conditions of this Agreement. It shall be the function of the arbitrator, and he shall be empowered, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement.

Appears in 1 contract

Samples: Agreement

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Formal Procedure for Adjustment of Grievance. First Stage: The filing of the grievance by the grievant at the first stage must be written within ten (10) business days of the occurrence of the event complained of, or within ten (10) days of the date the grievant became aware or reasonably should have been aware that a violation or misapplication of the contract had occurred. The meeting with the principal, or the appropriate District's representative, will take place within five (5) business days of the receipt of the written grievance. The principal, or appropriate District representative who has authority to make a decision on the grievance, shall make such decision and communicate it in writing stating reasons for the decision within five (5) business days after the meeting to the teacherparaprofessional, Superintendent and the Association President. Second Stage: In the event a grievance has not been satisfactorily resolved at the first stage, the aggrieved teacher paraprofessional and his/her Association designee will file within five (5) business days of the receipt of the principal's written decision or answer at the first stage, a letter to the Superintendent requesting a meeting. Within five (5) business days after such written grievance is received by the Superintendent, the aggrieved, the principal, and/or the Superintendent or his designee, will meet to resolve the grievance. The Superintendent will file and answer within ten (10) business days for the second stage grievance meeting and will communicate it in writing stating reasons for the decision to the teacherparaprofessional, principal and Association President. Third Stage: In the event a grievance has not been satisfactorily resolved at the second stage, the Association will file within five (5) business days of the receipt of the Superintendent's written decision or answer at the Second Stage, a letter to the Board of Education requesting a meeting. Within ten (10) business days after such written request is received by the Board, the Board will meet with the grievant and/or the grievant's ’s Association representative to resolve the grievance. The Board will file its decision within ten (10) business days after this meeting and will communicate it in writing stating reasons for the decision to the teacherparaprofessional, Superintendent, Principal and Association President. Fourth Stage: If the grievance is not resolved satisfactorily to the grievant and the Association after the third stage, there shall be a fourth stage of impartial arbitration. The Association may submit in writing to the American Arbitration Association, within twenty (20) business days of the board's decision, a request to enter into such arbitration. The Association shall request the American Arbitration Association to submit to them a list of qualified arbitrators in accordance with AAA voluntary labor arbitration rules. The parties shall follow the AAA voluntary labor arbitration rules for selection of the arbitrator and scheduling the arbitration hearing. The arbitrator's fees shall be shared equally by the Board and the Association. Any legal expenses incurred should be paid by the party engaging the legal counsel. Insofar as such arbitration is limited solely and simply to interpretation and implementation of the terms of this Agreement, both parties agree to abide by the results of the findings of the arbitrator. The arbitrator shall not have the power to add to, subtract from, alter, or modify in any way, any of the terms or conditions of this Agreement. It shall be the function of the arbitrator, and he shall be empowered, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement.

Appears in 1 contract

Samples: Agreement

Formal Procedure for Adjustment of Grievance. First Stage: The filing of the grievance by the grievant at the first stage must be written within ten fifteen (1015) business school days of the original occurrence of the event complained of, or within ten (10) days of the date the grievant became aware or reasonably should have been aware that a violation or misapplication of the contract had occurredgrievance. The meeting with the principalimmediate supervisor, or the appropriate District's Center representative, will take place within five (5) business school days of the receipt of the written grievance. The principalimmediate supervisor, or appropriate District Center representative who has authority to make a decision on the grievance, shall make such decision and communicate it in writing stating reasons for the decision within five (5) business school days after the meeting meeting, to the teacher, Superintendent Director of the Center, and the Association President. Second Stage: In the event a grievance has not been satisfactorily resolved at the first stage, the aggrieved teacher and his/her Association designee will file within five ten (510) business school days of the receipt of the principalimmediate supervisor's written decision or answer at the first stagedate, a letter to the Superintendent Director of the Center requesting a meeting. Within five ten (510) business school days after such written grievance is received by the SuperintendentDirector, the aggrieved, the principalsupervisor, and/or the Superintendent Director or his designee, will meet to resolve the grievance. The Superintendent Director will file and an answer within ten (10) business school days for the second stage grievance meeting and will communicate it in writing stating reasons for the decision to the teacher, principal the supervisor, and the Association President. Third Stage: In the event a grievance has not been satisfactorily resolved at the second stage, the Association will file within five (5) business days of the receipt of the Superintendent's written decision or answer at the Second Stage, a letter to the Board of Education requesting a meeting. Within ten (10) business days after such written request is received by the Board, the Board will meet with the grievant and/or the grievant's Association representative to resolve the grievance. The Board will file its decision within ten (10) business days after this meeting and will communicate it in writing stating reasons for the decision to the teacher, Superintendent, Principal and Association President. Fourth Stage: If the grievance is not resolved satisfactorily to the grievant and the Association after the third second stage, there shall be a fourth stage third stop of impartial arbitration. The Association may submit in writing to the American Arbitration Associationwriting, within twenty thirty (2030) business days of the boardDirector's decision, a request to enter into such binding arbitration. The Association parties shall jointly request the American Arbitration Association to submit to them a list of qualified arbitrators arbitrators' names and qualifications. Either party may reject one list in accordance with AAA voluntary labor its entirety and request another list be submitted. From such list, the party initially requesting the arbitration rulesshall strike two names and the other shall then strike two names. The person whose name remains shall be the arbitrator. The arbitrator selected shall be jointly notified of his selection and requested to contact the parties shall follow the AAA voluntary labor arbitration rules with respect to setting up a time for selection of the arbitrator and scheduling the arbitration a hearing. The arbitrator's fees All expenses incurred shall be shared equally by the Board and Association. It is understood that such expenses shall be limited to the Associationarbitrator's fee. Any legal expenses incurred should shall be paid for by the party engaging the legal counsel. Insofar as such arbitration is limited solely and simply to interpretation and implementation of the terms of this Agreement, both parties agree to abide by the results of the findings of the arbitrator. The arbitrator shall not have the power to add to, subtract from, alter, or modify modify, in any way, any of the terms or conditions of this Agreement. It shall be the function of the arbitrator, and he shall be empowered, except as his powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Formal Procedure for Adjustment of Grievance. First Stage: The filing of the grievance by the grievant at the first stage must be written within ten (10) business days of the occurrence of the event complained of, or within ten (10) days of the date the grievant became aware or reasonably should have been aware that a violation or misapplication of the contract had occurred. The meeting with the principalPrincipal, or the appropriate District's representative, will take place within five (5) business days of the receipt of the written grievance. The principalPrincipal, or appropriate District representative who has authority to make a decision on the grievance, shall make such decision and communicate it in writing stating reasons for the decision within five (5) business days after the meeting to the teacher, Superintendent and the Association President. Second Stage: In the event a grievance has not been satisfactorily resolved at the first stage, the aggrieved teacher and his/her Association designee will file within five (5) business days of the receipt of the principalPrincipal's written decision or answer at the first stage, a letter to the Superintendent requesting a meeting. Within five (5) business days after such written grievance is received by the Superintendent, the aggrieved, the principalPrincipal, and/or the Superintendent or his designee, will meet to resolve the grievance. The Superintendent will file and answer within ten (10) business days for the second stage grievance meeting and will communicate it in writing stating reasons for the decision to the teacher, principal Principal and Association President. Third Stage: In the event a grievance has not been satisfactorily resolved at the second stage, the Association will file within five (5) business days of the receipt of the Superintendent's written decision or answer at the Second Stage, a letter to the Board of Education requesting a meeting. Within ten (10) business days after such written request is received by the Board, the Board will meet with the grievant and/or the grievant's Association representative to resolve the grievance. The Board will file its decision within ten (10) business days after this meeting and will communicate it in writing stating reasons for the decision to the teacher, Superintendent, Principal and Association President. Fourth Stage: If the grievance is not resolved satisfactorily to the grievant and the Association after the third stage, there shall be a fourth stage of impartial arbitration. The Association may submit in writing to the American Arbitration Association, within twenty (20) business days of the boardBoard's decision, a request to enter into such arbitration. The Association shall request the American Arbitration Association to submit to them a list of qualified arbitrators in accordance with AAA voluntary labor arbitration rules. The parties shall follow the AAA voluntary labor arbitration rules for selection of the arbitrator and scheduling the arbitration hearing. The arbitrator's fees shall be shared equally by the Board and the Association. Any legal expenses incurred should be paid by the party engaging the legal counsel. Insofar as such arbitration is limited solely and simply to interpretation and implementation of the terms of this Agreement, both parties agree to abide by the results of the findings of the arbitrator. The arbitrator shall not have the power to add to, subtract from, alter, or modify in any way, any of the terms or conditions of this Agreement. It shall be the function of the arbitrator, and he shall be empowered, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement.

Appears in 1 contract

Samples: Agreement

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