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 twenty (20) days of receipt of the grievance. Step 4: a) In the event a grievance is not satisfactorily resolved in Step 3 of the grievance procedure and the Union wishes to proceed to arbitration, it shall serve written notice to that effect. Notice shall be by certified mail directed to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date such answer is due, if no answer is provided. The parties shall meet within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five (5) days of the initial meeting, or if the ten day period lapses without a meeting being scheduled, the grievance may be referred to the American Arbitration Association for resolution by a single arbitrator in accordance with the procedures, rules and regulations of that Association.
Appears in 8 contracts
Samples: Agreement Between University of Maine System and the Maine Part Time Faculty Association, Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. Step 1: In For purposes of Section 7.4 the event satisfactory resolution is not achieved through informal discussions, required timelines shall begin on the first (1st) day following the date of receipt of a grievance by the Office of Education or the first (1st) day following receipt of the Office of Education decision by the grievant, within twenty .
A. Level I Within twenty-five (2025) days following of the occurrence, or within twenty-five (25) days of when the unit member could reasonably have known of the occurrence of the act or omission giving rise to the grievance or the date on which grievance, the grievant reasonably should have known must present his grievance in writing on an Office 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 Education-provided form (Appendix B)E)to his Director. On this form the unit member shall make a clear and concise statement of the grievance, the circumstances involved and the specific article that was allegedly violated, the decision rendered at the informal conference and the specific remedy sought. The Administrator Director shall respond communicate a decision to the unit member in writing within twenty ten (2010) days from the date the written grievance is received by the Director. If the Director does not respond within the time limits, the grievant may appeal to the next level. Within the foregoing time limit either party may request a personal conference to discuss the grievance. Either the grievant or the Director may have a conferee present at such a conference.
B. Level II In the event the grievant is not satisfied with the decision at Level I, the grievant may appeal the decision to the Division Administrator within ten (10) days after receiving the decision at Level I. This written appeal statement shall include a copy of the original grievance, the decision rendered at previous level and a clear, concise statement of the reasons for the appeal. The Division Administrator, or his designee, shall communicate a decision within ten (10) days from the date the appeal is received by the Division Administrator. Either the grievant or the Division Administrator, or his designee, may request a personal conference within the foregoing time limits to discuss the grievance. Either party may have a conferee present at such a conference. If the Division Administrator, or his designee, does not respond within the time limits, the grievant may appeal to the next level.
C. Level III In the event the grievant is not satisfied with the decision at Level II, the grievant may appeal the decision to the Superintendent within ten (10) days after receiving the decision at Level II. This written appeal statement should include a copy of the original grievance, the decision rendered at previous levels and a clear, concise statement of the reasons for the appeal. The Superintendent, or his designee, shall communicate a decision within ten (10) days from the date the appeal is received by the Superintendent. Either the grievant or the Superintendent, or his designee, may request a personal conference within the foregoing time limits to discuss the grievance. Either party may have a conferee present at such a conference. If the Superintendent, or his designee, does not respond within the time limits, the grievant may appeal to the next level.
D. Arbitration In the event that the grievant is not satisfied with the decision at Level III, he may request, immediately, in writing, that CSEA submit the grievance to arbitration. Upon approval, CSEA will request arbitration of the grievance in writing to the Office of Education within fifteen (15) days of receipt the issuance of the grievance.
Step 2: In the event satisfactory resolution is not achieved Level III decision. Such request must be 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 writing and be accompanied by a written statement from CSEA agreeing to take 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 twenty (20) days of receipt of the grievance. Step 4: a) In the event a grievance is not satisfactorily resolved in Step 3 of the grievance procedure and the Union wishes to proceed to arbitration, it shall serve written notice to that effect. Notice shall be by certified mail directed to the Chancellor within No later than twenty (20) days after the Office of Education's receipt of the Step 3 answer or request for arbitration from CSEA and the date such answer is duegrievant(s), if no answer is provided. The parties CSEA and the Office of Education shall meet within ten (10) days to select an arbitrator competent in matters concerning institutions determine a mutually acceptable arbitrator. In the event CSEA and the Office of higher education. Should the parties be Education are unable to agree upon an arbitrator reach agreement on a mutually acceptable arbitrator, CSEA shall request, within five (5) days of the initial meetingtime limits prescribed in this section, or if the ten day period lapses without a meeting being scheduled, the grievance may be referred to that the American Arbitration Association shall supply a listing of names pursuant to its rules. The Arbitrator selected must be a member of the National Academy of Arbitrators and must have recent experience in arbitration of grievances involving public school employers. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply except where the specific language herein is in conflict, which specific language will prevail. Any award of the arbitrator shall be binding on the grievant, CSEA and the Office of Education. It shall be the function of the arbitrator to make an award, if necessary, which will resolve the grievance. The arbitrator shall be subject to the following limitations:
1. The arbitrator shall have no power to add to, alter, subtract from, disregard, change or modify any terms of this Agreement; but shall determine only whether or not there has been a violation of this Agreement as complained by the grievant.
2. The arbitrator shall have no power to establish salary structures or change any salary.
3. The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties.
4. The arbitrator shall have no power to change any practice, policy or rule of the Office of Education or Personnel Commission; nor to substitute his judgment for resolution that of the Office of Education or Personnel Commission as to the reasonableness of any such practice, policy, rule or any action by the Office of Education; nor to adjust, modify or amend salary schedules or classification structures.
5. The standard of review for the arbitrator is whether the Office of Education acted in an arbitrary and capricious manner, which is a single violation of the express terms of this Agreement.
6. The arbitrator shall not consider any issue raised by the grievant unless it was made known by the Office of Education in accordance with an earlier Level of this Grievance Procedure.
7. The arbitrator shall have no power to recommend or resolve any of the proceduresfollowing:
a. The termination of services or any other disciplinary action or failure to re-employ any member of the Unit, rules except reemployment pursuant to Article XXIII of this Agreement.
b. Any matter involving evaluation, except where procedure has been violated.
c. Any claim or complaint for which there is another remedial procedure or course established by statute or by regulation having the force of law, including any matter specified in the Education Code.
d. Nothing herein shall be construed to prevent or limit deferral to arbitration by the Public Employment Relations Board pursuant to Government Code Section 3541.5(a)(2). All fees and regulations expenses of the arbitrator shall be shared equally by the Office of Education and CSEA. The Office of Education shall only bear its own expenses. Arbitration hearings shall be held at the Office of Education, unless the parties mutually agree otherwise. If the Office of Education claims that Associationa grievance should be dismissed because, for example, it falls outside the scope of the procedure or was filed or processed in an untimely manner, such a claim shall, at the option of the Office of Education and upon reasonable notice, be heard and promptly ruled upon by the arbitrator prior to any hearing on the merits of the grievance. Upon the request of either party, there shall be a suitable stay/continuance between such a ruling and any further proceedings which may be necessary. The Office of Education may forego the above preliminary motion procedure and have such a claim heard and ruled upon at the hearing prior to the receipt of evidence on the merits. If the Office of Education should choose to refuse to arbitrate a dispute, nothing in this section shall preclude CSEA from seeking, through appropriate administrative or judicial proceedings, to compel the Office of Education to proceed to arbitration. The arbitrator shall have no power to render an award on a grievance filed before the effective date of this Agreement or after the termination of this Agreement.
Appears in 4 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Formal Procedure. Step 1: In the event satisfactory resolution is not achieved through informal discussions, discussion 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 designated administrator whose action or decision is being contested the written signed grievance form (Appendix B). The Administrator Upon receipt of the written grievance, a grievance number shall respond be obtained from the Office of Human Resources and assigned to the grievance by the administrator. A grievance so presented shall be answered in writing within twenty ten (2010) days of receipt of the grievance.
Step 2: In the event satisfactory resolution is not achieved in Step l1, the grievant, within twenty (20) days of the 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 a grievance affects unit members in more than one department, division or other appropriate unit on a campus, or is based on a complaint of an act or omission by the Unionchief administrative officer or his or her designee, the Association, within twenty (20) days following the act or omission giving rise to the grievance or the date on which the Union Association 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 grievancegrievance (Appendix C).
Step 3: In the event satisfactory resolution has not been achieved in Steps 1 and Step 2, the UnionAssociation or the Grievant, within twenty (20) days of receipt of the answer or of the date the answer is due if no answer is provided, may shall 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 Association or the Grievant, within twenty (20) days following the action or omission giving rise to the grievance or the date on which the Union Association or the Grievant 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 twenty (20) days of receipt of the grievancegrievance (Appendix C). Step 4: a) In the event a grievance is not satisfactorily resolved in at Step 3 of the grievance procedure Grievance Procedure and the Union Association wishes to proceed to arbitration, it shall serve written notice to that effect. Notice shall be by certified mail directed to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date such the answer is due, if no answer is provided. The parties shall meet confer within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five (5) days of the initial meeting, or if the ten day period lapses without a meeting being scheduledarbitrator, the grievance may will be referred to the American Arbitration Association for resolution by a single arbitrator in accordance with the procedures, rules and regulations of that Association.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. Step 1: In the event satisfactory resolution is not achieved through informal discussionsdiscussion, 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 BA). The Administrator Notice in writing that a decision will be effective at a future date shall respond constitute an act for purposes of initiation of this grievance procedure. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance.
Step 2: In the event satisfactory resolution is has not been achieved in Step l1, the grievant, within twenty (20) days of receipt of an the answer or of the date the answer is due if no answer is provided, shall forward the grievance form and form, written statement(s) why the resolution is not satisfactory, and any other documentation, documentation to the chief administrative officer or his/his or her designee. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance. If the a grievance affects unit members in more than one department, division or other appropriate unit on a campus, the UnionAssociation, within twenty (20) days following the act or omission giving rise to the grievance or the date on which the Union Association 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 written, signed grievance form referred to in Step 1. A grievance so presented shall be answered in writing within twenty (20) days of the receipt of the grievance.
Step 3: In the event satisfactory resolution has not been achieved in Steps 1 and Step 2, the UnionAssociation, within twenty (20) days of receipt of the answer or of the date the answer is due if no answer is provided, may shall 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 Association, within twenty (20) days following the action act or omission giving rise to the grievance or the date on which the Union Association reasonably should have known of such act or omission if that date is later, shall forward to the Chancellor or his or her the Chancellor’s 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 4: :
a) In the event a grievance is not satisfactorily resolved in at Step 3 of the grievance procedure and the Union Association wishes to proceed to arbitration, it shall serve written notice to that effectaffect. Notice shall be by certified mail directed to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date such the answer is due, if no answer is provided. The parties shall meet confer within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five (5) days of the initial meeting, or if the ten day period lapses without a meeting being scheduledarbitrator, the grievance may will be referred to the American Arbitration Association for resolution by a single arbitrator in accordance with the procedures, rules and regulations of that Association.
b) The arbitrator shall have no authority to add to, subtract from, modify or alter the terms or provisions of this Agreement. Arbitration shall be confined to disputes arising under the terms of this Agreement.
c) The arbitrator shall have no authority to substitute his or her judgment for the professional judgment exercised by the chief administrative officer or Board of Trustees or designee(s) in cases regarding:
1) the decision not to continue the unit member beyond the probationary period;
2) initial bona fide decision of the University to lay off or to terminate a program or portion thereof.
d) The arbitrator’s decision as to whether there has been a violation of this Agreement shall be final and binding on the University, the Association and any and all affected unit members.
e) An arbitrator may award lost compensation where appropriate to remedy a violation of the agreement, but the arbitrator may not award other monetary damages or penalties.
f) In no case shall the arbitrator award a continuing appointment as a remedy nor shall an arbitrator’s decision awarding employment beyond the probationary period entitle the unit member to a continuing appointment except where the unit member would have been granted a continuing appointment by the University but for a violation of this Agreement.
g) If a unit member is re-appointed at the direction of an arbitrator, the chief administrative officer may reassign the unit member during such reappointment to some mutually agreed upon assignment.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Employment Agreement, Collective Bargaining Agreement
Formal Procedure. Step 1: In the event satisfactory resolution is not achieved through informal discussionsdiscussion, 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 BA). The Administrator Notice in writing that a decision will be effective at a future date shall respond constitute an act for purposes of initiation of this grievance procedure. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance.
Step 2: In the event satisfactory resolution is has not been achieved in Step l1, the grievant, within twenty (20) days of receipt of an the answer or of the date the answer is due if no answer is provided, shall forward the grievance form and form, written statement(s) why the resolution is not satisfactory, and any other documentation, documentation to the chief administrative officer or his/his or her designee. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance. If the a grievance affects unit members in more than one department, division or other appropriate unit on a campus, the UnionAssociation, within twenty (20) days following the act or omission giving rise to the grievance or the date on which the Union Association 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 written, signed grievance form referred to in Step 1. A grievance so presented shall be answered in writing within twenty (20) days of the receipt of the grievance.
Step 3: In the event satisfactory resolution has not been achieved in Steps 1 and Step 2, the UnionAssociation, within twenty (20) days of receipt of the answer or of the date the answer is due if no answer is provided, may shall 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 Association, within twenty (20) days following the action act or omission giving rise to the grievance or the date on which the Union Association reasonably should have known of such act or omission if that date is later, shall forward to the Chancellor or his or her the Chancellor’s 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 4: a) In the event a grievance is not satisfactorily resolved in Step 3 of the grievance procedure and the Union wishes to proceed to arbitration, it shall serve written notice to that effect. Notice shall be by certified mail directed to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date such answer is due, if no answer is provided. The parties shall meet within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five (5) days of the initial meeting, or if the ten day period lapses without a meeting being scheduled, the grievance may be referred to the American Arbitration Association for resolution by a single arbitrator in accordance with the procedures, rules and regulations of that Association.twenty
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Employment Agreement, Collective Bargaining Agreement
Formal Procedure. Step 1: In the event satisfactory resolution is not achieved through informal discussionsdiscussion, 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 BA). The Administrator Notice in writing that a decision will be effective at a future date shall respond constitute an act for purposes of initiation of this grievance procedure. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance.
Step 2: In the event satisfactory resolution is has not been achieved in Step l1, the grievant, within twenty (20) days of receipt of an the answer or of the date the answer is due if no answer is provided, shall forward the grievance form and form, written statement(s) why the resolution is not satisfactory, and any other documentation, documentation to the chief administrative officer or his/his or her designee. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance. If the a grievance affects unit members in more than one department, division or other appropriate unit on a campus, the UnionAssociation, within twenty (20) days following the act or omission giving rise to the grievance or the date on which the Union Association 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 written, signed grievance form referred to in Step 1. A grievance so presented shall be answered in writing within twenty (20) days of the receipt of the grievance.
Step 3: In the event satisfactory resolution has not been achieved in Steps 1 and Step 2, the UnionAssociation, within twenty (20) days of receipt of the answer or of the date the answer is due if no answer is provided, may shall 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 Association, within twenty (20) days following the action act or omission giving rise to the grievance or the date on which the Union Association reasonably should have known of such act or omission if that date is later, shall forward to the Chancellor or his or her the Chancellor’s 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 4: :
a) In the event a grievance is not satisfactorily resolved in at Step 3 of the grievance procedure and the Union Association wishes to proceed to arbitration, it shall serve written notice to that effectaffect. Notice shall be by certified mail directed to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date such the answer is due, if no answer is provided. The parties shall meet confer within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five (5) days of the initial meeting, or if the ten day period lapses without a meeting being scheduledarbitrator, the grievance may will be referred to the American Arbitration Association for resolution by a single arbitrator in accordance with the procedures, rules and regulations of that Association.
b) The arbitrator shall have no authority to add to, subtract from, modify or alter the terms or provisions of this Agreement. Arbitration shall be confined to disputes arising under the terms of this Agreement.
c) The arbitrator shall have no authority to substitute his or her judgment for the professional judgment exercised by the chief administrative officer or Board of Trustees or designee(s) in cases regarding:
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Employment Agreement
Formal Procedure. Step 1: In the event satisfactory resolution is not achieved through informal discussionsdiscussion, 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 BA). The Administrator Notice in writing that a decision will be effective at a future date shall respond constitute an act for purposes of initiation of this grievance procedure. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance.
Step 2: In the event satisfactory resolution is has not been achieved in Step l1, the grievant, within twenty (20) days of receipt of an the answer or of the date the answer is due if no answer is provided, shall forward the grievance form and form, written statement(s) why the resolution is not satisfactory, and any other documentation, documentation to the chief administrative officer or his/his or her designee. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance. If the a grievance affects unit members in more than one department, division or other appropriate unit on a campus, the UnionAssociation, within twenty (20) days following the act or omission giving rise to the grievance or the date on which the Union Association 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 written, signed grievance form referred to in Step 1. A grievance so presented shall be answered in writing within twenty (20) days of the receipt of the grievance.
Step 3: In the event satisfactory resolution has not been achieved in Steps 1 and Step 2, the UnionAssociation, within twenty (20) days of receipt of the answer or of the date the answer is due if no answer is provided, may shall 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 Association, 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 twenty (20) days of receipt of the grievance. Step 4: a) In the event a grievance is not satisfactorily resolved in Step 3 of the grievance procedure and the Union wishes to proceed to arbitration, it shall serve written notice to that effect. Notice shall be by certified mail directed to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date such answer is due, if no answer is provided. The parties shall meet within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five (5) days of the initial meeting, or if the ten day period lapses without a meeting being scheduled, the grievance may be referred to the American Arbitration Association for resolution by a single arbitrator in accordance with the procedures, rules and regulations of that Association.twenty
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. Step 1: In If the event satisfactory resolution grievant chooses not to initiate the informal procedure, or the matter is not achieved through satisfactorily resolved by the informal discussionsprocedure, the grievantfollowing formal grievance procedure may be invoked. In no event, within twenty however, will a grievance be presented more than forty (2040) days following after the act act, omission, or omission giving rise to commencement of the grievance or the date condition on which the grievant reasonably should have known grievance is based. This 40-day limit will begin upon return to campus for those members who are out of such act the country or omission if that date is later, are on an official leave of absence.
a. Step One – Xxxx/Director Level.
i. The grievance shall complete and forward be presented on the Grievance Form (appended to the administrator whose action or decision is being contested the written signed grievance form (Appendix Bthis Agreement). The Administrator grievance shall respond in writing set forth the act, omission, or condition on which the grievance is based; the date thereof as precisely as possible; the specific provision of this Agreement which is alleged to have been violated, misinterpreted, or improperly applied; whether the informal procedure was invoked; and the remedy sought.
ii. Upon request of either party, the appropriate Xxxx/Director shall meet with the grievant within twenty ten (2010) days of receipt of the grievance.
Step 2: In the event satisfactory resolution is not achieved Grievance Form. The Xxxx/Director shall send a decision in Step l, writing to the grievant, the AAP grievance officer and the AAP President within twenty ten (2010) days of receipt this meeting, or within ten (10) days of an answer or of the date the answer is due if no answer is provided, shall forward receiving the grievance form and written statement(s) why if no meeting is held.
b. Step Two – Xxxxxxx Level. If the resolution grievant is not satisfactorysatisfied with the decision at Step One, and any other documentation, to a request for review may be filed with the chief administrative officer or his/her designeeXxxxxxx within ten (10) days of date of the decision at Step One. A grievance so presented The request for review shall be answered in writing presented on the Grievance Review Form. Upon request of either party, the Xxxxxxx or a designee shall meet with the grievant within twenty ten (2010) days of receipt of the grievancerequest for review. If The Xxxxxxx shall send his/her decision concerning the grievance affects unit members in more than one department, division or other appropriate unit on a campuswriting to the grievant, the Union, within twenty (20) days following the act or omission giving rise to the AAP 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 satisfactoryofficer, 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 twenty (20) days of receipt of the grievance. Step 4: a) In the event a grievance is not satisfactorily resolved in Step 3 of the grievance procedure and the Union wishes to proceed to arbitration, it shall serve written notice to that effect. Notice shall be by certified mail directed to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date such answer is due, if no answer is provided. The parties shall meet AAP President within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator such meeting or within five ten (510) days of receiving the initial meeting, or request for review if the ten day period lapses without a no meeting being scheduled, the grievance may be referred to the American Arbitration Association for resolution by a single arbitrator in accordance with the procedures, rules and regulations of that Associationis held.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. Step 1: In the event satisfactory resolution is not achieved through informal discussions, discussion 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 designated administrator whose action or decision is being contested the written signed grievance form (Appendix B). The Administrator Upon receipt of the written grievance, a grievance number shall respond be obtained from the Office of Human Resources and assigned to the grievance by the administrator. A grievance so presented shall be answered in writing within twenty ten (2010) days of receipt of the grievance.
Step 2: In the event satisfactory resolution is not achieved in Step l1, the grievant, within twenty (20) days of the 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 a grievance affects unit members in more than one department, division or other appropriate unit on a campus, or is based on a complaint of an act or omission by the Unionchief administrative officer or his or her designee, the Association, within twenty (20) days following the act or omission giving rise to the grievance or the date on which the Union Association 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 Step 2, the UnionAssociation or the Grievant, within twenty (20) days of receipt of the answer or of the date the answer is due if no answer is provided, may shall 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 Association or the Grievant, within twenty (20) days following the action or omission giving rise to the grievance or the date on which the Union Association or the Grievant 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 twenty (20) days of receipt of the grievance. Step 4: a) In the event a grievance is not satisfactorily resolved in at Step 3 of the grievance procedure Grievance Procedure and the Union Association wishes to proceed to arbitration, it shall serve written notice to that effect. Notice shall be by certified mail directed to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date such the answer is due, if no answer is provided. The parties shall meet confer within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five (5) days of the initial meeting, or if the ten day period lapses without a meeting being scheduledarbitrator, the grievance may will be referred to the American Arbitration Association for resolution by a single arbitrator in accordance with the procedures, rules and regulations of that Association.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. Step 1: In To initiate a grievance the event satisfactory resolution is not achieved through informal discussionsgrievant(s) and/or the Union shall complete the Grievance Form, which provides a statement of the facts surrounding the grievance, the grievant, specific provision(s) of this Agreement allegedly violated and the remedy requested. LEVEL ONE: Chancellor The grievant(s) and/or the Union shall file the grievance with the Chancellor within twenty sixty (2060) calendar days following of the act or omission occurrence giving rise to the grievance or within sixty (60) calendar days of the date on which the grievant reasonably grievant(s) and/or the Union learned or should have known learned of such act or omission if that date occurrence, whichever is later, shall complete and forward to but in no case longer than a year from the administrator whose action or decision occurrence. If the alleged violation occurs while a bargaining unit member 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 lon an approved leave, the grievant, bargaining unit member shall file the grievance within twenty sixty (2060) calendar days from the date of receipt expiration of an answer said leave or of sixty (60) calendar days from the date the answer bargaining unit member learned or should have learned of the occurrence giving rise to the grievance, whichever is due if later, but in no answer is provided, event later than fourteen (14) calendar months from the date of the occurrence. The grievant(s) and/or the Union and the Chancellor shall forward meet and discuss the grievance form within ten (10) calendar days after such filing. The Chancellor shall then consider the grievance and written statement(s) why render a decision together with the resolution is not satisfactory, and any other documentation, reasons in writing to the chief administrative officer or his/her designeegrievant(s) and the Union within twenty-one (21) calendar days from the date on which the grievance was filed with the Chancellor. LEVEL TWO: President A grievance so presented shall may be answered submitted to the President in writing within twenty (20cases where the grievant(s) days and/or the Union are not satisfied with the decision at Level One, or where the grievance is of receipt of a University-wide nature, or where the grievancegrievance is based on a presidential decision. If the grievance affects unit members in more than one department, division or other appropriate unit on a campusgrievant(s) and/or the Union is not satisfied with the decision at Level One, the Uniongrievant(s) and/or the Union may file an appeal in writing to the President within ten (10) calendar days after the written decision of the Chancellor is received, or is due; grievances presented initially to the President must be filed by the grievant(s) and/or the Union within twenty sixty (2060) calendar days following of the act or omission occurrence giving rise to the grievance or within sixty (60) calendar days of the date on which the grievant(s) and/or the Union reasonably learned or should have known learned of such act occurrence, whichever is later. If a bargaining unit member is on approved leave at the time of the alleged violation or omission if that at the time he/she would otherwise have learned of such occurrence, then the bargaining unit member and/or the Union shall file the grievance within sixty (60) calendar days from the date of expiration of said leave or sixty (60) calendar days from the day he/she learned, or should have learned, of such occurrence, whichever is later, but in no event later than fourteen (14) calendar months from the date of the occurrence. The grievant(s) and/or the Union and the President shall forward meet and discuss the grievance within ten (10) calendar days after such filing. The President shall then consider the grievance and render a decision together with the reasons in writing to the chief administrative officer or his or her designee grievant(s) and the written signed Union within twenty-eight (28) calendar days from the date on which the grievance form referred was filed with the President. LEVEL THREE: Arbitration If the grievance is not resolved to in Step 1. A the satisfaction of the Union at Level Two, the Union may submit the grievance so presented shall be answered in writing within twenty thirty (2030) calendar days of the 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 response at Level Two or the date on which the Union reasonably should have known of such act or omission if that date decision was due, whichever is later, shall forward to the Chancellor or his or her designee the written signed grievance form referred to in Step 1final and binding arbitration. A grievance so presented shall be answered in writing within twenty (20) days of receipt Notice of the grievance. Step 4: a) In the event a grievance is not satisfactorily resolved in Step 3 appeal of the grievance procedure and the Union wishes to proceed to arbitration, it shall serve written notice to that effect. Notice arbitration shall be by certified mail directed sent to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date such answer is due, if no answer is providedAdministration. The parties shall meet within Within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five (5) calendar days of the initial meeting, or if Administration's receipt of such notice from the ten day period lapses without a meeting being scheduledUnion, the parties shall select as arbitrator an individual mutually acceptable to the Union and the Administration. Upon acceptance by the selected individual of the position of arbitrator, the Administration and Union shall promptly file with the arbitrator: a copy of this Agreement; a copy of the written notice, sent to the Administration, of the Union's intention to initiate arbitration; and a complete copy of the grievance may record. The arbitration shall be referred to conducted in accordance with the rules and regulations of the American Arbitration Association for resolution in effect at the date of said submission. The arbitrator, unless the time limit is mutually waived by the parties, shall render a single decision not later than thirty (30) calendar days from the date of the closing of the hearings. The decision and award of the arbitrator shall be final and binding on the parties and further, such decision shall be in accordance with writing, setting forth the proceduresopinion and conclusions on the issues submitted to the arbitrator. However, rules the arbitrator shall be without authority to add to, subtract from or modify the terms of this Agreement. The costs of arbitration, exclusive of those incurred by each respective party in preparing and regulations of that Associationpresenting its case, shall be borne equally by the parties.
Appears in 2 contracts
Samples: Campus Agreement, Boston Campus Agreement
Formal Procedure. Step 1: In To initiate a grievance the event satisfactory resolution is not achieved through informal discussionsgrievant(s) and/or the Union shall complete the Grievance Form, which provides a statement of the facts surrounding the grievance, the grievantprovision(s) of this Agreement violated and the remedy requested. The grievant(s) and/or the Union shall file the grievance at Step 2, the Vice- Chancellor's/Chancellor's level, by presenting it to the Employer/University Administration's Campus Contract Administrator or designee within twenty sixty (2060) calendar days following of the act action or omission inaction giving rise to the grievance or within sixty (60) calendar days of the date on which the grievant reasonably grievant(s) and/or Union learned or should have known learned of such act action or omission if that inaction. The Employer/University Administration shall make the determination whether Step 2 shall be heard by the Vice Chancellor or Chancellor. However, in no case shall a particular grievance be heard by both the Vice Chancellor and Chancellor. If the alleged violation occurs while a bargaining unit member is on an approved leave, the bargaining unit member shall file the grievance within sixty (60) calendar days from the date of expiration of said leave or sixty (60) calendar days from the date the bargaining unit member learned or should have learned of the action or inaction giving rise to the grievance, whichever is later, shall complete and forward to but in any event no later than fourteen (14) calendar months from the administrator whose date of the action or decision is being contested the written signed grievance form (Appendix B)inaction. The Administrator grievant(s) and/or the Union and the Vice Chancellor/Chancellor or designee shall respond in writing meet and discuss the grievance within twenty (20) calendar days of receipt of after such filing. The Vice Chancellor/Chancellor or designee shall then consider the grievance.
grievance and render a decision together with the reasons in writing to the grievant(s) and the Union within thirty (30) calendar days from the date on which the grievance was filed at 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 is submitted to Step 3 by presenting it to the President or designee when the grievant(s) and/or Union are not satisfied with the decision at Step 2. The grievance shall be answered filed at Step 3, in writing writing, within twenty ten (2010) calendar days after the written decision of the Vice Chancellor/Chancellor or designee is received, or is due. Grievances presented initially at Step 3 must be filed by the grievant(s) and/or the Union within sixty (60) calendar days of receipt of the grievance. If the grievance affects unit members in more than one department, division action or other appropriate unit on a campus, the Union, within twenty (20) days following the act or omission inaction giving rise to the grievance or within sixty (60) calendar days of the date on which the grievant(s) and/or the Union reasonably learned or should have known learned of such act action or omission if that inaction, whichever is later. If the alleged violation occurs while a bargaining unit member is on an approved leave, the bargaining unit member shall file the grievance within sixty (60) calendar days from the date of expiration of said leave or sixty (60) calendar days from the date the bargaining unit member learned or should have learned of the action or inaction giving rise to the grievance, whichever is later, but in any event no later than fourteen (14) calendar months after the action or inaction. The grievant(s) and/or Union and the President or designee shall forward to meet and discuss 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) calendar days after such filing. The President or designee shall then consider the grievance and render a decision together with the reasons in writing to the grievant(s) and the Union within thirty (30) calendar days from the date on which the grievance was filed at Step 3. Alternate Step 3 - Grievance Mediation By mutual agreement, the parties may utilize mediation as an alternative to Step Three of the grievance process. When such mediation is agreed to, the Step Three process described above shall be waived. Grievance mediation must be jointly agreed to by the parties prior to the onset of a hearing under the Step Three process above. A mediator, jointly agreed to by the parties, shall be selected to mediate the matter. Such mediation shall begin within sixty days of receipt the joint request for mediation. The case shall be resolved within ninety days of the grievance.
Step 3: In joint request for mediation, unless both parties agree to an extension in writing. At the event satisfactory resolution has not been achieved in Steps 1 and 2conclusion of the ninety day period or extension, the Unionunion shall have ten days to file for arbitration. By mutual agreement, within twenty (20) days of receipt of the answer or of parties may agree to mediation at an earlier stage in the date the answer is due if no answer is grievance process, provided, may forward however, that in these instances, if the case is not resolved in mediation the grievance will return 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 grievanceprocess. If the grievance affects unit members on more than one campusis not resolved to the satisfaction of the Union at Step 3, the Union within twenty (20) days following the action or omission giving rise to may submit the grievance within thirty (30) calendar days of the receipt of the written response at Step 3 or the date on which the Union reasonably should have known of such act or omission if that date decision was due, whichever is later, shall forward to the Chancellor or his or her designee the written signed grievance form referred to in Step 1final and binding arbitration. A grievance so presented shall be answered in writing within twenty (20) days of receipt Notice of the grievance. Step 4: a) In the event a grievance is not satisfactorily resolved in Step 3 appeal of the grievance procedure and the Union wishes to proceed to arbitration, it shall serve written notice to that effect. Notice arbitration shall be by certified mail directed sent to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date such answer is due, if no answer is providedEmployer/University Administration. The parties shall meet within Within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five (5) calendar days of the initial meeting, or if Employer's/University Administration's receipt of such notice from the ten day period lapses without a meeting being scheduledUnion, the grievance may Union and the Employer/University Administration shall select the arbitrator whose name next follows the name last selected from a panel of arbitrators mutually established by the Union and the Employer/University Administration. If the arbitrator so selected is unable or unwilling to serve as the arbitrator within thirty (30) calendar days of the date of his/her selection, then the Union and the Employer/University Administration, unless they mutually agree to waive the time limits, shall select the individual whose name next appears on the list. No individual shall be referred selected to serve as arbitrator for a second time until all of the American Arbitration Association for resolution by a single arbitrator remaining individuals appearing on said list shall have been selected (asked or invited) to served in accordance with these procedures. Upon acceptance by the proceduresselected individual of the position of arbitrator, rules the Employer/University Administration and regulations of that Association.Union shall promptly file with the arbitrator:
Appears in 1 contract
Samples: Collective Bargaining Agreement
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 their 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 twenty (20) days of receipt of the grievance. Step 4: a) In the event a grievance is not satisfactorily resolved in Step 3 of the grievance procedure and the Union wishes to proceed to arbitration, it shall serve written notice to that effect. Notice shall be by certified mail directed to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date such answer is due, if no answer is provided. The parties shall meet within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five (5) days of the initial meeting, or if the ten day period lapses without a meeting being scheduled, the grievance may be referred to the American Arbitration Association for resolution by a single arbitrator in accordance with the procedures, rules and regulations of that Association.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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 twenty (20) days of receipt of the grievance. Step 4: :
a) In the event a grievance is not satisfactorily resolved in Step 3 of the grievance procedure and the Union wishes to proceed to arbitration, it shall serve written notice to that effect. Notice shall be by certified mail directed to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date such answer is due, if no answer is provided. The parties shall meet within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five (5) days of the initial meeting, or if the ten day period lapses without a meeting being scheduled, the grievance may be referred to the American Arbitration Association for resolution by a single arbitrator in accordance with the procedures, rules and regulations of that Association.
b) The arbitrator shall have no authority to add to, subtract from, modify or alter the terms or provisions of this Agreement. Arbitration shall be confined to disputes arising under the terms of this Agreement.
c) The arbitrator shall have no authority to substitute his or her judgment for the academic judgment exercised by the chief administrative officer or designee(s) or the Board of Trustees or their designee(s). If an arbitrator determines that academic judgment has been exercised in an arbitrary or capricious manner, the arbitrator may remand the decision being grieved for reconsideration. This remand may include a recommendation from the arbitrator.
d) The arbitrator's decision as to whether there has been a violation of this Agreement shall be final and binding on the University, the Union and any and all affected members.
e) An arbitrator may award lost University compensation where appropriate to remedy a violation of the Agreement, but the arbitrator may not award other monetary damages or penalties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. Step 1: In the event satisfactory resolution is not achieved through informal discussions, discussions the grievant, within twenty thirty (2030) 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 BA). The Administrator administrator shall respond in writing within twenty (20) days of receipt of the grievance.
Step 2: In the event If satisfactory resolution is not achieved in Step l1, 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, written statement(s) why the resolution is not satisfactory, and any other documentation, to the next appropriate level of administration. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance. This step of the grievance procedure shall be applicable only at the following campuses: UMF, UM, UMPI, USM.
Step 3: In the event satisfactory resolution is not achieved in Step 2, the grievant, within twenty (20) days of the 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 of his/her designee. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance. If the a grievance affects unit members in more than one department, division or other appropriate unit on a campus, the UnionAssociation, within twenty (20) days following the act or omission giving rise to the grievance or the date on which the Union Association 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 34: In the event satisfactory resolution has not been achieved in Steps 1 and 2through 3, the UnionAssociation, 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 Association, within twenty (20) days following the action or omission giving rise to the grievance or the date on which the Union Association 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 twenty (20) days of receipt of the grievance. Step 45: a) In in the event a grievance is not satisfactorily resolved in at Step 3 4 of the grievance procedure and the Union Association wishes to proceed to arbitration, it shall serve written notice to that effect. Notice shall be by certified mail directed to the Chancellor within twenty (20) days after receipt of the Step 3 4 answer or the date such answer is due, if no answer is provided. The parties shall meet within ten twenty (1020) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five ten (510) days of the initial meeting, or if the ten twenty (20) day period lapses without a meeting being scheduled, the grievance may shall be referred by either party within twenty (20) days to the American Arbitration Association Federal Mediation and Conciliation Service for resolution by a single arbitrator in accordance with the procedures, rules and regulations of that Association. Should the grievant elect representation in arbitration by counsel of his or her choosing, said counsel will assume full responsibility of selecting an arbitrator pursuant to the provision of this paragraph. The arbitrator shall not waive timelines or excuse counsel in instances where counsel fails to adhere to the specified timelines as related to the selection of the arbitrator. The Association will provide written notification to the Chancellor or the Chancellor’s designee that the grievant’s counsel will assume the responsibility of selecting an arbitrator and will also represent the grievant in arbitration Expedited Arbitration The University and the Association shall decide on a case-by-case basis whether expedited arbitration proceedings shall be utilized for any particular grievance. In those cases where both parties agree in writing to expedite arbitration, the following procedure shall be used: The parties shall agree within sixty (60) days following the execution date of the Agreement on a panel of not fewer than seven (7) arbitrators who are members of the National Academy of Arbitrators. The panel members shall be placed in alphabetical order and shall be selected by rotation from top to bottom of the list of panel members. The arbitrators shall agree to hear a case in not less than ten (10) days and not more than twenty (20) days. If an arbitrator is not able to hear the case within the established time, the next arbitrator on the list shall be selected. The arbitration shall take place at a time and location agreed on by the parties. The arbitration shall be conducted in accordance with the following procedures:
a. The hearing shall be informal
b. Formal rules of evidence shall not apply
c. There shall be no transcripts or post-hearing briefs
d. The arbitrator shall notify the parties of his or her decision within seventy-two (72) hours after the close of the hearing.
e. The decision of the arbitrator shall be based on the record before the arbitrator and shall include a written explanation of the arbitrator’s decision. The arbitrator may issue his or her written explanation after the time of the decision, but in no case longer than seven (7) calendar days from the date the arbitrator gives notice of his or her decision.
f. The decision shall be final and binding
g. If the parties mutually agree, the arbitrator may be asked for a bench decision
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. Step 1: In the event satisfactory resolution is not achieved through informal discussionsdiscussion, the grievantgrievant or xxxxxxx, 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 present orally to his or her immediate supervisor the administrator whose action or decision is being contested the written signed grievance. A grievance form so presented shall be answered within ten (Appendix B). The Administrator shall respond in writing within twenty (2010) work days of receipt of the grievance.
Step 2: In the event satisfactory resolution is has not been achieved in Step l1, the grievant, within twenty ten (2010) work days of receipt of an the answer or of the date the answer is due if no answer is provided, shall forward the grievance form and form, written statement(s) statements why the resolution is not satisfactory, and any other documentation, documentation to the chief administrative officer or his/her designeenext appropriate level of administration. A grievance so presented shall be answered in writing within twenty ten (2010) work days of receipt of the grievance. If the a grievance affects unit members in more than one department, division or other appropriate unit on a campusunit, the UnionAssociation, within twenty ten (2010) work days following the act or omission giving rise to the grievance or the date on which the Union Association 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 written, signed grievance form referred to in Step 12 (Appendix A). A grievance so presented shall be answered in writing within twenty ten (2010) work days of the receipt of the grievance.
Step 3: In the event satisfactory resolution has not been achieved in Steps 1 and Step 2, the UnionAssociation, within twenty ten (2010) work days of receipt of the answer or of the date the answer is due if no answer is provided, may shall forward to the Chancellor President or his or her designee the written grievance form, written statement(s) statements why the resolution is not satisfactory, and any other documentation. The Chancellor President or his or her designee shall answer in writing within twenty ten (2010) work 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 twenty (20) days of receipt of the grievance. Step 4: a) In the event a grievance is not satisfactorily resolved in Step 3 of the grievance procedure and the Union wishes to proceed to arbitration, it shall serve written notice to that effect. Notice shall be by certified mail directed to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date such answer is due, if no answer is provided. The parties shall meet within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five (5) days of the initial meeting, or if the ten day period lapses without a meeting being scheduled, the grievance may be referred to the American Arbitration Association for resolution by a single arbitrator in accordance with the procedures, rules and regulations of that Association.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. Step 1: In the event satisfactory resolution is not achieved through informal discussions, discussions the grievant, within twenty thirty (2030) 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 BA). The Administrator administrator shall respond in writing within twenty (20) days of receipt of the grievance.
Step 2: In the event If satisfactory resolution is not achieved in Step l1, 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, written statement(s) why the resolution is not satisfactory, and any other documentation, to the next appropriate level of administration. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance. This step of the grievance procedure shall be applicable only at the following campuses: UMF, UM, UMPI, USM.
Step 3: In the event satisfactory resolution is not achieved in Step 2, the grievant, within twenty (20) days of the 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 of his/her designee. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance. If the a grievance affects unit members in more than one department, division or other appropriate unit on a campus, the UnionAssociation, within twenty (20) days following the act or omission giving rise to the grievance or the date on which the Union Association 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 34: In the event satisfactory resolution has not been achieved in Steps 1 and 2through 3, the UnionAssociation, 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 Association, within twenty (20) days following the action or omission giving rise to the grievance or the date on which the Union Association 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 twenty (20) days of receipt of the grievance. .
Step 45: a) In the event a grievance is not satisfactorily resolved in at Step 3 4 of the grievance procedure and the Union Association wishes to proceed to arbitration, it shall serve written notice to that effect. Notice shall be by certified mail directed to the Chancellor within twenty (20) days after receipt of the Step 3 4 answer or the date such answer is due, if no answer is provided. The parties shall meet within ten twenty (1020) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five ten (510) days of the initial meeting, or if the ten twenty (20) day period lapses without a meeting being scheduled, the grievance may shall be referred by either party within twenty (20) days to the American Arbitration Association Federal Mediation and Conciliation Service for resolution by a single arbitrator in accordance with the procedures, rules and regulations of that Association. Should the grievant elect representation in arbitration by counsel of his or her choosing, said counsel will assume full responsibility of selecting an arbitrator pursuant to the provision of this paragraph. The arbitrator shall not waive timelines or excuse counsel in instances where counsel fails to adhere to the specified timelines as related to the selection of the arbitrator. The Association will provide written notification to the Chancellor or the Chancellor’s designee that the grievant’s counsel will assume the responsibility of selecting an arbitrator and will also represent the grievant in arbitration. Expedited Arbitration: The University and the Association shall decide on a case-by-case basis whether expedited arbitration proceedings shall be utilized for any particular grievance. In those cases where both parties agree in writing to expedite arbitration, the following procedure shall be used: The parties shall agree within sixty (60) days following the execution date of the Agreement on a panel of not fewer than seven (7) arbitrators who are members of the National Academy of Arbitrators. The panel members shall be placed in alphabetical order and shall be selected by rotation from top to bottom of the list of panel members. The arbitrators shall agree to hear a case in not less than ten (10) days and not more than twenty (20) days. If an arbitrator is not able to hear the case within the established time, the next arbitrator on the list shall be selected. The arbitration shall take place at a time and location agreed on by the parties. The arbitration shall be conducted in accordance with the following procedures:
a. The hearing shall be informal
b. Formal rules of evidence shall not apply
c. There shall be no transcripts or post-hearing briefs
d. The arbitrator shall notify the parties of his or her decision within seventy-two (72) hours after the close of the hearing.
e. The decision of the arbitrator shall be based on the record before the arbitrator and shall include a written explanation of the arbitrator’s decision. The arbitrator may issue his or her written explanation after the time of the decision, but in no case longer than seven (7) calendar days from the date the arbitrator gives notice of his or her decision.
f. The decision shall be final and binding
g. If the parties mutually agree, the arbitrator may be asked for a bench decision:
1. The arbitrator shall have no authority to add to, subtract from, modify or alter the terms or provisions of this Agreement. Arbitration shall be confined to disputes arising under the terms of this Agreement.
2. The arbitrator shall have no authority to substitute his or her judgment for the academic judgment exercised by the chief administrative officer or designee(s) or the Board of Trustees or their designee(s).
3. The arbitrator's decision as to whether there has been a violation of this Agreement shall be final and binding on the University, the Association and any and all affected members.
4. An arbitrator may award lost University compensation where appropriate to remedy a violation of this Agreement, but the arbitrator may not award other monetary damages or penalties.
5. The arbitrator may award an appropriate remedy when a violation of the Agreement has been determined. In no case shall the arbitrator award tenure as a remedy nor shall an arbitrator's decision awarding employment beyond the sixth year of employment entitle the unit member to tenure. The arbitrator in a case involving the denial of tenure may direct a remand to the Board of Trustees and may include a recommendation regarding the tenure status of the unit member.
6. If a unit member is reappointed at the direction of an arbitrator, the chief administrative officer shall consult with the unit member and assign the person during the period of appointment to a mutually agreed upon assignment which may be the former position or a substantially equivalent one.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. Step 1: In To initiate a grievance the event satisfactory resolution is not achieved through informal discussionsgrievant(s) and/or the Union shall complete the Grievance Form, which provides a statement of the facts surrounding the grievance, the grievantprovision(s) of this Agreement violated and the remedy requested. The grievant(s) and/or the Union shall file the grievance at Step 2, the Vice- Chancellor's/Chancellor's level, by presenting it to the Employer/University Administration's Campus Contract Administrator or designee within twenty sixty (2060) calendar days following of the act action or omission inaction giving rise to the grievance or within sixty (60) calendar days of the date on which the grievant reasonably grievant(s) and/or Union learned or should have known learned of such act action or omission if that inaction. The Employer/University Administration shall make the determination whether Step 2 shall be heard by the Vice Chancellor or Chancellor. However, in no case shall a particular grievance be heard by both the Vice Chancellor and Chancellor. If the alleged violation occurs while a bargaining unit member is on an approved leave, the bargaining unit member shall file the grievance within sixty (60) calendar days from the date of expiration of said leave or sixty (60) calendar days from the date the bargaining unit member learned or should have learned of the action or inaction giving rise to the grievance, whichever is later, shall complete and forward to but in any event no later than fourteen (14) calendar months from the administrator whose date of the action or decision is being contested the written signed grievance form (Appendix B)inaction. The Administrator grievant(s) and/or the Union and the Vice Chancellor/Chancellor or designee shall respond in writing meet and discuss the grievance within twenty (20) calendar days of receipt of after such filing. The Vice Chancellor/Chancellor or designee shall then consider the grievance.
grievance and render a decision together with the reasons in writing to the grievant(s) and the Union within thirty (30) calendar days from the date on which the grievance was filed at 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 is submitted to Step 3 by presenting it to the President or designee when the grievant(s) and/or Union are not satisfied with the decision at Step 2. The grievance shall be answered filed at Step 3, in writing writing, within twenty ten (2010) calendar days after the written decision of the Vice Chancellor/Chancellor or designee is received, or is due. Grievances presented initially at Step 3 must be filed by the grievant(s) and/or the Union within sixty (60) calendar days of receipt of the grievance. If the grievance affects unit members in more than one department, division action or other appropriate unit on a campus, the Union, within twenty (20) days following the act or omission inaction giving rise to the grievance or within sixty (60) calendar days of the date on which the grievant(s) and/or the Union reasonably learned or should have known learned of such act action or omission if that inaction, whichever is later. If the alleged violation occurs while a bargaining unit member is on an approved leave, the bargaining unit member shall file the grievance within sixty (60) calendar days from the date of expiration of said leave or sixty (60) calendar days from the date the bargaining unit member learned or should have learned of the action or inaction giving rise to the grievance, whichever is later, but in any event no later than fourteen (14) calendar months after the action or inaction. The grievant(s) and/or Union and the President or designee shall forward to meet and discuss 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) calendar days after such filing. The President or designee shall then consider the grievance and render a decision together with the reasons in writing to the grievant(s) and the Union within thirty (30) calendar days from the date on which the grievance was filed at Step 3. Alternate Step 3 - Grievance Mediation By mutual agreement, the parties may utilize mediation as an alternative to Step Three of the grievance process. When such mediation is agreed to, the Step Three process described above shall be waived. Grievance mediation must be jointly agreed to by the parties prior to the onset of a hearing under the Step Three process above. A mediator, jointly agreed to by the parties, shall be selected to mediate the matter. Such mediation shall begin within sixty days of receipt the joint request for mediation. The case shall be resolved within ninety days of the grievance.
Step 3: In joint request for mediation, unless both parties agree to an extension in writing. At the event satisfactory resolution has not been achieved in Steps 1 and 2conclusion of the ninety day period or extension, the UnionUnion shall have ten days to file for arbitration. By mutual agreement, within twenty (20) days of receipt of the answer or of parties may agree to mediation at an earlier stage in the date the answer is due if no answer is grievance process, provided, may forward however, that in these instances, if the case is not resolved in mediation the grievance will return 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 grievanceprocess. If the grievance affects unit members on more than one campusis not resolved to the satisfaction of the Union at Step 3, the Union within twenty (20) days following the action or omission giving rise to may submit the grievance within thirty (30) calendar days of the receipt of the written response at Step 3 or the date on which the Union reasonably should have known of such act or omission if that date decision was due, whichever is later, shall forward to the Chancellor or his or her designee the written signed grievance form referred to in Step 1final and binding arbitration. A grievance so presented shall be answered in writing within twenty (20) days of receipt Notice of the grievance. Step 4: a) In the event a grievance is not satisfactorily resolved in Step 3 appeal of the grievance procedure and the Union wishes to proceed to arbitration, it shall serve written notice to that effect. Notice arbitration shall be by certified mail directed sent to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date such answer is due, if no answer is providedEmployer/University Administration. The parties shall meet within Within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five (5) calendar days of the initial meeting, or if Employer's/University Administration's receipt of such notice from the ten day period lapses without a meeting being scheduledUnion, the grievance may Union and the Employer/University Administration shall select the arbitrator whose name next follows the name last selected from a panel of arbitrators mutually established by the Union and the Employer/University Administration. If the arbitrator so selected is unable or unwilling to serve as the arbitrator within thirty (30) calendar days of the date of his/her selection, then the Union and the Employer/University Administration, unless they mutually agree to waive the time limits, shall select the individual whose name next appears on the list. No individual shall be referred selected to serve as arbitrator for a second time until all of the American Arbitration Association for resolution by a single arbitrator remaining individuals appearing on said list shall have been selected (asked or invited) to served in accordance with these procedures. Upon acceptance by the proceduresselected individual of the position of arbitrator, rules the Employer/University Administration and regulations of that Association.Union shall promptly file with the arbitrator:
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. Step 1: In the event satisfactory resolution is not achieved through informal discussions, discussions the grievant, within twenty thirty (2030) 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 BA). The Administrator administrator shall respond in writing within twenty (20) days of receipt of the grievance.
Step 2: In the event If satisfactory resolution is not achieved in Step l1, 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, written statement(s) why the resolution is not satisfactory, and any other documentation, to the next appropriate level of administration. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance. This step of the grievance procedure shall be applicable only at the following campuses: UMF, UM, UMPI, USM.
Step 3: In the event satisfactory resolution is not achieved in Step 2, the grievant, within twenty (20) days of the 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 of his/her designee. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance. If the a grievance affects unit members in more than one department, division or other appropriate unit on a campus, the UnionAssociation, within twenty (20) days following the act or omission giving rise to the grievance or the date on which the Union Association 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 34: In the event satisfactory resolution has not been achieved in Steps 1 and 2through 3, the UnionAssociation, 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 Association, within twenty (20) days following the action or omission giving rise to the grievance or the date on which the Union Association 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 twenty (20) days of receipt of the grievance. Step 45: a) In in the event a grievance is not satisfactorily resolved in at Step 3 4 of the grievance procedure and the Union Association wishes to proceed to arbitration, it shall serve written notice to that effect. Notice shall be by certified mail directed to the Chancellor within twenty (20) days after receipt of the Step 3 4 answer or the date such answer is due, if no answer is provided. The parties shall meet within ten twenty (1020) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five ten (510) days of the initial meeting, or if the ten day period lapses without a meeting being scheduled, the grievance may be referred to the American Arbitration Association for resolution by a single arbitrator in accordance with the procedures, rules and regulations of that Association.twenty
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. Step 1: In the event satisfactory resolution . Level One - Principal
a. If an aggrieved teacher is not achieved through satisfied with the outcome of informal discussionsprocedures, he/she shall present his/her claim to the Principal as a written grievance which states the specific contract article and section which the teacher/teachers allege has been misinterpreted or misapplied.
b. If an aggrieved teacher is not satisfied with the outcome of informal procedures,Within ten (10) days after the receipt of such written grievance, the grievantPrincipal shall meet with the aggrieved teacher and his/her designated representative, within twenty (20) days following if any, for the act or omission giving rise to the grievance or the date on which the grievant reasonably should have known purpose 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 resolving the grievance.
Step 2: In the event satisfactory resolution is not achieved in Step lc. Within ten (10) days after such meeting, the grievant, within twenty (20) days of receipt of an answer or of the date the answer is due if no answer is provided, Principal 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 render his/her designee. A grievance so presented shall be answered decision and reasons therefore in writing within twenty with a copy to the President of the Association.
2. Level Two – Superintendent
a. If an aggrieved teacher is not satisfied with the outcome of Level One, he/she shall present his/her claim to the Superintendent as a written grievance which states the specific contract article and section which the teacher/teachers allege has been misinterpreted or misapplied.
b. Within ten (2010) days of after the receipt of the such written grievance. If the grievance affects unit members in more than one department, division or other appropriate unit on a campus, the UnionSuperintendent shall meet with the aggrieved teacher and his/her designated representative, within twenty (20) days following if any, for the act or omission giving rise to the grievance or the date on which the Union reasonably should have known purpose 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 resolving the grievance.
Step 3: In the event satisfactory resolution has not been achieved in Steps 1 and 2, the Union, within twenty c. Within ten (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 twenty (20) days of receipt of the grievance. Step 4: a) In the event a grievance is not satisfactorily resolved in Step 3 of the grievance procedure and the Union wishes to proceed to arbitration, it shall serve written notice to that effect. Notice shall be by certified mail directed to the Chancellor within twenty (2010) days after receipt such meeting, the Superintendent shall render his/her decision and reasons therefore in writing with a copy to the President of the Step 3 answer or Association.
3. Level Three – Board of Education
a. If the date such answer aggrieved teacher is duenot satisfied with the disposition of his/her grievance at Level Two, if no answer is provided. The parties he/she shall meet within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should after the parties be unable to agree upon an arbitrator within five decision, file the grievance with the Board.
b. Within ten (510) days after the receipt of such written grievance, the Board shall meet with the aggrieved teacher and his/her designated representative, if any, for the purpose of resolving the grievance.
c. Within ) fifteen (15) days after such meeting the Board shall render its decision and the reasons therefore in writing, to the aggrieved teacher with a copy to the President of the initial meetingAssociation.
4. Level Four - Binding Arbitration
a. If the aggrieved teacher is not satisfied with the disposition of his/her grievance at Level Three, or if he/she shall, within ten (10) days after the decision, request in writing to the President of the Association, that his/her grievance be submitted to arbitration.
b. The Association shall, within ten day period lapses without a meeting being scheduled(10) days after the receipt of such request, submit the grievance may to arbitration by so notifying the Board, in writing, and by filing a demand for arbitration under the Voluntary Labor Arbitration Rules of the AAA. The AAA shall act as the administrator of the proceedings.
c. The arbitrator shall be referred bound by the Voluntary Labor Arbitration Rules. The decision of the Arbitrator shall be final and binding upon all parties in interest. The Arbitrator shall not add to nor subtract from the American Arbitration Association for resolution terms of the Agreement.
d. The costs of the arbitrator shall be assumed by a single arbitrator in accordance with the procedures, rules and regulations of that Associationlosing party.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. Step 1: In To initiate a grievance the event satisfactory resolution is not achieved through informal discussionsgrievant(s) and/or the Union shall complete the Grievance Form, which provides a statement of the facts surrounding the grievance, the grievant, specific provision(s) of this Agreement allegedly violated and the remedy requested.
(a) LEVEL ONE: Chancellor The grievant(s) and/or the Union shall file the grievance with the chancellor within twenty sixty (2060) calendar days following of the act or omission occurrence giving rise to the grievance or within sixty (60) calendar days of the date on which the grievant reasonably grievant(s) and/or the Union learned or should have known learned of such act or omission if that date occurrence, whichever is later, shall complete and forward to but in no case longer than a year from the administrator whose action or decision occurrence. If the alleged violation occurs while a bargaining unit member 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 lon an approved leave, the grievant, bargaining unit member shall file the grievance within twenty sixty (2060) calendar days from the date of receipt expiration of an answer said leave or of sixty (60) calendar days from the date the answer bargaining unit member learned or should have learned of the occurrence giving rise to the grievance, whichever is due if later, but in no answer is provided, event later than fourteen (14) calendar months from the date of the occurrence. The grievant(s) and/or the Union and the chancellor shall forward meet and discuss the grievance form within ten (10) calendar days after such filing. The chancellor shall then consider the grievance and written statement(s) why render a decision together with the resolution is not satisfactory, and any other documentation, reasons in writing to the chief administrative officer or his/her designee. grievant(s) and the Union within twenty-one (21) calendar days from the date on which the grievance was filed with the chancellor.
(b) LEVEL TWO: President A grievance so presented shall may be answered submitted to the President in writing within twenty (20cases where the grievant(s) days and/or the Union are not satisfied with the decision at Level One, or where the grievance is of receipt of a University-wide nature, or where the grievancegrievance is based on a presidential decision. If the grievance affects unit members in more than one department, division or other appropriate unit on a campusgrievant(s) and/or the Union is not satisfied with the decision at Level One, the Uniongrievant(s) and/or the Union may file an appeal in writing to the President within ten (10) calendar days after the written decision of the chancellor is received, or is due; grievances presented initially to the President must be filed by the grievant(s) and/or the Union within twenty sixty (2060) calendar days following of the act or omission occurrence giving rise to the grievance or within sixty (60) calendar days of the date on which the grievant(s) and/or the Union reasonably learned or should have known learned of such act occurrence, whichever is later. If a bargaining unit member is on approved leave at the time of the alleged violation or omission if that at the time he/she would otherwise have learned of such occurrence, then the bargaining unit member and/or the Union shall file the grievance within sixty (60) calendar days from the date of expiration of said leave or sixty (60) calendar days from the day he/she learned, or should have learned, of such occurrence, whichever is later, but in no event later than fourteen (14) calendar months from the date of the occurrence. The grievant(s) and/or the Union and the President shall forward meet and discuss the grievance within ten (10) calendar days after such filing. The President shall then consider the grievance and render a decision together with the reasons in writing to the chief administrative officer or his or her designee grievant(s) and the written signed Union within twenty-eight (28) calendar days from the date on which the grievance form referred was filed with the President.
(c) LEVEL THREE: Arbitration If the grievance is not resolved to in Step 1. A the satisfaction of the Union at Level Two, the Union may submit the grievance so presented shall be answered in writing within twenty thirty (2030) calendar days of the 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 response at Level Two or the date on which the Union reasonably should have known of such act or omission if that date decision was due, whichever is later, shall forward to the Chancellor or his or her designee the written signed grievance form referred to in Step 1final and binding arbitration. A grievance so presented shall be answered in writing within twenty (20) days of receipt Notice of the grievance. Step 4: a) In the event a grievance is not satisfactorily resolved in Step 3 appeal of the grievance procedure and the Union wishes to proceed to arbitration, it shall serve written notice to that effect. Notice arbitration shall be by certified mail directed sent to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date such answer is due, if no answer is providedEmployer/University Administration. The parties shall meet within Within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five (5) calendar days of the initial meeting, or if Employer's/University Administration's receipt of such notice from the ten day period lapses without a meeting being scheduledUnion, the parties shall select as arbitrator the individual whose name first appears on the list of arbitrators chosen by the Union and the Employer/University Administration. In each subsequent instance, the parties shall select the individual whose name next follows the name last selected. If the individual so selected shall be unable or unwilling to serve as the arbitrator within thirty (30) calendar days of the date of his/her selection, then the parties, unless they mutually agree to waive the time limits, shall select the individual whose name next appears on said list. No individual shall be selected to serve as arbitrator for a second time until all of the remaining individuals appearing on said list shall have been selected (asked or invited) to serve in accordance with these procedures. Upon acceptance by the selected individual of the position of arbitrator, the Employer/University Administration and Union shall promptly file with the arbitrator:
(1) a copy of this Agreement;
(2) a copy of the written notice, sent to the Employer/University Administration, of the Union's intention to initiate arbitration; and
(3) a complete copy of the grievance may record. The arbitration shall be referred to conducted in accordance with the rules and regulations of the American Arbitration Association for resolution in effect at the date of said submission. The arbitrator, unless the time limit is mutually waived by the parties, shall render a single decision not later than thirty (30) calendar days from the date of the closing of the hearings. The decision and award of the arbitrator shall be final and binding on the parties and further, such decision shall be in accordance with writing, setting forth the proceduresopinion and conclusions on the issues submitted to the arbitrator. However, rules the arbitrator shall be without authority to add to, subtract from or modify the terms of this Agreement. The costs of arbitration, exclusive of those incurred by each respective party in preparing and regulations of that Associationpresenting its case, shall be borne equally by the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. Step 1: In the event satisfactory resolution is not achieved through informal discussionsdiscussion, 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 BA). The Administrator Notice in writing that a decision will be effective at a future date shall respond constitute an act for purposes of initiation of this grievance procedure. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance.
Step 2: In the event satisfactory resolution is has not been achieved in Step l1, the grievant, within twenty (20) days of receipt of an the answer or of the date the answer is due if no answer is provided, shall forward the grievance form and form, written statement(s) why the resolution is not satisfactory, and any other documentation, documentation to the chief administrative officer or his/his or her designee. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance. If the a grievance affects unit members in more than one department, division or other appropriate unit on a campus, the UnionAssociation, within twenty (20) days following the act or omission giving rise to the grievance or the date on which the Union Association 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 written, signed grievance form referred to in Step 1. A grievance so presented shall be answered in writing within twenty (20) days of the receipt of the grievance.
Step 3: In the event satisfactory resolution has not been achieved in Steps 1 and Step 2, the UnionAssociation, 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 twenty (20) days of receipt of the grievance. Step 4: a) In the event a grievance is not satisfactorily resolved in Step 3 of the grievance procedure and the Union wishes to proceed to arbitration, it shall serve written notice to that effect. Notice shall be by certified mail directed to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date such answer is due, if no answer is provided. The parties shall meet within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five (5) days of the initial meeting, or if the ten day period lapses without a meeting being scheduled, the grievance may be referred to the American Arbitration Association for resolution by a single arbitrator in accordance with the procedures, rules and regulations of that Association.twenty
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Samples: Collective Bargaining Agreement
Formal Procedure. Step 1: In The grievance shall state the event satisfactory resolution is not achieved through informal discussionsspecific violation with proper reference to the contract agreement. It shall also set forth names, the grievantdates, and any other related facts which will provide a sound basis for a complete understanding of any such grievance and must be filed within twenty thirty (2030) days following of the act time the alleged violation either became known or omission giving rise should have become known 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 employee. Within ten (Appendix B). The Administrator shall respond in writing within twenty (2010) days of receipt of the a formal grievance.
Step 2: In the event satisfactory resolution is not achieved in Step l, the grievant, within twenty appropriate administrator will meet with the aggrieved employee. Within ten (2010) days of receipt of an answer or of following any such meeting, the date the answer is due if no answer is provided, administrator 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 give his/her designee. A grievance so presented shall be answered answer in writing within twenty (20) days of receipt of the grievancewriting. If the grievance affects unit members in more than one departmentis not settled at this level, 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 then it may be 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 twenty (20) days of receipt of the grievance. Step 4: a) In the event a grievance is not satisfactorily resolved in Step 3 of the grievance procedure and the Union wishes to proceed to arbitration, it shall serve written notice to that effect. Notice shall be by certified mail directed to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date such answer is due, if no answer is provided. The parties shall meet Level B within ten (10) days to select of the receipt of an arbitrator competent in matters concerning institutions of higher educationanswer given at this level. Should the parties be unable to agree upon an arbitrator within five Level B: Within ten (510) days of a grievance being referred to this level, the initial Superintendent will meet with the participants of Level A and examine the facts of the grievance. The Superintendent shall give his/her answer within ten (10) days of any such meeting. If the grievance is not settled at this level, or if then within ten (10) days from receipt of the ten day period lapses without a meeting being scheduledanswer rendered at this level, the grievance may be referred to Level C. If the grievance remains unsettled, then the grievance shall be referred to the School Board. Within ten (10) days of a grievance being referred to the School Board, the School Board will meet with the participants of Level B and examine the facts of the grievance. The School Board shall give its answer within ten (10) days of any such meeting. The School Board shall use its best efforts to examine the facts of the grievance, but it shall have no power or authority to do other than interpret and apply the provisions of this Agreement and it shall have no power or authority to add or subtract from, alter, or modify any of the said provisions. If the grievance remains unsettled, it may be referred to advisory arbitration. The parties shall apply to the American Arbitration Association for resolution by a single to name an arbitrator in accordance with under the procedures, rules and regulations procedures of the service. The Arbitrator shall use his/her best efforts to arbitrate the grievance, but he/she shall have no power or authority other than to interpret and apply the provisions of this agreement and he/she shall have no power to add or to subtract from, alter, or modify any of the said provisions. The Arbitrator's decision shall not be binding on either party, but shall be advisory only. The parties agree that Associationthe Arbitrator will be paid by the party that does not prevail in the decision.
A. Parties will seek agreement on the selection and appointment of an arbitrator. In the absence of such agreement the matter will be submitted to AAA.
Appears in 1 contract
Samples: Collective Bargaining Agreement