Formal Procedure. Should a grievance not be resolved at the informal level, then the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance; Step I. The teacher and/or teacher-designated representative will present the grievance in writing to the administrative superior (in case of a school, the principal) within ten (10) working days following the completion of the informal procedure. A written response will be given the aggrieved by the administrative superior within five (5) working days of the receipt of the grievance. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step I, in writing, to the appropriate District Administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administrator. A written response will be given to the aggrieved by the appropriate District Administrator within five (5) working days of the receipt of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decision. The Superintendent or designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) working days of receipt of the appeal. The ten-day limitation may be extended by mutual agreement.
Appears in 2 contracts
Samples: Teacher Employment Agreement, Teacher Employment Agreement
Formal Procedure. Should The grievance shall state the specified alleged violation or condition with proper reference to the contract Agreement. It shall also set forth names, dates, and any other related facts which will provide a sound basis for a complete understanding of any such grievance. No grievance shall be considered under this procedure unless notice of the same is given to the administration within thirty-five (35) days following the occurrence of the facts which give rise to the grievance.
LEVEL A. Within five (5) days of receipt of a formal grievance, the Building Principal shall meet with the aggrieved teacher. Within five (5) days following any such meeting, the Principal shall give his/her answer in writing. If the grievance is not be resolved settled at the informal this level, then the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance;
Step I. The teacher and/or teacher-designated representative will present the grievance in writing it may be referred to the administrative superior (in case of a school, the principal) Level B within ten (10) working days following the completion of the informal procedure. A written response will be given the aggrieved by the administrative superior within five (5) working days of the receipt of an answer given at this level.
LEVEL B. Within fifteen (15) days of a grievance being referred to this level, the Superintendent will meet with the participants of Level A and examine the facts of the grievance. The five-day limitation may be extended by mutual agreementSuperintendent shall give his/her answer within fifteen (15) days of any such meeting. If the grievance is not satisfiedsettled at this level, the teacher and/or teacher-designated representative may appeal the administrative decision in Step I, in writing, to the appropriate District Administrator then within five fifteen (515) working days of from receipt of the Step I administrative decisionanswer rendered at this level the grievance may be referred to arbitration as set forth herein.
LEVEL C. If the grievance remains unsettled, then the matter may be referred by the Association to arbitration. Prior If the matter is referred to a written responsearbitration, a face-to-face conference may occur between then the grievant and/or representative and the appropriate District Administrator. A written response will be given parties shall apply to the aggrieved by American Arbitration Association to name an arbitrator under the appropriate District Administrator within five (5) working days rules and procedures then obtaining of the receipt service. The arbitrator shall use his/her best efforts to arbitrate the grievance, but he/she shall have no power or authority to do other than interpret and apply the provisions of this Agreement and he/she shall have no power to add to or subtract from, alter, or modify any of the appealsaid provisions. The five-day limitation may arbitrator shall thereafter submit a decision to both parties. The arbitrator’s decision shall not be extended by mutual agreementbinding on either party, but shall be advisory only. If not satisfied, The parties agree to share equally in the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, to the Superintendent within five (5) working days of receipt compensation and expenses of the Step II administrative decision. The Superintendent or designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) working days of receipt of the appeal. The ten-day limitation may be extended by mutual agreementarbitrator.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. Should LEVEL ONE - Supervisor's Level: Within five (5) days of the alleged violation of this Agreement or of the grievant's knowledge of its occurrence, whichever is first, the aggrieved party shall submit a written grievance to the Chief Financial Officer or designee. Within five (5) days of receipt of the written grievance, the Chief Financial Officer or designee shall schedule a Level One hearing. In the event a Level One hearing is not scheduled within the five (5) day limitation, Level One shall be resolved at the informal level, then the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance;
Step I. The teacher and/or teacher-designated representative will present waived and the grievance referred to Level Two. Within five (5) days of the hearing on the grievance, the Chief Financial Officer or designee shall render a decision in writing writing, transmitting a copy to the administrative superior Union, the aggrieved party, and the Superintendent or designee. LEVEL TWO - Superintendent's Level: If the decision of the Chief Financial Officer or designee is not satisfactory to the grievant, the Union, within five (in case 5) days of receipt of the Chief Financial Officer’s or designee’s decision, shall transmit to the Superintendent or his/her designee the Level One decision, and a statement of intent to file at Level Two. Within ten (10) days of a schoolLevel Two grievance, the principalSuperintendent or his/her designee shall schedule a Level Two hearing. Within ten (10) days of the hearing on the grievance, the Superintendent or his/her designee shall render a decision in writing, transmitting a copy to the Union and to the aggrieved party. Group grievances, or grievances over which the Chief Financial Officer or designee has no control may be started at Level Two, provided they are reduced to writing within ten (10) working days following of their occurrence or knowledge of occurrence. After receipt of a notice of intent to arbitrate, the completion parties shall meet in an attempt to agree on an arbitrator. If the parties are unable to mutually agree on an arbitrator, then the Union may submit the matter to the Michigan Employment Relations Commission or American Arbitration Association requesting that an arbitrator be selected with their assistance and under their rules. All arbitral proceedings shall be conducted in accordance with the rules established by the American Arbitration Association. The arbitrator shall have no power to amend, alter, or modify this Agreement or any supplementary agreement. The award of the informal procedurearbitrator shall be based exclusively on evidence presented at the arbitration hearing and the award shall not be based on other extra contract matters not specifically incorporated in this Agreement. A written response will There shall be given no appeal from the aggrieved arbitrator's decision. It shall be final and binding on the Union, the Board, and on all parties. The arbitrator shall have no power to establish salary schedules or set or alter hourly rates. No decision of the arbitrator in any one case shall require retroactive adjustment in any other case. The expenses of the arbitration proceedings shall be borne equally by the administrative superior within five (5) working days parties. Each party shall make arrangements for and pay the expenses of witnesses which are called by them. Representatives of the receipt Union who are called as witnesses shall not suffer any loss in their regular wages. The arbitrator shall not be empowered to rule on matters which are subject to applicable federal, state, or civil regulatory procedures. This provision shall not be construed to unreasonably restrict utilization of the grievance. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step I, in writing, to the appropriate District Administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administrator. A written response will be given to the aggrieved by the appropriate District Administrator within five (5) working days of the receipt of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decision. The Superintendent or designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) working days of receipt of the appeal. The ten-day limitation may be extended by mutual agreementgrievance procedure.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Formal Procedure. Should For purposes of Section 7.4 the required timelines shall begin on the first (1st) day following the date of receipt of a grievance not be resolved by the Office of Education or the first (1st) day following receipt of the Office of Education decision by the grievant.
A. Level I Within twenty-five (25) days of the occurrence, or within twenty-five (25) days of when the unit member could reasonably have known of the occurrence of the act or omission giving rise to the grievance, the grievant must present his grievance in writing on an Office of Education-provided form (Appendix E)to his Director. On this form the unit member shall make a clear and concise statement of the grievance, the circumstances involved and the specific article that was allegedly violated, the decision rendered at the informal level, then conference and the teacher and/or teacher- designated representative will complete specific remedy sought. The Director shall communicate a decision to the following steps in filing a formal grievance;
Step I. The teacher and/or teacher-designated representative will present the grievance unit member in writing to the administrative superior (in case of a school, the principal) within ten (10) working days following from the completion of date the informal procedure. A written response will be given the aggrieved grievance is received by the administrative superior Director. If the Director does not respond within five (5) working days of the receipt of time limits, the grievant may appeal to the next level. Within the foregoing time limit either party may request a personal conference to discuss the grievance. The five-day limitation Either the grievant or the Director may be extended by mutual agreement. If have a conferee present at such a conference.
B. Level II In the event the grievant is not satisfiedsatisfied with the decision at Level I, the teacher and/or teacher-designated representative grievant may appeal the administrative decision in Step I, in writing, to the appropriate District Division Administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administrator. A written response will be given to the aggrieved by the appropriate District Administrator within five (5) working days of the receipt of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decision. The Superintendent or designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) working days after receiving the decision at Level I. This written appeal statement shall include a copy of receipt the original grievance, the decision rendered at previous level and a clear, concise statement of the reasons for the appeal. The ten-day limitation Division Administrator, or his designee, shall communicate a decision within ten (10) days from the date the appeal is received by the Division Administrator. Either the grievant or the Division Administrator, or his designee, may be extended by mutual agreementrequest a personal conference within the foregoing time limits to discuss the grievance. Either party may have a conferee present at such a conference. If the Division Administrator, or his designee, does not respond within the time limits, the grievant may appeal to the next level.
C. Level III In the event the grievant is not satisfied with the decision at Level II, the grievant may appeal the decision to the Superintendent within ten (10) days after receiving the decision at Level
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
Formal Procedure. Should a 5.4.1. Level One - Immediate Supervisor
A. Failing to resolve the possible grievance not be resolved at the through informal levelmeans, then the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance;
Step I. The teacher and/or teacher-designated representative will present the grievance shall be presented in writing writing, using the Grievance Processing Form, (Appendix A of this Agreement) to 10 the administrative superior (in case of a school, the principal) immediate supervisor within ten (10) working days following the completion of the informal proceduremeeting with the immediate supervisor. A written response will be given The immediate supervisor shall meet with the aggrieved by the administrative superior party within five ten (510) working days of the receipt of the grievance. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step I, in writing, to the appropriate District Administrator within five (5) working days of receipt of the Step I administrative decisionwritten grievance. Prior to The immediate supervisor shall provide a written response, a face-to-face conference may occur between disposition of the grievant and/or representative and the appropriate District Administrator. A written response will be given grievance to the aggrieved by party and the appropriate District Administrator Association representative within five ten (510) working days of such meeting.
B. If the receipt aggrieved party is not satisfied with the disposition of the appeal. The five-day limitation grievance, the grievance may be extended by mutual agreementappealed to Level Two. If the appeal to Level Two is not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, to the Superintendent made within five ten (510) working days of receipt of the Step II administrative decisionwritten disposition at Level One, it is assumed the grievance is no longer valid.
5.4.2. Level Two - Superintendent/Designee
A. The Superintendent or designee(s), prior to written response, will designee shall meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) party within ten (10) working days of receipt of the appealgrievance appeal and shall provide a written disposition of the grievance to the aggrieved party and the Association representative within ten (10) days of such meeting.
B. If the aggrieved party is not satisfied with the disposition of the grievance, the grievance may be appealed to Level Three. If the appeal to Level Three is not made within ten (10) days of receipt of the written disposition at Level Two, it is assumed the grievance is no longer valid.
5.4.3. Level Three - Resolution Conference/Arbitration
A. The Superintendent or designee and the aggrieved party shall schedule a grievance resolution conference within ten (10) days of receipt of the appeal to Level III.
B. If the parties are not able to settle the grievance, the grievant may, within ten (10) days of the resolution conference, request in writing that the Association submit the grievance to arbitration. The ten-day limitation Association, by written notice to the Superintendent, within ten (10) days after receipt of the request from the grievant, may submit the grievance to arbitration.
C. The Association shall retain full and complete authority to determine whether or not a grievance shall be extended forwarded for arbitration.
D. The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) days of the Association's submission of the grievance to arbitration, the parties shall request the California State Conciliation Service to supply a panel of five names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by mutual lot.
E. The arbitrator shall, as soon as possible, hear the evidence, and render a decision on the issue or issues submitted to him/her. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step.
F. The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement.
G. After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit a written decision to all parties setting forth his/her findings of fact, reasoning and conclusion on the issues submitted. The decision shall be final and binding.
H. All fees and expenses of the arbitrator, including, but not limited to, per diem expenses, his/her travel and subsistence expenses and the cost of any hearing room will be borne equally by the District and the Association. All other costs will be borne by the party incurring them.
Appears in 2 contracts
Samples: Certificated Contract, Certificated Contract
Formal Procedure. Should STEP 1 No later than twenty (20) days after the grievant could reasonably be expected to know about the occurrence of the alleged violation giving rise to the grievance, the grievant may submit to the proper immediate administrative authority, who has the authority to bring about a grievance not be resolved at resolution of the informal levelalleged problem, then the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance;
completed and signed Grievance Report form, Step I. A copy of the completed form shall be given to the grievant and to the Association Building Representative. Within five (5) days of receipt of the Grievance Report, the administrator shall meet with the grievant and/or his Association representative in an effort to resolve the grievance. The teacher and/or teacher-designated representative will present administrator shall indicate in writing his disposition to the grievant and the Association within five (5) days after such meeting.
STEP 2 If the grievant is not satisfied or if no disposition of the grievance has been made within the time limits set forth in writing to the administrative superior (in case of a schoolStep I, the principal) within ten (10) working days following the completion of the informal procedure. A written response will be given the aggrieved by the administrative superior within five (5) working days of the receipt of the grievance. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step I, in writing, to the appropriate District Administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or the Association representative and the appropriate District Administrator. A shall complete a written response will be given to the aggrieved by the appropriate District Administrator within five (5) working days of the receipt of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfiedGrievance Report Form, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, and submit the same to the Superintendent within five (5) working days of receipt of the Step II administrative decisionSuperintendent. The Superintendent or designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within Within ten (10) working days the Superintendent and/or his designated representative shall meet with the grievant and/or his Association representative. Within ten (10) days of receipt the meeting the Superintendent shall indicate in writing his disposition and forward a copy thereof to the grievant, the Association, and Administrator(s) involved.
STEP 3 If the grievant and/or Association is not satisfied with the disposition or if no disposition has been made within the above stated time limits, the Association representative may submit the grievance to an impartial arbitrator by filing with the Superintendent or designee within thirty (30) days a request for arbitration. Within ten (10) days after the request the Association representative and a representative of the appealAdministration shall meet to select the arbitrator. If no arbitrator is selected within said ten (10) days, the matter shall be submitted to the American Arbitration Association in accordance with it rules, which rules shall likewise govern the arbitration proceeding. The ten-day limitation arbitrator shall have no power to alter, add to, or subtract from the stated policies and rights herein contained, and his award shall be final and binding upon the parties. Either or both parties may be extended represented at the arbitration hearing. The fees and expenses of the arbitrator shall be shared by mutual agreementthe Board and Association. All additional expenses shall be borne by the parties incurring them. The arbitrator may determine if he has jurisdiction. There will be no decisions contrary to law.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. Should a. The grievant shall submit a written grievance to his/her building Principal within fifteen (15) days of the day the alleged violation occurred. The written grievance shall cite the specific articles, sections, and paragraphs alleged to be violated, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting within five (5) days after receipt of the written or digital grievance. Present at this meeting shall include the grievant(s), and if the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, to the grievant within four (4) days after the meeting was held.
a. If the grievant is not be resolved at satisfied with the informal level, then the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance;
Step I. The teacher and/or teacher-designated representative will present disposition of the grievance in writing to the administrative superior (in case of a school, the principal) at Step I or if no decision has been rendered within ten (10) working days following the completion after presentation of the informal procedure. A written response will grievance, the grievance may be given referred to the aggrieved by the administrative superior Superintendent or his/her designee in his/her absence.
b. The Superintendent shall arrange for a meeting to take place within five (5) working days of the receipt of the grievance. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step I, in writing, to the appropriate District Administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administrator. A written response will be given to the aggrieved by the appropriate District Administrator within five (5) working days of the receipt of the appeal.
c. Upon conclusion of the meeting, the Superintendent will provide his/her written decision to the grievant, Association, and building Principal if involved within four (4) days. The five-day limitation Such written decision shall include reasons upon which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be extended by mutual agreement. present to submit the Association's views on the grievance.
a. If the grievant is not satisfied, satisfied with the teacher and/or teacher-designated representative may appeal the administrative decision in disposition of his/her grievance at Step II, in writing, to or if no decision has been rendered within ten (10) days after he/she first met with the Superintendent or his/her official designee, he/she may within five (5) days after the decision of the Superintendent or fifteen (15) days after he/she first met with the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days of from the receipt of the request.
b. Neither party shall be permitted to enter into the school board hearing any information which was not submitted to all parties in interest before completion of Step II administrative decision. The Superintendent or designee(s)II.
c. At the conclusion of the hearing, prior the Board shall render its decision by vote of the members present and shall transmit its decision in writing to written responsethe grievant, will meet face to face with the aggrieved and/or teacher-designated representative building Principal, if involved, the Superintendent, and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) working days of receipt of the appeal. The ten-day limitation may be extended by mutual agreementAssociation.
Appears in 2 contracts
Samples: Procedural Agreement for Negotiations, Collective Bargaining Agreement
Formal Procedure. Should a grievance 1. Level One: If the aggrieved or his/her representative(s) is not be resolved at satisfied with the outcome of the informal levelprocedure, then the teacher and/or teacher- designated representative will complete the following steps in filing either may present a formal grievance;
Step I. The teacher and/or teacher-designated representative will present the grievance in writing on the ACCESS-CCBDD Grievance Form (Appendix A), to his/her immediate supervisor within five days of the administrative superior (in case of a school, the principal) within ten (10) working days following the completion conclusion of the informal procedure. A written response will be given The immediate supervisor will, within 10 days of the receipt of the formal grievance, meet with the aggrieved by the administrative superior and his/her representative. The immediate supervisor will, within five (5days of this meeting, render a written disposition and the reasons therefore to the aggrieved, with copies to the representative and the Association President.
2. Level Two: If the aggrieved or his/her representative(s) working is not satisfied with the Level One disposition, or if no disposition has been made within the time period specified in Level One, the aggrieved or his/her representative may advance the written grievance to the Director of Human Resources or his/her designee within five days of the receipt of the Level One disposition or within five days of the date on which the disposition should have been received. The Director of Human Resources or his/her designee will meet with the aggrieved and his/her representative within 10 days of the receipt of the grievance. The five-day limitation may be extended by mutual agreement. If not satisfiedDirector of Human Resources or his/her designee will, within five days of the teacher and/or teacher-designated representative may appeal hearing, render a written disposition and the administrative decision in Step I, in writing, reasons therefore to the appropriate District Administrator within five (5) working days of receipt of aggrieved, with copies to the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District AdministratorAssociation President.
3. A written response Level Three: The Association must approve any grievance advanced to arbitration. Should the Association not approve such grievance, the grievance may not proceed to arbitration. If the aggrieved is not satisfied with the Level Two disposition or if no disposition has been given within the time periods specified in Level Two, the Association designated representative, on behalf of the aggrieved, may refer the grievance to arbitration. The grievance will be given advanced to the aggrieved arbitration by the appropriate District Administrator filing of the AAA Demand for Arbitration, which must be filed within five (5) working 75 calendar days of the receipt Level Two Response or the matter is deemed settled with prejudice. The arbitrator may not add to, alter, or delete from the terms of CCBDD Policy or terms of this Agreement. The arbitrator will be governed by the rules and regulations of AAA and render an award which will be final and binding on both parties. The cost for the services of the appeal. The five-day limitation may arbitrator will be extended borne equally by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decision. The Superintendent or designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative CCBDD and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) working days of receipt of the appeal. The ten-day limitation may be extended by mutual agreementAssociation.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. Should a Level I If the grievance is not be resolved at the informal level, then the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance;
Step I. The teacher and/or teacher-designated representative will present grievant may further pursue the grievance in writing to the administrative superior (in case of by submitting a schoolwritten grievance form, the principal) within ten (10) working days following the completion of the informal procedure. A written response will be given the aggrieved by the administrative superior Level I, within five (5) working days of the informal conference through the Association to the immediate supervisor and the Superintendent. Within five (5) days after receipt of the grievanceLevel I form, the immediate supervisor shall meet with the grievant. The five-day limitation may be extended immediate supervisor shall write a disposition of the grievance by mutual agreement. If not satisfiedcompleting the Level I form and returning the copy to the grievant, the teacher and/or teacher-designated representative may appeal Association and the administrative decision in Step I, in writing, to the appropriate District Administrator Superintendent within five (5) working days of receipt of the Step I administrative decisionafter such meeting. Prior to a written response, a face-to-face conference may occur between If the grievant and/or representative and is not satisfied with the appropriate District Administrator. A written response will be given to the aggrieved by the appropriate District Administrator within five (5) working days of the receipt of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfieddisposition at Level I, the teacher and/or teacher-designated representative may grievant may, through the Association, appeal the administrative decision in Step II, in writing, grievance to the Superintendent within five (5) working days of after receipt of the Step Level I written disposition by submitting a Level II administrative decisionform to the Superintendent. Within five (5) days after the receipt of the Level II form, the Superintendent shall meet with the grievant. The Superintendent or designee(s)shall write a disposition of the grievance by completing the Level II form and returning a copy to the grievant, prior immediate supervisor, and the Association within five (5) days after such hearing.
1. If a grievance is not resolved to the satisfaction of the grievant at Level II of the Grievance Procedure above, the Association may appeal to arbitration by filing a written response, will meet face to face notice of appeal with the aggrieved and/or teacher-designated representative and Superintendent within fifteen (15) days after receipt of the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by decision of the Superintendent or designee(s) within his/her designated representative.
2. Within ten (10) working days of receipt after this written demand for arbitration, a designated representative respectively of the appealBoard and the Association shall select an arbitrator from the permanent list of arbitrators listed below by use of the alternate strike method, with a coin toss deciding who will strike first. Permanent Arbitrator List: Xxxxx Xxxxxxx, Xxxxxxx Xxxx, Xxxxx Xxxxxxx, Xxxxxx Xxxxxx Xxxxxx, Xxx Xxxxxxxxxx, Xxxxx Xxxxxxx, Xxxxxx X’Xxxxxxx, Xxxxxx Xxxxxxx and Xxxxx Xxxxxxx.
3. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules and regulations of the AAA.
4. The ten-day limitation arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be extended 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 binding on all parties thereto.
5. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this agreement, nor to interfere with management rights as expressly set forth in this agreement, nor add to, detract from, or modify the language therein in arriving at a determination of any issue presented that is proper within the limitations expressed herein. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the determination.
6. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, as well as the related cost of the American Arbitration Association services, shall be borne equally by mutual agreementboth parties. Such charges shall not be divided by the arbitrator between the parties in any manner or under any circumstances without prior approval of both parties. The expenses of witnesses and other representatives shall be borne by the party they represent. A stenographic record of the arbitration proceeding will be made upon request. Each party shall pay for its own copy of such record, and the parties shall share equally the cost of the arbitrator's copy.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. Should a Level I - Administration A copy of the written grievance not shall be resolved at submitted on the informal level, then the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance;
Step I. The teacher and/or teacher-designated representative will present the grievance in writing approved form to the administrative superior aggrieved's immediate administrator within fifteen (in case 15) days of a schoolbecoming aware of the alleged violation, the principal) or within ten (10) working days following of the completion of the informal procedureprocedure if followed. A written response will meeting shall be given mutually agreed upon between the aggrieved by and the administrative superior administrator within five seven (57) working days of the receipt filing of the grievance. The five-day limitation Both the aggrieved and the administrator may have present such people who may provide information related to the grievance. Discussion at this meeting shall be extended by mutual agreementconfined to the issues as stated in the grievance and the relief sought. If not satisfiedWithin seven (7) days of the meeting, the teacher and/or teacher-designated representative may appeal administrator shall provide the administrative decision aggrieved with a written response stating his/her position and suggestion for resolving the grievance. Level II - Superintendent If the aggrieved is not satisfied with the suggestions for resolution received in Step Level I, in writing, to the appropriate District Administrator he/she may within five seven (57) working days of receipt of the Step I administrative decision. Prior to a such written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administrator. A submit his/her written response will be given grievance to the aggrieved Superintendent and request a meeting to discuss the grievance. The written grievance submitted to the Superintendent will contain a concise statement of the facts upon which the grievance is based, the disposition by the appropriate District Administrator administration at Level I, and a statement of the questions still unresolved to the satisfaction of the aggrieved. The meeting shall be within five seven (57) working days of the receipt request. The meeting shall be conducted in a manner as stated in Level I. Within seven (7) days of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfiedmeeting, the teacher and/or teacher-designated representative may appeal Superintendent shall provide the administrative decision aggrieved with a written response stating his/her position and suggestions for resolution of the grievance. Level III - Arbitration If the aggrieved is not satisfied with the suggestion for resolution received in Step Level II, in writing, to the Superintendent association may within five seven (57) working days of receipt of the Step II administrative decision. The Superintendent or designee(s), prior to written response, will meet face submit the grievance to face with the aggrieved and/or teacher-designated representative American Arbitration Association. Attorneys may be used, providing they are not from a competitive bargaining unit member organization, by either party at the arbitration level of this procedure. The arbitrator shall be selected by the Association and Superintendent. If the administrative superiorAssociation and Superintendent cannot agree on an arbitrator, the arbitrator shall be selected from the American Arbitration Association according to its voluntary rules and regulations. Then The arbitrator shall hold such meetings, as he/she determines necessary to make a written response will fair and impartial ruling on the grievance as stated. The ruling of the arbitrator shall be given made in writing to the aggrieved and the administrative superior Board. The ruling of the arbitrator shall be final and binding on all parties to the limit of the grievance as stated insofar as the grievance is found to be a Type I grievance as defined herein. In the case of any Type II grievance, the ruling of the arbitrator shall be advisory only. To the extent any ruling is advisory, the Board shall act on said ruling at their next regular Board meeting after receipt thereof by the Superintendent or designee(s) within ten (10) working days of receipt Treasurer of the appealBoard and the decision of the Board thereon shall be final and binding on all parties to the limit of the grievance as stated. The ten-day limitation may Cost of the arbitrator shall be extended shared equally by mutual agreementthe aggrieved and the Board.
Appears in 2 contracts
Formal Procedure. Should a 1. Level One – Fire Chief
a) If an aggrieved person is unable to resolve the grievance not be resolved at informally, the informal level, then the teacher and/or teacher- designated representative will complete the following steps in filing employee may present a formal grievance;
Step I. The teacher and/or teacher-designated representative grievance to the Fire Chief. A grievance will present the grievance be deemed waived unless submitted in writing to ten (10) days after the administrative superior (in case event or condition constituting the alleged grievance or should have known of a schoolthe alleged grievance.
b) The Fire Chief/designee shall, the principal) within ten (10) working days following the completion after receipt of the informal procedure. A written response will be given formal grievance, meet with the aggrieved person for the purpose of resolving the grievance. The Fire Chief shall, within ten (10) days after the meeting, render a decision and the reasons therefore, in writing, to the aggrieved person, with a copy to the Union.
2. Level Two – Town Manager
a) If the aggrieved person is not satisfied with the resolution at Level One, or if no answer is received, they may, within ten (10) days after the answer was due, appeal the grievance to the Town Manager.
b) The Town Manager shall meet with the aggrieved person within ten (10) days of receipt of the grievance for the purpose of resolving the grievance.
c) The Town Manager shall, within ten (10) days after the meeting, render a decision and the reasons therefore, in writing, to the aggrieved person, with a copy to the Union.
3. Level Three – Arbitration
a) If the grievance has not been satisfactorily resolved at Level Two, and the Union deems the grievance meritorious, the Union may submit the grievance to arbitration by submitting a notice for arbitration to the administrative superior Town Manager. The notice for arbitration shall be served through personal service or by registered or certified mail within five ten (510) working days of the receipt of the grievance. The five-day limitation may be extended Level Two decision.
b) Upon receipt by mutual agreementthe Town Manager of a demand for arbitration, the parties shall attempt to mutually agree upon an arbitrator. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step I, in writing, unable to the appropriate District Administrator agree upon an arbitrator within five ten (510) working days of receipt of the Step I administrative decisionnotice for arbitration, the Union shall, within fifteen (15) days, submit the grievance to the American Arbitration Association (AAA) in accordance with the AAA rules then in effect.
c) The decision of the arbitrator shall be final and binding upon the parties, subject to judicial review, and shall be consistent with applicable law and this Agreement. Prior The arbitrator shall have no authority to add to, subtract from, or modify any provision of this Agreement. All costs of arbitration, including fees and expenses of the arbitrator, shall be divided equally between the parties, except that each party shall bear the costs of preparing and presenting its own case.
d) The arbitrator shall fix the time and place of the hearing, taking into consideration the convenience of the parties. The arbitrator shall be requested to issue a written responsedecision within thirty (30) days after the submission of briefs, a face-to-face conference may occur between if any, and completion of the grievant and/or representative and the appropriate District Administratorproceedings. A written response will The arbitrator shall be given to the aggrieved bound by the appropriate District Administrator within five (5) working days rules of the receipt AAA that are applicable to labor relations arbitrations and that are in effect at the time of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decision. The Superintendent or designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) working days of receipt of the appeal. The ten-day limitation may be extended by mutual agreementarbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. Should Formal Step One - The aggrieved may file a grievance not be resolved at the informal level, then the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance;
Step I. The teacher and/or teacher-designated representative will present the grievance in writing with the building principal or immediate supervisor, with a copy to the administrative superior Association President. If such grievance is not filed within seven (in case of a school7) days following the act or condition upon which said grievance is based, or became known, or should have become known, the principal) grievance shall no longer exist. The principal or immediate supervisor shall within ten (10) working days following the completion after receipt of the informal procedure. A written response will be given grievance give the aggrieved by a written answer, with a copy to the administrative superior grievant and the Superintendent. Formal Step Two - If the aggrieved believes that the grievance has not been resolved satisfactorily, the aggrieved may, within five (5) working days after receipt of the written answer as required in Formal Step One, refer it in writing to the Superintendent. The Superintendent shall within ten (10) days after receipt of the grievance, meet with the aggrieved and a union representative to discuss the grievance. The five-day limitation may be extended by mutual agreement. If not satisfiedWithin ten (10) days after such meeting, the teacher and/or teacher-designated representative may appeal the administrative decision in Step I, in writing, Superintendent shall give to the appropriate District Administrator Union, aggrieved, the principal or immediate supervisor a written answer. Formal Step Three - If the aggrieved believes that the grievance has not been resolved satisfactorily, the aggrieved may, within five (5) working days of after receipt of the written answer as required in Formal Step I administrative decision. Prior to a written responseTwo, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administrator. A written response will be given refer it in writing to the aggrieved by the appropriate District Administrator Board of Education. The Board shall within five thirty (530) working days of the after receipt of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decision. The Superintendent or designee(s), prior to written response, will grievance meet face to face with the aggrieved and/or teacher-designated representative and to discuss the administrative superiorgrievance. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within Within ten (10) working days after such meeting, the President of the Board shall give to the grievant, the principal, and the Superintendent a written answer. grievance to arbitration. The demand for arbitration shall specify the alleged violation, misinterpretation, or misapplication upon which the grievance is based, the date of the alleged violation, misinterpretation or misapplication, the names and addresses of the parties, the contractual clause(s) upon which the grievance is based, and the remedy sought. Copies of the demand form will be mailed to the Superintendent with return receipt requested or hand delivered with date of receipt noted. The arbitrator shall be selected in accordance with the Voluntary Labor Arbitration Rules of the appealAmerican Arbitration Association. The ten-day limitation may arbitrator shall have no power to add to, subtract from, disregard, alter, delete, or modify any term of this Agreement and his/her award shall be extended final and binding upon the parties. The fees and expenses of the arbitrator shall be borne by mutual agreementthe loser.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. Should LEVEL ONE – Transportation Supervisor Level: Within five (5) days of the alleged violation of this Agreement or of the grievant’s knowledge of its occurrence, whichever is first, the aggrieved party shall submit a written grievance to the Assistant Superintendent of Business Operations or designee. Within five (5) days of receipt of the written grievance, the Executive Director of Operations or designee shall schedule a Level One hearing. In the event a Level One hearing is not scheduled within the five (5) day limitation, Level One shall be resolved at the informal level, then the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance;
Step I. The teacher and/or teacher-designated representative will present waived and the grievance referred to Level Two. Within five (5) days of the hearing on the grievance, the Transportation Supervisor or designee shall render a decision in writing writing, transmitting a copy to the administrative superior (in case of a schoolUnion, the principal) within ten (10) working days following aggrieved party, and to the completion Assistant Superintendent of Business and Operations. LEVEL TWO – Assistant Superintendent of Business and Operations Level: If the decision of the informal procedure. A written response will be given Executive Director of Operations or designee is unsatisfactory to the aggrieved by grievant, the administrative superior Union, within five (5) working days of the receipt of the grievance. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step I, in writing, to the appropriate District Administrator within five (5) working days of receipt of the Step I administrative Assistant Superintendent of Business and Operations decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administrator. A written response will be given shall transmit to the aggrieved by Superintendent or his/her designee the appropriate District Administrator within Level One decision and a statement of the intent to file at Level Two. Within ten (10) days of a Level Two grievance, the Assistant Superintendent of Business and Operations or his/her designee shall schedule a Level Two hearing. Within five (5) working days of the hearing on the grievance, the Assistant Superintendent of Business and Operations or his/her designee shall render a decision in writing, transmitting a copy to the Union and to the aggrieved party. LEVEL THREE - In the event the Union is not satisfied with the disposition of the grievance at Level Two, the Union must provide written notice of intent to submit the grievance to arbitration within fifteen (15) days after the receipt of the appealdecision in Level Two. After receipt of a notice of intent to arbitrate, the parties shall meet in an attempt to agree on an arbitrator. If the parties are unable to mutually agree on an arbitrator, then the Union may submit the matter to the American Arbitration Association requesting that an arbitrator be selected with their assistance and under their rules. All arbitral proceedings shall be conducted in accordance with the rules established by the American Arbitration Association. The five-day limitation may be extended by mutual arbitrator shall have no power to amend, alter, or modify this Agreement or any supplementary agreement. If The award of the arbitrator shall be based exclusively on evidence presented at the arbitration hearing and the award shall not satisfiedbe based on other extra contract matters not specifically incorporated in this Agreement. There shall be no appeal from the arbitrator’s decision. It shall be final and binding on the Union, the teacher and/or teacher-designated representative may appeal the administrative Board and on all parties. The arbitrator shall have no power to establish salary schedules or set or alter hourly rates. No decision in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decisionarbitrator in any one case shall require retroactive adjustment in any other case. The Superintendent or designee(s), prior to written response, will meet face to face with expenses of the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will arbitration proceedings shall be given to the aggrieved and the administrative superior borne equally by the Superintendent or designee(s) within ten (10) working days parties. Each party shall make arrangements for and pay the expenses of receipt witnesses which are called by them. Representatives of the appealUnion who are called as witnesses by the Employer shall not suffer any loss in their regular wages. The ten-day limitation may arbitrator shall not be extended empowered to rule on any matter which has been made subject to review by mutual agreementapplicable federal, state, or civil regulatory procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. Should a Level I - Administration A copy of the written grievance not shall be resolved at submitted on the informal level, then the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance;
Step I. The teacher and/or teacher-designated representative will present the grievance in writing approved form to the administrative superior aggrieved's principal or administrator concerned within fifteen (in case 15) days of when a schoolreasonable bargaining unit member should have become aware of the alleged violation, the principal) or within ten (10) working days following of the completion of the informal procedureprocedure if followed. A written response will meeting shall be given mutually agreed upon between the aggrieved by and the administrative superior administrator within five seven (57) working days of the receipt filing of the grievance. The five-day limitation Both the aggrieved and the administrator may have present such people who may provide information related to the grievance. Discussion at this meeting shall be extended by mutual agreementconfined to the issues as stated in the grievance and the relief sought. If not satisfiedWithin seven (7) days of the meeting, the teacher and/or teacher-designated representative may appeal administrator shall provide the administrative decision aggrieved with a written response stating his/her position and suggestion for resolving the grievance. Level II - Superintendent If the aggrieved is not satisfied with the suggestions for resolution received in Step Level I, in writing, to the appropriate District Administrator he/she may within five seven (57) working days of receipt of the Step I administrative decision. Prior to a such written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administrator. A submit his/her written response will be given grievance to the aggrieved Superintendent and request a meeting to discuss the grievance. The written grievance submitted to the Superintendent will contain a concise statement of the facts upon which the grievance is based, the disposition by the appropriate District Administrator administration at Level I, and a statement of the questions still unresolved to the satisfaction of the aggrieved. The meeting shall be within five seven (57) working days of the receipt request. The meeting shall be conducted in a manner as stated in Level I. Within seven (7) days of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfiedmeeting, the teacher and/or teacher-designated representative may appeal Superintendent shall provide the administrative decision aggrieved with a written response stating his/her position and suggestions for resolution of the grievance. Level III – Arbitration If the aggrieved is not satisfied with the suggestion for resolution received in Step Level II, in writing, to the Superintendent association may within five seven (57) working days of receipt of the Step II administrative decision. The Superintendent or designee(s), prior to written response, will meet face submit the grievance (if Type I) to face with the aggrieved and/or teacher-designated representative American Arbitration Association. Attorneys may be used, providing they are not from a competitive bargaining unit member organization, by either party at the arbitration level of this procedure. The arbitrator shall be selected by the Association and Superintendent. If the administrative superiorAssociation and Superintendent cannot agree on an arbitrator, the arbitrator shall be selected from the American Arbitration Association according to its voluntary rules and regulations. Then The arbitrator shall hold such meetings, as he/she determines necessary to make a written response will fair and impartial ruling on the grievance as stated. The ruling of the arbitrator shall be given made in writing to the aggrieved and the administrative superior Board. The ruling of the arbitrator shall be final and binding on all parties to the limit of the grievance as stated insofar as the grievance is found to be a Type I grievance as defined herein. The cost of the fees and arbitrator shall be borne by the Superintendent or designee(s) within ten (10) working days of receipt of losing party. If the appeal. The ten-day limitation may losing party cannot be extended by mutual agreementclearly discerned, the arbitrator shall apportion the cost between the parties.
Appears in 1 contract
Samples: Master Contract
Formal Procedure. Should a grievance not be resolved at the informal level, then the teacher and/or teacher- designated representative will complete the following steps in filing Level 1. Within seven (7) days of receipt of a formal grievance;
Step I. The teacher and/or teacher-designated representative will present the grievance in writing to the administrative superior (in case of a school, the principal) within ten (10) working days following the completion of the informal procedure. A written response will be given building principal shall meet with the aggrieved by the administrative superior within Staff Member. Within five (5) working days following any such meeting, the principal shall give his/her answer in writing. If the grievance is not settled at this level, then it may be referred to Level 2 within seven (7) days of receipt of any answer given at this level.
Level 2. Within seven (7) days of a grievance being referred to this level, the receipt Superintendent or designee will meet with the participants of Level 1 and examine the facts of the grievance. The five-day limitation Superintendent shall give his/her written answer within seven (7) days of any such meeting. If the grievance is not settled at this level, then within seven (7) days from receipt of the answer rendered at this level, the grievance may be extended by mutual agreement. If not satisfiedreferred to Xxxxx 0, the teacher and/or teacher-designated representative may appeal School Board.
Level 3. Within fourteen (14) days of a grievance being referred to this level, the administrative decision in Step IBoard will hold a hearing with the participants and examine the facts of the grievance. The Board will thereafter, within fourteen (14) days of such hearing, give its answer, in writing. If the grievance is still not settled, the matter may be referred to the appropriate District Administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administrator. A written response will be given to the aggrieved arbitration by the appropriate District Administrator Association as set forth in Level 4 of this procedure.
Level 4. If the matter is referred to arbitration, then the parties shall first attempt to agree on a mutually acceptable arbitrator. If they are unable to do so within five fourteen (514) working days of the receipt Association’s request for arbitration, then either party shall apply to the American Arbitration Association to name an arbitrator under the rules and procedures of the appealservice. The five-day limitation may be extended by mutual agreement. If not satisfiedarbitrator shall use his/her best efforts to arbitrate the grievance, the teacher and/or teacher-designated representative may appeal the administrative decision in Step IIincluding such matters of procedural and substantive arbitrability, in writingbut he/she shall have no power to add to or subtract from, to the Superintendent within five (5) working days of receipt alter, or modify any of the Step II administrative decisionsaid provisions. The Superintendent or designee(sarbitrator shall thereafter submit a written decision to both parties. The parties agree to share equally in the compensation and expenses of the arbitrator. The arbitrator’s decision shall be advisory on both parties. Nothing contained herein shall be construed to deny to either party the right to take action under RSA 273-A:5,I. (h), prior to written response, will meet face to face with the aggrieved and/or teacherA:5II. (f) and RSA 273-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) working days of receipt of the appeal. The ten-day limitation may be extended by mutual agreementA:15.
Appears in 1 contract
Samples: Master Agreement
Formal Procedure. Should For purposes of Section 7.4 the required timelines shall begin on the first (1st) day following the date of receipt of a grievance not be resolved by the Office of Education or the first (1st) day following receipt of the Office of Education decision by the grievant.
A. Level I Within twenty-five (25) days of the occurrence, or within twenty-five (25) days of when the unit member could reasonably have known of the occurrence of the act or omission giving rise to the grievance, the grievant must present his grievance in writing on an Office of Education provided form to his immediate administrator. On this form the unit member shall make a clear and concise statement of the grievance, the circumstances involved, and the specific article(s) that was allegedly violated, the decision rendered at the informal conference, and the specific remedy sought. The immediate administrator shall communicate a decision to the unit member in writing within ten (10) days from the date the written grievance is received by the immediate administrator. If the immediate administrator does not respond within the time limits, the grievant may appeal to the next level. Within the foregoing time limit either party may request a personal conference to discuss the grievance. Either the grievant or the immediate administrator may have a conferee present at such a conference.
B. Level II In the event the grievant is not satisfied with the decision at Level I, then the teacher and/or teacher- designated representative grievant may appeal the decision to the Division Administrator, within ten (10) days after receiving the decision at Level I. This written appeal statement shall include a copy of the original grievance, the decision rendered at previous level and a clear, concise statement of the reasons for the appeal. The Division Administrator, or his designee, shall communicate a decision within ten (10) days from the date the appeal is received by the Division Administrator. Either the grievant or the Division Administrator, or his designee, may request a personal conference within the foregoing time limits to discuss the grievance. Either party may have a conferee present at such a conference. If the Division Administrator, or his designee, does not respond within the time limits, the grievant may appeal to the next level.
C. Level III In the event the grievant is not satisfied with the decision at Level II, the grievant may appeal the decision to the Superintendent, within ten (10) days after receiving the decision at Level II. The written appeal statement shall include a copy of the original grievance, the decisions rendered at previous levels, and a clear, concise statement of the reasons for the appeal. The Superintendent, or his designee, shall communicate a decision within ten (10) days from the date the appeal is received by the Superintendent. Either the grievant or the Superintendent, or his designee, may request a personal conference within the foregoing time limits to discuss the grievance. Either party may have a conferee present at such a conference. If the Superintendent, or his designee, does not respond within the time limits, the grievant may appeal to the next level.
D. Level IV - Arbitration In the event that the grievant is not satisfied with the decision at Level III, the unit member may request, in writing within five (5) days, that the Association submit the grievance to arbitration. If the Association agrees to proceed, the Association will complete the following steps in filing a formal grievance;
Step I. The teacher and/or teacher-designated representative will present request arbitration of the grievance in writing to the administrative superior Office of Education within fifteen (15) days of the issuance of the Level III decision. Such request must be in case of writing and be accompanied by a schoolwritten statement from the Association agreeing to take the grievance to arbitration. In electing to pursue the grievance through arbitration, the principalgrievant and the Association thereby agree that the arbitration process shall be the only forum for resolving the grievant's claim, that the arbitrator's decision shall be final and binding, and that they will not thereafter attempt to achieve a different resolution through a separate remedial procedure, whether established by statute or by regulation having the force of law. No later than fifteen (15) within ten (10) working days following after the completion Office of Education's receipt of the informal procedurerequest for arbitration from the Association and the grievant(s), the Association and the Office of Education shall meet to determine a mutually acceptable arbitrator. A written response In the event the Association and the Office of Education are unable to reach agreement on a mutually acceptable arbitrator, the Association shall request, within the same fifteen (15) day period, that the American Arbitration Association shall supply a listing of names pursuant to its rules. The Arbitrator selected must be a member of the National Academy of Arbitrators and must have recent experience in arbitration of grievances involving public school employers. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply except where the specific language herein is in conflict, which specific language will prevail. Any award of the arbitrator shall be given binding on the aggrieved grievant, the Association and the Office of Education. It shall be the function of the arbitrator to make an award, if necessary, which will resolve the grievance. The arbitrator shall be subject to the following limitations:
(1) The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this Agreement; but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this Agreement in the respect alleged in the grievance.
(2) The arbitrator shall have no power to establish salary structures or change any salary.
(3) The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post- hearing briefs of the parties.
(4) The arbitrator shall have no power to change any practice, policy, or rule of the Office of Education; nor to substitute his judgment for that of the Office of Education as to the reasonableness of any such practice, policy, rule, or any action by the administrative superior within five Office of Education; nor to adjust, modify or amend salary schedules or classification structures.
(5) working days The standard of review for the arbitrator is whether the Office of Education acted in an arbitrary and capricious manner which is a violation of the receipt express terms of this Agreement.
(6) The arbitrator shall not consider any issue raised by the grievant unless it was made known in writing to the Office of Education in an earlier Level of this Grievance Procedure.
(7) The arbitrator shall have no power to recommend or resolve any of the following:
a. The termination of services or any other disciplinary action or failure to re- employ any member of the Unit.
b. Any matter involving evaluation, except where procedure has been violated.
c. Nothing herein shall be construed to prevent or limit deferral to arbitration by the Public Employment Relations Board pursuant to Government Code Section 3541.5(a)(2)
(8) All fees and expenses of the arbitrator shall be shared equally by the Office of Education and the Association. The Office of Education shall only bear its own expenses. Arbitration hearings shall be held at the Office of Education, unless the parties mutually agree otherwise. If the Office of Education claims that a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, such a claim shall, at the option of the Office of Education and upon reasonable notice, be heard and promptly ruled upon by the arbitrator prior to any hearing on the merits of the grievance. The five-day limitation Upon the request of either party, there shall be a suitable stay/continuance between such a ruling and any further proceedings which may be extended by mutual agreementnecessary. If not satisfiedThe Office of Education may forego the above preliminary motion procedure, and have such a claim heard and ruled upon at the teacher and/or teacher-designated representative may appeal the administrative decision in Step I, in writing, hearing prior to the appropriate District Administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administrator. A written response will be given to the aggrieved by the appropriate District Administrator within five (5) working days of the receipt of evidence on the appeal. The five-day limitation may be extended by mutual agreementmerits. If not satisfiedthe Office of Education should choose to refuse top arbitrate a dispute, nothing in this section shall preclude the teacher and/or teacher-designated representative may appeal the Association from seeking, through appropriate administrative decision in Step II, in writingor judicial proceedings, to compel the Superintendent within five Office of Education to proceed to arbitration.
(59) working days The arbitrator shall have no power to render an award on a grievance claim rising out of receipt of the Step II administrative decision. The Superintendent an act or designee(s), omission prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and effective date of this Agreement or after the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) working days termination of receipt of the appeal. The ten-day limitation may be extended by mutual agreementthis Agreement.
Appears in 1 contract
Samples: Negotiated Agreement
Formal Procedure. Should (a) Level One - School Principal If an aggrieved administrator is dissatisfied with the outcome of informal procedures, he may present his claim as a written grievance not to his principal or other appropriate administrator. The claim should be resolved at as specific as possible. The principal or appropriate administrator shall within (10) days after receipt of the informal level, then written grievance render his decision and the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance;
Step I. The teacher and/or teacher-designated representative will present the grievance reasons therefor in writing to the administrative superior administrator and, if requested by the administrator, to his/her local administrators and supervisors organization.
(in case b) Level Two - Superintendent or His Designee If the administrator is dissatisfied with the disposition of a schoolhis/her grievance at Level One, he/she may within five (5) days after receipt of the principaldecision or after the last day the decision should have been rendered file his/her written grievance with the Superintendent of Schools. The Superintendent or his/her Designee shall within fifteen (15) days after receipt of the written grievance meet with the aggrieved administrator for the purpose of resolving the grievance. A record of this hearing shall be kept by the Superintendent and shall be made available to the participants upon written request. The Superintendent or his designee shall within ten (10) working days following after the completion of the informal procedure. A written response will be given hearing render his/her decision and the reasons therefore in writing to the administrator, and, if requested by the administrator, to his/her local administrators and supervisors organization.
(c) Level Three-Board of Education If the aggrieved by administrator is dissatisfied with the administrative superior disposition of his/her grievance at Level Two, he/she may within five (5) working days of the after receipt of the decision, or after the last day the decision should have been written, file his/her written grievance with the Board of Education through the Superintendent’s Office. The Board of Education shall within twenty (20) days after receipt of the grievance meet with the aggrieved administrator for the purpose of resolving the grievance. A record of this hearing shall be kept by the Superintendent and shall be made available to the participants upon written request. The five-day limitation may be extended Board shall within ten (10) days after completion of the hearing render its decision and the reasons therefore in writing to the administrator, and, if requested by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step I, in writingadministrator, to his/her local administrators and supervisors organization.
(d) Level Four - Arbitration If the appropriate District Administrator aggrieved administrator(s) is/are dissatisfied with the disposition of his or her grievance at Level Three, he/she may, within three (3) days after the decision, request in writing to the President of WASA that the grievance be submitted to arbitration. XXXX xxx, within five (5) working days of after receipt of such request, submit the Step I administrative decisiongrievance to arbitration by notifying the Board in writing. Prior to a written responseThe Board, a face-to-face conference may occur between acting through the grievant and/or representative Superintendent, and the appropriate District Administrator. A written response will be given to the aggrieved by the appropriate District Administrator WASA, acting through their legal representatives, shall, within five (5) working days after such written notice, jointly select an arbitrator who is an experienced and impartial person of the receipt of the appeal. The five-day limitation may be extended by mutual agreementrecognized competence. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, parties are unable to the Superintendent agree on an arbitrator within five (5) working days the matter shall be submitted to the American Arbitration Association under the Rules of receipt Voluntary Arbitration of the Step II administrative decisionAmerican Arbitration Association. The Superintendent arbitrator shall have no authority to add to, subtract from or designee(s), prior to written response, will meet face to face with in any way modify the aggrieved and/or teacher-designated representative and terms of this Agreement. The costs of the administrative superior. Then a written response will services of the arbitrator shall be given to the aggrieved and the administrative superior borne equally by the Superintendent or designee(s) within ten (10) working days of receipt of the appealBoard and WASA. The ten-day limitation may arbitrator’s decision rendered in accordance with his/her jurisdiction and authority hereunder shall be extended by mutual agreementfinal and binding and shall be enforceable under applicable statutes.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. Should a A. Step 1 In the event the matter is not resolved informally, the grievance not shall be resolved at submitted in writing to the informal level, then principal of the school in which said grievance arises within fifteen (15) school days following the act or condition which is the basis of the grievance.
1. The grievance may be lodged and thereafter discussed with the principal:
(a) by the teacher and/or teacher- designated representative will complete accompanied by the following steps Association representative
(b) by the Association representative, if the teacher so requests
(c) by a teacher on his own behalf
(d) by the Association in filing a formal the name of the Association.
2. Within five (5) school days after receiving the written grievance;
Step I. The teacher and/or teacher-designated representative will present , the principal shall communicate his/her decision on the grievance in writing to the administrative superior (in case of grievant or the Association representative with a school, copy to the principal) within Superintendent.
B. Step 2 Within ten (10) working school days following after receiving the completion decision of the informal procedureprincipal, the teacher may, on his/her own or through the Association representative appeal, the decision of the principal to the Superintendent or any designee of the Superintendent upon whom the Superintendent has conferred authority to act.
1. A written response will be given the aggrieved by the administrative superior within Within five (5) working school days after receiving the appeal, the Superintendent or any designee of the Superintendent upon whom the Superintendent has conferred authority to act shall investigate, meet, and confer on the grievance. All persons who participated in Step 1 shall have the opportunity to be heard.
2. Within ten (10) school days after the meeting on the appeal, the Superintendent or his/her designee shall communicate his/her decision in writing to the aggrieved teacher with a copy to the principal and the Association representative.
C. Step 3 Within twenty (20) school days after receiving the decision of the Superintendent or his/her designee the Association and/or grievant may appeal the grievance to the Board of Education.
1. No later than twenty (20) school days after receiving the appeal in writing the Board shall meet pursuant to the "Open Meetings Act". All persons listed in Step 1, shall have the right to participate in this step.
2. Within ten (10) school days after said meeting, the Board shall communicate its decision in writing to the aggrieved teacher, if any, the Superintendent, the Building Principal, and the Association.
D. Step 4 Within thirty (30) school days after receiving the decision from the Board of Education, if there is to be an appeal, the Association shall submit the grievance to Binding Arbitration under the rules of the American Arbitration Association.
1. In the event that the Association does not file the grievance with the American Arbitration Association within thirty (30) school days after the receipt of the grievanceBoard's decision, the grievance shall be deemed abandoned and the Board's decision shall be considered accepted.
2. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step I, in writing, to the appropriate District Administrator within five (5) working days of receipt fees and expenses of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between arbitrator and of the grievant and/or representative American Arbitration Association shall be shared equally by the Board and the appropriate District Administrator. A written response will be given to the aggrieved by the appropriate District Administrator within five (5) working days of the receipt of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decision. The Superintendent or designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) working days of receipt of the appeal. The ten-day limitation may be extended by mutual agreementAssociation.
Appears in 1 contract
Samples: Master Agreement
Formal Procedure. Should A. Level 1 The grievant** shall file the grievance in writing with the building principal or supervisor. The grievance shall be signed by the grievant containing a concise statement of the complaint, the facts upon which it is based, the specific provisions of this agreement alleged to have been violated, and the relief sought. The principal or supervisor will meet with the grievant* within seven (7) days and furnish the grievant* his/her disposition-including his rationale for such disposition-in writing within five (5) days from such meeting. *And representative, if desired by the grievant. **Or representative, if desired by the grievant.
B. Level 2 If the grievance is not be resolved at Xxxxx 0, the informal levelgrievant** may, then within five (5) days of receipt of the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance;
Step I. The teacher and/or teacher-designated representative will present Level 1 disposition, appeal the grievance in writing to the administrative superior Superintendent. Within seven (7) days after the filing of the grievance in case of a schoolLevel 2, the principal) within ten (10) working days following Superintendent or his/her administrative designee shall conduct a hearing with the completion of grievant*. The Superintendent or his/her administrative designee shall give his/her disposition to the informal procedure. A written response will be given the aggrieved by the administrative superior grievant* in writing within five (5) working days of from such hearing.
C. Level 3 If the receipt of the grievance. The five-day limitation may be extended by mutual agreement. If grievance is not satisfiedresolved at Xxxxx 0, the teacher and/or teacher-designated representative may appeal the administrative decision in Step Igrievant** may, in writing, to the appropriate District Administrator within an additional five (5) working days of receipt of the Step I administrative decisionLevel 2 disposition, file the grievance in writing with the Treasurer. Prior to At its next regular or scheduled special Board meeting, the Board will hold a written response, a facehearing with the grievant*. The Treasurer shall provide the grievant* with forty-toeight (48) hours’ notice of the hearing unless notice of appeal is presented less than forty-face conference may occur between the grievant and/or representative and the appropriate District Administrator. A written response will be given eight (48) hours prior to the aggrieved by the appropriate District Administrator within Board meeting. Within five (5) working days of after the receipt of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfiedhearing, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, Board shall give its written disposition to the Superintendent grievant*.
D. Level 4 If the grievance is not resolved at Xxxxx 0, the grievant** may within an additional five (5) working days of receipt of the Step II administrative decisionLevel 3 disposition, request arbitration by filing a written notice of the request to the Superintendent. An arbitrator shall be selected by the alternate strike method from a list of seven arbitrators furnished by the American Arbitration Association. Either side may request a second list. The Superintendent or designee(s), prior to written response, will meet face to face arbitrator shall conduct a hearing and issue his/her award in accordance with the aggrieved and/or teacher-designated representative voluntary rules of the American Arbitration Association. The arbitrator will render the written decision and award no later than thirty (30) days following the administrative superiorclosing of the record case. Then a written response will His/her decision shall be given final and binding on the Association, its members, the employee or employees involved, and all other agents of the Board of Education. The arbitrator shall not have power to amend, modify, add to, or subtract from the aggrieved and terms of this agreement. Costs for the administrative superior arbitrator’s services shall be borne equally by both parties. No grievances shall be processed to arbitration unless the Association agrees to represent the grievant. *And representative, if desired by the Superintendent or designee(s) within ten (10) working days of receipt of grievant. **Or representative, if desired by the appeal. The ten-day limitation may be extended by mutual agreementgrievant.
Appears in 1 contract
Formal Procedure. Should a a. Step 1 In the event the matter is not resolved informally, the grievance shall be submitted in writing to their supervisor within fifteen (15) days following the act or condition which is the basis of the grievance.
i. The written grievance must state the specific provision of the contract that has been alleged to have been violated, what was the alleged violation, and any proposed remedy to such violation. A grievance that does not contain all such information will not be resolved at accepted or processed through the informal level, then grievance process.
ii. The grievance may be lodged and thereafter discussed with the teacher and/or teacher- designated representative will complete supervisor:
a) by the following steps in filing a formal grievancefacilitator accompanied by the Federation representative;
Step I. The teacher and/or teacher-designated representative will present b) by the Federation representative, if the facilitator so requests;
c) by a facilitator on his/her own behalf; or
d) by the Federation in the name of the Federation.
iii. Within ten (10) days after receiving the written grievance, the supervisor shall communicate his/her decision on the grievance in writing to the administrative superior (in case of a school, grievant or the principal) within Federation representative.
b. Step 2
i. Within ten (10) working days following after receiving the completion decision of the informal proceduresupervisor the Federation and/or grievant may appeal the grievance to the Assistant Superintendent for Human Resources. A written response No later than twenty (20) days after receiving the appeal in writing, the Grievant and the Assistant Superintendent or his/her designee will meet to review the grievance.
ii. Within ten (10) days after said meeting, the Assistant Superintendent will communicate his/her decision in writing to the aggrieved facilitator, if any, the Superintendent, and the Federation.
c. Step 3
i. Within thirty (30) days after receiving the decision from the Assistant Superintendent, if there is to be an appeal, the Federation shall submit the grievance to binding arbitration to the American Arbitration Federation.
a) The process used will be given the aggrieved determined by the administrative superior AAA labor arbitration rules.
b) The arbitrator shall be bound to apply the law of the State of Michigan relating to the interpretation of collective bargaining agreements and shall be bound to resolve the dispute within five the specific terms of this agreement.
c) The arbitrator shall have no power to alter, modify, add to, or subtract from the provisions of this Agreement. His/her authority shall be limited to deciding whether there is a violation of the terms and conditions of this Agreement. The arbitrator shall have no authority to impose or fashion any remedy beyond that which may be allowed by this Agreement.
d) The arbitrator shall not be authorized to make any determination or issue any resolution that is contrary to the laws of the United States and/or the State of Michigan.
e) The arbitrator shall not be authorized to order back pay or any retroactive wages beyond six months prior to the date of the filing of the written grievance in any matter.
f) The arbitrator's decision shall be binding on both parties. If the decision by the arbitrator is split, giving each side of the arbitration a partial remedy, the fees of the arbitrator shall be split equally by the Agency and the Federation. If the decision by the arbitrator favors one side only, then the arbitrator's fee shall be paid by the party against who the arbitration decision is made. Each party will pay its own cost in preparing for the arbitration, including attorney fees.
g) In the event the Federation does not file a demand for arbitration with the AAA within thirty (530) working days of after the receipt of the grievance. The five-day limitation may be extended by mutual agreement. If not satisfiedAssistant Superintendent’s decision, the teacher and/or teacher-designated representative may appeal the administrative decision in Step I, in writing, to the appropriate District Administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative grievance shall be deemed abandoned and the appropriate District Administrator. A written response will Assistant Superintendent’s decision shall be given to the aggrieved by the appropriate District Administrator within five (5) working days of the receipt of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decision. The Superintendent or designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) working days of receipt of the appeal. The ten-day limitation may be extended by mutual agreementconsidered accepted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. Should a grievance 1. Level One - School Director
(a) If an aggrieved person is not be resolved at satisfied with the outcome of informal levelprocedures, then the teacher and/or teacher- designated representative will complete the following steps in filing or if he/she has elected not to use them, he/she may present his/her claim as a formal grievance;
Step I. The teacher and/or teacher-designated representative will present the grievance in writing to the administrative superior appropriate administrator and to the grievance representative.
(b) The appropriate administrator shall, within five (5) days after receipt of the written grievance, render his/her decision and the reasons therefore in case writing to the aggrieved person, with a copy to the Association grievance representative.
2. Level Two - IDGB
(a) If an aggrieved person is not satisfied with the disposition of a schoolhis/her grievance at Level One, he/she may, within three (3) days after the principal) decision, or within ten (10) working days following after his/her formal presentation, request the completion of Association's grievance representative to refer his/her grievance to the informal procedure. A written response will be given IDGB.
(b) The IDGB shall meet in executive session with the aggrieved by person and with the administrative superior grievance representative and the Director for the purpose of reviewing the grievance. The executive session hearing shall occur within fifteen (15) days after receipt of such written grievance.
(c) The IDGB shall, within ten (10) days after such meeting, render its decision and the reasons therefore in writing to the aggrieved person with a copy to the Association grievance representative.
(d) The parties may mutually agree to waive the level two meeting and move directly to level three, impartial arbitration.
3. Level Three - Impartial Arbitration
(a) If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two, he/she may, within five (5) working days after the decision, or within eight (8) days after the Board meeting, request in writing to the President of the Association that his/her grievance be submitted to arbitration.
(b) The Association may, within ten (10) days after receipt of such request, if it formally determines that the grievance is meritorious, submit the grievance to arbitration by so notifying the IDGB in writing, with a copy to the School Director.
(c) Upon the filing of a grievance to arbitration, representatives of the IDGB and the Association shall confer regarding the selection of a mutually acceptable impartial arbitrator. Any arbitrator so selected shall be bound by the American Arbitration Association Voluntary Labor Arbitration Rules. In the event that the parties cannot agree on an arbitrator within ten (10) days following receipt of the arbitration filing, the matter shall be submitted to the American Arbitration Association under its Voluntary Labor Arbitration Rules.
(d) The arbitrator selected shall confer promptly with the representatives of the IDGB and Association, shall review the record of prior proceedings, and shall hold a hearing with the aggrieved person and other parties in interest as he/she shall deem requisite.
(e) The arbitrator shall, within thirty (30) days after the hearing, render his/her decision in writing to the Association and the IDGB, setting forth his/her findings of fact reasoning and conclusions. The arbitrator shall hear and decide only one grievance in each case. The arbitrator shall have no power in any matter to make an award which amends, adds to, subtracts from or eliminates any provision of this Agreement. The arbitrator shall be bound by and must comply with all the terms of the contract. The decision of the arbitrator shall be final and binding on all parties.
(f) The costs for the services of the arbitrator shall be borne equally by the IDGB and the Association.
(g) At any time prior to the commencement of the arbitration hearing, the IDGB may elect to call for mediation of the grievance. The five-day limitation may costs for the services of the mediator will be extended borne equally by mutual agreementthe IDGB and the Association. If the matter is not satisfiedresolved by mediation, then the teacher and/or teacher-designated representative dispute may appeal the administrative decision in Step Iproceed towards arbitration, in writing, to the appropriate District Administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administrator. A written response will be given to the aggrieved by the appropriate District Administrator within five (5) working days of the receipt of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decision. The Superintendent or designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) working days of receipt of the appeal. The ten-day limitation may be extended by mutual agreementas provided above.
Appears in 1 contract
Samples: Professional Services
Formal Procedure. Should a grievance A. Level One - School Principal
1. If an aggrieved person and/or the Union is not be resolved at satisfied with disposition of the problem through informal levelprocedures, then she/he may submit the teacher and/or teacher- designated representative will complete the following steps in filing claim as a formal grievance;
Step I. The teacher and/or teacher-designated representative will present the grievance in writing to her/his principal or designee. A grievance must be submitted as a formal grievance within fifteen (15) working days of the administrative superior event giving rise to the grievance. A meeting shall be scheduled within fifteen (15) working days of receipt of such grievance.
2. The principal or supervisor shall, within ten (10) working days, render a decision and the reasons therefore in case writing to the aggrieved person, with a copy to the Union President.
B. Level Two - Superintendent of a schoolSchools
1. In the event that such aggrieved employee and/or the Union is not satisfied with the disposition of the grievance at Level One, or in the principal) event that no decision has been rendered within ten (10) working days following the completion of the informal procedure. A written response will be given the aggrieved by the administrative superior within five (5) working days of the receipt after presentation of the grievance. The five-day limitation , he or she and/or the Union may be extended by mutual agreement. If not satisfied, submit the teacher and/or teacher-designated representative may appeal the administrative decision in Step I, in writing, to the appropriate District Administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administrator. A written response will be given to the aggrieved by the appropriate District Administrator within five (5) working days of the receipt of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, grievance to the Superintendent within five fifteen (515) days of the Level One response.
2. The Superintendent of Schools shall represent the administration/management at this level of the grievance procedure. Within fifteen (15) working days of after receipt of this written grievance by the Step II administrative decision. The Superintendent, the Superintendent or designee(s), prior to written response, will shall meet face to face with the aggrieved person and/or teacher-designated the Union in an effort to resolve it. The aggrieved person may be accompanied by a representative of the Union.
C. Level Three
1. In the event the grievant and the administrative superior. Then a written response will be given Union are not satisfied with the disposition of the grievance at Level Two and wishes to proceed further she/he and/or the aggrieved and the administrative superior by the Superintendent or designee(s) Union shall, within ten (10) working school days of and/or work days after receipt of the appealSuperintendent’s answer, send to the American Arbitration Association by United States mail, postage prepaid and certified, return receipt requested, with a copy to the Superintendent, a request for arbitration in accordance with the Voluntary Rules for Labor Arbitration of the American Arbitration Association, provided that the Arbitrator's award, except for suspensions and discharges, and issues having a direct monetary or economic impact shall be advisory, unless the Board and the grievant and the Union have agreed, prior to the submission of the issue to the Arbitrator, to accept a final and binding award. The ten-day limitation may cost of Arbitration shall be extended borne equally by mutual agreementthe Board and the Union.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. Should a grievance not be resolved at the informal level, then the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance;:
Step I. The teacher and/or teacher-designated representative will present the grievance in writing to the administrative superior (in case of a school, the principal) within ten (10) working days following the completion of the informal procedure. A written response will be given the aggrieved by the administrative superior within five (5) working days of the receipt of the grievance. The five-day limitation may be extended by mutual agreement.
Step II. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step I, in writing, to the appropriate District Administrator administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administratoradministrator. Human Resources will notify the grievant as to whether or not a face-to-face conference will be scheduled. A written response will be given to the aggrieved by the appropriate District Administrator administrator within five (5) working days of the receipt of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decision. The Superintendent or designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) working days of receipt of the appeal. The ten-day limitation Any deadline at any step may be extended by mutual agreement.
Appears in 1 contract
Samples: Teacher Employment Agreement
Formal Procedure. Should For purposes of Section 7.4 the required timelines shall begin on the first (1st) day following the date of receipt of a grievance not be resolved by the Office of Education or the first (1st) day following receipt of the Office of Education decision by the grievant.
A. Level I Within twenty-five (25) days of the occurrence, or within twenty-five (25) days of when the unit member could reasonably have known of the occurrence of the act or omission giving rise to the grievance, the grievant must present his grievance in writing on an Office of Education-provided form to his Director. On this form the unit member shall make a clear and concise statement of the grievance, the circumstances involved and the specific article that was allegedly violated, the decision rendered at the informal level, then conference and the teacher and/or teacher- designated representative will complete specific remedy sought. The Director shall communicate a decision to the following steps in filing a formal grievance;
Step I. The teacher and/or teacher-designated representative will present the grievance unit member in writing to the administrative superior (in case of a school, the principal) within ten (10) working days following from the completion of date the informal procedure. A written response will be given the aggrieved grievance is received by the administrative superior Director. If the Director does not respond within five (5) working days of the receipt of time limits, the grievant may appeal to the next level. Within the foregoing time limit either party may request a personal conference to discuss the grievance. The five-day limitation Either the grievant or the Director may be extended by mutual agreement. If have a conferee present at such a conference.
B. Level II In the event the grievant is not satisfiedsatisfied with the decision at Level I, the teacher and/or teacher-designated representative grievant may appeal the administrative decision in Step I, in writing, to the appropriate District Division Administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administrator. A written response will be given to the aggrieved by the appropriate District Administrator within five (5) working days of the receipt of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decision. The Superintendent or designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) working days after receiving the decision at Level I. This written appeal statement shall include a copy of receipt the original grievance, the decision rendered at previous level and a clear, concise statement of the reasons for the appeal. The ten-day limitation Division Administrator, or his designee, shall communicate a decision within ten (10) days from the date the appeal is received by the Division Administrator. Either the grievant or the Division Administrator, or his designee, may be extended by mutual agreementrequest a personal conference within the foregoing time limits to discuss the grievance. Either party may have a conferee present at such a conference. If the Division Administrator, or his designee, does not respond within the time limits, the grievant may appeal to the next level.
C. Level III In the event the grievant is not satisfied with the decision at Level II, the grievant may appeal the decision to the Superintendent within ten (10) days after receiving the decision at Level
Appears in 1 contract
Samples: Negotiated Agreement
Formal Procedure. Should a grievance not be resolved at the informal level, then the teacher and/or teacher- teacher-designated representative will complete the following steps in filing a formal grievance;
Step I. The teacher and/or teacher-designated representative will present the grievance in writing to the administrative superior (in case of a school, the principal) within ten (10) working days following the completion of the informal procedure. A written response will be given the aggrieved by the administrative superior within five (5) working days of the receipt of the grievance. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step I, in writing, to the appropriate District Administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administrator. A written response will be given to the aggrieved by the appropriate District Administrator within five (5) working days of the receipt of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decision. The Superintendent or designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) working days of receipt of the appeal. The ten-day limitation may be extended by mutual agreement.
Appears in 1 contract
Samples: Teacher Employment Agreement
Formal Procedure. Should a grievance not be resolved at the informal level, then the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance;:
Step I. The teacher and/or teacher-designated representative will present the grievance in writing to the administrative superior (in case of a school, the principal) within ten (10) working days following the completion of the informal procedure. A written response will be given the aggrieved by the administrative superior within five (5) working days of the receipt of the grievance. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step I, in writing, to the appropriate District Administrator administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administratoradministrator. A written response will be given to the aggrieved by the appropriate District Administrator administrator within five (5) working days of the receipt of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decision. The Superintendent or designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) working days of receipt of the appeal. The ten-day limitation may be extended by mutual agreement.
Appears in 1 contract
Samples: Teacher Employment Agreement
Formal Procedure. Should LEVEL ONE - Supervisor's Level: Within five (5) days of the alleged violation of this Agreement or of the grievant's knowledge of its occurrence, whichever is first, the aggrieved party shall submit a written grievance to the Superintendent or designee. Within five (5) days of receipt of the written grievance, the Superintendent or designee shall schedule a Level One hearing. In the event a Level One hearing is not scheduled within the five (5) day limitation, Level One shall be resolved at the informal level, then the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance;
Step I. The teacher and/or teacher-designated representative will present waived and the grievance referred to Level Two. Within five (5) days of the hearing on the grievance, the Assistant Superintendent or designee shall render a decision in writing writing, transmitting a copy to the administrative superior Union, the aggrieved party, and the Superintendent or designee. LEVEL TWO - Superintendent's Level: If the decision of the Assistant Superintendent or designee is not satisfactory to the grievant, the Union, within five (in case 5) days of receipt of the Assistant Superintendent’s or designee’s decision, shall transmit to the Superintendent or his/her designee the Level One decision, and a statement of intent to file at Level Two. Within ten (10) days of a schoolLevel Two grievance, the principalSuperintendent or his/her designee shall schedule a Level Two hearing. Within ten (10) days of the hearing on the grievance, the Superintendent or his/her designee shall render a decision in writing, transmitting a copy to the Union and to the aggrieved party. Group grievances, or grievances over which the Assistant Superintendent or designee has no control may be started at Level Two, provided they are reduced to writing within ten (10) working days following of their occurrence or knowledge of occurrence. After receipt of a notice of intent to arbitrate, the completion parties shall meet in an attempt to agree on an arbitrator. If the parties are unable to mutually agree on an arbitrator, then the Union may submit the matter to the Michigan Employment Relations Commission or American Arbitration Association requesting that an arbitrator be selected with their assistance and under their rules. All arbitral proceedings shall be conducted in accordance with the rules established by the American Arbitration Association. The arbitrator shall have no power to amend, alter, or modify this Agreement or any supplementary agreement. The award of the informal procedurearbitrator shall be based exclusively on evidence presented at the arbitration hearing and the award shall not be based on other extra contract matters not specifically incorporated in this Agreement. A written response will There shall be given no appeal from the aggrieved arbitrator's decision. It shall be final and binding on the Union, the Board, and on all parties. The arbitrator shall have no power to establish salary schedules or set or alter hourly rates. No decision of the arbitrator in any one case shall require retroactive adjustment in any other case. The expenses of the arbitration proceedings shall be borne equally by the administrative superior within five (5) working days parties. Each party shall make arrangements for and pay the expenses of witnesses which are called by them. Representatives of the receipt Union who are called as witnesses shall not suffer any loss in their regular wages. The arbitrator shall not be empowered to rule on matters that are subject to applicable federal, state, or civil regulatory procedures. This provision shall not be construed to unreasonably restrict utilization of the grievance. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step I, in writing, to the appropriate District Administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administrator. A written response will be given to the aggrieved by the appropriate District Administrator within five (5) working days of the receipt of the appeal. The five-day limitation may be extended by mutual agreement. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decision. The Superintendent or designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) working days of receipt of the appeal. The ten-day limitation may be extended by mutual agreementgrievance procedure.
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Samples: Master Agreement