Common use of Formal Procedure Clause in Contracts

Formal Procedure. Except as is indicated in section 13.7 of this article, “Skipping Steps,” formal grievance must be filed at Step One within ten (10) days following the time at which the employee and/or the Union could have reasonably been aware of the existence of the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant and/or the Union Xxxxxxx. The supervisor will then arrange for a discussion with the employee and/or the xxxxxxx to be held within five (5) days after receiving the oral grievance. The supervisor will submit a written or oral answer to the grievant and/or xxxxxxx within three (3) days after the arranged discussion. STEP TWO: If the grievance is not resolved at Step One, then within seven (7) days of the receipt of the Step One answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days of receipt of the Step Two grievance, the Manager or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then within seven (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievance.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

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Formal Procedure. Except as (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in the Human Resources Office). Level One 12.3.1 If the grievant is indicated in section 13.7 not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known of this articlethe most recent condition upon which the grievance is based. This form shall require a clear, “Skipping Steps,” formal concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee. 12.3.2 Any grievance must be which is rejected due to an allegation that it has been untimely filed at Step One is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days following from the time at which the employee and/or the Union could have reasonably been aware grievant receives notice of the existence said rejection. The appeal shall be in written form and include a clear, concise statement of the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant and/or the Union Xxxxxxxappeal. The supervisor will then arrange for a discussion with Superintendent/President or designee shall communicate in writing the employee and/or the xxxxxxx to be held decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c). 12.3.3 Within ten (10) days after receiving the oral grievance, the immediate supervisor or designee shall meet with the grievant. The supervisor will submit a written or oral answer Within these ten (10) days, and prior to the conference, the grievant and/or xxxxxxx within three may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (32) days after notice in writing is given to the arranged discussionother party. 12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee. 12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. STEP TWO: Level Two 12.3.6 If the grievance is not resolved at Step Onethe formal conference, then the grievant may, within seven ten (710) days of the after receipt of the Step One answerimmediate supervisor’s or designee’s written response, submit an appeal on the grievant and/or appropriate form to the xxxxxxx will present the grievance in writing at Step Two, which shall be with the Department Manager Superintendent/President or designee. At this stage, the grievance shall include, at a minimum, a brief The statement of facts, the provision(s) appeal shall include a copy of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days of receipt of the Step Two original grievance, the Manager decision rendered by the immediate supervisor, and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee will hold a meeting may meet with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then within seven (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance communicate in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance decision to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more no later than one grievance.ten

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Procedure. Except A grievance shall be processed as is indicated follows: Step 1 Any grievant(s) who has/have a grievance shall submit it in section 13.7 of this articlewriting, “Skipping Steps,” formal with the remedy sought, to and discuss it with his/her immediate supervisor. A grievance must be filed at Step One within ten (10) days following shall set forth the time at facts and the specific contract provisions upon which the employee and/or complaint is based in sufficient detail to allow the Union could have reasonably been aware of the existence of the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant and/or the Union Xxxxxxxto respond thereto. The grievant(s)’ supervisor will then arrange for a discussion with the employee and/or the xxxxxxx to be held within five (5) days after receiving the oral grievance. The supervisor will submit a shall answer all written or oral answer to the grievant and/or xxxxxxx grievances in writing within three (3) days after the arranged discussionsuch presentation. STEP TWO: The grievant(s) may have his/her Association representative(s) present if he/she wishes. Step 2 If the grievance is not resolved at settled in Step One, then within seven (71 and the grievant(s) days of the receipt of the Step One answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which shall be with the Department Manager or designee. At this stagewishes to appeal, the grievance may be referred by him/her in writing to the superintendent (or to any other person designated by the Board) within ten (10) days after the answer in Step 1 and shall includebe signed by both the grievant(s) and the Association representative(s). The Superintendent or his designee shall discuss the grievance within three (3) days with the grievant(s) and the Association representative(s) at a time mutually agreeable to the parties. The Superintendent or his designee shall give his written answer to the Association and the grievant(s) within three (3) days following their meeting. Step 3 If the grievance is not settled in Step 2 and the Association desires to appeal, it shall be referred in writing by the Association to the Board within ten (10) days after the answer in Step 2. The Board shall, at a minimumits next meeting, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within at least five (5) days of after receipt of the Step Two grievanceappeal, discuss the Manager or designee will hold a meeting grievance with the grievant grievant(s) and their Union the Association representative(s). Appropriate University representatives may also participate in The Board shall give its written answer to the Association within ten (10) days after the Board meeting. . Step 4 If the grievance is not resolved at this meeting, then within seven (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter settled in accordance with the State Employees Labor Relations Act foregoing procedure, the Association (SELRAbut not the grievant) and its own rules and regulations. Each party shall bear may refer the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law grievance to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievance.within thirty

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Procedure. Except as Step 1 If a grievance is indicated not resolved under the informal procedure, the grievance shall be reduced in section 13.7 of this article, “Skipping Steps,” formal writing on the grievance must form and shall be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen (15) working days after the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is not filed within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at Step One within the time of filing. Within ten (10) days following the time at which the employee and/or the Union could have reasonably been aware workdays of receipt of the existence of written grievance, the situation which is immediate supervisor or Principal may meet with the basis for grievant or request additional written information in an effort to resolve the grievance. Failure The immediate supervisor or Principal shall indicate in writing to file the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, within five (5) work days of the Step 1 meeting. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. If the grievant is not satisfied with the disposition of the grievance in Step 1, or if no disposition has been made within the above stated time period limitations, the grievant shall preclude subsequent filing notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (5) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived and further action barred. Within ten (10) working days of his/her receipt of such written notice, the Superintendent shall meet with the grievant or may request additional information in an effort to resolve the grievance. STEP ONE: The grievance will be presented verbally or by e-mail Superintendent shall indicate in writing to the employee’s immediate supervisor by grievant on the grievant and/or grievance form his/her disposition of the Union Xxxxxxx. The supervisor will then arrange grievance and the reasons for a discussion with the employee and/or the xxxxxxx to be held said disposition within five (5) days after receiving the oral grievance. The supervisor will submit a written or oral answer to the grievant and/or xxxxxxx within three (3) days after the arranged discussion. STEP TWO: If the grievance is not resolved at Step One, then within seven (7) days of the receipt of the Step One answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which 2 meeting. Copies of this disposition shall be with forwarded to the Department Manager or designee. At this stageOAPSE Local #382 President, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days of receipt of the Step Two grievance, the Manager grievant’s immediate supervisor or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then within seven (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievancePrincipal.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Formal Procedure. Except as is indicated in section 13.7 of this article, “Skipping Steps,” formal grievance must be filed at Step One within ten Level 1. Within seven (107) days following the time at which the employee and/or the Union could have reasonably been aware of the existence receipt of a formal grievance, the situation which is the basis for the grievance. Failure to file within this time period building principal shall preclude subsequent filing of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant and/or the Union Xxxxxxx. The supervisor will then arrange for a discussion meet with the employee and/or the xxxxxxx to be held within aggrieved staff member. Within five (5) days after receiving following any such meeting, the oral grievanceprincipal shall give his/her answer in writing. The supervisor will submit a written or oral answer to the grievant and/or xxxxxxx within three (3) days after the arranged discussion. STEP TWO: If the grievance is not resolved settled at Step Onethis level, then it may be referred (in writing Appendix D) to Level 2 within seven (7) days of the receipt of the Step One answer, the grievant and/or the xxxxxxx will present the grievance in writing any answer given at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment soughtlevel. Level 2. Within five seven (57) days of receipt a grievance being referred to this level, the Superintendent will meet with the participants of Level 1 and examine the facts of the Step Two grievance, the Manager or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate The Superintendent shall give his/her answer (in the writing) within seven (7) days of any such meeting. If the grievance is not resolved settled at this meetinglevel, then within seven (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designeeseven Level 3. Within fourteen (14) days of receipt of the Step Three grievancea grievance being referred to this level, the Vice President or designee Board will hold a meeting hearing with the grievant participants and their Union representative(s)examine the facts of the grievance. Appropriate University representatives may also participate The hearing shall be in non-public session at the meetingrequest of the grievant. If the grievance is not resolved at this meeting, thenThe Board will thereafter, within fourteen (14) days of the meetingsuch hearing, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of recordgive its answer, in writing. STEP FOUR: If the grievance is still not resolved settled, the matter may be referred (in writing Appendix D) to arbitration by the Association as set forth in Level 4 of this procedure. Level 4. Within fourteen (14) days after the Board’s decision at Step ThreeXxxxx 0, the Association will notify the Superintendent whether or not the matter will be submitted to arbitration. If the matter is referred to arbitration, then the parties shall first attempt to agree on a mutually acceptable arbitrator. If they are unable to do so within thirty ten (3010) days of the receipt Association’s request for arbitration, then either party may apply to the American Arbitration Association or the Public Employee Labor Relations Board to name an arbitrator under the rules and procedures of the Step Three answerservice. The arbitrator shall use his/her best efforts to arbitrate the grievance, including matters of procedural and substantive arbitrability, but he/she shall have no power to add to or subtract from, alter, or modify any of the grievance may said provisions. The arbitrator shall thereafter submit a written decision to both parties. The arbitrator’s decision shall be filed with advisory to the Vermont Labor Relations Board. At this stage, The parties agree to share equally in the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) compensation and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions expenses of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievancearbitrator.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Procedure. Except as is indicated in section 13.7 of this article, “Skipping Steps,” formal No grievance must shall be filed at Step One recognized unless it shall have been presented within ten twenty (10) days following the time at which the employee and/or the Union could have reasonably been aware of the existence of the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant and/or the Union Xxxxxxx. The supervisor will then arrange for a discussion with the employee and/or the xxxxxxx to be held within five (5) days after receiving the oral grievance. The supervisor will submit a written or oral answer to the grievant and/or xxxxxxx within three (320) days after the arranged discussion. STEP TWO: If the grievance is not resolved at Step Oneaggrieved person knew, then within seven (7) days or reasonably should have known, of the receipt act or condition and its aggrieving nature that forms the basis of the Step One answergrievance. 16.4.1 LEVEL I – SCHOOL SITE ADMINISTRATOR (IMMEDIATE SUPERVISOR/MANAGER) 16.4.1.1 If not satisfied with the solution proposed in the informal procedure, the grievant and/or the xxxxxxx will present the employee may file a written grievance in writing at Step Two, on a form which shall be with provided by the Department Manager District. 16.4.1.2 The grievant must set forth the alleged violation, misapplication or designee. At this stagemisinterpretation of the Agreement, the grievance shall includespecific sections allegedly violated, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment proposed remedy sought. . 16.4.1.3 Within five (5) days of receipt of the Step Two written grievance the aggrieved, with or without a representative, shall meet with the immediate supervisor/manager or site administrator, who may have a representative present, in an attempt to settle the grievance. 16.4.1.4 The site administrator/immediate supervisor/ manager shall within ten (10) days of the Level I conference, render a decision, in writing, to the grievant, CSEA, and Human Resources. (1995-96) 16.4.2 LEVEL II – SUPERINTENDENT OR DESIGNEE 16.4.2.1 If the grievant is not satisfied with the disposition of the grievance at Level I, or if no decision has been rendered within fifteen (15) days after the presentation of the grievance in writing, the Manager grievant may forward the written grievance to the Superintendent within five (5) days after the response to the Level I grievance was presented, whichever is sooner. 16.4.2.2 Within ten (10) days after receipt of the written grievance by the Superintendent, the Superintendent or designee will hold shall meet with the aggrieved person and the representative (if desired) in an effort to resolve the matter. The Superintendent may have a representative at such meeting. 16.4.2.3 Within ten (10) days after meeting with the grievant, the Superintendent shall transmit a copy of the grievance and his/her proposed resolution of it to the grievant and their Union representative(s)the exclusive representative. Appropriate University representatives may also participate in the meeting. (2007-08) 16.4.3 LEVEL III – ARBITRATION 16.4.3.1 If the a grievance is not resolved at this meeting, then within seven (7) days of the meetingLevels I or II, the Manager or designee Union may request, in writing, a hearing before an arbitrator. The request shall forward an answer to be filed in the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then Human Resources Department within seven ten (710) working days of after receipt of the Step Two answer, written decision of the grievant and/or the xxxxxxx will present the grievance in writing Superintendent or designee at Step Three which shall be the appropriate Xxxx, divisional Vice President or designeeII. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their The Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they the right to determine which grievance(s) may have under law proceed to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievancearbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Procedure. Except The parties acknowledge that it is usually most desirable for an employee and his/her immediately involved supervisor to resolve problems through free and informal communication. The Board recognizes the right of the Association to designate its grievance committee and principal grievance representative. At least one grievance committee representative shall be present for any meetings, hearing, appeals, or other proceedings relating to a grievance, which has been formally presented. When requested by the aggrieved person, the grievance representative may intervene to assist in the resolution. However, should such informal processes fail to satisfy the Aggrieved person or the Association, it shall be stated in writing by the Aggrieved Person that it is unresolved and proceed to Step 1, then a grievance shall be processed as is indicated in section 13.7 of this article, “Skipping Steps,” formal follows: Step 1: A grievance must be filed at Step One within twenty (20) days following the date on which the action being grieved became known, or could reasonably be expected to have been known, to the grievant. The Aggrieved Person or the Grievance Committee of the Association shall present the Grievance in writing to the immediately involved supervisor, under the level of the Principal, who will arrange for a meeting to take place within ten (10) days following the time at which the employee and/or the Union could have reasonably been aware of the existence of the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing after receipt of the grievance. STEP ONE: The grievance will Aggrieved Person, the Association representative, and the Immediately-Involved Supervisor shall be presented verbally or by e-mail to present for the employee’s immediate supervisor by the grievant and/or the Union Xxxxxxxmeeting. The supervisor will then arrange for a discussion Immediately Involved Supervisor must provide the Aggrieved Person and the Association with the employee and/or the xxxxxxx to be held within five (5) days after receiving the oral grievance. The supervisor will submit a written or oral answer to on the grievant and/or xxxxxxx Grievance within three six (36) days after the arranged discussionmeeting. STEP TWOSuch answer shall include reasons upon which the decision was based. The filing of the Grievance at this step shall occur within ten (10) days after failure to reach agreement under Section 5.3 above. Should the Immediately-Involved Supervisor be the Principal, Step 1 shall be omitted. Step 2: If the grievance is not resolved at Step One1, then the Grievance Committee shall refer the Grievance to the Principal within seven six (76) days of the after receipt of the Step One answer1 answer or within ten (10) days after the Step 1 meeting, whichever is the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which latter. The Principal shall be arrange for a meeting with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) representative of the Agreement alleged Association's Grievance Committee to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five take place within ten (510) days of his/her receipt of the appeal. Each party shall have the right to include in its representation such witnesses and advisors, as it deems necessary to develop the facts pertinent to the Grievance. Upon conclusion of the hearing the principal will have six (6) days in which to provide his/her written decision to the Association. Step 3: If the Grievance is not resolved in Step 1 or Step 2 as applicable, then the Grievance Committee shall refer the grievance to the Superintendent within six (6) days after receipt of the Step Two grievance1 or Step 2 answer as applicable, or within ten (10) days after the Manager Step 1 or designee will hold Step 2 meeting, as applicable, whichever is the latter. The Superintendent shall arrange for a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in representative of the meeting. If the grievance is not resolved at this meeting, then Association's Grievance Committee to take place within seven ten (710) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of his/her receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulationsappeal. Each party shall bear have the expense of preparing right to include in its representation such witnesses and presenting its own caseadvisors as it deems necessary to develop facts pertinent to the Grievance. Both sides shall retain whatever rights they may have under law to challenge the decisions Upon conclusion of the VLRB. Unless otherwise mutually agreed uponhearing, each arbitration hearing shall deal with not more than one grievancethe Superintendent will have six (6) days in which to provide his/her written decision to the Association.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Procedure. Except a. Level One - If the grievant is not satisfied with the outcome of the informal procedures, a claim as is indicated in section 13.7 of this article, “Skipping Steps,” a formal grievance must be in writing (using Form A) to the principal and to the S.E.A. Professional Rights and Responsibilities Committee (PR&R), chairperson. If the grievance is not filed at Step One within ten 30 days of its occurrence, it will no longer exist. 1) Not later than three (103) days following after a grievance is filed, the principal will notify the grievant and the S.E.A. PR&R committee chairperson of the time at which the employee and/or the Union could have reasonably been aware and location of the existence meeting, which date shall not be later than five (5) days after the date of notification. At that meeting, which shall be before the principal and designee, the grievant shall be present and an Association representative may be present if the grievant so requests. 2) Not later than three (3) days after the conclusion of the situation which is meeting, the basis for principal shall submit a disposition in writing (using Form B) to the grievance. Failure grievant and a copy shall be given to file within this time period shall preclude subsequent filing the chairperson of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by S.E.A. PR&R committee. b. Level Two - If the grievant and/or is not satisfied with the Union Xxxxxxxdisposition of the grievance at Level One, he/she may file a written grievance (using Form A) with the chairperson of the S.E.A. PR&R committee within five (5) days. The supervisor will then arrange for a discussion with the employee and/or the xxxxxxx to be held S.E.A. PR&R committee shall within five (5) days after receiving receipt, review the oral grievancegrievance and the administrator’s reply and if it desires, refer the matter in writing (using Form B) to the superintendent or his/her authorized representative. 1) Not later than three (3) days after receipt of such a request, the grievant and PR&R committee chairperson will be notified of the time and place of the meeting, which date shall not be later than five (5) days after the notification. The supervisor will submit a written or oral answer to meeting shall include the grievant superintendent and/or xxxxxxx two (2) others as the superintendent shall designate, the grievant, and three (3) representatives of the S.E.A. PR&R committee. 2) The superintendent and designees shall within three (3) days after the arranged discussion. STEP TWO: hearing render their decision and the reasons therefore in writing (using Form B) to the grievant with copies to the principal and the PR&R committee chairperson. c. Level Three - If the grievance grievant is not resolved at Step One, then within seven (7) days satisfied with the disposition of the receipt of the Step One answergrievance Level Two, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within may within five (5) days request in writing (using Form A) to the chairperson of the S.E.A. PR&R committee that the grievance be submitted to the Solon Board of Education. 1) The PR&R committee shall within five (5) days after receipt, review the grievance and the superintendent’s response, and if it desires, refer the matter in writing (using Form B) to the President of the Board of Education with copies to all parties in interest. 2) Not later than three (3) days after receipt of the Step Two grievancesuch a request, the Manager or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If S.E.A. PR&R chairperson will be notified of the grievance is not resolved at this meeting, then within seven (7) days time and location of the meeting, which date shall not be later than ten (10) days after the Manager date of notification. The meeting shall include the Solon Board or designee a committee of the Board consisting of at least three (3) members, the grievant, and three (3) representatives of the S.E.A. PR&R committee. The administration or designees may be included. 3) The Board shall forward an answer within three (3) days following the above meeting render its decision and the reasons therefore in writing (using Form B) to all parties in interest. d. Level Four - In the event a grievance is unresolved after being processed through all steps of the Grievance Procedure, unless mutually waived, then within ten (10) days after the rendering of the decision at Step 3, the grievant may submit the grievance to arbitration. Within this ten (10) day period, the grievant, with a copy parties will meet to the union xxxxxxx of recordattempt to mutually agree upon an arbitrator. STEP THREE: If the grievance such agreement is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answerreached, the grievant and/or parties will promptly request the xxxxxxx American Arbitration Association to submit a panel of arbitrators and will present choose one by the grievance in writing alternative strike method. 1) The following sections of this Agreement are not grievable at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14Level Four: a) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14Awarding Contracts b) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30Student Discipline c) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRAEducational Improvement d) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievance.Tutoring

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Procedure. Except as (see Appendices GI1, GI2, GI3 and GI4 for approved forms available in the Human Resources Office). Level One 12.3.1 If the grievant is indicated in section 13.7 not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known of this articlethe most recent condition upon which the grievance is based. This form shall require a clear, “Skipping Steps,” formal concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the Chair of the Faculty Association Professional Rights and Contractual Grievance Committee. 12.3.2 Any grievance must be which is rejected due to an allegation that it has been untimely filed at Step One is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days following from the time at which the employee and/or the Union could have reasonably been aware grievant receives notice of the existence said rejection. The appeal shall be in written form and include a clear, concise statement of the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant and/or the Union Xxxxxxxappeal. The supervisor will then arrange for a discussion with Superintendent/President or designee shall communicate in writing the employee and/or the xxxxxxx to be held decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The nonIprevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c). 12.3.3 Within ten (10) days after receiving the oral grievance, the immediate supervisor or designee shall meet with the grievant. The supervisor will submit a written or oral answer Within these ten (10) days, and prior to the conference, the grievant and/or xxxxxxx within three may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (32) days after notice in writing is given to the arranged discussionother party. 12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the Chair of the Faculty Association Professional Rights and Contractual Grievance Committee, and the ViceI President, Human Resources or designee. 12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it nonIprecedent setting by filing written notice with the other party or designee. STEP TWO: Level Two 12.3.6 If the grievance is not resolved at Step One, then within seven (7) days of the receipt of the Step One answerformal conference, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days of receipt of the Step Two grievance, the Manager or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then within seven (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, thenmay, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievance.ten

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Procedure. Except as a. Level One (1) If the aggrieved person is indicated in section 13.7 not satisfied with the disposition of this articlethe grievance through the informal procedure, “Skipping Steps,” formal he may submit a written grievance must be filed at Step One to his supervisor and the superintendent within ten (10) days following after disposition at the informal level. (2) Within ten (10) days after receipt of the written grievance, the Superintendent shall provide the employee with a formal, written response to the grievance. (3) If the Superintendent does not respond within the time limits, or the grievant is not satisfied with the disposition of said grievance, the grievant may appeal to the Board. (4) Within the above time limits, either party may request a personal conference to discuss the grievance further. Either the grievant or the immediate supervisor may have a representative present at which such a conference. b. Level Two If the employee and/or aggrieved person is not satisfied with the Union could have reasonably been aware decision rendered under level one, within ten (10) days after receipt of the existence Superintendent’s written decision, he may request that the Association submit the grievance to mediation with a mediator designated by the State Mediation and Conciliation Service. In the event this level does not resolve the grievance, any proposed remedies submitted by either party or the mediator may not be used or referred to if the grievance is taken to Level Three, Arbitration. c. Level Three If the aggrieved person is not satisfied with the disposition of his grievance at Level One, or Two, he may, within ten (10) days after disposition or failure to respond by the Board, or its designee, request in writing that the Association submit his grievance to arbitration. The Association, by written notice to the Superintendent, within fifteen (15) days after receipt of the situation which is request from the basis for aggrieved person, may submit the grievance. Failure grievance to file within this time period shall preclude subsequent filing binding arbitration. (1) If any question arises as to the arbitrability of the grievance. STEP ONE: The grievance , such question will be presented verbally or by e-mail to the employee’s immediate supervisor ruled upon by the grievant and/or arbitrator only after he has had an opportunity to hear the Union Xxxxxxxmerits of the grievance. (2) The parties shall select a mutually acceptable arbitrator. The supervisor will then arrange for Should they be unable to agree on an arbitrator within twenty (20) days of the Association’s submission of the grievance to arbitration, the parties shall request the California State Conciliation Service to supply a discussion with the employee and/or the xxxxxxx to be held within panel of five (5) days after receiving the oral grievance. The supervisor will submit a written or oral answer to the grievant and/or xxxxxxx within three (3) days after the arranged discussion. STEP TWO: If the grievance is not resolved at Step One, then within seven (7) days names of the receipt of the Step One answer, the grievant and/or the xxxxxxx will present the grievance persons experienced in writing at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days of receipt of the Step Two grievance, the Manager or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate hearing grievances in the meeting. If the grievance is not resolved at this meeting, then within seven (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulationspublic schools. Each party shall bear alternately strike a name until only one name remains. The remaining panel member shall be the expense arbitrator. The order of preparing striking shall be determined by lot. (3) The arbitrator’s decision will be in writing and presenting its own casewill set forth his findings of fact, reasoning and conclusion on the issue submitted. Both sides shall retain whatever rights they may have under The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law to challenge the decisions or which is violative of the VLRBterms of this agreement. Unless otherwise mutually However, it is agreed uponthat the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be proper. The decision of the arbitrator will be final and binding upon the parties of this agreement. (4) All costs for the services of the arbitrator, each arbitration including, but not limited to, per diem expenses, his travel and subsistence expenses and the cost of any hearing shall deal with not more than one grievanceroom will be borne equally by the board and the Association. All other costs will be borne by the party incurring them.

Appears in 1 contract

Samples: Certificated Employees’ Master Contract

Formal Procedure. Except as (see Appendices G-1, G-2, G-3 and G-4 for approved forms available in the Human Resources Office). Level One 12.3.1 If the grievant is indicated in section 13.7 not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known of this articlethe most recent condition upon which the grievance is based. This form shall require a clear, “Skipping Steps,” formal concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the Chair of the Faculty Association Professional Rights and Contractual Grievance Committee. 12.3.2 Any grievance must be which is rejected due to an allegation that it has been untimely filed at Step One is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days following from the time at which the employee and/or the Union could have reasonably been aware grievant receives notice of the existence said rejection. The appeal shall be in written form and include a clear, concise statement of the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant and/or the Union Xxxxxxxappeal. The supervisor will then arrange for a discussion with Superintendent/President or designee shall communicate in writing the employee and/or the xxxxxxx to be held decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c). 12.3.3 Within ten (10) days after receiving the oral grievance, the immediate supervisor or designee shall meet with the grievant. The supervisor will submit a written or oral answer Within these ten (10) days, and prior to the conference, the grievant and/or xxxxxxx within three may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (32) days after notice in writing is given to the arranged discussionother party. 12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the Chair of the Faculty Association Professional Rights and Contractual Grievance Committee, and the Vice-President, Human Resources or designee. 12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. STEP TWO: Level Two 12.3.6 If the grievance is not resolved at Step One, then within seven (7) days of the receipt of the Step One answerformal conference, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days of receipt of the Step Two grievance, the Manager or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then within seven (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, thenmay, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievance.ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. Except as A. If the grievant is indicated not satisfied with the discussion in section 13.7 of this articlethe Informal Procedure, “Skipping Steps,” formal he/she shall submit a written grievance must be filed at Step One (See Appendix Item 1 - Grievance Report Form) to his/her building Principal within ten five (105) days following the time at which the employee and/or the Union could have reasonably been aware of the existence of the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant and/or the Union XxxxxxxInformal Procedure. The supervisor will then arrange for a discussion with written grievance shall cite the employee and/or the xxxxxxx specific articles, sections, and paragraphs alleged to be held violated, and will also state the specific remedy sought. B. The building Principal shall schedule and hold a meeting within five (5) days after receiving receipt of the oral written grievance. Present at this meeting shall include the xxxxxxxx(s), and if the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing. C. The supervisor building Principal will submit a written or oral answer transmit his/her decision in writing with reasons upon which the decision was based, to the grievant and/or xxxxxxx within three five (35) days after the arranged discussion. STEP TWO: meeting was held. A. If the grievance grievant is not resolved satisfied with the disposition of the grievance at Step OneI or if no decision has been rendered within five (5) days after presentation of the grievance, then the grievance may be referred to the Superintendent or his/her designee in his/her absence. The request for Step II appeal shall be accompanied by the grievance, Principal’s decision, and reasons for the request. B. The Superintendent shall arrange for a meeting to take place within seven five (75) days of the receipt of the Step One answerappeal. C. Upon conclusion of the meeting, the Superintendent will provide his/her written decision to the grievant, Association, and building Principal if involved within five (5) days. Such written decisions shall include reasons upon which the decision was based. D. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance. A. If the grievant and/or is not satisfied with the xxxxxxx will present the disposition of his/her grievance in writing at Step TwoII, which shall be he or she may file an appeal with the Department Manager or designee. At board of education in writing, using the official form which is part of this stageprocedure, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within within five (5) days of receipt of the Step Two grievance, II response. B. The board will hear the Manager appeal at its next regularly scheduled meeting or designee will hold a special board meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then which has been called within seven forty-five (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (3045) days of the receipt of the Step Three answerappeal. C. At the conclusion of the hearing, the grievance may be filed with Board shall render its decision by vote of the Vermont Labor Relations Board. At this stagemembers present and shall transmit its decision in writing to the grievant, the Labor Board will process building Principal, if involved, the matter in accordance with Superintendent, and the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievanceAssociation.

Appears in 1 contract

Samples: Teacher Negotiated Agreement

Formal Procedure. Except as 8.3.1 If the grievant is indicated not satisfied with the disposition of the grievance at Level 1, the grievant may file the grievance in section 13.7 of this article, “Skipping Steps,” formal grievance must be filed at Step One writing on the District provided form to the Superintendent or his/her designee within ten (10) days following after the time written decision at which the employee and/or the Union could have reasonably been aware Level I. 8.3.2 Within ten (10) days after receipt of the existence of written grievance by the situation which is Superintendent or his/her designee, the basis for Superintendent or his/her designee will meet with the aggrieved person, and the Association if the grievant so requests, in an effort to resolve the grievance. Failure The Superintendent or his/her designee shall put the proposed resolution to file the grievance in writing within this time period ten (10) days after the grievance meeting. 8.3.3 If the grievant is not satisfied with the decision at Level II, the employee may within ten (10) days submit a request in writing to the Superintendent for resolution of the grievance by a Grievance Resolution Committee which shall preclude subsequent filing be composed of no more than three (3) employee representatives from the Association and three (3) employee representatives from the District. 8.3.4 As soon as possible and in any event not later than ten (10) working days after the Superintendent receives the written notice from the grievant, the Grievance Resolution Committee shall agree upon a neutral third party facilitator/mediator to be chosen from the California State Mediation/Conciliation Service, CFIRE, Pacific Network, or from any other mutually agreeable recognized dispute resolution center to assist the parties in the resolution of the grievance. STEP ONE: If no agreement is reached in the said ten (10) days, each party shall alternately strike a name from the list until only one name remains. The grievance will one remaining name shall be presented verbally or the neutral third party facilitator/mediator. The fees and expenses (if any) of the neutral shall be borne by e-mail the party who submitted the neutral's name to the employee’s immediate supervisor list. Fees and expenses of the hearing shall be borne equally by the grievant and/or Association and the Union XxxxxxxDistrict. 8.3.5 The neutral third party selected shall facilitate/mediate the Grievance Resolution Committee with the intent of assisting the Committee to reach consensus on a solution for resolving the grievance. Meetings of the Grievance Resolution Committee are to be conducted with the purpose of exploring the parties' mutual and varied interests, creating options for resolution, and selection of the option(s) that best meet the interests of the parties in resolving the grievance. It is not the function of the Committee to determine rights, hear evidence or assess violations of the contract. If consensus is reached, such resolution shall be reduced to writing, signed by the Committee members and shall constitute a final and binding decision on the parties. If the Committee does not reach consensus, the neutral shall have fifteen (15) days in which to attempt to achieve consensus of the Committee. If consensus is not reached within the fifteen (15) days then the concurrence of the majority of the committee shall be reduced to writing and shall constitute a final and binding decision of the parties. If after the fifteen (15) days a majority does not exist the parties shall submit the grievance for binding arbitration. The supervisor will then arrange for neutral third party shall continue or proceed as a discussion mediator/arbitrator and may meet with the employee and/or Grievance Resolution Committee members jointly or separately take steps as she/he may deem appropriate in order to secure the xxxxxxx parties to resolve the grievance and affect a mutually acceptable agreement. 8.3.6 If after 15 days a resolution has not been achieved, the neutral party shall offer a proposed resolution, if any three members of the Grievance Resolution Committee concur with the proposed resolution such proposed resolution shall be held within five (5) days after receiving reduced to writing, and shall be signed by the oral grievanceneutral and the three concurring members and shall constitute a final and binding decision on all the parties. The supervisor will submit a written or oral answer to the grievant and/or xxxxxxx within If three (3) members do not concur then the arbitrator shall submit a written decision within fifteen (15) days after to all parties and shall set forth his/her findings of fact, reasoning, and conclusions. The decision of the arranged discussion. STEP TWO: If arbitrator shall constitute a final resolution of the grievance and shall be binding on all parties. 8.3.7 In disputed cases regarding whether or not a grievance is not resolved at Step Onewithin the scope of these proceedings, then within seven (7) days the arbitrator shall rule on the arbitrability of the receipt issue. The arbitrator shall have no power to add to, subtract from or modify the terms of this Agreement. Issues arising from the Step One answerBoard and Administration excising its responsibility referred to in Article II Employer Rights, including the grievant and/or the xxxxxxx will present the grievance in writing at Step Twofacts underlying its exercise of such discretion, which shall not be with the Department Manager or designee. At subject to this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days of receipt of the Step Two grievance, the Manager or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then within seven (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievanceprocedure.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. Except as 4.4.1 Level II – In the event that the grievant is indicated not satisfied with the decision at Level I, the grievant must present such grievance in section 13.7 writing to the Immediate Supervisor within 10 days, or the grievance is waived. This shall contain a clear and concise statement of this articlethe grievance, “Skipping Steps,” formal grievance must be filed the circumstances involved, the decision rendered at Step One the informal conference, and the specific remedy sought. The Immediate Supervisor shall communicate a decision to the employee in writing within ten (10) days following the time at which the employee and/or the Union could have reasonably been aware of the existence of the situation which is the basis for after receiving the grievance. Failure If the Immediate Administrator does not respond within the time limits, the grievant may appeal to file within this the next level. Within the foregoing time period shall preclude subsequent filing of limits, either party may request a personal conference to discuss the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by Either the grievant and/or or the Union Xxxxxxx. The supervisor will then arrange for Immediate Supervisor may have a discussion conferee present at such a conference. 4.4.2 Level III - In the event the grievant is not satisfied with the employee and/or the xxxxxxx to be held within five (5) days after receiving the oral grievance. The supervisor will submit a written or oral answer to the grievant and/or xxxxxxx within three (3) days after the arranged discussion. STEP TWO: If the grievance is not resolved decision at Step One, then within seven (7) days of the receipt of the Step One answerLevel II, the grievant and/or may appeal the xxxxxxx will present decision to the grievance in writing at Step TwoAssistant Superintendent, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five Human Resources within ten (510) days of receipt of the Step Two decision. This written appeal statement shall include a copy of the original grievance, the Manager or designee will hold decision rendered at previous levels, and a meeting with clear, concise statement of the grievant and their Union representative(s)reasons for the appeal. Appropriate University representatives may also participate in A personal conference shall be held within the meeting. If time limits to discuss the grievance is not resolved unless the parties mutually agree to waive this requirement. Either party may have a conferee present at this meetingsuch conference. “The Assistant Superintendent, then Human Resources shall communicate a written decision within seven ten (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (710) days of receipt of the Step Two answerappeal.” If the Assistant Superintendent, Human Resources does not respond within the time limits, the grievant and/or may appeal to the xxxxxxx will present next level. 4.4.3 Level IV - If the grievance in writing grievant is not satisfied with the decision at Step Three which shall be Level III, the appropriate Xxxxemployee may, divisional Vice President or designee. Within fourteen within ten (1410) days of receipt of the Step Three decision, appeal the decision to the Superintendent. This written appeal statement shall include a copy of the original grievance, the Vice President or designee will hold appeals, the decision rendered at the appeal. The Superintendent shall communicate a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, written decision within fourteen ten (1410) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answerappeal. Either the grievant or the Superintendent may request a personal conference within the foregoing time limits to discuss the grievance. Such personal conference shall be held regarding appeals of discipline pursuant to Article VII. 4.4.4 Level V - Grievances which have not been resolved at Level IV, which the Association desires to contest further, and which involve an express violation of a specific provision of this Agreement as provided above, may be submitted to Arbitration provided the Association gives written notice to the District of its intent to arbitrate within ten (10) working days after the decision rendered at Level IV. The provisions of the following articles shall not be subject to arbitration: Article I, Recognition; Article II, No Discrimination (except to the extent that a claim of discrimination arises as part of an arbitration pursuant to Article VII - Disciplinary Action); Article III, Employer Rights and District Powers; Article V, Section 5.2 (except to the extent noted therein); Article XVII, Xxxxxx; and Article XVIII, Reclassification (except to the extent noted therein). Within ten (10) working days after sending the District such written notice of intent to arbitrate, the grievance may Association shall request a list of qualified arbitrators from the State Mediation and Conciliation Service, and the arbitrator shall be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter selected in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulationsprocedures of the State Mediation and Conciliation Service. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement. He shall only find whether there has been a violation of the express terms of this Agreement and what, if any, remedy is awarded for that violation of this Agreement in the respect alleged in the grievance. The findings of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other, except to the extent that post-hearing briefs are filed. Such post-hearing briefs, if any, shall be based solely upon the evidence presented by the respective parties in the presence of each other. This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall, therefore, not have authority, nor shall he consider it his function, to decide any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of this Agreement may be relevant evidence, but shall not be used so as to justify, or result in what is in effect a modification (whether by addition or by detraction) of the written terms of this Agreement. The arbitrator shall not make any decision or award, or fail to make any decision or award, merely because in his opinion such decision or award is fair or equitable. No findings by the arbitrator shall be retroactive beyond the beginning of the fifteen (15) day period specified in Level II of the grievance procedure set forth in Article 4.4.1 or the occurrence of the grievance, whichever is the most recent. The arbitrator shall have no power to grant an award on any grievance based on facts or actions which occurred before or after the term of this Agreement. The findings of the arbitrator which are within the limits herein prescribed shall be final and binding on all parties. Fifty percent of all expenses of the arbitration to be paid by each party. Each party shall bear the expense of preparing and presenting its the presentation of his own case. Both sides The arbitrator may hear and determine only one grievance at a time unless the parties expressly agree otherwise. All documents, communications and records dealing with the processing of a grievance shall retain whatever rights they may have under law to challenge be filed in a separate file and shall not be kept in the decisions personnel file of any of the VLRBparticipants. Unless otherwise mutually agreed uponUpon request, each arbitration hearing the names of all participants in a given grievance shall deal with not more than be removed from all documents after one year from the date of the final resolution of the grievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. Except as If resolution is indicated not reached in section 13.7 the Informal Procedure, an RN who wishes to pursue a grievance will follow the following procedure: 22.4.1 Step One: The RN may submit a written grievance to the Medical Center's Human Resources department within 21 days from the date when the RN should have known of the occurrence on which the grievance is based, whether or not the RN has utilized the Informal Procedure under 22.3. 22.4.1.1 The written grievance will describe the alleged breach of this articleAgreement, “Skipping Steps,” formal grievance must be filed at Step One within ten (10) days following the time at which the employee and/or the Union could have reasonably been aware date of the existence of alleged breach, and the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: Agreement section(s) involved. 22.4.1.2 The grievance will be presented verbally or by e-mail referred to the employee’s RN's immediate supervisor by supervisor, who will review the grievant and/or matter and answer the Union Xxxxxxxgrievance in writing. The supervisor answer will then arrange for a discussion with the employee and/or the xxxxxxx to be held within five (5) days after receiving the oral grievance. The supervisor will submit a written or oral answer sent to the grievant and/or xxxxxxx within three (3) days after RN and a copy will be emailed to the arranged discussion. STEP TWObargaining unit RN designated by the 22.4.2 Step Two: If the grievance is was submitted as provided above and not resolved to the RN's satisfaction at Step One, then within seven (7) days of the receipt of the Step One answer, the grievant and/or the xxxxxxx will RN may present the grievance in writing to the RN's department director within 14 days following the date the answer was sent at Step Two, which shall be One. 22.4.2.1 The department director or his/her designee will then meet to discuss the grievance with the Department Manager or designee. At this stage, grieving RN and another RN designated by the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) Association within 14 days of receipt of the Step Two grievancepresentation, and will respond in writing to the Manager or designee RN and the RN designated by the Association to receive grievance responses at this level of the procedure. The response will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If be sent promptly after review of the grievance is not resolved at this meetingby the department director or designee, then within seven (7) but no later than 14 days of after the meetingmeeting or, the Manager or designee shall forward an answer to the grievance to the grievantif no meeting has been held, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) 21 days of after receipt of the Step Two answerpresentation. 22.4.3 Step Three: If the grievance was submitted as provided above and not resolved to the RN's satisfaction at Step Two, the grievant and/or grieving RN may make a written request to the xxxxxxx will present Vice President of the grievance in writing RN's division for review of the grievance, within 14 days following the date of the response at Step Three which shall be the appropriate Xxxx, divisional Two. 22.4.3.1 The Vice President or designee. Within fourteen (14) his/her designee will then meet to discuss the grievance with the grieving RN and a representative of the Association within 14 days of receipt of the Step Three grievance, the written request. The Vice President or designee will hold a meeting with respond in writing to the grievant RN and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days Association promptly after review of the meetinggrievance, but no later than 14 days after the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Threemeeting or, then within thirty (30) if no meeting has been held, 21 days of the after receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievancewritten request.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. Except The parties acknowledge that it is usually most desirable for an employee and his/her immediately involved supervisor to resolve problems through free and informal communication. The Board recognizes the right of the Association to designate its grievance committee and principal grievance representative. A grievance committee representative shall be present for any meetings, hearing, appeals, or other proceedings relating to a grievance, which has been formally presented. When requested by the aggrieved person, the grievance representative may intervene to assist in the resolution. However, should such informal processes fail to satisfy the Aggrieved person or the Association, it shall be stated in writing by the Aggrieved Person that it is unresolved and proceed to Step 1, then a grievance shall be processed as is indicated in section 13.7 of this article, “Skipping Steps,” formal follows: Step 1: A grievance must be filed at Step One within ten twenty-eight (1028) days following the time at date on which the employee and/or action being grieved became known, or could reasonably be expected to have been known, to the Union could have reasonably been aware grievant. The Aggrieved Person or the Grievance Committee of the existence of Association shall present the situation which is Grievance in writing to the basis Immediately- Involved Supervisor who will arrange for the grievance. Failure a meeting to file take place within this time period shall preclude subsequent filing fourteen (14) days after receipt of the grievance. STEP ONE: The grievance will Aggrieved Person, the Association representative, and the Immediately-Involved Supervisor shall be presented verbally or by e-mail to present for the employee’s immediate supervisor by the grievant and/or the Union Xxxxxxxmeeting. The supervisor will then arrange for a discussion Immediately Involved Supervisor must provide the Aggrieved Person and the Association with the employee and/or the xxxxxxx to be held within five (5) days after receiving the oral grievance. The supervisor will submit a written or oral answer to on the grievant and/or xxxxxxx Grievance within three fourteen (314) days after the arranged discussionmeeting. STEP TWOSuch answer shall include reasons upon which the decision was based. In the event that no written answer is provided within fourteen (14) days after the Step 1 meeting, the grievance shall be considered appealed to the next step. The filing of the Grievance at this step shall occur within fourteen (14) days after failure to reach agreement under Section 10.3 above. Step 2: If the grievance is not resolved at Step One1, then the Grievance Committee shall refer the Grievance to the Immediately-Involved Supervisor’s Supervisor (e.g. for the Maintenance Supervisor, this would be the Director of Business Services; for a Special Education Coordinator, this would be the Director of Special Education; etc.) within seven fourteen (714) days of the after receipt of the Step One 1 answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which . The Immediately-Involved Supervisor’s Supervisor shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days of receipt of the Step Two grievance, the Manager or designee will hold arrange for a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then within seven (7) days representative of the meeting, the Manager or designee shall forward an answer Association's Grievance Committee to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then take place within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of his/her receipt of the Step Three grievanceappeal, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meetingexpiration of the time limit for the Step 1 written answer if no such answer is provided, whichever is later. Each party shall have the Vice President right to include in its representation such witnesses and advisors, as it deems necessary to develop the facts pertinent to the Grievance. Upon conclusion of the hearing the Immediately-Involved Supervisor’s Supervisor will have fourteen (14) days in which to provide his/her written decision to the Association. In the event that no written decision is provided within fourteen Step 3: If the Grievance is not resolved in Step 1 or designee Step 2 as applicable, then the Grievance Committee shall forward an answer to refer the grievance to the grievant Superintendent within fourteen (14) days after receipt of the Step 1 or Step 2 answer as applicable. The Superintendent shall arrange for a meeting with a copy the representative of the Association's Grievance Committee to take place within fourteen (14) days of his/her receipt of the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Threeappeal, then or within thirty fourteen (3014) days of the receipt expiration of the time limit for the Step Three answer2 written answer if no such answer is provided, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulationswhichever is later. Each party shall bear have the expense of preparing right to include in its representation such witnesses and presenting its own caseadvisors as it deems necessary to develop facts pertinent to the Grievance. Both sides shall retain whatever rights they may have under law to challenge the decisions Upon conclusion of the VLRB. Unless otherwise mutually agreed uponhearing, each arbitration hearing shall deal with not more than one grievancethe Superintendent will have fourteen (14) days in which to provide his/her written decision to the Association.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. Except as is indicated in section 13.7 of this article, “Skipping Steps,” formal grievance must be filed at Step One within ten (10) days following the time at which the employee and/or the Union could have reasonably been aware of the existence of the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant and/or the Union Xxxxxxx. The supervisor will then arrange for a discussion with the employee and/or the xxxxxxx to be held within five (5) days after receiving the oral grievance. The supervisor will submit a written or oral answer to the grievant and/or xxxxxxx within three (3) days after the arranged discussion. STEP TWO: If the grievance is not resolved at Step Onethe informal meeting, then the employee and/or his or her representative may submit the grievance, in writing on the approved grievance form, to the appropriate Xxxx or Director or his/her designee. The Xxxx or Director or designee will, within seven five (75) working days of the receipt of the Step One answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days of receipt of the Step Two grievance, the Manager or designee will hold schedule a meeting with the grievant job xxxxxxx and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then within seven (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting along with the grievant and their Union representative(s)Executive Director of Human Resources to attempt to resolve the grievance. Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, The meeting will occur within fourteen fifteen (1415) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) working days of the receipt of the Step Three answergrievance. The Xxxx or Director or designee will render a written answer within ten (10) working days of the meeting. The answer will include the reasons for the decision. A copy of the written answer in a disciplinary grievance shall be provided to the appropriate Vice President(s). In the event the Xxxx or Director or designee’s answer is not satisfactory to the grievant, the grievance may be filed appealed to the Step 2 of this grievance procedure. Such appeal must be submitted in writing within five (5) working days of the Union’s receipt of the first step answer. Time limits can be extended for good cause and with the Vermont Labor Relations Boardwritten consent of the parties. At this stageStep II. Intermediate Decision The Vice-President will make every effort to resolve the grievance. The Vice-President will, within five (5) working days of the receipt of the grievance, hold a meeting with the grievant, the Labor Board will process Union representative and the matter Executive Director of Human Resources to attempt to resolve the grievance. The Vice-President shall, within ten (10) working days of the second step meeting, render a decision in accordance writing containing the reason(s) for the decision. Time limits can be extended for good cause and with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions written consent of the VLRBparties. Unless otherwise mutually agreed uponIf the decision is not deemed acceptable, each arbitration hearing shall deal with not more than one grievancethe grievance may be appealed to Step 3 of this grievance procedure. Such appeal must be submitted in writing within five (5) working days of the Union’s receipt of the second step answer.

Appears in 1 contract

Samples: Memorandum of Understanding

Formal Procedure. Except FOR PROCESSING GRIEVANCES 7.4.1 The grievant shall have the right to be represented at all stages of the grievance procedure by any representative of his choice; however, if the Union is not chosen as the representative of an individual grievant, the Union shall have the right to have a representative present at each step of the grievance procedure and this representative may participate to the extent of presenting the position or interpretation of the Union. 7.4.2 The administrator making the decision shall send a copy of the decision to the Union on the same day that the decision is indicated in section 13.7 sent to the grievant. The Union may appeal any decision(s) which violates any term of this article, “Skipping Steps,” formal grievance must contract. 7.4.3 All grievances shall be filed at Step One within ten (10) days following in writing on an approved form. The grievant shall state the time at which the employee and/or the Union could have reasonably been aware nature of the existence of grievance, the situation which is contract provision(s) affected, the basis for relief sought, and shall date and sign the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The grievance will shall be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant and/or the Union Xxxxxxx. The supervisor will then arrange for a discussion in accordance with the employee and/or the xxxxxxx to be held within five (5) days after receiving the oral grievancegrievance procedure set forth below. The supervisor will submit a written or oral answer to the grievant and/or xxxxxxx within three (3) days after the arranged discussion. STEP TWO: If the grievance is not resolved at Step One, then within seven (7) days of the receipt of the Step One answerIn each instance, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days acknowledgment of receipt of the Step Two grievance, grievance shall be made by the Manager or designee will hold appropriate administrator involved by initialing and dating the form presented and returning a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then within seven (7) days copy of the meeting, the Manager or designee shall forward an answer to the grievance form to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is . 7.4.4 All grievances must be filed not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within later than thirty (30) working days from the date on which the grievance arose or could reasonably have been discovered, whichever comes later, except those involving reappointment which must be filed within twenty (20) working days from the date on which the grievance arose or could reasonably have been discovered, whichever comes later. For the purposes of the receipt grievance procedure, working day is defined as any day on which classes are officially in session during the Fall and Spring semester, except Saturdays and Sundays. 7.4.5 The failure of an administrator at any level to communicate his decision to the grievant within the proper time limits shall permit the grievant to proceed to the next stage of the Step Three answergrievance procedure. The failure of the grievant to file his grievance within the time limits set forth in Sec. 7.4.4 above or to appeal any decision within applicable time limits set forth in the grievance steps shall bar consideration of, or further action on, the grievance. 7.4.6 The time limitations prescribed at each step of the grievance procedure may be filed with extended only by mutual agreement of the Vermont Labor Relations Boardparties in writing before the expiration of the time period for the applicable step. 7.4.7 Hearings and conferences held under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all interested parties to attend. At this stageWhen such hearings and conferences are held during class or working hours, all employees whose presence is required shall be excused for that purpose without loss of payment from the College. 7.4.8 Grievances presented at STEPS I and II shall be private unless the grievant, the Labor Board will process Union, and the matter in accordance with College all agree that the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions grievance be public. 7.4.9 At all steps of the VLRBgrievance procedure, the grievant shall have the right to require the production of relevant records relating specifically to the particular grievance in question, upon reasonable notice to the supervisory administrator and the contract administrator. Unless otherwise mutually agreed upon, each arbitration hearing The College will attempt to provide documents in a timely fashion. 7.4.10 The grievance procedure shall deal with not more than one grievance.be as follows:

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. Except For purposes of Section 7.4 the 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. A. Level I Within twenty-five (25) days 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, the grievant must present his grievance in writing utilizing the designated grievance form, included as is indicated Appendix “D” in section 13.7 this agreement to his/her immediate administrator. On this form the unit member shall make a clear and concise statement of this articlethe grievance, “Skipping Steps,” formal grievance must be filed the circumstances involved, and the specific article(s) that was allegedly violated, the decision rendered at Step One the informal conference, and the specific remedy sought. The immediate administrator shall communicate a decision to the unit member in writing within ten (10) days following from the date the written grievance is received by the immediate administrator. If the immediate administrator does not respond within the time at which limits, the employee and/or grievant may appeal to the Union could have reasonably been aware of next level. Within the existence of the situation which is the basis for foregoing time limit either party may request a personal conference to discuss the grievance. Failure Either the grievant or the immediate administrator 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 file the Division Administrator, within this time period ten (10) days after receiving the decision at Level I. This written appeal statement shall preclude subsequent include a copy of the original grievance, the decision rendered at Level I and a clear, concise statement of the reasons for the appeal. The parties shall convene a meeting to discuss the grievance within ten (10) days of the filing of the grievanceLevel II documents. STEP ONE: Either party may have a conferee present at such a conference. By mutual agreement of the parties, additional conferees may be present at the conference. The grievance will be presented verbally Division Administrator, or his/her designee, shall communicate a decision within ten (10) days from the date the Level II conference is held by e-mail the Division Administrator. If the Division Administrator, or his/her designee, does not respond within the time limits, the grievant may appeal to the employee’s immediate supervisor 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. The written appeal statement shall include a copy of the original grievance, the decisions rendered at previous levels, and a clear, concise statement of the reasons for the appeal. The parties shall convene a meeting to discuss the grievance within ten (10) days of the filing of the Level III documents. Either party may have two conferee(s) present at such a conference. By mutual agreement of the parties, additional conferees may be present at the conference. The Superintendent, or his/her designee, shall communicate a decision within ten (10) days from the date the conference is held by the Superintendent. If the Superintendent, or his/her designee, does not respond within the time limits, the grievant and/or may appeal to the Union Xxxxxxx. The supervisor will then arrange for a discussion next level. D. Level IV - Arbitration In the event that the grievant is not satisfied with the employee and/or decision at Level III, the xxxxxxx to be held unit member may request, in writing within five (5) days, that the Association submit the grievance to arbitration. If the Association agrees to proceed, the Association will request arbitration of the grievance in writing to the Office of Education within fifteen (15) days after receiving of the oral grievanceissuance of the Level III decision. The supervisor will submit Such request must be in writing and be accompanied by a written or oral answer statement from the Association agreeing to take the grievance to arbitration. In electing to pursue the grievance through arbitration, the grievant and/or xxxxxxx within three and the Association thereby agree that the arbitration process shall be the only forum for resolving the grievant's claim, that the arbitrator's decision shall be final and binding, and that they will not thereafter attempt to achieve a different resolution through a separate remedial procedure, whether established by statute or by regulation having the force of law. No later than fifteen (315) days after the arranged discussionOffice of Education's receipt of the request for arbitration from the Association, the Association and the Office of Education shall meet to determine a mutually acceptable arbitrator. STEP TWO: In the event the Association and the Office of Education are unable to reach agreement on a mutually acceptable arbitrator, the Association shall request, within the same fifteen (15) day period, 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, the Association 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, misapplication or misinterpretation of this Agreement in the respect alleged in the grievance. 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; nor to substitute his judgment for that of the Office of Education 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 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 in writing to the Office of Education in an earlier Level of this Grievance Procedure. 7. The arbitrator shall have no power to recommend or resolve any of the following: a. The termination of services or any other disciplinary action or failure to re- employ any member of the Unit. b. Any matter involving evaluation, except where procedure has been violated. c. 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) 8. All fees and expenses of the arbitrator shall be shared equally by the Office of Education and the Association. 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 a grievance is not resolved 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 Step Onethe option of the Office of Education and upon reasonable notice, then within seven (7) days 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 Step One answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days of receipt of the Step Two grievance, the Manager or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meetingmerits. If the Office of Education should choose to refuse to arbitrate a dispute, nothing in this section shall preclude the Association from seeking, through appropriate administrative or judicial proceedings, to compel the Office of Education to proceed to arbitration. 9. The arbitrator shall have no power to render an award on a grievance is not resolved at this meeting, then within seven (7) days claim rising out of the meeting, the Manager an act or designee shall forward an answer omission prior to the grievance to effective date of this Agreement or after the grievant, with a copy to the union xxxxxxx termination of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievanceAgreement.

Appears in 1 contract

Samples: Negotiated Agreement

Formal Procedure. Except as a. Level One (1) If the aggrieved person is indicated in section 13.7 not satisfied with the disposition of this articlethe grievance through the informal procedure, “Skipping Steps,” formal he may submit a written grievance must be filed at Step One to his supervisor and the superintendent within ten (10) days following after disposition at the informal level. (2) Within ten (10) days after receipt of the written grievance, the Superintendent shall provide the employee with a formal, written response to the grievance. (3) If the Superintendent does not respond within the time limits, or the grievant is not satisfied with the disposition of said grievance, the grievant may appeal to the Board. (4) Within the above time limits, either party may request a personal conference to discuss the grievance further. Either the grievant or the immediate supervisor may have a representative present at which such a conference. b. Level Two If the employee and/or aggrieved person is not satisfied with the Union could have reasonably been aware decision rendered under level one, within ten (10) days after receipt of the existence Superintendent’s written decision, he may request that the Association submit the grievance to mediation with a mediator designated by the State Mediation and Conciliation Service. In the event this level does not resolve the grievance, any proposed remedies submitted by either party or the mediator may not be used or referred to if the grievance is taken to Level Three, Arbitration. c. Level Three If the aggrieved person is not satisfied with the disposition of his grievance at Level One, or Two, he may, within ten (10) days after disposition or failure to respond by the Board, or its designee, request in writing that the Association submit his grievance to arbitration. The Association, by written notice to the Superintendent, within fifteen (15) days after receipt of the situation which is request from the basis for aggrieved person, may submit the grievance. Failure grievance to file within this time period shall preclude subsequent filing binding arbitration. (1) If any question arises as to the arbitrability of the grievance. STEP ONE: The grievance , such question will be presented verbally or by e-mail to the employee’s immediate supervisor ruled upon by the grievant and/or arbitrator only after he has had an opportunity to hear the Union Xxxxxxxmerits of the grievance. (2) The parties shall select a mutually acceptable arbitrator. The supervisor will then arrange for Should they be unable to agree on an arbitrator within twenty (20) days of the Association’s submission of the grievance to arbitration, the parties shall request the California State Conciliation Service to supply a discussion with the employee and/or the xxxxxxx to be held within panel of five (5) days after receiving the oral grievance. The supervisor will submit a written or oral answer to the grievant and/or xxxxxxx within three (3) days after the arranged discussion. STEP TWO: If the grievance is not resolved at Step One, then within seven (7) days names of the receipt of the Step One answer, the grievant and/or the xxxxxxx will present the grievance persons experienced in writing at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days of receipt of the Step Two grievance, the Manager or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate hearing grievances in the meeting. If the grievance is not resolved at this meeting, then within seven (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulationspublic schools. Each party shall bear alternately strike a name until only one name remains. The remaining panel member shall be the expense arbitrator. The order of preparing striking shall be determined by lot. (3) The arbitrator’s decision will be in writing and presenting its own casewill set forth his findings of fact, reasoning and conclusion on the issue submitted. Both sides shall retain whatever rights they may have under The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law to challenge the decisions or which is violative of the VLRBterms of this agreement. Unless otherwise mutually However, it is agreed uponthat the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be proper. The decision of the arbitrator will be final and binding (4) All costs for the services of the arbitrator, each arbitration including, but not limited to, per diem expenses, his travel and subsistence expenses and the cost of any hearing shall deal with not more than one grievanceroom will be borne equally by the board and the Association. All other costs will be borne by the party incurring them.

Appears in 1 contract

Samples: Certificated Employees’ Master Contract

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Formal Procedure. Except A grievance shall be processed as is indicated follows: Step 1 Any grievant(s) who has/have a grievance shall submit it in section 13.7 of this articlewriting, “Skipping Steps,” formal with the remedy sought, to and discuss it with his/her immediate supervisor. A grievance must be filed at Step One within ten (10) days following shall set forth the time at facts and the specific contract provisions upon which the employee and/or complaint is based in sufficient detail to allow the Union could have reasonably been aware of the existence of the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant and/or the Union Xxxxxxxto respond thereto. The grievant(s)’ supervisor will then arrange for a discussion with the employee and/or the xxxxxxx to be held shall answer all written grievances in writing within five (5) days after receiving the oral grievancesuch presentation. The supervisor will submit a written or oral answer to the grievant and/or xxxxxxx within three (3grievant(s) days after the arranged discussion. STEP TWO: may have his/her Association representative(s) present if he/she wishes. Step 2 If the grievance is not resolved at settled in Step One, then within seven (71 and the grievant(s) days of the receipt of the Step One answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which shall be with the Department Manager or designee. At this stagewishes to appeal, the grievance may be referred by him/her in writing to the superintendent (or to any other person designated by the Board) within ten (10) days after the answer in Step 1 and shall include, at a minimum, a brief statement of facts, be signed by both the provision(sgrievant(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment soughtAssociation representative(s). Within The Superintendent or his designee shall discuss the grievance within five (5) days of receipt of the Step Two grievance, the Manager or designee will hold a meeting with the grievant grievant(s) and the Association representative(s) at a time mutually agreeable to the parties. The Superintendent or his designee shall give his written answer to the Association and the grievant(s) within five (5)days following their Union representative(s). Appropriate University representatives may also participate in the meeting. . Step 3 If the grievance is not resolved settled in Step 2 and the Association desires to appeal, it shall be referred in writing by the Association to the Board within ten (10) days after the answer in Step 2. The Board shall, at this its next meeting, then within seven at least five (75) days after receipt of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: appeal, Step 4 If the grievance is not resolved at Step Twosettled in accordance with the foregoing procedure, then the Association (but not the grievant) may refer the grievance to arbitration within seven thirty (730) school days of after receipt of the Board’s answer in Step Two answer, 3. The Association or the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives Board may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to submit the grievance to final and binding arbitration. The American Arbitration Association (AAA) shall be requested to submit the grievant with a copy names of suggested arbitrators to the union xxxxxxx parties. The parties shall select an arbitrator in accordance with AAA rules. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of recordthis Agreement or any applicable Board policy. STEP FOUR: If He/she shall consider and decide only the grievance is specific issues submitted to him/her in writing and shall have no authority to make any decision or recommendation on any other issue not resolved at Step Three, then so submitted to him/her. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the applicable laws and rules and regulations having the force and effect of the law. The arbitrator shall submit in writing his/her decision within thirty (30) days following close of the receipt hearing or the submission of briefs by the parties, whichever is later. The arbitrator’s decision shall be based solely upon his/her interpretation of the Step Three answer, meaning or application of the specific terms of this Agreement involved to the facts of the grievance may be filed with the Vermont Labor Relations Boardpresented. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions The decision of the VLRBarbitrator shall be final and binding on the parties and teachers and shall be immediately implemented. Unless otherwise mutually agreed upon, each arbitration hearing The fees of the arbitrator shall deal with not more than one grievancebe divided equally between the Board and the Association. All other expenses shall be borne by the party incurring them.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. Except as (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in the Human Resources Office). Level One 12.3.1 If the grievant is indicated in section 13.7 not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known of this articlethe most recent condition upon which the grievance is based. This form shall require a clear, “Skipping Steps,” formal concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee. 12.3.2 Any grievance must be which is rejected due to an allegation that it has been untimely filed at Step One is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days following from the time at which the employee and/or the Union could have reasonably been aware grievant receives notice of the existence said rejection. The appeal shall be in written form and include a clear, concise statement of the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant and/or the Union Xxxxxxxappeal. The supervisor will then arrange for a discussion with Superintendent/President or designee shall communicate in writing the employee and/or the xxxxxxx to be held decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c). 12.3.3 Within ten (10) days after receiving the oral grievance, the immediate supervisor or designee shall meet with the grievant. The supervisor will submit a written or oral answer Within these ten (10) days, and prior to the conference, the grievant and/or xxxxxxx within three may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (32) days after notice in writing is given to the arranged discussionother party. 12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee. 12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. STEP TWO: Level Two 12.3.6 If the grievance is not resolved at Step One, then within seven (7) days of the receipt of the Step One answerformal conference, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days of receipt of the Step Two grievance, the Manager or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then within seven (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, thenmay, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievance.ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. Except as is indicated in section 13.7 of this articleWhether or not a grievant attempts to resolve a concern through informal discussion, “Skipping Steps,” a formal grievance must be filed at Step One the appropriate step within ten twenty (10) days following the time at which the employee and/or the Union could have reasonably been aware of the existence of the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant and/or the Union Xxxxxxx. The supervisor will then arrange for a discussion with the employee and/or the xxxxxxx to be held within five (5) days after receiving the oral grievance. The supervisor will submit a written or oral answer to the grievant and/or xxxxxxx within three (320) days after the arranged discussion. STEP TWO: If the grievance is not resolved at Step Onegrievant knew, then within seven (7) days or reasonably should have known, of the receipt action that precipitated the grievance. A formal filing of a grievance shall in every case and at every level specify: the nature of the Step One answergrievance, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, including a brief statement of pertinent facts, evidence supporting the grievance, and a history of the grievance process to date; the provision(s) of the Agreement alleged to have been violated or violated; the rules or regulations alleged to have been discriminatorily applied identity of the respondent, if any; and the adjustment soughtremedy sought by the grievant. Level One Within five twenty (520) days of receipt after the Grievant knew, or reasonably should have known, of the Step Two action that precipitated the grievance, the Manager grievant or designee will hold the grievant’s Faculty Association representative must file a formal grievance along with a request for a meeting in writing to the Xxxx with the grievant and their Union representative(s). Appropriate University representatives may also participate in objective of resolving the meetinggrievance informally. If the grievance Xxxx is not resolved at this meeting, then within seven (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answerrespondent, the grievance may be filed with the Vermont Labor Relations BoardVPAA. At this stageIf there is a respondent, the Labor Board Xxxx will process share the matter in accordance grievance with the State Employees Labor Relations Act respondent within five (SELRA5) days after receiving the grievance. The respondent may submit a written response to the grievance within ten (10) days of receipt. The Xxxx may meet one or more times, individually or together with the Grievant, the Respondent, and its own rules any other individuals with relevant information, in the Xxxx'x sole discretion, provided that, the Grievant may always include the Faculty Association in any meetings he or she attends. The respondent may be represented at all meetings by a representative of his or her choice. If the Xxxx has no authority to resolve the grievance, the grievance may be submitted by the grievant directly to Level Two. The University may defer the grievance back to Level One if the Xxxx at that Level has the authority to address the grievance, so long as such deferral takes place within ten (10) days of the receipt of the grievance. Within ten (10) days of his last meeting with either the grievant or respondent, the Xxxx shall issue a written response to the grievant, the respondent, and regulationsto the Faculty Association. If either the grievant or respondent is not satisfied with the Xxxx'x disposition, or the Xxxx has not responded within ten (10) days of the time set forth in 29.5.4, the grievant or respondent may appeal the grievance to Level Two (VPAA) no later than ten(10) days following the receipt of the Xxxx'x response, or failure to respond. If the Xxxx violates the aforementioned timeline, the grievance shall automatically be sent to the next level (Level Two). Level Two An appeal to the VPAA (or the President’s designee, if the VPAA is the subject of the Grievance) must include the original grievance along with a description of the evidence deemed relevant by the grievant, and a statement of the grievant’s requested outcome. If the Faculty Association has filed the grievance on behalf of more than one faculty member, a representative faculty member must be identified. If 29.5.3 is invoked, then the VPAA will share the grievance with the respondent within five (5) days after receiving the grievance. The respondent may submit a written response to the grievance within ten (10) days of receipt. No later than the ten (10) days following receipt of the written grievance, the VPAA shall schedule a meeting or meetings in an attempt to resolve the grievance. To this end, the VPAA may meet one or more times, individually or together with the Grievant, the Respondent, the Xxxx, and any other individuals with relevant information, at the VPAA’s sole discretion, provided that the Grievant may always include the Faculty Association in any meetings he or she attends and that the Respondent may be represented by someone of his or her choice. No later than twenty (20) days following receipt of the written grievance, the VPAA will issue a statement that the grievance has been resolved to the satisfaction of both parties and describes the resolution, or that provides a resolution to the grievance. In either case the VPAA will submit the disposition to the grievant, the respondent, the Faculty Association, and any other appropriate party. If there was no agreed upon resolution at Level Two and either the grievant or respondent is not satisfied with the VPAA's disposition, the grievant or respondent may appeal the grievance to Level Three no later than ten (10) days following the receipt of the VPAA's resolution. If the VPAA violates the aforementioned timeline, the grievance shall automatically be sent to the next level (Level Three). Level Three Within ten (10) days of receipt of the grievance, the President or his or her designee shall schedule a hearing to be held within twenty (20) days of receipt of the VPAA's resolution. The President or his or her designee shall inform the parties of the process for exchange of witness lists, documents and other procedural matters. Each party shall bear be entitled to present evidence and/or witnesses and shall have the expense right to question witnesses brought by the other party. The Grievant may be represented by the Faculty Association and the Respondent may be represented by someone of preparing and presenting its own casehis or her choice. Both sides The hearing shall retain whatever rights they may have under law to challenge be recorded, by tape recording or other similar means. If the decisions President conducted the hearing, after the conclusion of the VLRBhearing, the President shall issue a written decision to the grievant, the Faculty Association, the respondent, the Xxxx, and the VPAA, as appropriate. Unless otherwise mutually agreed uponIf the President's designee conducted the hearing, each no later than ten (10) days following the conclusion of the hearing, the designee shall submit the hearing record and his or her recommendation to the President. The President may accept, reject or modify the designee's recommendation and shall issue a written decision to the grievant, the Faculty Association, the respondent, the Xxxx, and the VPAA, as appropriate. If the President, or his designee, violates the aforementioned timeline, the grievance shall automatically be sent to Arbitration. Arbitration If both the Grievant and the Faculty Association’s Executive Committee are not satisfied with the President's written disposition, the Faculty Association may appeal the Grievance to arbitration by submitting a written request for arbitration to the President no later than ten (10) days following the receipt of the President's written decision. The arbitrator will be selected from a list of five (5) arbitrators requested from the Federal Mediation and Conciliation Service (FMCS) or American Arbitration Association (AAA). The arbitrator shall be chosen through the process of alternatively striking arbitrators until one (1) remains. The order for striking shall be determined by the parties by the flip of a coin. The process shall be conducted no later than ten (10) days following receipt by the parties of the list of arbitrators from FMCS or AAA. The arbitrator shall conduct a hearing as soon as possible. The arbitrator may establish the rules of procedure and, at the arbitrator's discretion, may require the parties or witnesses to testify under oath. The arbitrator's decision shall deal with be submitted in writing within thirty (30) days after the closing of the hearing and shall include the decision, rationale, and, if appropriate, relief. The arbitrator shall have no authority to extend, subtract from, or detract from the right of the employees covered by this Agreement. The written decision must be sent to the grievant, the Faculty Association, and the President. The arbitrator's decision shall be final and binding on all parties The arbitrator's fees and costs shall be shared equally by the Faculty Association and the University, when the Grievant(s) is/are dues-paying member of the Faculty Association. If the faculty member is not more than one grievancea dues-paying member of the Faculty Association, the faculty member must pay for costs normally paid by the Faculty Association. All other expenses shall be assumed by the party incurring the cost.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. Except For purposes of Section 7.4 the 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. A. Level I Within twenty-five (25) days 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, the grievant must present his grievance in writing utilizing the designated grievance form, included as is indicated Appendix “D” in section 13.7 this agreement to their immediate administrator. On this form the unit member shall make a clear and concise statement of this articlethe grievance, “Skipping Steps,” formal grievance must be filed the circumstances involved, and the specific article(s) that was allegedly violated, the decision rendered at Step One the informal conference, and the specific remedy sought. The immediate administrator shall communicate a decision to the unit member in writing within ten (10) days following from the date the written grievance is received by the immediate administrator. If the immediate administrator does not respond within the time at which limits, the employee and/or grievant may appeal to the Union could have reasonably been aware of next level. Within the existence of the situation which is the basis for foregoing time limit either party may request a personal conference to discuss the grievance. Failure Either the grievant or the immediate administrator 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 file the Division Administrator, within this time period ten (10) days after receiving the decision at Level I. This written appeal statement shall preclude subsequent include a copy of the original grievance, the decision rendered at Level I and a clear, concise statement of the reasons for the appeal. The parties shall convene a meeting to discuss the grievance within ten (10) days of the filing of the grievanceLevel II documents. STEP ONE: Either party may have a conferee present at such a conference. By mutual agreement of the parties, additional conferees may be present at the conference. The grievance will be presented verbally Division Administrator, or their designee, shall communicate a decision within ten (10) days from the date the Level II conference is held by e-mail the Division Administrator. If the Division Administrator, or their designee, does not respond within the time limits, the grievant may appeal to the employee’s immediate supervisor 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. The written appeal statement shall include a copy of the original grievance, the decisions rendered at previous levels, and a clear, concise statement of the reasons for the appeal. The parties shall convene a meeting to discuss the grievance within ten (10) days of the filing of the Level III documents. Either party may have two conferee(s) present at such a conference. By mutual agreement of the parties, additional conferees may be present at the conference. The Superintendent, or their designee, shall communicate a decision within ten (10) days from the date the conference is held by the Superintendent. If the Superintendent, or their designee, does not respond within the time limits, the grievant and/or may appeal to the Union Xxxxxxx. The supervisor will then arrange for a discussion next level. D. Level IV - Arbitration In the event that the grievant is not satisfied with the employee and/or decision at Level III, the xxxxxxx to be held unit member may request, in writing within five (5) days, that the Association submit the grievance to arbitration. If the Association agrees to proceed, the Association will request arbitration of the grievance in writing to the Office of Education within fifteen (15) days after receiving of the oral grievanceissuance of the Level III decision. The supervisor will submit Such request must be in writing and be accompanied by a written or oral answer statement from the Association agreeing to take the grievance to arbitration. In electing to pursue the grievance through arbitration, the grievant and/or xxxxxxx within three and the Association thereby agree that the arbitration process shall be the only forum for resolving the grievant's claim, that the arbitrator's decision shall be final and binding, and that they will not thereafter attempt to achieve a different resolution through a separate remedial procedure, whether established by statute or by regulation having the force of law. No later than fifteen (315) days after the arranged discussionOffice of Education's receipt of the request for arbitration from the Association, the Association and the Office of Education shall meet to determine a mutually acceptable arbitrator. STEP TWO: In the event the Association and the Office of Education are unable to reach agreement on a mutually acceptable arbitrator, the Association shall request, within the same fifteen (15) day period, 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, the Association 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, misapplication or misinterpretation of this Agreement in the respect alleged in the grievance. 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 them 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; nor to substitute his judgment for that of the Office of Education 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 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 in writing to the Office of Education in an earlier Level of this Grievance Procedure. 7. The arbitrator shall have no power to recommend or resolve any of the following: a. The termination of services or any other disciplinary action or failure to re- employ any member of the Unit. b. Any matter involving evaluation, except where procedure has been violated. c. 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) 8. All fees and expenses of the arbitrator shall be shared equally by the Office of Education and the Association. 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 a grievance is not resolved 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 Step Onethe option of the Office of Education and upon reasonable notice, then within seven (7) days 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 Step One answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days of receipt of the Step Two grievance, the Manager or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meetingmerits. If the Office of Education should choose to refuse to arbitrate a dispute, nothing in this section shall preclude the Association from seeking, through appropriate administrative or judicial proceedings, to compel the Office of Education to proceed to arbitration. 9. The arbitrator shall have no power to render an award on a grievance is not resolved at this meeting, then within seven (7) days claim rising out of the meeting, the Manager an act or designee shall forward an answer omission prior to the grievance to effective date of this Agreement or after the grievant, with a copy to the union xxxxxxx termination of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievanceAgreement.

Appears in 1 contract

Samples: Negotiated Agreement

Formal Procedure. Except as If the Association is indicated the grievant, and the oral discussion fails to resolve the proposed grievance, the Association shall proceed with Step Two of the Grievance Procedure, using the form set forth in section 13.7 Appendix A, which shall be signed by the grievant. If an employee or employees are the grievants, and if the oral discussion fails to resolve the proposed grievance so that the employee or employees elect to pursue the grievance, the following formal Grievance Procedure shall be followed, using the form set forth in Appendix A, which shall be signed by the grievant or grievants. The grievance form shall be available in the principal’s office or through the Association. a. Step One The grievant shall file the signed grievance form with the principal of this articlethe building in which the grievance arose within fifteen (15) school days of the alleged occurrence or within fifteen (15) school days of the time when the grievant, “Skipping Steps,” formal in the exercise of due care could reasonably have learned of the alleged occurrence. The grievant shall obtain the signature of the Principal or his/her designee on a copy of the grievance form, which copy shall be filed by the grievant with the Superintendent or his/her designee. In the event that the grievance involves more than one school building, the grievance form may be filed directly with the Superintendent or his/her designee. The grievance form must be filed at Step One dated and state the nature and date of the occurrence giving rise to the grievance, the specific provisions of the Agreement violated, misinterpreted or misapplied and a specific remedy requested. The Principal shall, within ten (10) school days following the time at which the employee and/or the Union could have reasonably been aware of the existence of the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing receipt of the grievance. STEP ONE: The , indicate the disposition of the grievance will in writing and a copy thereof shall be presented verbally or by e-mail delivered to the employeegrievant and to the Association. b. Step Two If the grievant is not satisfied with the Principal’s immediate supervisor disposition of the grievance, or if no written disposition was made within the allowed ten (10) school days, a copy of the written grievance and a copy of the Principal’s disposition, if any, shall be filed by the grievant and/or the Union Xxxxxxx. The supervisor will then arrange for a discussion with the employee and/or the xxxxxxx to be held Superintendent within five (5) school days after receiving of said disposition or within fifteen (15) school days of the oral grievanceoriginal filing date, whichever shall be later. The supervisor will submit a written or oral answer to the grievant and/or xxxxxxx within three Within five (35) days after the arranged discussion. STEP TWO: If the grievance is not resolved at Step One, then within seven (7) school days of the receipt of the Step One answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days of receipt of the Step Two grievance, the Manager or designee will hold a meeting Superintendent shall meet with the grievant and their Union representative(s)discuss the grievance. Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then within seven Within ten (710) school days of the said meeting, the Manager or designee Superintendent shall forward an answer have delivered to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in to the meeting. Association the written disposition of the grievance. c. Step Three If the grievance grievant is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed satisfied with the Vermont Labor Relations Board. At this stageSuperintendent’s disposition, or if no disposition has been made by the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievance.Superintendent within ten

Appears in 1 contract

Samples: Master Contract

Formal Procedure. Except as is indicated A. Level One 1. Should the aggrieved party not be satisfied with the disposition of grievance in section 13.7 the informal procedure, he shall within fifteen (15) days of this articlethe incident causing the grievance, “Skipping Steps,” formal file a written grievance must with his/her immediate supervisor. A copy of the grievance shall be filed at Step One within ten with the Superintendent and the Union President. 2. Within three (103) days following the time at which filing of a formal grievance, the employee and/or grievance representative shall have the Union could have reasonably been aware right to an interview with the supervisor for the purpose of obtaining information pertinent to the case. No sooner than three (3) days, nor later than six (6) days following the interview, the supervisor shall call a formal hearing of the existence of the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant and/or the Union Xxxxxxxparties in interest. The supervisor will then arrange for a discussion with shall take action on the employee and/or the xxxxxxx to be held written grievance within five (5) days after receiving of the oral grievanceconclusion of the hearing. The supervisor will submit a written or oral answer action taken and the reasons for the action shall be reduced to writing and copies shall be sent to the grievant and/or xxxxxxx grievant, Superintendent and President of the Union. 3. If the aggrieved party and the immediate supervisor agree upon the resolution of the grievance at this meeting, the immediate supervisor's report is to be written and agreed to by both parties at that time. If not, the grievance goes on to Level Two, unless the union notifies the Superintendent within five (5) days. 4. Should any new evidence be presented at the formal hearing, both sides may have three (3) days after in which to render a written decision. B. Level Two 1. Within ten (10) days of notification that a grievance still exists, the arranged discussionSuperintendent, or his designated representative, shall conduct a hearing involving all parties in interest. 2. STEP TWO: If the aggrieved party and the Superintendent agree upon the resolution of the grievance at this meeting, the Superintendent's report is to be written and agreed to by both parties at that time. If not, the grievance goes on to Level Three, unless the Union notifies the Superintendent otherwise within five (5) days. C. Level Three 1. If within fifteen (15) days of the Superintendent's decision the aggrieved person is not resolved at Step Onesatisfied, then within he/she may request the Union to serve written notice to the Superintendent of its intent to arbitrate the grievance. The arbitrator will be selected by the meet and strike method, from a list of seven (7) days of names furnished by the receipt of Federal Mediation and Conciliation Service. All other procedures relative to the Step One answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which shall be hearing(s) with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days of receipt of the Step Two grievance, the Manager or designee arbitrator will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then within seven (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRArules and regulations of the Federal Mediation and Conciliation Service. The arbitrator will conduct the necessary hearing(s) and its own rules issue a decision within the time limit, as agreed to by the Union, the Board and regulationsthe arbitrator. Each party The arbitrator shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law no power to challenge the decisions add to subtract from, disregard, alter, or modify any of the VLRBterms of this Agreement. Unless otherwise mutually agreed uponThe decision of the arbitrator shall be final and binding. The fees and expenses of the arbitrator shall be shared equally by the Board and the Union. Any other expenses shall be borne by the party incurring them except that any employees who are witnesses, each arbitration building representatives or the grievant shall not lose pay when the hearing shall deal with not more than one grievanceis conducted during that employee's regular hours of work.

Appears in 1 contract

Samples: Negotiated Agreement

Formal Procedure. Except For purposes of Section 7.4 the 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. A. Level I Within twenty-five (25) days 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, the grievant must present his grievance in writing utilizing the designated grievance form, included as is indicated Appendix “D” in section 13.7 this agreement to his/her immediate administrator. On this form the unit member shall make a clear and concise statement of this articlethe grievance, “Skipping Steps,” formal grievance must be filed the circumstances involved, and the specific article(s) that was allegedly violated, the decision rendered at Step One the informal conference, and the specific remedy sought. The immediate administrator shall communicate a decision to the unit member in writing within ten (10) days following from the date the written grievance is received by the immediate administrator. If the immediate administrator does not respond within the time at which limits, the employee and/or grievant may appeal to the Union could have reasonably been aware of next level. Within the existence of the situation which is the basis for foregoing time limit either party may request a personal conference to discuss the grievance. Failure to file within this time period shall preclude subsequent filing of Either the grievance. STEP ONE: The grievance will be presented verbally grievant or by e-mail the immediate administrator 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 employee’s immediate supervisor by the grievant and/or the Union Xxxxxxx. The supervisor will then arrange for a discussion with the employee and/or the xxxxxxx to be held Division Administrator, within five ten (510) days after receiving the oral decision at Level I. This written appeal statement shall include a copy of the original grievance, the decision rendered at Level I and a clear, concise statement of the reasons for the appeal. The supervisor will submit parties shall convene a written or oral answer meeting to the grievant and/or xxxxxxx within three (3) days after the arranged discussion. STEP TWO: If discuss the grievance is not resolved at Step One, then within seven ten (710) days of the receipt filing of the Step One answerLevel II documents. Either party may have a conferee present at such a conference. By mutual agreement of the parties, additional conferees may be present at the conference. The Division Administrator, or his/her designee, shall communicate a decision within ten (10) days from the date the Level II conference is held by the Division Administrator. If the Division Administrator, or his/her designee, does not respond within the time limits, the grievant and/or may appeal to the xxxxxxx will present next level. C. Level III In the grievance in writing at Step Two, which shall be event the grievant is not satisfied with the Department Manager or designee. At this stagedecision at Level II, the grievance grievant may appeal the decision to the Superintendent, within ten (10) days after receiving the decision at Level II. The written appeal statement shall include, at include a minimum, a brief statement of facts, the provision(s) copy of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days of receipt of the Step Two original grievance, the Manager or designee will hold decisions rendered at previous levels, and a clear, concise statement of the reasons for the appeal. The parties shall convene a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If to discuss the grievance is not resolved at this meeting, then within seven ten (710) days of the meetingfiling of the Level III documents. Either party may have two conferee(s) present at such a conference. By mutual agreement of the parties, additional conferees may be present at the Manager conference. The Superintendent, or designee his/her designee, shall forward an answer to communicate a decision within ten (10) days from the grievance to date the grievant, with a copy to conference is held by the union xxxxxxx of recordSuperintendent. STEP THREE: If the grievance is Superintendent, or his/her designee, does not resolved at Step Two, then respond within seven (7) days of receipt of the Step Two answertime limits, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer appeal to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievancenext level.

Appears in 1 contract

Samples: Negotiated Agreement

Formal Procedure. Except as is indicated In the event these timelines cannot be met, they may be extended by mutual agreement of the appropriate administrator and the Union. (a) The grievant(s) will contact the immediate supervisor and/or the principal/assistant principal (K- 12) of the building involved, to resolve the matter informally, within five (5) working days after a reasonable person should have been aware of the alleged violation. (b) If a satisfactory agreement cannot be reached in section 13.7 of this articleStep 1(a), “Skipping Steps,” formal grievance must be filed at Step One the grievant(s) will discuss it with the building principal (K-12) or the appropriate administrator within ten (10) working days following the time at which the employee and/or the Union could after a reasonable person should have reasonably been aware of the existence of the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant and/or the Union Xxxxxxx. The supervisor will then arrange for a discussion with the employee and/or the xxxxxxx to be held within alleged violation and five (5) working days after receiving they have completed Step 1(a) before proceeding to Step 2. If the oral grievanceadministrator responsible for handling the grievance in Step 1(b) is the same person that handled the grievance in Step 1(a) the grievant and the Union will skip Step 1(b) and proceed to Step 2 within ten (10) working days after a reasonable person should have been aware of the alleged initial violation. Step 2 Statement to the Principal or Appropriate Administrator The grievant or the Union shall present a written statement on an official grievance form of the alleged violation to the Principal or other appropriate administrator within ten (10) working days of the completion of Step 1(b). The supervisor will submit a written or oral answer to Principal shall, within ten (10) working days of the receipt of the grievance, confer with the grievant and/or xxxxxxx within three his/her representative to try to resolve the grievance. Within ten (310) working days after the arranged discussioncompletion of the conference, the Principal or other appropriate administrator shall give his/her written decision. STEP TWO: If A copy of the decision shall be given to the Union and the grievant(s). Step 3 Appeal to the Superintendent In the event the grievance is has not been resolved in the First Step, the grievant or the Union may file an appeal to the Superintendent or his/her designee. The Step 3 designee shall not be the same administrator as the one who heard the grievance at Step One, then 2. The appeal shall be made within seven ten (710) days of the receipt of the Step One answer, 2 decision. The Superintendent or his/her designee shall confer with the grievant and/or the xxxxxxx will present Union in an effort to resolve the grievance in writing at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(swithin ten (10) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) working days of receipt of the Step Two grievanceappeal. The Superintendent, within ten (10) working days following the Manager or designee will hold a meeting conference, shall file his/her written decision with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then within seven (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievanceUnion.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. Except as A. If the grievant is indicated not satisfied with the discussion in section 13.7 of this articlethe Informal Procedure, “Skipping Steps,” formal he/she shall submit a written grievance must be filed at Step One to his/her building Principal within ten five (105) days following the time at which the employee and/or the Union could have reasonably been aware of the existence of the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant and/or the Union XxxxxxxInformal Procedure. The supervisor will then arrange for a discussion with written grievance shall cite the employee and/or the xxxxxxx specific articles, sections, and paragraphs alleged to be held violated, and will also state the specific remedy sought. B. The building Principal shall schedule and hold a meeting within five (5) days after receiving receipt of the oral written grievance. Present at this meeting shall include the grievant(s), and if the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing. C. The supervisor building Principal will submit a written or oral answer transmit his/her decision in writing with reasons upon which the decision was based, to the grievant and/or xxxxxxx within three five (35) days after the arranged discussion. STEP TWO: meeting was held. A. If the grievance grievant is not resolved satisfied with the disposition of the grievance at Step OneI or if no decision has been rendered within five (5) days after presentation of the grievance, then the grievance may be referred to the Superintendent or his/her designee in his/her absence. The request for Step II appeal shall be accompanied by the grievance, Principal’s decision, and reasons for the request. B. The Superintendent shall arrange for a meeting to take place within seven five (75) days of the receipt of the Step One answerappeal. C. Upon conclusion of the meeting, the Superintendent will provide his/her written decision to the grievant, Association, and building Principal if involved within five (5) days. Such written decision shall include reasons upon which the decision was based. D. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance. A. If the grievant and/or is not satisfied with the xxxxxxx will present the disposition of his/her grievance in writing at Step TwoII, which shall be he or she may file an appeal with the Department Manager or designee. At board of education in writing, using the official form which is part of this stageprocedure, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within within five (5) days of receipt of the Step Two grievance, II response. B. The board will hear the Manager appeal at its next regularly scheduled meeting or designee will hold a special board meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then which has been called within seven forty-five (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (3045) days of the receipt of the Step Three answerappeal. C. At the conclusion of the hearing, the grievance may be filed with Board shall render its decision by vote of the Vermont Labor Relations Board. At this stagemembers present and shall transmit its decision in writing to the grievant, the Labor Board will process building Principal, if involved, the matter in accordance with Superintendent, and the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievanceAssociation.

Appears in 1 contract

Samples: Teacher Negotiated Agreement

Formal Procedure. Except as Step 1. If the grievance is indicated in section 13.7 of this articlenot settled informally, “Skipping Steps,” formal the grievance shall be reduced to writing, signed by the employee and the Union and submitted to the Department Head within seven (7) days after the informal procedure has been concluded. If the informal procedure was not invoked, the grievance must be filed at Step One presented within ten (10) days following the time at which the employee and/or the Union could have reasonably been aware of the existence of the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant and/or the Union Xxxxxxx. The supervisor will then arrange for a discussion with the employee and/or the xxxxxxx to be held within five (5) days after receiving the oral grievance. The supervisor will submit a written or oral answer to the grievant and/or xxxxxxx within three (3) days after the arranged discussion. STEP TWO: If event arises upon which the grievance is not resolved at Step Onebased. The Department Head shall respond, then in writing, within seven (7) days of such submittal. Step 2. If not settled at Step 1, the grievance shall be filed in a written document signed by the employee and the Union with the Town Administrator within seven (7) days after receipt of the Step One 1 answer. Such filing should in the alleged facts that serve as the basis for the grievance, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement Articles alleged to have been be violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment remedy sought. Within five The Town Administrator shall, within twenty (520) days of receipt of the Step Two grievancefiling at this Step, discuss the Manager or designee will hold a meeting matter with the grievant Union and their the Grievant and provide a written decision to the Union representative(s)and the relevant. Appropriate University representatives may also participate in If the meetingDepartment Head is the Town Administrator, then the grievance process shall commence at Step 1 and then go directly to Step 3. Step 3. If the grievance is not resolved at this meeting, then within seven (7) days as a result of the meetingwritten decision of the Town Administrator, the Manager or designee shall forward an answer to Union may present the grievance to the grievantSelect Board, with provided, however, the grievance has been submitted within ten (10) days of receiving the answer at Step 2. The Select Board shall provide a copy to written answer within fourteen (14) days from the union xxxxxxx date of record. STEP THREE: the next scheduled Board meeting after the grievance was submitted for the Board’s consideration. (a) If the grievance is not resolved to the satisfaction of the Grievant at Step Two, then within seven (7) days of receipt of the Step Two answer3, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives Grievant may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to submit the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then Labor Relations Connection within thirty (30) days of the receipt written Step 3 answer. (b) While awaiting arbitration, the parties, by mutual written agreement, may seek assistance from the Department of Labor Relations to mediate the matter short of arbitration. Resolution of the Step Three answer, the grievance may matter through mediation must be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter mutually acceptable to both parties in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law order to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievanceavoid arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. Except as (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in the Human Resources Office). Level One 12.3.1 If the grievant is indicated in section 13.7 not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known of this articlethe most recent condition upon which the grievance is based. This form shall require a clear, “Skipping Steps,” formal concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the Chair of the Faculty Association Professional Rights and Contractual Grievance Committee. 12.3.2 Any grievance must be which is rejected due to an allegation that it has been untimely filed at Step One is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days following from the time at which the employee and/or the Union could have reasonably been aware grievant receives notice of the existence said rejection. The appeal shall be in written form and include a clear, concise statement of the situation which is the basis for the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant and/or the Union Xxxxxxxappeal. The supervisor will then arrange for a discussion with Superintendent/President or designee shall communicate in writing the employee and/or the xxxxxxx to be held decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c). 12.3.3 Within ten (10) days after receiving the oral grievance, the immediate supervisor or designee shall meet with the grievant. The supervisor will submit a written or oral answer Within these ten (10) days, and prior to the conference, the grievant and/or xxxxxxx within three may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (32) days’ notice in writing is given to the other party. 12.3.4 Within ten (10) days after from the arranged discussiontime of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the Chair of the Faculty Association Professional Rights and Contractual Grievance Committee, and the Vice- President, Human Resources or designee. 12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. STEP TWO: Level Two 12.3.6 If the grievance is not resolved at Step One, then within seven (7) days of the receipt of the Step One answerformal conference, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days of receipt of the Step Two grievance, the Manager or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then within seven (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, thenmay, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievance.ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. Except as (see Appendices G-l, G-2, G-3 and G-4 for approved forms available in the Human Resources Office) Level One - Immediate Supervisor Decision 12.3.1 If the grievant is indicated in section 13.7 not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known of this articlethe most recent condition upon which the grievance is based. This form shall require a clear, “Skipping Steps,” formal concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee. 12.3.2 Any grievance must be which is rejected due to an allegation that it has been untimely filed at Step One is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days following from the time at which the employee and/or the Union could have reasonably been aware grievant receives notice of the existence said rejection. The appeal shall be in written form and include a clear, concise statement of the situation which is the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c). 12.3.3 Within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Failure Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party. 12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee. 12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two 12.3.6 If the grievance is not resolved at the formal conference, the grievant may, within ten (10) days after receipt of the immediate supervisor's or designee's written response, submit an appeal on the appropriate form to the Superintendent/President or designee. The statement of appeal shall include a copy of the original grievance, the decision rendered by the immediate supervisor, and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee may meet with the grievant and shall communicate in writing the decision to the grievant no later than ten (10) days after receipt of the notice of appeal. If a meeting is held, the Superintendent/President or designee has an additional five (5) days to file a written response; if no meeting is held, the written response shall be filed within this time period shall preclude subsequent ten (10) days of the filing of the grievanceLevel Two appeal. STEP ONE: The grievance will be presented verbally or by e-mail Either party to the employee’s immediate supervisor by conference may have a conferee present if a minimum of two (2) days notice is given in writing to the other party. If the Superintendent/President or designee does not respond within the time limits provided, the grievant and/or may proceed to arbitration. 12.3.7 If the Union Xxxxxxx. The supervisor will then arrange for thirty-day time limit within which to file a discussion formal grievance with the employee and/or appropriate academic administrator extends beyond the xxxxxxx last scheduled work day for the spring semester, the grievant and the appropriate administrator or designee may, by mutual agreement in writing, extend the time limit for the grievant to file said claim. In no event shall the time limit be held extended beyond the end of the third week of the ensuing fall semester. a. If the grievant is not satisfied with the decision at Level Two, or if the grievant elects to invoke the arbitration provision of section 12.3.2, the grievant may, within five (5) days after receiving the oral grievancedecision by the Superintendent/President or designee, request in writing that the Association submit the grievance to arbitration. A copy of this request shall be given to the Vice President, Human Resources. The supervisor will submit a Association, by written or oral answer notice to the grievant and/or xxxxxxx Vice President, Human Resources, within three fifteen (315) days after receipt from the arranged discussion. STEP TWO: If grievant, may submit the grievance to impartial arbitration. b. If arbitration is not resolved at Step One, then within seven (7) days of the receipt of the Step One answerrequested, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment soughtDistrict shall attempt to agree upon an impartial arbitrator. Within If no agreement can be reached, they shall request the California State Conciliation Service to supply a panel of five (5) days names of receipt of the Step Two grievance, the Manager or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate persons experienced in the meeting. If the grievance is not resolved at this meeting, then within seven (7) days of the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the xxxxxxx will present the grievance hearing grievances in writing at Step Three which shall be the appropriate Xxxx, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the grievance to the grievant with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulationscommunity college matters. Each party shall bear alternately strike a name until one name remains. The remaining panel member shall be the expense of preparing and presenting its own caseimpartial arbitrator. Both sides shall retain whatever rights they may have under law to challenge the decisions The order of the VLRB. Unless otherwise mutually agreed upon, each arbitration striking shall be determined by lot. c. The fees and expenses of the arbitrator and the hearing shall deal with be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them. d. The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted, and provide an appropriate remedy. If the Parties cannot more than one grievanceagree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. If any question arises as to whether or not the grievance is arbitrable, the arbitrator may at his/her discretion rule on the issue of arbitrability at such time as he/she decides. e. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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