Common use of Formal Procedure Clause in Contracts

Formal Procedure. a. Step I If the grievance is not resolved by the informal procedure, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. See Appendix B. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step I of the Grievance Report Form and returning a copy to the grievant, the Association and the Superintendent/ designee. b. Step II If the grievant is not satisfied with the disposition of the grievance at Step I, the grievant shall complete Grievance Report Form, and submit same to the Superintendent/designee within ten (10) days of the receipt of its disposition at Step 1. Within ten (10) days of receipt of the grievance form, the Superintendent/designee shall meet with the grievant. Within five (5) days of the meeting, the Superintendent/designee shall write his/her disposition of the grievance by completing his/her portion of Step II, and forwarding a copy to the grievant, the Association and the immediate supervisor. c. Step III If the Step II procedure does not resolve the grievance, the grievant, with the written concurrence of the Association, may within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Board. The parties shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the grievant with the written concurrence of the Association may, within ten (10) days following the parties’ scheduled mediation or from the receipt of the Step II answer, request a hearing before an arbitrator by completing Grievance Report Form. The grievant's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email with a copy of the Association’s concurrence to the Office of the Superintendent. The grievant or his/her designated representative shall petition the American Arbitration Association to provide both parties with a list of seven (7) names. The parties shall select the arbitrator by the alternate strike method, with either party having the right to request a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules of the American Arbitration Association. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the Association. e. A grievance may be withdrawn at any level without prejudice or record.

Appears in 5 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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Formal Procedure. a. Step STEP I If the grievance is not resolved by the informal procedureprocedure provided above, or if the grievant elects not to use and/or LTA may pursue the informal proceduregrievance by filing a formal grievance form (Appendix A) with a written explanation of the grievance, it may be pursued further by submitting a completed Grievance Report Formciting the specific relief sought, with his or her immediate supervisor. See Appendix B. A copy of this The form shall be submitted by filed within twenty (20) days after the grievant grievant's immediate supervisor fails to resolve the immediate supervisorgrievance through the informal procedure or the grievance shall be considered waived. Within five (5) days of receipt of the Grievance Report Formgrievance form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance and return a copy to the grievant, the Superintendent, and the LTA President within five (5) days after such meeting by completing Step I of the Grievance Report Form and returning a copy to the grievant, the Association and the Superintendent/ designeemeeting. b. Step STEP II If the grievant is and/or LTA are not satisfied with the written disposition of the grievance at Step Level I, the grievant shall complete Grievance Report Form, may appeal the grievance and submit same to request a meeting with the Superintendent/designee within five (5) days after receipt of the Level I written disposition by submitting the grievance report form, or the grievance shall be considered waived. A meeting will be held within ten (10) days of the receipt of its disposition at Step 1. Within ten (10) days of Superintendent/designee's receipt of the grievance form, the appeal from Step I. The Superintendent/designee shall meet with write a disposition of the grievant. Within grievance within five (5) days of the meeting, the Superintendent/designee shall write his/her disposition of the grievance by completing his/her portion of Step II, such meeting and forwarding return a copy to the grievant, the Association and the immediate supervisor, LTA President, and President of the Board. c. Step STEP III If the Step II procedure does grievant and/or LTA is not resolve satisfied with the Superintendent/designee's decision, he/she may appeal to the full Board. The written notice of appeal shall be filed with the Treasurer of the Board not later than five (5) days after the receipt of the Superintendent's decision, or the grievance shall be considered waived. Included in the appeal will be a description of the grievance citing the specific section of the contract that has been violated and the relief sought. Providing the appeal has been timely filed, the Board will meet with the grievant in executive session unless required otherwise by law at the next scheduled Board meeting. After considering the grievance, the Board will issue a decision to the grievant, with the written concurrence of Superintendent, LTA President, and the Association, may within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Boardimmediate supervisor involved. The parties shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the grievant with the written concurrence of the Association may, within ten (10) days following the parties’ scheduled mediation or from the receipt of the Step II answer, request a hearing before an arbitrator by completing Grievance Report Form. The grievantBoard's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email with a copy of the Association’s concurrence to the Office of the Superintendent. The grievant or his/her designated representative shall petition the American Arbitration Association to provide both parties with a list of seven (7) names. The parties shall select the arbitrator by the alternate strike method, with either party having the right to request a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules of the American Arbitration Association. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the Associationfinal. e. A grievance may be withdrawn at any level without prejudice or record.

Appears in 3 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

Formal Procedure. a. Step I I. If the grievance is not resolved by within five (5) days of the informal procedure, or if the grievant elects not to use the informal procedure, claim it may be pursued further by submitting a completed Grievance Report Form, Step I (See Appendix), in duplicate. See Appendix B. A copy Copies of this form shall be submitted by the grievant to the immediate supervisorsupervisor and to the Association. Within five (5) days of receipt of the Grievance Report Formform, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step I of the Grievance Report Form form and returning a copy to the grievant, the Association and the Superintendent/ designeeSuperintendent. b. Step II II. If the grievant is not satisfied with the disposition of the grievance at in Step I, the grievant shall complete Grievance Report Formform, Step II (See Appendix) and submit the same to the SuperintendentSuperintendent or his/her designee within ten five (105) days of the receipt of its the disposition of the grievance at Step 1. I. Within ten five (105) school days of receipt of the grievance form, the SuperintendentSuperintendent or his/her designee shall meet with the grievant. Within five (5) days of the this meeting, the SuperintendentSuperintendent or his/her designee shall write his/her his disposition of the grievance by completing his/her his portion of Step II, and forwarding a copy to the grievant, the Association Association, and the immediate supervisor. c. Step III III. If the Step II procedure does grievant is not resolve the grievance, the grievant, satisfied with the written concurrence of the Association, may within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Board. The parties shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps disposition of the grievance procedure or if either party chooses not to participate by the Superintendent in mediationStep II, then the grievant with the written concurrence of the Association may, within ten (10) days following the parties’ scheduled mediation or from the receipt of the Step II answer, may request a hearing before an arbitrator by completing the Grievance Report Formform, Step III. The grievant's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email with a copy made within five (5) school days following the receipt of the Association’s concurrence to the Office disposition of the Superintendentgrievance from Step II. The Within five (5) days following receipt of the grievant's request for arbitration by the Treasurer, the Board or its designated representative and the grievant or his/her designated representative shall mutually petition the American Arbitration Association to provide both parties with a list of seven (7) names. The parties names from which an arbitrator shall select the arbitrator by the alternate strike method, with either party having the right to request a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance be selected and notified in accordance with the voluntary rules of the American Arbitration Association. The arbitrator shall hold All other procedures relative to the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be conducted in writing accordance with the rules and a copy sent to all parties present at the hearing. The decision regulations of the arbitrator shall be final and binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the American Arbitration Association. e. A grievance may be withdrawn at any level without prejudice or record.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Procedure. 1. Step One a. Step I The written grievance shall be presented to the unit member's immediate administrative supervisor by the unit member and/or OSEA/SEIU representative. If the immediate administrative supervisor believes he/she did not take the action complained of or does not have the authority to resolve the complaint, he/she will forward the grievance is not resolved by the informal procedure, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. See Appendix B. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days appropriate District administrator for resolution and will notify the unit member and OSEA/SEIU of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step I of the Grievance Report Form and returning a copy to the grievant, the Association and the Superintendent/ designeeforwarding. b. Either party may elect a Step II If the grievant is not satisfied with the disposition of the grievance at Step I, the grievant One meeting. Such meeting shall complete Grievance Report Form, and submit same to the Superintendent/designee be held within ten (10) days of the receipt of its disposition at Step 1. Within ten (10) days of receipt of the grievance form, grievance. The meeting will normally take place at the Superintendent/designee shall meet with unit member’s work site unless the parties mutually agree otherwise. Present at such meeting will be the grievant. Within five (5) days of the meeting, the Superintendent/designee shall write his/her disposition of the grievance by completing his/her portion of Step II, and forwarding a copy to the grievantrepresentative, the Association site manager or administrator and such other management representative the immediate supervisorDistrict may designate, providing such person(s) possess information necessary to resolve the grievance. c. Step III If The immediate administrative supervisor or administrator's (if the Step II procedure does not resolve grievance is forwarded) written answer to the grievance, the grievant, with the written concurrence of the Association, may grievance will be provided within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Boardclose of the Step One meeting. The parties shall contact If no meeting is held, the local FMCS office to mediate the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs site manager or administrator's written answer will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the grievant with the written concurrence of the Association may, provided within ten (10) days following the parties’ scheduled mediation or from the of receipt of the grievance. 2. Step II answerTwo a. If the immediate administrative supervisor or administrator's answer at Step One is unsatisfactory, request a hearing before an arbitrator by completing Grievance Report Form. The the grievant's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email with his/her representative, may appeal the decision to the Superintendent or his/her designee within fifteen (15) days of receipt of the answer. Such appeal shall include a copy of the Associationgrievance, the supervisor or administrator’s concurrence to the Office written response and a request for a meeting, if one is desired. If either party elects a meeting, it will be held within fifteen (15) days of receipt of the Superintendentappeal to Step Two. b. The meeting will normally take place at the unit member’s work site, unless the parties to this Agreement mutually agree otherwise. The grievant Present at such meeting will be the grievant, his/her representative, the Superintendent or his/her designated representative shall petition designee and such other management official(s) as the American Arbitration Association District designates, providing such management person(s) possess information necessary to provide both parties with a list of seven resolve the grievance. c. A written answer will be provided to the grievant within fifteen (715) names. The parties shall select the arbitrator by the alternate strike method, with either party having the right to request a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules days of the American Arbitration Association. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties present at the hearing. The decision close of the arbitrator shall be final and binding on the BoardStep Two meeting. If no meeting is held at Step Two, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any District's answer will be provided within fifteen (15) days of receipt of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the Associationappeal to Step Two. e. A grievance may be withdrawn at any level without prejudice or record.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Procedure. a. Step I If the grievance Association is not resolved 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 Appendix A, which shall be signed by the informal proceduregrievant. If an employee or employees are the grievants, or 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 elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Formor grievants. See Appendix B. A copy of this The grievance form shall be submitted 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 the 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, 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 dated and state the nature and date of the occurrence giving rise to the immediate supervisorgrievance, the specific provisions of the Agreement violated, misinterpreted or misapplied and a specific remedy requested. Within five The Principal shall, within ten (510) school days of receipt of the Grievance Report Formgrievance, indicate the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step I of the Grievance Report Form in writing and returning a copy thereof shall be delivered to the grievantgrievant and to the Association. If grievance filed is not a building specific grievance, the Association Grievant shall skip step one and the Superintendent/ designeeproceed to step two. b. Step II Two If the grievant is not satisfied with the Principal’s disposition of the grievance at Step Igrievance, or if no written disposition was made within the grievant shall complete Grievance Report Form, and submit same to the Superintendent/designee within 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 with the Superintendent within five (5) school days of said disposition or within fifteen (15) school days of the receipt of its disposition at Step 1. Within ten (10) days of receipt of the grievance formoriginal filing date, the Superintendent/designee whichever shall meet with the grievantbe later. Within five (5) school days of the meeting, the Superintendent/designee shall write his/her disposition receipt of the grievance by completing his/her portion of Step II, and forwarding a copy to the grievant, the Association and the immediate supervisor. c. Step III If the Step II procedure does not resolve the grievance, the grievant, Superintendent shall meet with the written concurrence of the Association, may within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation grievant and Conciliation Service (FMCS) with mutual agreement of the Board. The parties shall contact the local FMCS office to mediate discuss the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the grievant with the written concurrence of the Association may, within ten (10) days following the parties’ scheduled mediation or from the receipt of the Step II answer, request a hearing before an arbitrator by completing Grievance Report Form. The grievant's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email with a copy of the Association’s concurrence to the Office of the Superintendent. The grievant or his/her designated representative shall petition the American Arbitration Association to provide both parties with a list of seven (7) names. The parties shall select the arbitrator by the alternate strike method, with either party having the right to request a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules of the American Arbitration Association. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the Association. e. A grievance may be withdrawn at any level without prejudice or record.Within ten

Appears in 2 contracts

Samples: Master Contract, Master Contract

Formal Procedure. a. Step I 1 If the grievance is not resolved by the informal procedure, or if the grievant elects not to use may further pursue the grievance within five (5) days after the discussion at the informal procedure, it may be pursued further step by submitting a completed Grievance Report Form. See Appendix B. A copy formal grievance form with a written explanation of this form shall be submitted by the grievant grievance, citing the specific relief sought to the immediate supervisorsupervisor or appropriate administrator. Within five (5) days of after receipt of the Grievance Report Formform, the immediate supervisor or appropriate administrator shall meet with the grievant. The immediate supervisor or appropriate administrator shall write a disposition of the grievance and return a copy to the grievant within five ten (510) days after such meeting by completing Step I of the Grievance Report Form and returning a copy to the grievant, the Association and the Superintendent/ designeemeeting. b. Step II 2 If the grievant is not satisfied with the written disposition of the grievance at Step I1, the grievant shall complete Grievance Report Form, may appeal the grievance and submit same to request a meeting with the Superintendent/designee within five (5) days after receipt of the Step 1 written disposition by submitting a grievance report form which shall include a written explanation of the grievance citing the specific Section of this Agreement that has been violated and the relief sought. The meeting Step 3 If the grievant is not satisfied with the written disposition at Step 2, within ten (10) days the grievant may appeal the grievance and request a review before the Board. The request for a review shall be made in writing through the Superintendent who shall attach all related materials and forward the request to the Board. The Board, or a committee thereof, shall review the grievance and, upon request, shall hold a hearing with the employee. The Board’s action shall be based upon the recommendation of the Superintendent and the arguments presented by, or on behalf of, the employee. The Board shall render a decision within thirty (30) days upon receipt of its the grievance. The Board and Union may mutually agree to waive this Step of the grievance procedure. Whether this Step is waived or not, the parties may also by mutual agreement refer the case to grievance mediation before a federal mediator assigned through the Federal Mediation and Conciliation Service. Step 4 If the grievant is not satisfied with the written disposition at Step 1. Within ten (10) days of receipt of the grievance form3, the Superintendent/designee Union shall meet have the right to appeal the dispute to an impartial arbitrator in accordance with the grievant. Within five (5) days arbitration rules of the meeting, the Superintendent/designee shall write his/her disposition of the grievance by completing his/her portion of Step II, and forwarding a copy to the grievant, the Association and the immediate supervisor. c. Step III If the Step II procedure does not resolve the grievance, the grievant, with the written concurrence of the Association, may within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Board). The parties shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the Such appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may must be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the grievant with the written concurrence of the Association may, taken within ten (10) working days following the parties’ scheduled mediation or from the after receipt of the Step II answer, response from the Board by filing a notice with the Superintendent and the Union shall request a hearing before an arbitrator by completing Grievance Report Form. The grievant's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email with a copy of the Association’s concurrence to the Office of the Superintendent. The grievant or his/her designated representative shall petition the American Arbitration Association to provide both parties with a list panel of seven (7) namesarbitrators from FMCS. The parties shall select Either party has the arbitrator by the alternate strike method, with either party having the right to request option of demanding that FMCS furnish a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules of the American Arbitration Associationpanel. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may will be agreed upon. The decision shall be in writing and selected by each party alternately striking a copy sent to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the Associationname until a single name remains. e. A grievance may be withdrawn at any level without prejudice or record.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Formal Procedure. a. 1. Step I One - If the grievance is not resolved by the informal procedure, or if the grievant elects not to use the informal procedure, it may be pursued (pursued) further by submitting a completed Grievance Report Form. See Appendix B. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five three (53) days after such meeting by completing Step I of the Grievance Report Form and returning a copy to the grievant, the Association Association, and the Superintendent/ designeeSuperintendent. b. 2. Step II Two - If the grievant is not satisfied with the disposition of the grievance at in Step I1, the grievant shall complete the Grievance Report Form, Step II, and submit the same to the Superintendent/designee Superintendent within ten (10) days of the receipt of its disposition at Step 1. I. Within ten (10) days of receipt of the grievance form, the Superintendent/designee Superintendent shall meet with the grievant. Within five (5) days of the meeting, the Superintendent/designee Superintendent shall write his/her a disposition of the grievance by completing his/her portion Step II of Step II, the Grievance Report Form and forwarding a copy to the grievant, the Association Association, and the immediate supervisorImmediate Supervisor. c. 3. Step III Three – If the grievant is not satisfied with the disposition of the grievance in Step II procedure does not resolve the grievanceII, the grievant, grievant shall file a written appeal with the written concurrence Treasurer of the Association, may Board within ten (10) days appeal of the grievance to Grievance Mediation with receipt of its disposition at Step II. At the Federal Mediation and Conciliation Service (FMCS) with mutual agreement next regular or special meeting of the Board. The parties , the Board shall contact meet with the local FMCS office grievant and the Association representative in an executive session for the grievant to mediate present the rationale of his/her grievance. The parties will hold a mediation session as soon as practicable following Board shall have the selection of a mediator, but in no event more than thirty (30) calendar days from right to request the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board and the Association. As presence of the date of Superintendent and/or the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the grievant with the written concurrence of the Association may, within Immediate Supervisor. Within ten (10) days following of such a meeting, the parties’ scheduled mediation or from the receipt of the Step II answer, request Board shall send a hearing before an arbitrator by completing Grievance Report Form. The grievant's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email with a copy of the Association’s concurrence written response to the Office of the Superintendent. The grievant or his/her designated representative grievant; copies shall petition the American Arbitration Association also be provided to provide both parties with a list of seven (7) names. The parties shall select the arbitrator by the alternate strike method, with either party having the right to request a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules of the American Arbitration Association. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the Board, the Association, to the Superintendent and to the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the AssociationImmediate Supervisor. e. A grievance may be withdrawn at any level without prejudice or record.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Formal Procedure. a. Step I I: If the grievance is not resolved by within five (5) days of the informal procedure, or if the grievant elects not to use the informal procedureclaim, it may be pursued further by submitting a completed Grievance Report Form, Step I (See Section 16.06), in duplicate. See Appendix B. A copy Copies of this form shall be submitted by the grievant to the immediate supervisorsupervisor and to the chairperson of the Association Grievance Committee. Within five three (53) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five three (53) days after such meeting meetings by completing Step I of the Grievance Report Form and returning a copy to the grievantGrievant, the Association and the Superintendent/ designeeSuperintendent. b. Step II II: If the grievant is not satisfied with the disposition of the grievance at in Step I, the grievant shall within five (5) days complete Grievance Report Form, Step II (See Section 16.06) and submit same to the SuperintendentSuperintendent or his/designee within ten her designee, as long as he/she is not the principal or immediate supervisor involved in Step I. Within five (105) days of the receipt of its disposition at Step 1. Within ten (10) school days of receipt of the grievance formGrievance Form, the SuperintendentSuperintendent or his/her designee shall meet with the grievant. Within five three (53) days of the this meeting, the SuperintendentSuperintendent or his/her designee shall write his/her disposition of the grievance by completing his/her portion of Step II, and forwarding a copy to the grievant, the Association and the immediate supervisor. c. Step III III: If the Step II procedure does grievant is not resolve the grievance, the grievant, satisfied with the written concurrence of the Association, may within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Board. The parties shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps disposition of the grievance procedure by the Superintendent or if either party chooses not to participate in mediationhis/her designee at Level II, then the grievant with the written concurrence of the Association may, within ten (10) days following the parties’ scheduled mediation or from the receipt of the Step II answer, may request a hearing before an arbitrator by completing Grievance Report Form, Step III (See Section 16.06). The grievant's ’s request for arbitration shall be made within five (5) days following the receipt of the disposition of grievance in writing and hand- delivered or sent Step II. The grievant’s request for arbitration shall be by certified mail, mail with return receipt, or email with a copy receipt requested to the Treasurer. Within five (5) days following receipt of the Associationgrievant’s concurrence to request for arbitration by the Office of Treasurer, the Superintendent. The grievant Board or his/her its designated representative and the grievant shall mutually petition the American Arbitration Association to provide both parties with a list of seven (7) names. The parties shall select the arbitrator by the alternate strike method, with either party having the right to request a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules of the American Arbitration Association. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the Association. e. A grievance may be withdrawn at any level without prejudice or record.nine

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Procedure. a. Step I If the grievance is not resolved by the informal procedure, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. See Appendix B. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step I of the Grievance Report Form and returning a copy to the grievant, the Association and the Superintendent/ designee. b. Step II If the grievant is not satisfied with the disposition of the grievance at Step I, the grievant shall complete Grievance Report Form, and submit same to the Superintendent/designee within ten (10) days of the receipt of its disposition at Step 1. Within ten (10) days of receipt of the grievance form, the Superintendent/designee shall meet with the grievant. Within five (5) days of the meeting, the Superintendent/designee shall write his/her their disposition of the grievance by completing his/her their portion of Step II, and forwarding a copy to the grievant, the Association and the immediate supervisor. c. Step III If the Step II procedure does not resolve the grievance, the grievant, with the written concurrence of the Association, may within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Board. The parties shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the grievant with the written concurrence of the Association may, within ten (10) days following the parties’ scheduled mediation or from the receipt of the Step II answer, request a hearing before an arbitrator by completing Grievance Report Form. The grievant's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email with a copy of the Association’s concurrence to the Office of the Superintendent. The grievant or his/her their designated representative shall petition the American Arbitration Association to provide both parties with a list of seven (7) names. The parties shall select the arbitrator by the alternate strike method, with either party having the right to request a second list. Once the arbitrator has been selected, he/she they shall conduct a hearing on the grievance in accordance with the rules of the American Arbitration Association. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her their opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the Association. e. A grievance may be withdrawn at any level without prejudice or record.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Procedure. a. Step I If Any member or group of members using the grievance procedure, excluding the Informal Step, shall have the right to be represented by a person of his/her/their choosing. The union shall have the right to evaluate any formal grievance for verification that it is an acceptable grievance under the terms of the written agreement. STEP ONE 1. Within five (5) days after the response from the immediate supervisor at the Informal Level of the grievance, the grievance will be reduced to writing, on a form provided by the Board, and the grievant will present it to his/her immediate supervisor. Such form shall be in compliance with the substantive requirements of this procedure. 2. The Grievance Form shall be dated and initialed by the immediate supervisor upon receipt. 3. Within five (5) days after the grievance is not resolved submitted, the supervisor will discuss the grievance with the employee involved and attempt to resolve it. Discussions at this step and any further step shall be confined to the issues as written and stated on the Grievance Forms; and to the relief sought. The supervisor may be accompanied by a person of his/her choice. 4. Within five (5) days after this meeting, the informal proceduresupervisor will state his/her decision, or if in writing, on the Grievance Form and provide a copy to the grievant. STEP TWO 1. If the grievant elects is not to use satisfied with the informal proceduredecision concerning his/her grievance made at Step 1, it the bargaining unit member may be pursued further by submitting a completed Grievance Report Form. See Appendix B. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within within five (5) days of receipt of the Grievance Report Formimmediate supervisor’s decision, request the immediate supervisor shall meet with to forward the grievantgrievance to the Superintendent. The immediate supervisor superintendent shall write schedule a disposition hearing within five (5) days of receipt of the grievance within or at a mutually agreed to time, and shall notify the grievant of the time and place of such hearing. The Superintendent and/or his/her designated representative will conduct the hearing. The designated representative may be an outside consultant not in the employ of the Board. At his/her discretion, the Superintendent may request other administrators to attend this hearing. 2. Within five (5) days after such meeting by completing Step I hearing, the Superintendent shall notify the grievant of the Grievance Report Form and returning a copy to the grievant, the Association and the Superintendent/ designee.decision in writing. STEP THREE b. Step II 1. If the grievant is not satisfied with the disposition of the grievance at Step I2, the grievant may request a hearing before an arbitrator. The grievant’s request for arbitration shall complete Grievance Report Form, and submit same be made within five (5) days following the receipt of the disposition of the grievance. The grievant’s request for arbitration shall be by certified mail with return receipt requested to the Superintendent/designee within ten (10) days of the receipt of its disposition at Step 1. Within ten (10) days of receipt Such request for arbitration of the grievance formshall specify the act or condition upon which the grievance is based, the Superintendent/designee shall meet with names and addresses of the grievantparties, the contractual clause(s) alleged to have been misinterpreted or misapplied, and the remedy sought. Within five (5) days following receipt of the meetinggrievant’s request for arbitration, the Superintendent/designee shall write Superintendent or his/her disposition of the grievance by completing his/her portion of Step II, and forwarding a copy to the grievant, the Association designated representative and the immediate supervisor. c. Step III If the Step II procedure does not resolve the grievance, the grievant, with the written concurrence of the Association, may within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Board. The parties shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the grievant with the written concurrence of the Association may, within ten (10) days following the parties’ scheduled mediation or from the receipt of the Step II answer, request a hearing before an arbitrator by completing Grievance Report Form. The grievant's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email with a copy of the Association’s concurrence to the Office of the Superintendent. The grievant or his/her designated representative shall mutually petition the American Arbitration Association (AAA) to provide both parties with a list of seven (7) namesnames from which an arbitrator will be selected. The If the parties shall select cannot agree on the arbitrator by selection of the alternate strike methodarbitrator, with either party having the right to may request a second listlist of seven (7) names which may be selected by the alternative strike method and notified in accordance with the rules of the AAA. The toss of a coin shall determine who strikes first. 2. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the advisory rules and regulations of the American Arbitration AssociationAAA. 3. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the Board, the Association, and the grievantbinding. 4. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement Contract, nor add to, detract from, from or modify the language therein, nor substitute therein in arriving at his/her opinion for decision concerning any issue presented that is proper within the limitations expressed herein and any remedy granted shall be strictly fashioned to further the express intent of the evaluatorparties to this Contract. The costs arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for the arbitrator arbitration and the hearing room shall be shared equally by the employer and the Associationhave no authority to decide any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion in reaching his/her decision. e. A grievance may be withdrawn at any level without prejudice or record.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Procedure. a. Step I If at the end of twenty (20) school days following the event that precipitates the grievance, or the date of first knowledge of its occurrence by any employee affected by it, the grievance is not presented at Level One of the procedure set forth in this Section, the grievance shall be waived; and any grievance in course under procedure shall also be deemed to have been waived if the action required to present it to the next level of a procedure shall not have been taken within the time specified therefore in this section. Level One - An employee with a grievance will first present it in writing to the building principal or immediate supervisor with or without the Association’s School Representative, with the objective of resolving the matter informally. Level Two- If, at the end of ten (10) school days next following such presentation, the grievance is not resolved by the informal procedure, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. See Appendix B. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Formemployee’s satisfaction, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance employee may, within five (5) school days thereafter, file a written statement of grievance with the Superintendent. The employee may file a copy of the grievance with the Chairman of the Association’s Professional Rights and Responsibilities Committee if they so desire. Within ten (10) school days after such meeting by completing Step I receipt of the Grievance Report Form and returning a copy to the grievantgrievance, the Association and Superintendent will meet with the Superintendent/ designee. b. Step II employee in an effort to settle the grievance. Level Three- If the grievant employee is not satisfied with the disposition of the his/her grievance at Step I, the grievant shall complete Grievance Report Form, and submit same to the Superintendent/designee Level Two or if no decision has been rendered within ten (10) school days after he/she has first met with the Superintendent, he/she may file the grievance in writing with the Chairman of the receipt Professional Rights and Responsibilities Committee within five (5) school days after a decision by the Superintendent, or fifteen (15) school days after he/she has first met with the Superintendent, whichever is sooner. Within five (5) school days after receiving the written grievance, the Chairman of its disposition the Professional Rights and Responsibilities Committee will refer it to at Step 1least three members of the School Committee, appointed by the Chairman. Within ten (10) school days of receipt of after receiving the grievance formwritten grievance, the Superintendent/designee shall School Committee will meet with the grievant. Within five (5) days employee and the Chairman of the meetingProfessional Rights and Responsibilities Committee if the employee so desires, for the Superintendent/designee shall write his/her disposition purpose of resolving the grievance. Level Four- If the grievance is not resolved to the satisfaction of the grievance by completing his/her portion of Step II, employee and forwarding a copy to the grievant, the Association and the immediate supervisor. c. Step III If the Step II procedure does not resolve the grievance, the grievant, with the written concurrence of the Association, may within ten (10) school days appeal of the grievance to Grievance Mediation meeting with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Board. The parties shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session School Committee as soon as practicable following the selection of a mediatorrequired by Level Three above, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the grievant with the written concurrence of the Association may, within ten (10) school days, submit the grievance to binding arbitration. The Association shall notify the Committee in writing of its intention to arbitrate within the aforementioned ten (10) school days. In the event the Association submits a grievance to arbitration, the arbitrator shall be selected according to and governed by the following procedure: The arbitrator is to be mutually selected by the Committee and the Association. If the Committee and the Association cannot agree within ten (10) school days following the parties’ scheduled mediation or from the receipt after written notice specified above of the Step II answerintention to arbitrate, then the party demanding arbitration shall, within ten (10) school days thereafter, request a hearing before an arbitrator by completing Grievance Report Form. The grievant's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email with a copy of the Association’s concurrence to the Office of the Superintendent. The grievant or his/her designated representative shall petition the American Arbitration Association to provide both parties with a list panel of seven (7) namesarbitrators. Said arbitrator is then to be selected under the provisions of the Voluntary Labor Arbitration Rules, now, or hereafter, in effect. The parties Voluntary Labor Arbitration Rules shall select also govern the arbitrator by the alternate strike method, with either party having the right to request a second listprocedure at any arbitration hearing. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules The fees of the American Arbitration Association and of the arbitrator and the expense of any required hearing shall be shared equally by the Committee and the Association, but each party shall bear the expenses of its representative, participants, witnesses, and for the preparation and representation of its own case. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision Arbitrator’s award shall be in writing and a copy sent to all parties present at the hearingshall set forth his finding of fact with reasoning and conclusions. The Arbitrator shall arrive at his decision of solely upon the arbitrator shall be final and binding on the Boardfacts, the Associationevidence, and contentions presented by the grievantparties through the arbitration proceedings. The arbitrator shall not have the authority no power to add to, subtract from, modify, change or alter modify any of the terms of this Agreement. Subject to the foregoing, the decision of the arbitrator shall be submitted to the School Committee and the Association and shall be final and binding upon the Committee, the Association, and the teacher or group of teachers who initiated the grievance. The parties may, by mutual agreement, submit more than one pending grievance to the same arbitrator. Chapter 186 of the Acts of 1988 shall not apply to any provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluatorgrievance procedure referenced above. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the Association. e. A grievance may be withdrawn at any level without prejudice or record.2017-2018 2% Increase 2018-2019 2% Increase 2019-2020 2.25% Increase

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Procedure. a. Step I 1. LEVEL ONE If the discussion does not resolve the grievance to the satisfaction of the bargaining unit member, such member of the bargaining unit shall have the right to lodge a written grievance with such bargaining unit member’s Principal or Immediate Supervisor, within ten (10) days of the Principal’s or Immediate Supervisor’s response. The written grievance shall be on a standard form supplied by the Board (Appendix B) and shall contain a concise statement of the facts upon which the grievance is not resolved by based and a reference to the informal procedure, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Formspecific provision. See Appendix B. A copy of this form such grievance shall be submitted by filed with the Association and the Superintendent. The grievant shall have a right to a hearing before the immediate supervisorBuilding Principal or Immediate Supervisor. Within Such hearing shall be conducted within five (5) days after the receipt of such request. A good faith effort will be made to schedule this meeting at a mutually beneficial time. The hearing will not take place outside of the bargaining unit member’s regular workday and a good faith effort will be made to limit the disruption to the bargaining unit member’s class schedule. The bargaining unit member shall have the right to be represented at such hearing by counsel or by an Association representative. The Building Principal or Immediate Supervisor shall take action on the written grievance within five (5) days after the conclusion of said hearing. The action taken and the reasons for the action shall be reduced to writing and copies sent to the grievant, the Association, and the Superintendent. 2. LEVEL TWO a. If the action taken by the Building Principal or Immediate Supervisor does not resolve the grievance to the satisfaction of the grievant, such grievant may appeal in writing to the Superintendent. Failure to file such appeal within ten (10) days from receipt of the Grievance Report Formwritten memorandum of the Principal’s action on said grievance, shall be deemed a waiver of the immediate supervisor right to appeal. Upon request, a hearing shall meet with be conducted by the grievantSuperintendent within ten (10) days after the receipt of the request. The immediate supervisor grievant shall write a disposition have the right to be represented at such hearing by counsel or by an Association representative. b. The Superintendent shall take action on the appeal of the grievance within five (5) days after such meeting by completing Step I receipt of the Grievance Report Form appeal, or if a hearing is requested within five (5) days after the conclusion of said hearing. The action taken and returning a copy the reasons for the action shall be reduced to writing and copies sent to the grievant, the Association and the Superintendent/ designeeBuilding Principal (if applicable). 3. LEVEL THREE a. If the action taken by the Superintendent does not resolve the grievance to the satisfaction of the grievant and the Association, such grievant may appeal in writing to the Board. The notice of appeal shall be sent to the Superintendent and a copy filed with the Board Treasurer. Failure to file such appeal within ten (10) days from the receipt of the written memorandum of the Superintendent’s action on said grievance, shall be deemed a waiver of the right to appeal. The Superintendent shall place the matter on the agenda for the next regular meeting of the Board. If the Board meeting is less than one (1) day from the request, the hearing may be delayed until the next Board meeting. Either party may request an Executive Session for a hearing on the matter. The grievant shall have the right to be represented at such meeting by counsel or by a representative of the Association. b. Step II If the grievant is not satisfied with the disposition of the grievance at Step I, the grievant The Board shall complete Grievance Report Form, and submit same to the Superintendent/designee act within ten (10) days of the receipt of its disposition at Step 1hearing. Within ten (10) days of receipt The Board’s action shall be based upon the arguments presented. Copies of the grievance form, the Superintendent/designee action shall meet with the grievant. Within five (5) days of the meeting, the Superintendent/designee shall write his/her disposition of the grievance by completing his/her portion of Step II, and forwarding a copy be sent to the grievant, the Association Superintendent, Building Principal, and the immediate supervisorAssociation. c. Step III 4. LEVEL FOUR a. If the Step II procedure action taken by the Board does not resolve the grievance, grievance to the satisfaction of the grievant, such grievant, through and with the written concurrence approval of the Association, may within ten (10) days appeal the grievance decision to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Boardarbitration. The parties This shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed be initiated by the parties. In the event there are costs and expenses which may be incurred grievant, in securing and utilizing the services of a mediatorwriting, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the grievant with the written concurrence of the Association may, within ten (10) days following the parties’ scheduled mediation or from the receipt of the Step II answer, request a hearing before an arbitrator by completing Grievance Report Form. The grievant's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email with a copy of the Association’s concurrence to the Office of the Superintendent. The grievant or his/her designated representative arbitrator shall petition be selected from a list supplied by the American Arbitration Association (AAA). All procedures relative to provide both parties with a list of seven (7) names. The parties arbitration shall select be according to the arbitrator by the alternate strike method, with either party having the right to request a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules Voluntary Rules and Regulations of the American Arbitration Association. The arbitrator shall hold Association at the necessary hearing promptly and issue time the decision within such time as may be agreed uponmatter is submitted to AAA. The decision shall is to be rendered in writing and a copy sent writing, with copies to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the BoardSuperintendent, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any Cost of the provisions arbitration shall be determined by the arbitrator as part of this Collective Bargaining Agreement nor add tothe decision. Cost of transcripts shall be paid by the party ordering the transcripts, detract fromand additional copies of the transcript shall be paid by the person(s) ordering said copies. All parties agree to abide by the decision rendered by the hearing officer unless the opinion is challenged by any party to the Contract in a court of law, and the decision is altered, changed, or modify the language therein, nor substitute his/her opinion reversed. b. All demands for that arbitration must be filed within twenty (20) days of receipt of written notice of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the AssociationBoard’s decision. e. A grievance may be withdrawn at any level without prejudice or record.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Procedure. a. Step I If Applicable Administrator - Level I A. Should the grievance is not resolved by grievant be unwilling to accept the outcome of the informal procedure, or if the said grievant elects not to use the informal procedure, it may be pursued further by submitting file a completed Grievance Report Form. See Appendix B. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet formal grievance with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step I of the Grievance Report Form and returning a copy to the grievant, the Association and the Superintendent/ designee. b. Step II If the grievant is not satisfied with the disposition of the grievance at Step I, the grievant shall complete Grievance Report Form, and submit same to the Superintendent/designee applicable administrator within ten (10) school days of following the receipt of its disposition at Step 1informal decision. Within ten (10) school days of receipt of the grievance form, the Superintendent/designee shall meet with the grievant. Within five (5) days of the meeting, the Superintendent/designee shall write his/her disposition of the grievance by completing his/her portion of Step II, and forwarding a copy to the grievant, the Association and the immediate supervisor. c. Step III If the Step II procedure does not resolve the written grievance, said administrator shall schedule a hearing on the grievant, with the written concurrence of the Association, may matter. Said hearing shall be concluded within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Board. The parties shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar school days from the appeal date unless mutually agreed by the partiesgrievance is filed. In Within ten (10) school days from the event there are costs and expenses which may be incurred in securing and utilizing conclusion of said hearing, said administrator shall submit a written decision to the services of a mediator, such costs will be shared by the Board grievant and the Association. As Said decision shall contain supporting reasons and rationale. B. If the grievant has elected to waive the informal procedure, said grievance must be filed in writing with the applicable administrator within ten (10) school days from the date the grievant first became aware of the date complaint. The procedure to be followed shall be specified in 4. A. above. Superintendent - Level II C. Should the grievant be unwilling to accept the decision of the written agreement to submit the grievance to mediationadministrator as specified above, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the said grievant with the written concurrence of the Association may, within ten (10) school days following the parties’ scheduled mediation or from the receipt of said decision, forward the Step II answer, request a hearing before an arbitrator by completing Grievance Report Form. The grievant's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email with a copy of the Association’s concurrence grievance to the Office of the Superintendent. The grievant or his/her designated representative shall petition Superintendent shall, within ten (10) school days of receipt of the American Arbitration Association to provide both parties with a list of seven (7) names. The parties shall select the arbitrator by the alternate strike methodwritten grievance, with either party having the right to request a second list. Once the arbitrator has been selected, he/she shall conduct schedule a hearing on the grievance in accordance with matter. Said hearing shall be concluded within ten (10) school days. Within ten (10) school days from the rules conclusion of said hearing, said Superintendent shall submit a written decision to the American Arbitration grievant and the Association. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The Said decision shall contain supporting reasons and rationale. Board of Trustees - Level III D. Should the grievant be in writing and a copy sent unwilling to all parties present at accept the hearing. The decision of the arbitrator shall be final and binding Superintendent as specified above, said grievant may, within ten (10) school days from receipt of said decision, forward the grievance to the Board of Trustees. The Board of Trustees shall, within ten (10) school days of receipt of the written grievance, schedule a hearing on the matter at either a special meeting with the Board but in no event later than the next regularly scheduled meeting of the Board. Within ten (10) school days from the conclusion of said hearing, the Association, and Board of Trustees shall submit a written decision to the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer grievant and the Association. Said decision shall contain supporting reasons and rationale. e. A grievance may be withdrawn at any level without prejudice or record.

Appears in 1 contract

Samples: Master Contract

Formal Procedure. a. A. Step I 1 – If the grievance matter is not resolved by informally, a grievant may submit a written grievance, which must be on the informal procedureform shown in Appendix C of this Agreement to their immediate supervisor, or if provided they do so not later than the twentieth (20th) calendar day after the date of the occurrence out of which the grievance arose. A meeting between the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. See Appendix B. A copy of this form and immediate supervisor shall be submitted by held within ten (10) calendar days to discuss the grievance if either requests it. The immediate supervisor shall give a written answer to the grievant not later than the tenth (10th) calendar day after the day on which the grievance was submitted to the immediate supervisorthem if no grievance meeting was requested. Within five (5) days of receipt of the Grievance Report FormIf a grievance meeting was requested, the immediate supervisor shall meet with give a written answer to the grievant. The immediate supervisor shall write a disposition grievant not later than the tenth (10th) calendar day after the day of the grievance within five (5) days after such meeting by completing Step I of the Grievance Report Form and returning a copy to the grievant, the Association and the Superintendent/ designeemeeting. b. B. Step II 2 – If the grievant is not satisfied with the disposition of the grievance answer at Step I1, the grievant shall complete Grievance Report Form, and submit same may appeal in writing to the Superintendent/designee B&ECPL Chief Operating Officer, or their designee, provided the grievant does so within ten (10) calendar days of the receipt of its disposition at day on which the Step 11 answer was given. Within ten (10) days of receipt of the grievance formThe B&ECPL Chief Operating Officer, the Superintendent/designee shall or their designee, will meet with the grievantgrievant and their representative, if any, not later than the tenth (10th) calendar day after the day on which the written grievance was presented to them. Within five Not later than the tenth (510th) days of calendar day after the meetingday on which the meeting takes place, the Superintendent/designee B&ECPL Chief Operating Officer, or their designee, shall write his/her disposition of present the grievant and their representative, if any, the CMU President and NYSUT Labor Relations Specialist, their written decision on the grievance. Grievances involving all or substantially all the members in the negotiating unit may be presented by the CMU directly at Step 2. C. Step 3 – Arbitration – If the CMU is not satisfied with the decision at Step 2, it may submit the grievance by completing his/her portion of Step II, and forwarding to arbitration. To submit such a copy grievance to the grievantarbitration, the Association and the immediate supervisor. c. Step III If the Step II procedure does not resolve the grievanceCMU must, the grievant, with the written concurrence of the Association, may within ten (10) calendar days appeal of the grievance Step 2 answer, send a letter to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of and a copy to the BoardB&ECPL Chief Operating Officer. The parties letter shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit specifically identify the grievance to mediation, be submitted and shall request the timeline for appealing FMCS to send to the Step IV shall be stayed until CMU and to the end B&ECPL Chief Operating Officer a list of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps names of the grievance procedure or if either party chooses not to participate in mediation, then the grievant with the written concurrence of the Association may, within seven arbitrators. Within ten (10) calendar days following the parties’ scheduled mediation or from the receipt of the Step II answerday both parties have received their copy of the list, request the B&ECPL Chief Operating Officer, or their designee, and a hearing before representative of the CMU shall meet to select an arbitrator by completing Grievance Report Formalternately striking off one name from the list the last name remaining on said list being the arbitrator. If either party finds the initial list of arbitrators provided by FMCS to be unacceptable, the parties agree that a second list will be requested. The grievant's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email with a copy of the Associationarbitrator’s concurrence to the Office of the Superintendent. The grievant or his/her designated representative shall petition the American Arbitration Association to provide both parties with a list of seven (7) names. The parties shall select the arbitrator by the alternate strike method, with either party having the right to request a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules of the American Arbitration Association. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the Board, the Association, upon all parties and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the Associationmembers. e. A grievance may be withdrawn at any level without prejudice or record.

Appears in 1 contract

Samples: Settlement Agreement

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Formal Procedure. a. 1. Step I 1 If the informal action does not resolve the grievance is not resolved by the informal procedure, or if satisfactorily the grievant elects not shall have the right to use lodge a written grievance per appendix C with his/her immediate supervisor within six (6) teaching days following the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. See Appendix B. A copy verbal response of this form shall be submitted by the grievant to the immediate supervisor. Within five If such grievance is not lodged within six (56) teaching days following the conclusion of the informal action above, the right to proceed with the grievance procedure for this incident is waived. The written grievance shall be a concise statement of the facts upon which the grievance is based and a reference to the specific section of the negotiated agreement which is allegedly violated. A copy of such grievance shall be filed by the grievant with the Director of Schools and the Association. A response shall be made by the immediate supervisor within six (6) teaching days after the receipt of said grievance by the immediate supervisor to the Director of Schools and the Association. 2. Step 2 If the grievant is not satisfied with the disposition of the grievance in Step I, such grievant may appeal within six (6) teaching days after the receipt of the Grievance Report Form, decision of the immediate supervisor in Step I, to the Director of Schools per Appendix C. At the request of either party to the grievance, within six (6) teaching days, the Director of Schools shall meet with the grievant. The immediate supervisor grievant and his representative, if such representative is requested, and shall write a indicate the disposition of the grievance in writing within five six (56) teaching days after of such meeting by completing Step I of the Grievance Report Form and returning shall furnish a copy thereof to the grievant, the Association his/her immediate supervisor and the Superintendent/ designeeAssociation. b. 3. Step II 3 If the grievant is not satisfied with the disposition of the grievance at Step I2, such grievant may appeal within six (6) teaching days after the receipt of the decision of the Director of Schools in Step 2 per Appendix C to the Board and request a hearing at the next regularly scheduled Board meeting. Copies of such notice of appeal shall be sent to the grievant’s immediate supervisor, the grievant shall complete Grievance Report FormDirector of Schools, and submit same to the Superintendent/designee Association. The Board shall render a decision in writing within ten (10) teaching days of after the receipt of its disposition at Step 1the appeal. Within ten (10) days of receipt Copies of the grievance form, the Superintendent/designee decision shall meet with the grievant. Within five (5) days of the meeting, the Superintendent/designee shall write his/her disposition of the grievance by completing his/her portion of Step II, and forwarding a copy be sent to the grievant, the Association greivant’s immediate supervisor, the Director of Schools, and the immediate supervisorAssociation. c. 4. Step III 4 If the Association is not satisfied with the decision rendered after the hearing in Step II procedure does not resolve 3 by the grievanceBoard, the grievantgrievance may be submitted for arbitration. The Association shall, with within five (5) teaching days after the written concurrence receipt of the Association, may within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement decision of the Board. The parties shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by notify the Board and the Association. As of the date of the written agreement its intent to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation sessionadvisory arbitration. d. Step IV In the event the grievance has not been satisfactorily resolved a. The parties will select, by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the grievant with the written concurrence of the Association may, within ten (10) days following the parties’ scheduled mediation or from the receipt of the Step II answer, request a hearing before mutual agreement; an arbitrator by completing Grievance Report Form. The grievant's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email with a copy of the Association’s concurrence to the Office of the Superintendent. The grievant or his/her designated representative shall petition the American Arbitration Association to provide both parties with a list of seven (7) names. The parties shall select the arbitrator by the alternate strike method, with either party having the right to request a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules of the American Arbitration Association. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the Association. e. A grievance may be withdrawn at any level without prejudice or record.thirty

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. a. Step I If at the end of twenty (20) school days following the event that precipitates the grievance, or the date of first knowledge of its occurrence by any employee affected by it, the grievance is not presented at Level One of the procedure set forth in this Section, the grievance shall be waived; and any grievance in course under procedure shall also be deemed to have been waived if the action required to present it to the next level of a procedure shall not have been taken within the time specified therefore in this section. Level One - An employee with a grievance will first present it in writing to the building principal or immediate supervisor with or without the Association’s School Representative, with the objective of resolving the matter informally. Level Two- If, at the end of ten (10) school days next following such presentation, the grievance is not resolved by the informal procedure, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. See Appendix B. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Formemployee’s satisfaction, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance employee may, within five (5) school days thereafter, file a written statement of grievance with the Superintendent. The employee may file a copy of the grievance with the Chairman of the Association’s Professional Rights and Responsibilities Committee if they so desire. Within ten (10) school days after such meeting by completing Step I receipt of the Grievance Report Form and returning a copy to the grievantgrievance, the Association and Superintendent will meet with the Superintendent/ designee. b. Step II employee in an effort to settle the grievance. Level Three- If the grievant employee is not satisfied with the disposition of the his/her grievance at Step I, the grievant shall complete Grievance Report Form, and submit same to the Superintendent/designee Level Two or if no decision has been rendered within ten (10) school days after he/she has first met with the Superintendent, he/she may file the grievance in writing with the Chairman of the receipt Professional Rights and Responsibilities Committee within five (5) school days after a decision by the Superintendent, or fifteen (15) school days after he/she has first met with the Superintendent, whichever is sooner. Within five (5) school days after receiving the written grievance, the Chairman of its disposition the Professional Rights and Responsibilities Committee will refer it to at Step 1least three members of the School Committee, appointed by the Chairman. Within ten (10) school days of receipt of after receiving the grievance formwritten grievance, the Superintendent/designee shall School Committee will meet with the grievant. Within five (5) days employee and the Chairman of the meetingProfessional Rights and Responsibilities Committee if the employee so desires, for the Superintendent/designee shall write his/her disposition purpose of the grievance by completing his/her portion of Step II, and forwarding a copy to the grievant, the Association and the immediate supervisor. c. Step III If the Step II procedure does not resolve the grievance, the grievant, with the written concurrence of the Association, may within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Board. The parties shall contact the local FMCS office to mediate resolving the grievance. The parties will hold a mediation session as soon as practicable following Level Four- If the selection grievance is not resolved to the satisfaction of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board employee and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the grievant Association with the written concurrence of the Association may, within ten (10) days following the parties’ scheduled mediation or from the receipt of the Step II answer, request a hearing before an arbitrator by completing Grievance Report Form. The grievant's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email with a copy of the Association’s concurrence to the Office of the Superintendent. The grievant or his/her designated representative shall petition the American Arbitration Association to provide both parties with a list of seven (7) names. The parties shall select the arbitrator by the alternate strike method, with either party having the right to request a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules of the American Arbitration Association. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the Association. e. A grievance may be withdrawn at any level without prejudice or record.ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. a. Step I 1: Senior Manager/Trial Court Administrator A grievance shall be submitted in writing to the Senior Manager/Trial Court Administrator or his/her designee; copy to the local Human Resources Manager, within thirty (30) business days from when the grievant knew or should reasonably have known of the action being grieved. Grievances may be submitted by fax, email, or hand delivery; electronic signatures are permissible. For purposes of the Grievance Procedure, an email sent by a Management or Union Representative from their address constitutes an electronic signature. Acknowledgement by management will be sent to the filing party. A meeting shall be scheduled between the grievant and the Senior Manager/Trial Court Administrator or designee within ten (10) business days of receipt of the grievance. Said meeting may include the presentation of documentary evidence and such supporting proofs, including statements (written or oral). A written disposition of the grievance shall be given to the grievant within five (5) business days of the meeting. A copy of the disposition shall be forwarded to the Union and the Chief of Labor and Employee Relations of the Administrative Office of the Courts. The Union shall be immediately notified by the employer of all written grievances. Union consent is needed to resolve all grievances above Step 1, unless waived by failure to appear after receiving notice of a meeting. B. Step 2: Counsel’s Office/Hearing Officer If the grievance is not resolved by the informal at Step 1 of this procedure, then the Union, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. See Appendix B. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step I of the Grievance Report Form and returning a copy to the grievant, the Association and the Superintendent/ designee. b. Step II If the grievant is not satisfied with the disposition of the grievance at Step I, the grievant shall complete Grievance Report Form, and submit same to the Superintendent/designee within ten (10) days of the receipt of its disposition at Step 1. Within ten (10) days of receipt of the grievance form, the Superintendent/designee shall meet with the grievant. Within five (5) days of the meeting, the Superintendent/designee shall write his/her disposition of the grievance by completing his/her portion of Step II, and forwarding a copy to the grievant, the Association and the immediate supervisor. c. Step III If the Step II procedure does not resolve the grievance, the grievant, with the written concurrence of the Association, may within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Board. The parties shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the grievant with the written concurrence consent of the Association Union, may, within ten (10) business days following the parties’ scheduled mediation or from the of receipt of the disposition of Step II answer1, request or if no disposition or decision has been made, within twenty (20) business days of the presentation of the Step 1 grievance, submit the grievance to the Counsel to the Administrative Director of the AOC. A hearing shall be scheduled by the Counsel’s Office within twenty (20) business days of receipt of the appeal, unless waived by the Union. The Counsel’s Office shall assign a hearing before an arbitrator by completing Grievance Report Formofficer and shall render a disposition of the grievance within thirty (30) business days after the closing of the record, unless the parties mutually agree to extend this time frame. The grievant's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email with a A copy of the Association’s concurrence disposition shall be simultaneously forwarded to the Union and the Chief of Labor and Employee Relations of the Administrative Office of the SuperintendentCourts. C. The Hearing Officer’s authority at the Step 2 hearing is as follows: 1. A hearing shall include an opportunity to be heard. 2. The grievant or his/her designated representative hearing officer shall petition have full authority to hear the American Arbitration Association to provide both parties with a list of seven (7) namesmatter. 3. The parties hearing officer shall select have the arbitrator by authority to determine whether the alternate strike method, with either party having subject matter of the right grievance is subject to request the grievance procedure. If the hearing officer determines that a second list. Once grievance is not subject to the arbitrator has been selectedgrievance procedure, he/she shall conduct must issue a hearing on the grievance in accordance with the rules written determination within twenty (20) business days of the American Arbitration Association. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties present filing at the hearing. The decision of the arbitrator shall be final and binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the Association. e. A grievance may be withdrawn at any level without prejudice or record.Step

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. a. Step I If One - The aggrieved will present the grievance is not resolved by the informal procedure, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. See Appendix B. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step I of the Grievance Report Form and returning a copy to the grievant, the Association and the Superintendent/ designee. b. Step II If the grievant is not satisfied with the disposition of the grievance at Step I, the grievant shall complete Grievance Report Form, and submit same to the Superintendent/designee within Director in writing no later than ten (10) working days of the receipt of its disposition at Step 1. Within ten (10) days of receipt of the grievance form, the Superintendent/designee shall meet with the grievant. Within five (5) days of the meeting, the Superintendent/designee shall write his/her disposition of the grievance by completing his/her portion of Step II, and forwarding a copy to the grievant, the Association and the immediate supervisor. c. Step III If the Step II procedure does not resolve the grievance, the grievant, with the written concurrence of the Association, may within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Board. The parties shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediatorincident or, but in if the informal procedure is used first, no event more later than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the grievant with the written concurrence of the Association may, within ten (10) days following the parties’ scheduled mediation informal meeting of the Para- Educator and the Program Director. The Director or from his/her designee shall render his/her decision in writing within ten (10) working days after the grievance has been received. Step Two - If the grievance is not settled in Step One and the aggrieved desires to appeal, the grievance shall be submitted no later than fifteen (15) working days after the receipt of the Step II answer, request a hearing before an arbitrator by completing Grievance Report Form. The grievant's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email with a copy of the AssociationDirector’s concurrence decision to the Office of the Superintendent. The grievant Superintendent or his/her designated representative designee. The Superintendent shall petition make a written response in fifteen (15) working days of receipt of the grievance. Step Three - If the grievance is not settled in Step Two and the aggrieved desires to appeal, the grievance shall be submitted in writing to the Board within fifteen (15) working days. A meeting shall be arranged between the Board and the aggrieved at the next regular meeting of the Board or within thirty (30) working days of receipt of the grievance, whichever comes first. Step Four - If the UPSEU is not satisfied with the decision of the Board of Cooperative Educational Services, the UPSEU may request that the matter be submitted to the American Arbitration Association to provide both parties with a list of seven (7) names. The parties shall select the arbitrator by the alternate strike method, with either party having the right to request a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance for Binding Arbitration in accordance with their rules. The cost of arbitration shall be borne equally between the rules Board of Cooperative Educational Services and the UPSEU. A. The Union Shall be permitted to use designated areas in the school buildings for meetings of unit members after school hours provided there is no interference with any scheduled school activities. Scheduling for building usage should be done through Operations and Maintenance and “School Dude”, with appropriate notice to the division Director. B. There shall be bulletin board space in the faculty lounge, or lounges should there be more than one, for the use of the American Arbitration AssociationPara-Educator Unit. C. The UPSEU may distribute materials dealing with proper and legitimate business of the UPSEU through Para-Educator mailboxes, provided that one signed copy shall be submitted to the Program Director whose approval will not be unreasonably withheld. The arbitrator shall hold copy must be signed by a responsible officer. Prior notice will be given for the necessary hearing promptly distribution of correspondence in employee mailboxes. Notice will replace approval. D. The names and issue assignments of Para-Educators will be available by September 1st of each year. All other updates of staff lists are the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties present at the hearing. The decision responsibility of the arbitrator shall be final and binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the AssociationPara-Educator Unit. e. A grievance may E. The Para-Educator Unit will be withdrawn at any level without prejudice or recordgiven up to six (6) conference days each year. F. BOCES shall permit two (2) officers and/or stewards ofthe Para-Educator Unit four

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. a. (a) Step I 1. The grievant, through the Union Xxxxxxx or other Union Representative, shall submit the grievance with the first level of supervision having authority to effect a remedy within twenty (20) business days of the date the grievant knew or should have known of its occurrence. A meeting may be scheduled between the grievant and the appropriate supervisor within ten (10) business days of receipt of the grievance. A written or oral disposition of the grievance shall be given to the grievant and the Union Xxxxxxx within five (5) business days of the meeting. If written, a copy of the disposition shall be forwarded to the Labor and Employee Relations Unit of the Administrative Office of the Courts and the respective affiliated Union. (b) Step 2. If the grievance has not been resolved at Step 1, the grievance shall be presented to the Senior Manager/Trial Court Administrator or his/her designee in writing by the Union Xxxxxxx or other Union Representative within ten (10) business days of receipt of the disposition of Step 1. A meeting may be scheduled between the Union and the Senior Manager/Trial Court Administrator or his/her designee within ten (10) business days of receipt of the appeal. A written disposition of the grievance shall be given to the grievant and the Union Xxxxxxx within ten (10) business days of the meeting. A copy of the disposition shall be forwarded to the Labor and Employee Relations Unit of the Administrative Office of the Courts and the respective affiliated Union. (c) Step 3. If the grievance is not resolved by the informal procedure, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. See Appendix B. A copy at Step 2 of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step I of the Grievance Report Form and returning a copy to the grievant, the Association and the Superintendent/ designee. b. Step II If the grievant is not satisfied with the disposition of the grievance at Step I, the grievant shall complete Grievance Report Form, and submit same to the Superintendent/designee within ten (10) days of the receipt of its disposition at Step 1. Within ten (10) days of receipt of the grievance form, the Superintendent/designee shall meet with the grievant. Within five (5) days of the meeting, the Superintendent/designee shall write his/her disposition of the grievance by completing his/her portion of Step II, and forwarding a copy to the grievant, the Association and the immediate supervisor. c. Step III If the Step II procedure does not resolve the grievance, the grievant, with the written concurrence of the Association, may within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Board. The parties shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps of the grievance procedure or if either party chooses not to participate in mediationprocedure, then the grievant with the written concurrence of the Association Union may, within ten (10) business days following the parties’ scheduled mediation or from the of receipt of the disposition of Step II answer2, request submit the grievance to the Labor and Employee Relations Unit of the Administrative Office of the Courts. If requested by the Union, a hearing before an arbitrator by completing Grievance Report Form. The grievant's request for arbitration shall be in writing held by the Counsel’s Office within twenty (20) business days of receipt of the appeal. A staff member or designee of the Administrative Director through the Counsel’s Office shall be assigned as hearing officer, and hand- delivered or sent by certified mail, return receipt, or email with render a disposition of the grievance within fifteen (15) business days of the hearing. A copy of the Association’s concurrence disposition shall be forwarded to the Office of the Superintendent. The grievant or his/her designated representative shall petition the American Arbitration Association to provide both parties with a list of seven (7) names. The parties shall select the arbitrator by the alternate strike method, with either party having the right to request a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules of the American Arbitration Association. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the AssociationUnion. e. A grievance may be withdrawn at any level without prejudice or record.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. a. 1. The Association has a right to be present at all grievance meetings. Step I One – Appropriate Administrator If the grievance is not resolved by satisfied with the disposition of the grievance at the informal stage, the grievance may be presented in writing using the form provided in Appendix C to the appropriate administrator within fifteen (15) days of the outcome of the informal procedure, or if . The administrator shall meet with the grievant elects within five (5) days of the receipt of such grievance and render a written decision to the grievant within ten (10) days of such meeting. Step Two – Superintendent If the grievance has not been resolved at step one to use the informal proceduresatisfaction of the grievant, it the grievance may be pursued further by submitting a completed Grievance Report Formappealed to the Superintendent within five (5) days of the receipt of such decision. See Appendix B. A copy of this form The Superintendent shall be submitted by meet with the grievant to discuss the immediate supervisorallegations within five (5) days of receipt of the written appeal and render a written decision within five (5) days of such meeting. Step Three – Board If the grievance has not been resolved at step two to the satisfaction of the grievant, the grievance may be appealed to the Board within ten (10) days of receipt of the step two decision. The Board and the grievant will meet for the purpose of resolving the grievance at the next regularly scheduled meeting of the Board, provided at least five (5) days have passed between receipt of the grievance and the Board meeting. Within ten (10) days of said meeting, a written decision will be sent to the grievant. Step Four – Arbitration If the grievance has not been resolved at step three to the satisfaction of the Association, the Association may, by giving written notice to the Board within ten (10) days after receipt of the step three decision, present the grievance for arbitration. Within five (5) days of receipt of the Grievance Report Formnotification for arbitration, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition representatives of the grievance within five (5) days after such meeting by completing Step I of the Grievance Report Form and returning parties will select a copy mutually agreeable arbitrator. If they fail to the grievantagree on a name, the Association and the Superintendent/ designee. b. Step II If the grievant is not satisfied with the disposition of the grievance at Step I, the grievant shall complete Grievance Report Form, and submit same to the Superintendent/designee within ten (10) days may request the services of the receipt of its American Arbitration Association for disposition at Step 1in accordance with their rules. Within ten (10) days of receipt of the grievance formThe arbitrator’s decision will be final, the Superintendent/designee shall meet with the grievant. Within five (5) days of the meeting, the Superintendent/designee shall write his/her disposition of the grievance by completing his/her portion of Step IIbinding, and forwarding a copy to in writing, and will set forth the grievantfindings of fact, reasoning, and conclusions on the Association and the immediate supervisor. c. Step III If the Step II procedure does not resolve the grievance, the grievant, with the written concurrence of the Association, may within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Board. The parties shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session issues as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed submitted by the parties. In The arbitrator is without authority to render a decision, which requires the event there are commission of an act prohibited by state law or violative of the terms of this Agreement. All costs and expenses which may be incurred in securing and utilizing for the services of a mediator, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the grievant with the written concurrence of the Association may, within ten (10) days following the parties’ scheduled mediation or from the receipt of the Step II answer, request a hearing before an arbitrator by completing Grievance Report Form. The grievant's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email with a copy of the Association’s concurrence to the Office of the Superintendent. The grievant or his/her designated representative shall petition the American Arbitration Association to provide both parties with a list of seven (7) names. The parties shall select the arbitrator by the alternate strike method, with either party having the right to request a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules of the American Arbitration Association. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared borne equally by the employer and the Associationparties. e. A grievance may be withdrawn at any level without prejudice or record.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. a. Step I If the a grievance is not resolved by at the informal procedurestep, or if the grievant elects not to use may within ten (10) days of the informal procedure, it may be pursued further by submitting date of the alleged violation submit a completed Grievance Report Form. See Appendix B. A copy of this form shall be submitted by the grievant formal grievance to the grievant’s immediate supervisor. Within five (5) days of receipt of the Grievance Report Formformal grievance, the immediate supervisor shall meet with the grievant. The immediate supervisor shall grievant if necessary and then write a disposition of the grievance within five (5) days after such meeting by completing Step I grievance. A copy of the Grievance Report Form and returning a copy disposition shall be given to the grievant, the Association representative, and the Superintendent/ designeesuperintendent within this five (5) days period. If a grievance is not filed at Step I, or at Step II if appropriate, within ten (10) days of the alleged violation, the grievance shall be considered waived. b. Step II If the grievant is not satisfied with the disposition of the grievance at in Step I, the grievant shall complete Grievance Report Form, and may submit same the grievance in writing to the Superintendent/designee within ten five (105) days of the receipt of its disposition at Step 1I. Any grievance not moved to the next step within the five-day limit shall constitute waiver of such grievance. Within ten five (105) days of receipt of the grievance form, the Superintendent/designee shall meet with the grievant and then write a disposition of the grievance. A copy of the disposition shall be given to the grievant. Within , the Association representative, and the immediate supervisor within this five (5) day period. Step Ill If the grievant is not satisfied with the disposition made by the Superintendent, the grievant may submit the grievance in writing to the Board President within ten (10) days after receiving the disposition by the Superintendent; a copy shall be given to the Superintendent, Treasurer, and the Association representative. Any grievance not moved to the next step within the ten-day limit shall constitute waiver of such grievance. The Board shall meet with the grievant for the purpose of reviewing such grievance. The meeting shall be held in executive session, unless otherwise required by law. Such meeting shall be held at the Board's next regular meeting, but in no event less than five (5) nor more than twenty-five (25) days from receipt by the Superintendent/designee Board President of a Step III grievance. The Board shall write his/her be entitled to be represented by counsel. The disposition of the grievance shall be written by completing his/her portion of the Board and given to the grievant by the Board President within ten (10) days following the meeting with the grievant. Grievances relating to Board policy shall not proceed beyond Step IIIII. Step III Optional Mediation If the grievant is not satisfied with the disposition made by the Superintendent, and forwarding a copy to the grievant, the Association and the immediate supervisor. c. Step III Superintendent may mutually agree in writing to mediate. If the Step II procedure does not resolve the grievancethere is mutual agreement, the grievant, with the written concurrence of the Association, may grievant shall within ten (10) days of the disposition by the Superintendent appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement ). Any grievance not moved to the next step within the ten-day limit shall constitute waiver of the Boardsuch grievance. The parties shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the to Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In If the event grievant is not satisfied with the Step III outcome, he/she may request arbitration by filing a written request with the Association (with a copy to the Superintendent) within five (5) days of receipt of the Board's Step Ill disposition or the end of the Step III mediation session. The Association shall have the exclusive right to determine whether to appeal the grievance has not been satisfactorily resolved to arbitration, making such appeal by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the grievant filing with the Superintendent a written concurrence notice of the Association may, appeal within ten (10) days following of the parties’ scheduled mediation or from the grievant's receipt of the Step II answer, request a hearing before an arbitrator by completing Grievance Report FormIll disposition or end of the mediation session. The grievantAny grievance not appealed within the ten-day limit shall constitute waiver of such grievance. Within five (5) days after the Superintendent's receipt of the request for arbitration shall be in writing and hand- delivered or sent by certified mailarbitration, return receipt, or email with a copy representatives of the Association’s concurrence to Board and the Office of the Superintendent. The grievant or his/her designated representative Association shall jointly petition the American Arbitration Association to provide both parties with Federal Mediation and Conciliation Service for a list of at least seven (7) names. The parties shall select names from which the arbitrator shall be selected by the alternate strike method, with either . Either party having the right shall be entitled to request a second list. Once the The arbitrator has been selected, he/she shall conduct have authority to consider only a hearing on the single grievance in accordance with the rules or several grievances involving a common question of the American Arbitration Associationinterpretation or application. The arbitrator shall hold the necessary hearing promptly and issue the decision within thirty (30) days or such time as may be agreed upon. The decision Arbitrator decisions shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the Board, the AssociationAdministration, the Association and the grievantgrievant(s). The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement Agreement, nor add to, detract from, from or modify the language thereintherein in arriving at a determination of any issues presented that is proper within the limitations expressed herein. The arbitrator shall expressly confine himself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s) not so submitted to him or to submit observations or declarations of opinion which are not directly essential in reaching the determination. The arbitrator may rule on procedures related to teacher evaluation, nor but shall not substitute his/her opinion his judgment for that of the evaluator. The costs powers of the Arbitrator related to transfer and assignment of any employee shall be limited to ruling on questions of procedure. The arbitrator shall in no way interfere with the Board rights as listed in Article V, Section A. Costs for services of the arbitrator Federal Mediation and Conciliation Service and of the arbitration hearing, including per diem expenses, if any, and necessary travel and subsistence expenses, shall be borne equally by both parties. The Association President or designee, and an individual grievant may attend an arbitration hearing that is scheduled during the school day without loss of pay or benefits. If more than two (2) teachers need to attend the hearing room shall it will be shared equally by scheduled to begin after the employer and the Association. e. A grievance may school day or on a non-school day. Grievance forms will be withdrawn at any level without prejudice or record.found in Appendix E of this Agreement.‌

Appears in 1 contract

Samples: Collective Bargaining Agreement

Formal Procedure. a. Step I If No grievance shall be considered under the following formal procedure unless it is presented in the manner set forth herein within twenty (20) working days of the occurrence(s) or reoccurrence(s) of the basis of the grievance is not resolved by or of the informal procedure, or if time the grievant elects not or the Association had knowledge of the basis of the grievance. In order to use be considered further, the informal procedure, it may grievance must be pursued further by submitting a completed Grievance Report Form. See Appendix B. A copy of this form shall be submitted by the grievant advanced to the immediate supervisor. Within five next step of the formal procedure within ten (510) working days of receipt of the Grievance Report Formanswer given in the previous step, exclusive of Step 4. Step 1: Within seven (7) days following receipt of a grievance, a meeting will be held between the grievant and his/her appropriate administrator. An Association representative may be present if requested by the grievant or the Association. The appropriate administrator will give his/her answer in writing within seven (7) days following the meeting. If no satisfactory settlement is reached at Step 1, or if the time limit expires without the administrator’s written answer, the immediate supervisor grievance shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five be submitted to Step 2. Step 2: Within seven (57) days after such following receipt of a grievance, a meeting by completing Step I of will be held between the Grievance Report Form and returning a copy to the grievant, the Association and the Superintendent/ Superintendent or his/her designee. b. Step II If the grievant is not satisfied with the disposition of the grievance at Step I, the grievant shall complete Grievance Report Formand the Association President (or his/her designee). The Superintendent will give his/her answer in writing within seven (7) days following the meeting. If no satisfactory settlement is reached at Step 2, and submit same or if the time limits expire without the Superintendent’s written answer, the grievance may be submitted to the Superintendent/designee within ten (10) days of the receipt of its disposition at Board in accordance with Step 1. 3. Step 3: Within ten (10) days of receipt of a grievance, a meeting will be held between the grievance formBoard, the Superintendent/designee shall meet with grievant and the grievant. Within five Association President (5) days of the meeting, the Superintendent/designee shall write or his/her disposition of the grievance by completing his/her portion of Step II, and forwarding a copy to the grievant, the Association and the immediate supervisor. c. Step III If the Step II procedure does not resolve the grievance, the grievant, with the written concurrence of the Association, may within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Boarddesignee). The parties shall contact the local FMCS office to mediate the grievance. The parties Board will hold a mediation session as soon as practicable following the selection of a mediator, but give its answer in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps of the grievance procedure or if either party chooses not to participate in mediation, then the grievant with the written concurrence of the Association may, writing within ten (10) days following the parties’ scheduled mediation meeting. Step 4: In the event a grievance is not satisfactorily resolved as a result of Step 3 or from if the receipt time limits expire without the issuance of the Step II Board’s written answer, request the parties may elect to submit a hearing before an arbitrator by completing Grievance Report Form. The grievant's request for arbitration shall be in writing and hand- delivered or sent by certified mail, return receipt, or email grievance to mediation with a copy of the Association’s concurrence to the Office of the Superintendent. The grievant or his/her designated representative shall petition the American Arbitration Association to provide both parties with a list of seven (7) names. The parties shall select the arbitrator qualified mediator chosen by the alternate strike method, with either party having the right to request a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance parties or selected with the rules assistance of the American Arbitration Association. The arbitrator shall hold decision to submit a grievance to Step 4 mediation is strictly optional and must be agreeable to both parties. Any cost for mediation will be divided equally between the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the Associationparties. e. A grievance may be withdrawn at any level without prejudice or record.

Appears in 1 contract

Samples: Arbitration Agreement

Formal Procedure. a. Step I If the grievance is not resolved by the informal procedure, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. See Appendix B. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step I of the Grievance Report Form and returning a copy to the grievant, the Association and the Superintendent/ designee. b. Step II If the grievant is not satisfied with the disposition of the grievance at Step I, the grievant shall complete Grievance Report Form, and submit same to the Superintendent/designee within ten (10) days of the receipt of its disposition at Step 1. Within ten (10) days of receipt of the grievance form, the Superintendent/designee shall meet with the grievant. Within five (5) days of the meeting, the Superintendent/designee shall write his/her disposition of the grievance by completing his/her portion of Step II, and forwarding a copy to the grievant, the Association and the immediate supervisor. c. Step III If the Step II procedure does grievant is not resolve the grievance, the grievant, satisfied with the written concurrence of the Association, may within ten (10) days appeal the grievance to Grievance Mediation with the Federal Mediation and Conciliation Service (FMCS) with mutual agreement of the Board. The parties shall contact the local FMCS office to mediate the grievance. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board and the Association. As of the date of the written agreement to submit the grievance to mediation, the timeline for appealing the Step IV shall be stayed until the end of the Grievance Mediation session. d. Step IV In the event the grievance has not been satisfactorily resolved by the above steps disposition of the grievance procedure or if either party chooses not to participate in mediationat Step II, then the grievant with (through the written concurrence of the Association Association) may, within ten (10) days following the parties’ scheduled mediation or from the receipt of the Step II answer, request a hearing before an arbitrator by completing Grievance Report Form. The grievant's request for arbitration shall be in writing and hand- hand-delivered or sent by certified mail, return receipt, or email with a copy of the Association’s concurrence receipt requested to the Office of the Superintendent. The grievant or his/her designated representative shall petition the American Arbitration Association to provide both parties with a list of seven (7) names. The parties shall select the arbitrator by the alternate strike method, with either party having the right to request a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules of the American Arbitration Association. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement nor add to, detract from, or modify the language therein, nor substitute his/her opinion for that of the evaluator. The costs for the arbitrator and the hearing room shall be shared equally by the employer and the Association. e. d. A grievance may be withdrawn at any level without prejudice or record.

Appears in 1 contract

Samples: Master Agreement

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