Formal Procedure. (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in the Human Resources Office). Level One 12.3.1 If the grievant is not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known of the most recent condition upon which the grievance is based. This form shall require a clear, concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee. 12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c). 12.3.3 Within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party. 12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee. 12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two 12.3.6 If the grievance is not resolved at the formal conference, the grievant may, within ten (10) days after receipt of the immediate supervisor’s or designee’s written response, submit an appeal on the appropriate form to the Superintendent/President or designee. The statement of appeal shall include a copy of the original grievance, the decision rendered by the immediate supervisor, and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee may meet with the grievant and shall communicate in writing the decision to the grievant no later than ten
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in the Human Resources Office). Level One
12.3.1 Step 1 If the grievant a grievance is not satisfiedresolved under the informal procedure, said grievant the grievance shall complete be reduced in writing on the grievance form and file a District Grievance Form within thirty (30) days after shall be filed with the grievant knewOAPSE Local #382 President, and then the immediate supervisor or by reasonable diligence could have known Principal, whomever is in charge of the most recent condition upon unit to which the grievance is basedassigned, not later than fifteen (15) working days after the date on which the claimed violation, misinterpretation or misapplication occurred. This form shall require a clear, concise, written statement Copies of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone distributed to the Superintendent/President or designee . If the written grievance is not filed within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) days from workdays of receipt of the time written grievance, the immediate supervisor or Principal may meet with the grievant receives notice of said rejectionor request additional written information in an effort to resolve the grievance. The appeal immediate supervisor or Principal shall be indicate in written writing to the grievant on the grievance form and include a clear, concise statement his/her disposition of the basis grievance and the reasons for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached said disposition, within five (5) dayswork days of the Step 1 meeting. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the responsedisposition of the grievance in Step 1, or if no disposition has been made within the above stated time limitations, the grievant may proceed shall notify the Superintendent in writing that the grievance is being appealed to arbitration Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (5) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in accordance with section 12.3.8 on this issue aloneStep 1. The non-prevailing party at Copies of said form shall be forwarded to the arbitration hearing OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 be considered waived and further action barred. Within ten (10) working days after receiving the grievanceof his/her receipt of such written notice, the immediate supervisor or designee Superintendent shall meet with the grievantgrievant or may request additional information in an effort to resolve the grievance. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee The Superintendent shall provide a response indicate in writing to the grievant, to grievant on the leader grievance form his/her disposition of the Faculty Association Professional Rights and Responsibilities Committee, grievance and the Vice President, Human Resources or designee.
12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, reasons for said disposition within ten five (105) days of the rendering Step 2 meeting. Copies of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conference, the grievant may, within ten (10) days after receipt of the immediate supervisor’s or designee’s written response, submit an appeal on the appropriate form this disposition shall be forwarded to the Superintendent/President or designee. The statement of appeal shall include a copy of the original grievance, the decision rendered by the immediate supervisorOAPSE Local #382 President, and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the grievant’s immediate supervisor. The Superintendent/President supervisor or designee may meet with the grievant and shall communicate in writing the decision to the grievant no later than tenPrincipal.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Formal Procedure. (see Appendices X-0The parties acknowledge that it is usually most desirable for an employee and his/her immediately involved supervisor to resolve problems through free and informal communication. The Board recognizes the right of the Association to designate its grievance committee and principal grievance representative. At least one grievance committee representative shall be present for any meetings, X-0hearing, X-0 and G-4 for approved forms available appeals, or other proceedings relating to a grievance, which has been formally presented. When requested by the aggrieved person, the grievance representative may intervene to assist in the Human Resources Office)resolution. Level OneHowever, should such informal processes fail to satisfy the Aggrieved person or the Association, it shall be stated in writing by the Aggrieved Person that it is unresolved and proceed to Step 1, then a grievance shall be processed as follows:
12.3.1 If the grievant is not satisfied, said grievant shall complete and file a District Grievance Form Step 1: A grievance must be filed within thirty twenty (3020) days after following the grievant knewdate on which the action being grieved became known, or by reasonable diligence could have known of the most recent condition upon which the grievance is based. This form shall require a clear, concise, written statement of the grievance, including specific provisions of the Agreement alleged reasonably be expected to have been violatedknown, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to The Aggrieved Person or the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time Grievance Committee of the conference, Association shall present the immediate supervisor or designee shall provide a response Grievance in writing to the grievantimmediately involved supervisor, to under the leader level of the Faculty Association Professional Rights and Responsibilities CommitteePrincipal, and the Vice President, Human Resources or designee.
12.3.5 If the grievant does not elect who will arrange for a meeting to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conference, the grievant may, take place within ten (10) days after receipt of the immediate supervisor’s or designee’s grievance. The Aggrieved Person, the Association representative, and the Immediately-Involved Supervisor shall be present for the meeting. The Immediately Involved Supervisor must provide the Aggrieved Person and the Association with a written response, submit an appeal answer on the appropriate form Grievance within six (6) days after the meeting. Such answer shall include reasons upon which the decision was based. The filing of the Grievance at this step shall occur within ten (10) days after failure to reach agreement under Section 5.3 above. Should the Immediately-Involved Supervisor be the Principal, Step 1 shall be omitted.
Step 2: If the grievance is not resolved at Step 1, then the Grievance Committee shall refer the Grievance to the Superintendent/President Principal within six (6) days after receipt of the Step 1 answer or designeewithin ten (10) days after the Step 1 meeting, whichever is the latter. The statement of appeal Principal shall include arrange for a copy meeting with the representative of the original grievance, the decision rendered by the immediate supervisor, and a clear, concise statement Association's Grievance Committee to take place within ten (10) days of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at his/her receipt of the appeal. The scope Each party shall have the right to include in its representation such witnesses and advisors, as it deems necessary to develop the facts pertinent to the Grievance. Upon conclusion of the appeal shall be confined hearing the principal will have six (6) days in which to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendentprovide his/President or designee may meet with the grievant and shall communicate in writing the her written decision to the grievant no later than tenAssociation.
Step 3: If the Grievance is not resolved in Step 1 or Step 2 as applicable, then the Grievance Committee shall refer the grievance to the Superintendent within six (6) days after receipt of the Step 1 or Step 2 answer as applicable, or within ten (10) days after the Step 1 or Step 2 meeting, as applicable, whichever is the latter. The Superintendent shall arrange for a meeting with the representative of the Association's Grievance Committee to take place within ten (10) days of his/her receipt of the appeal. Each party shall have the right to include in its representation such witnesses and advisors as it deems necessary to develop facts pertinent to the Grievance. Upon conclusion of the hearing, the Superintendent will have six (6) days in which to provide his/her written decision to the Association.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. (see Appendices X-0G-1, X-0G-2, X-0 G-3 and G-4 for approved forms available in the Human Resources Office). Level One
12.3.1 If the grievant is not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known of the most recent condition upon which the grievance is based. This form shall require a clear, concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.
12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conference, the grievant may, within ten (10) days after receipt of the immediate supervisor’s or designee’s written response, submit an appeal on the appropriate form to the Superintendent/President or designee. The statement of appeal shall include a copy of the original grievance, the decision rendered by the immediate supervisor, and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee may meet with the grievant and shall communicate in writing the decision to the grievant no later than ten
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Employment Agreement
Formal Procedure. (see Appendices X-0GI1, X-0GI2, X-0 GI3 and G-4 GI4 for approved forms available in the Human Resources Office). Level One
12.3.1 If the grievant is not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known of the most recent condition upon which the grievance is based. This form shall require a clear, concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader Chair of the Faculty Association Professional Rights and Responsibilities Contractual Grievance Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing nonIprevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader Chair of the Faculty Association Professional Rights and Responsibilities Contractual Grievance Committee, and the Vice ViceI President, Human Resources or designee.
12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent nonIprecedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conference, the grievant may, within ten (10) days after receipt of the immediate supervisor’s or designee’s written response, submit an appeal on the appropriate form to the Superintendent/President or designee. The statement of appeal shall include a copy of the original grievance, the decision rendered by the immediate supervisor, and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee may meet with the grievant and shall communicate in writing the decision to the grievant no later than ten
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. Except as is indicated in section 13.7 of this article, “Skipping Steps,” formal grievance must be filed at Step One within ten (see Appendices X-0, X-0, X-0 and G-4 10) days following the time at which the employee and/or the Union could have reasonably been aware of the existence of the situation which is the basis for approved forms available in the Human Resources Office)grievance. Level One
12.3.1 If Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The grievance will be presented verbally or by e-mail to the employee’s immediate supervisor by the grievant is not satisfied, said and/or the Union Xxxxxxx. The supervisor will then arrange for a discussion with the employee and/or the xxxxxxx to be held within five (5) days after receiving the oral grievance. The supervisor will submit a written or oral answer to the grievant shall complete and file a District Grievance Form and/or xxxxxxx within thirty three (303) days after the grievant knew, or by reasonable diligence could have known of the most recent condition upon which arranged discussion. STEP TWO: If the grievance is basednot resolved at Step One, then within seven (7) days of the receipt of the Step One answer, the grievant and/or the xxxxxxx will present the grievance in writing at Step Two, which shall be with the Department Manager or designee. This form At this stage, the grievance shall require include, at a clearminimum, concise, written a brief statement of facts, the grievance, including specific provisions provision(s) of the Agreement alleged to have been violated, misapplied, violated or misinterpreted, the circumstances involved, the specific remedy sought, rules or regulations alleged to have been discriminatorily applied and the decision (if any) rendered at the informal conferenceadjustment sought. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within Within five (5) days. If days of receipt of the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within ten (10) days after receiving the Step Two grievance, the immediate supervisor Manager or designee shall meet will hold a meeting with the grievantgrievant and their Union representative(s). Within these ten (10) days, and prior to Appropriate University representatives may also participate in the conference, the grievant may file an amended grievance form with the appropriate vice president or designeemeeting. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.
12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at this meeting, then within seven (7) days of the formal conferencemeeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union xxxxxxx of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant may, within ten (10) days after receipt of and/or the immediate supervisor’s or designee’s written response, submit an appeal on xxxxxxx will present the grievance in writing at Step Three which shall be the appropriate form to the Superintendent/Xxxx, divisional Vice President or designee. The statement Within fourteen (14) days of appeal shall include a copy receipt of the original Step Three grievance, the decision rendered by the immediate supervisor, and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/Vice President or designee may meet will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall communicate in writing forward an answer to the decision grievance to the grievant no later with a copy to the union xxxxxxx of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the expense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than tenone grievance.
Appears in 2 contracts
Samples: Employment Agreement, Employment Agreement
Formal Procedure. No grievance shall be recognized unless it shall have been presented within twenty (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in the Human Resources Office). Level One
12.3.1 If the grievant is not satisfied, said grievant shall complete and file a District Grievance Form within thirty (3020) days after the grievant aggrieved person knew, or by reasonable diligence could reasonably should have known known, of the most recent act or condition upon which and its aggrieving nature that forms the grievance is based. This form shall require a clear, concise, written statement basis of the grievance.
16.4.1 LEVEL I – SCHOOL SITE ADMINISTRATOR (IMMEDIATE SUPERVISOR/MANAGER)
16.4.1.1 If not satisfied with the solution proposed in the informal procedure, including specific provisions the employee may file a written grievance on a form which shall be provided by the District.
16.4.1.2 The grievant must set forth the alleged violation, misapplication or misinterpretation of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involvedAgreement, the specific remedy soughtsections allegedly violated, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committeeproposed remedy sought.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within 16.4.1.3 Within five (5) days. If days of receipt of the Superintendent/President written grievance the aggrieved, with or designee fails to respond within the time limits providedwithout a representative, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) daysimmediate supervisor/manager or site administrator, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference who may have a conferee present if a minimum of two (2) days notice representative present, in writing is given an attempt to settle the other partygrievance.
12.3.4 Within ten (10) days from the time of the conference, the 16.4.1.4 The site administrator/immediate supervisor or designee supervisor/ manager shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.
12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said Level I conference, render a decision, unilaterally declare it nonin writing, to the grievant, CSEA, and Human Resources. (1995-precedent setting by filing written notice 96)
16.4.2 LEVEL II – SUPERINTENDENT OR DESIGNEE
16.4.2.1 If the grievant is not satisfied with the other party or designee. Level Two
12.3.6 If disposition of the grievance is not resolved at Level I, or if no decision has been rendered within fifteen (15) days after the formal conferencepresentation of the grievance in writing, the grievant maymay forward the written grievance to the Superintendent within five (5) days after the response to the Level I grievance was presented, within whichever is sooner.
16.4.2.2 Within ten (10) days after receipt of the immediate supervisor’s or designee’s written response, submit an appeal on the appropriate form to grievance by the Superintendent/President , the Superintendent or designeedesignee shall meet with the aggrieved person and the representative (if desired) in an effort to resolve the matter. The statement of appeal Superintendent may have a representative at such meeting.
16.4.2.3 Within ten (10) days after meeting with the grievant, the Superintendent shall include transmit a copy of the original grievance, the decision rendered by the immediate supervisor, grievance and a clear, concise statement his/her proposed resolution of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined it to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee may meet with the grievant and the exclusive representative. (2007-08) 16.4.3 LEVEL III – ARBITRATION
16.4.3.1 If a grievance is not resolved at Levels I or II, the Union may request, in writing, a hearing before an arbitrator. The request shall communicate be filed in writing the Human Resources Department within ten (10) working days after receipt of the written decision of the Superintendent or designee at Step II. The Union shall retain the right to the grievant no later than tendetermine which grievance(s) may proceed to arbitration.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. Level 1. Within seven (see Appendices X-07) days of the receipt of a formal grievance, X-0the building principal shall meet with the aggrieved staff member. Within five (5) days following any such meeting, X-0 and G-4 for approved forms available the principal shall give his/her answer in the Human Resources Office)writing. Level One
12.3.1 If the grievant grievance is not satisfiedsettled at this level, said grievant then it may be referred (in writing Appendix D) to Level 2 within seven (7) days of the receipt of any answer given at this level.
Level 2. Within seven (7) days of a grievance being referred to this level, the Superintendent will meet with the participants of Level 1 and examine the facts of the grievance. The Superintendent shall complete give his/her answer (in writing) within seven (7) days of any such meeting. If the grievance is not settled at this level, then within seven
Level 3. Within fourteen (14) days of a grievance being referred to this level, the Board will hold a hearing with the participants and file a District Grievance Form examine the facts of the grievance. The hearing shall be in non-public session at the request of the grievant. The Board will thereafter, within thirty fourteen (3014) days of such hearing, give its answer, in writing. If the grievance is still not settled, the matter may be referred (in writing Appendix D) to arbitration by the Association as set forth in Level 4 of this procedure.
Level 4. Within fourteen (14) days after the grievant knew, or by reasonable diligence could have known of the most recent condition upon which the grievance is based. This form shall require a clear, concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpretedBoard’s decision at Xxxxx 0, the circumstances involved, Association will notify the specific remedy sought, and Superintendent whether or not the decision (if any) rendered at the informal conference. A copy of said form shall matter will be delivered submitted to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) daysarbitration. If the Superintendent/President or designee fails matter is referred to respond within arbitration, then the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed parties shall first attempt to arbitration in accordance with section 12.3.8 agree on this issue alonea mutually acceptable arbitrator. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior If they are unable to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.
12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, do so within ten (10) days of the rendering of said decisionAssociation’s request for arbitration, unilaterally declare it non-precedent setting by filing written notice with then either party may apply to the other party American Arbitration Association or designee. Level Two
12.3.6 If the grievance is not resolved at Public Employee Labor Relations Board to name an arbitrator under the formal conference, the grievant may, within ten (10) days after receipt rules and procedures of the immediate supervisorservice. The arbitrator shall use his/her best efforts to arbitrate the grievance, including matters of procedural and substantive arbitrability, but he/she shall have no power to add to or subtract from, alter, or modify any of the said provisions. The arbitrator shall thereafter submit a written decision to both parties. The arbitrator’s or designee’s written response, submit an appeal on the appropriate form decision shall be advisory to the Superintendent/President or designeeBoard. The statement of appeal shall include a copy parties agree to share equally in the compensation and expenses of the original grievance, the decision rendered by the immediate supervisor, and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee may meet with the grievant and shall communicate in writing the decision to the grievant no later than tenarbitrator.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in the Human Resources Office). Level One
12.3.1 8.3.1 If the grievant is not satisfiedsatisfied with the disposition of the grievance at Level 1, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known of the most recent condition upon which may file the grievance is based. This in writing on the District provided form shall require a clear, concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator Superintendent or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendenthis/President or her designee within ten (10) days from after the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).Level I.
12.3.3 8.3.2 Within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.
12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conference, the grievant may, within ten (10) days after receipt of the immediate supervisor’s written grievance by the Superintendent or his/her designee’s , the Superintendent or his/her designee will meet with the aggrieved person, and the Association if the grievant so requests, in an effort to resolve the grievance. The Superintendent or his/her designee shall put the proposed resolution to the grievance in writing within ten (10) days after the grievance meeting.
8.3.3 If the grievant is not satisfied with the decision at Level II, the employee may within ten (10) days submit a request in writing to the Superintendent for resolution of the grievance by a Grievance Resolution Committee which shall be composed of no more than three (3) employee representatives from the Association and three (3) employee representatives from the District.
8.3.4 As soon as possible and in any event not later than ten (10) working days after the Superintendent receives the written responsenotice from the grievant, submit an appeal the Grievance Resolution Committee shall agree upon a neutral third party facilitator/mediator to be chosen from the California State Mediation/Conciliation Service, CFIRE, Pacific Network, or from any other mutually agreeable recognized dispute resolution center to assist the parties in the resolution of the grievance. If no agreement is reached in the said ten (10) days, each party shall alternately strike a name from the list until only one name remains. The one remaining name shall be the neutral third party facilitator/mediator. The fees and expenses (if any) of the neutral shall be borne by the party who submitted the neutral's name to the list. Fees and expenses of the hearing shall be borne equally by the Association and the District.
8.3.5 The neutral third party selected shall facilitate/mediate the Grievance Resolution Committee with the intent of assisting the Committee to reach consensus on a solution for resolving the grievance. Meetings of the Grievance Resolution Committee are to be conducted with the purpose of exploring the parties' mutual and varied interests, creating options for resolution, and selection of the option(s) that best meet the interests of the parties in resolving the grievance. It is not the function of the Committee to determine rights, hear evidence or assess violations of the contract. If consensus is reached, such resolution shall be reduced to writing, signed by the Committee members and shall constitute a final and binding decision on the appropriate form parties. If the Committee does not reach consensus, the neutral shall have fifteen (15) days in which to attempt to achieve consensus of the Superintendent/President or designeeCommittee. If consensus is not reached within the fifteen (15) days then the concurrence of the majority of the committee shall be reduced to writing and shall constitute a final and binding decision of the parties. If after the fifteen (15) days a majority does not exist the parties shall submit the grievance for binding arbitration. The statement of appeal neutral third party shall include continue or proceed as a copy of the original grievance, the decision rendered by the immediate supervisor, mediator/arbitrator and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee may meet with the grievant Grievance Resolution Committee members jointly or separately take steps as she/he may deem appropriate in order to secure the parties to resolve the grievance and affect a mutually acceptable agreement.
8.3.6 If after 15 days a resolution has not been achieved, the neutral party shall offer a proposed resolution, if any three members of the Grievance Resolution Committee concur with the proposed resolution such proposed resolution shall be reduced to writing, and shall communicate be signed by the neutral and the three concurring members and shall constitute a final and binding decision on all the parties. If three (3) members do not concur then the arbitrator shall submit a written decision within fifteen (15) days to all parties and shall set forth his/her findings of fact, reasoning, and conclusions. The decision of the arbitrator shall constitute a final resolution of the grievance and shall be binding on all parties.
8.3.7 In disputed cases regarding whether or not a grievance is within the scope of these proceedings, the arbitrator shall rule on the arbitrability of the issue. The arbitrator shall have no power to add to, subtract from or modify the terms of this Agreement. Issues arising from the Board and Administration excising its responsibility referred to in writing Article II Employer Rights, including the decision facts underlying its exercise of such discretion, shall not be subject to the grievant no later than tenthis procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. (see Appendices X-0The parties acknowledge that it is usually most desirable for an employee and his/her immediately involved supervisor to resolve problems through free and informal communication. The Board recognizes the right of the Association to designate its grievance committee and principal grievance representative. A grievance committee representative shall be present for any meetings, X-0hearing, X-0 and G-4 for approved forms available appeals, or other proceedings relating to a grievance, which has been formally presented. When requested by the aggrieved person, the grievance representative may intervene to assist in the Human Resources Office)resolution. Level OneHowever, should such informal processes fail to satisfy the Aggrieved person or the Association, it shall be stated in writing by the Aggrieved Person that it is unresolved and proceed to Step 1, then a grievance shall be processed as follows:
12.3.1 If Step 1: A grievance must be filed within twenty-eight (28) days following the grievant is not satisfieddate on which the action being grieved became known, said grievant or could reasonably be expected to have been known, to the grievant. The Aggrieved Person or the Grievance Committee of the Association shall complete present the Grievance in writing to the Immediately- Involved Supervisor who will arrange for a meeting to take place within fourteen (14) days after receipt of the grievance. The Aggrieved Person, the Association representative, and file the Immediately-Involved Supervisor shall be present for the meeting. The Immediately Involved Supervisor must provide the Aggrieved Person and the Association with a District written answer on the Grievance Form within thirty fourteen (3014) days after the grievant knew, or by reasonable diligence could have known of the most recent condition meeting. Such answer shall include reasons upon which the grievance is decision was based. This form shall require a clear, concise, In the event that no written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision answer is provided within fourteen (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within ten (1014) days after receiving the grievanceStep 1 meeting, the immediate supervisor or designee grievance shall meet with the grievant. Within these ten (10) days, and prior be considered appealed to the conference, next step. The filing of the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to Grievance at this conference may have a conferee present if a minimum of two step shall occur within fourteen (214) days notice in writing is given after failure to the other partyreach agreement under Section 10.3 above.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.
12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 Step 2: If the grievance is not resolved at Step 1, then the formal conferenceGrievance Committee shall refer the Grievance to the Immediately-Involved Supervisor’s Supervisor (e.g. for the Maintenance Supervisor, this would be the grievant mayDirector of Business Services; for a Special Education Coordinator, this would be the Director of Special Education; etc.) within ten fourteen (1014) days after receipt of the immediate supervisorStep 1 answer. The Immediately-Involved Supervisor’s Supervisor shall arrange for a meeting with the representative of the Association's Grievance Committee to take place within fourteen (14) days of his/her receipt of the appeal, or designee’s within fourteen (14) days of the expiration of the time limit for the Step 1 written responseanswer if no such answer is provided, submit an appeal on whichever is later. Each party shall have the appropriate form right to include in its representation such witnesses and advisors, as it deems necessary to develop the facts pertinent to the Superintendent/President or designeeGrievance. The statement of appeal shall include a copy Upon conclusion of the original grievance, hearing the decision rendered by the immediate supervisor, and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined Immediately-Involved Supervisor’s Supervisor will have fourteen (14) days in which to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendentprovide his/President or designee may meet with the grievant and shall communicate in writing the her written decision to the grievant Association. In the event that no later than tenwritten decision is provided within fourteen
Step 3: If the Grievance is not resolved in Step 1 or Step 2 as applicable, then the Grievance Committee shall refer the grievance to the Superintendent within fourteen (14) days after receipt of the Step 1 or Step 2 answer as applicable. The Superintendent shall arrange for a meeting with the representative of the Association's Grievance Committee to take place within fourteen (14) days of his/her receipt of the appeal, or within fourteen (14) days of the expiration of the time limit for the Step 2 written answer if no such answer is provided, whichever is later. Each party shall have the right to include in its representation such witnesses and advisors as it deems necessary to develop facts pertinent to the Grievance. Upon conclusion of the hearing, the Superintendent will have fourteen (14) days in which to provide his/her written decision to the Association.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. (see Appendices X-0In the event these timelines cannot be met, X-0, X-0 and G-4 for approved forms available in the Human Resources Office). Level One
12.3.1 If the grievant is not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or they may be extended by reasonable diligence could have known mutual agreement of the most recent condition upon which the grievance is based. This form shall require a clear, concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader Union.
(a) The grievant(s) will contact the immediate supervisor and/or the principal/assistant principal (K- 12) of the Faculty Association Professional Rights and Responsibilities Committeebuilding involved, to resolve the matter informally, within five (5) working days after a reasonable person should have been aware of the alleged violation.
12.3.2 Any grievance which is rejected due to an allegation that (b) If a satisfactory agreement cannot be reached in Step 1(a), the grievant(s) will discuss it has been untimely filed is directly appealable on that issue alone to with the Superintendent/President building principal (K-12) or designee the appropriate administrator within ten (10) working days from after a reasonable person should have been aware of the time alleged violation and five (5) working days after they have completed Step 1(a) before proceeding to Step 2. If the administrator responsible for handling the grievance in Step 1(b) is the same person that handled the grievance in Step 1(a) the grievant receives notice and the Union will skip Step 1(b) and proceed to Step 2 within ten (10) working days after a reasonable person should have been aware of said rejectionthe alleged initial violation.
Step 2 Statement to the Principal or Appropriate Administrator The grievant or the Union shall present a written statement on an official grievance form of the alleged violation to the Principal or other appropriate administrator within ten (10) working days of the completion of Step 1(b). The Principal shall, within ten (10) working days of the receipt of the grievance, confer with the grievant and/or his/her representative to try to resolve the grievance. Within ten (10) working days after the completion of the conference, the Principal or other appropriate administrator shall give his/her written decision. A copy of the decision shall be given to the Union and the grievant(s). Step 3 Appeal to the Superintendent In the event the grievance has not been resolved in the First Step, the grievant or the Union may file an appeal to the Superintendent or his/her designee. The Step 3 designee shall not be the same administrator as the one who heard the grievance at Step 2. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.
12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, made within ten (10) days of the rendering receipt of said the Step 2 decision, unilaterally declare it non-precedent setting by filing written notice . The Superintendent or his/her designee shall confer with the other party or designee. Level Two
12.3.6 If Union in an effort to resolve the grievance is not resolved at within ten (10) working days of receipt of the formal conference, the grievant mayappeal. The Superintendent, within ten (10) working days after receipt of following the immediate supervisor’s or designee’s conference, shall file his/her written response, submit an appeal on the appropriate form to the Superintendent/President or designee. The statement of appeal shall include a copy of the original grievance, the decision rendered by the immediate supervisor, and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee may meet with the grievant and shall communicate in writing the decision to the grievant no later than tenUnion.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. (see Appendices X-0G-l, X-0G-2, X-0 G-3 and G-4 for approved forms available in the Human Resources Office). ) Level OneOne - Immediate Supervisor Decision
12.3.1 If the grievant is not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known of the most recent condition upon which the grievance is based. This form shall require a clear, concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.
12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conference, the grievant may, within ten (10) days after receipt of the immediate supervisor’s 's or designee’s 's written response, submit an appeal on the appropriate form to the Superintendent/President or designee. The statement of appeal shall include a copy of the original grievance, the decision rendered by the immediate supervisor, and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee may meet with the grievant and shall communicate in writing the decision to the grievant no later than tenten (10) days after receipt of the notice of appeal. If a meeting is held, the Superintendent/President or designee has an additional five (5) days to file a written response; if no meeting is held, the written response shall be filed within ten (10) days of the filing of the Level Two appeal. Either party to the conference may have a conferee present if a minimum of two (2) days notice is given in writing to the other party. If the Superintendent/President or designee does not respond within the time limits provided, the grievant may proceed to arbitration.
12.3.7 If the thirty-day time limit within which to file a formal grievance with the appropriate academic administrator extends beyond the last scheduled work day for the spring semester, the grievant and the appropriate administrator or designee may, by mutual agreement in writing, extend the time limit for the grievant to file said claim. In no event shall the time limit be extended beyond the end of the third week of the ensuing fall semester.
a. If the grievant is not satisfied with the decision at Level Two, or if the grievant elects to invoke the arbitration provision of section 12.3.2, the grievant may, within five (5) days after the decision by the Superintendent/President or designee, request in writing that the Association submit the grievance to arbitration. A copy of this request shall be given to the Vice President, Human Resources. The Association, by written notice to the Vice President, Human Resources, within fifteen (15) days after receipt from the grievant, may submit the grievance to impartial arbitration.
b. If arbitration is requested, the grievant and the District shall attempt to agree upon an impartial arbitrator. If no agreement can be reached, they shall request the California State Conciliation Service to supply a panel of five (5) names of persons experienced in hearing grievances in community college matters. Each party shall alternately strike a name until one name remains. The remaining panel member shall be the impartial arbitrator. The order of the striking shall be determined by lot.
c. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them.
d. The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted, and provide an appropriate remedy. If the Parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. If any question arises as to whether or not the grievance is arbitrable, the arbitrator may at his/her discretion rule on the issue of arbitrability at such time as he/she decides.
e. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in the Human Resources Office). Level One
12.3.1 If the grievant is not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known of the most recent condition upon which the grievance is based. This form shall require a clear, concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader Chair of the Faculty Association Professional Rights and Responsibilities Contractual Grievance Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days days’ notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader Chair of the Faculty Association Professional Rights and Responsibilities Contractual Grievance Committee, and the Vice Vice- President, Human Resources or designee.
12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conference, the grievant may, within ten (10) days after receipt of the immediate supervisor’s or designee’s written response, submit an appeal on the appropriate form to the Superintendent/President or designee. The statement of appeal shall include a copy of the original grievance, the decision rendered by the immediate supervisor, and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee may meet with the grievant and shall communicate in writing the decision to the grievant no later than ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. No grievance shall be recognized unless it shall have been presented within twenty (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in the Human Resources Office). Level One
12.3.1 If the grievant is not satisfied, said grievant shall complete and file a District Grievance Form within thirty (3020) days after the grievant aggrieved person knew, or by reasonable diligence could reasonably should have known known, of the most recent act or condition upon which and its aggrieving nature that forms the grievance is based. This form shall require a clear, concise, written statement basis of the grievance.
16.4.1 LEVEL I – SCHOOL SITE ADMINISTRATOR (IMMEDIATE SUPERVISOR/MANAGER)
16.4.1.1 If not satisfied with the solution proposed in the informal procedure, including specific provisions the employee may file a written grievance on a form which shall be provided by the District.
16.4.1.2 The grievant must set forth the alleged violation, misapplication or misinterpretation of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involvedAgreement, the specific remedy soughtsections allegedly violated, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.proposed remedy
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within 16.4.1.3 Within five (5) days. If days of receipt of the Superintendent/President written grievance the aggrieved, with or designee fails to respond within the time limits providedwithout a representative, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) daysimmediate supervisor/manager or site administrator, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference who may have a conferee present if a minimum of two (2) days notice representative present, in writing is given an attempt to settle the other partygrievance.
12.3.4 Within ten (10) days from the time of the conference, the 16.4.1.4 The site administrator/immediate supervisor or designee supervisor/ manager shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.
12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said Level I conference, render a decision, unilaterally declare it nonin writing, to the grievant, CSEA, and Human Resources. (1995-precedent setting by filing written notice 96)
16.4.2 LEVEL II – SUPERINTENDENT OR DESIGNEE
16.4.2.1 If the grievant is not satisfied with the other party or designee. Level Two
12.3.6 If disposition of the grievance is not resolved at Level I, or if no decision has been rendered within fifteen (15) days after the formal conferencepresentation of the grievance in writing, the grievant maymay forward the written grievance to the Superintendent within five (5) days after the response to the Level I grievance was presented, within whichever is sooner.
16.4.2.2 Within ten (10) days after receipt of the immediate supervisor’s or designee’s written response, submit an appeal on the appropriate form to grievance by the Superintendent/President , the Superintendent or designeedesignee shall meet with the aggrieved person and the representative (if desired) in an effort to resolve the matter. The statement of appeal Superintendent may have a representative at such meeting.
16.4.2.3 Within ten (10) days after meeting with the grievant, the Superintendent shall include transmit a copy of the original grievance, the decision rendered by the immediate supervisor, grievance and a clear, concise statement his/her proposed resolution of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined it to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee may meet with the grievant and the exclusive representative. (2007-08) 16.4.3 LEVEL III – ARBITRATION
16.4.3.1 If a grievance is not resolved at Levels I or II, the Union may request, in writing, a hearing before an arbitrator. The request shall communicate be filed in writing the Human Resources Department within ten (10) working days after receipt of the written decision of the Superintendent or designee at Step II. The Union shall retain the right to the grievant no later than tendetermine which grievance(s) may proceed to arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in the Human Resources Office). Level One
12.3.1 If the grievant is not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known of the most recent condition upon which the grievance is based. This form shall require a clear, concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.
12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conferenceinformal meeting, the grievant mayemployee and/or his or her representative may submit the grievance, in writing on the approved grievance form, to the appropriate Xxxx or Director or his/her designee. The Xxxx or Director or designee will, within five (5) working days of the receipt of the grievance, schedule a meeting with the job xxxxxxx and the grievant, along with the Executive Director of Human Resources to attempt to resolve the grievance. The meeting will occur within fifteen (15) working days of the receipt of the grievance. The Xxxx or Director or designee will render a written answer within ten (10) working days of the meeting. The answer will include the reasons for the decision. A copy of the written answer in a disciplinary grievance shall be provided to the appropriate Vice President(s). In the event the Xxxx or Director or designee’s answer is not satisfactory to the grievant, the grievance may be appealed to the Step 2 of this grievance procedure. Such appeal must be submitted in writing within five (5) working days of the Union’s receipt of the first step answer. Time limits can be extended for good cause and with the written consent of the parties. Step II. Intermediate Decision The Vice-President will make every effort to resolve the grievance. The Vice-President will, within five (5) working days of the receipt of the grievance, hold a meeting with the grievant, the Union representative and the Executive Director of Human Resources to attempt to resolve the grievance. The Vice-President shall, within ten (10) working days after of the second step meeting, render a decision in writing containing the reason(s) for the decision. Time limits can be extended for good cause and with the written consent of the parties. If the decision is not deemed acceptable, the grievance may be appealed to Step 3 of this grievance procedure. Such appeal must be submitted in writing within five (5) working days of the Union’s receipt of the immediate supervisor’s or designee’s written response, submit an appeal on the appropriate form to the Superintendent/President or designee. The statement of appeal shall include a copy of the original grievance, the decision rendered by the immediate supervisor, and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee may meet with the grievant and shall communicate in writing the decision to the grievant no later than tensecond step answer.
Appears in 1 contract
Samples: Memorandum of Understanding
Formal Procedure. (see Appendices X-0, X-0, X-0 and G-4 for approved forms available If resolution is not reached in the Informal Procedure, an RN who wishes to pursue a grievance will follow the following procedure:
22.4.1 Step One: The RN may submit a written grievance to the Medical Center's Human Resources Office). Level One
12.3.1 If department within 21 days from the grievant is not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after date when the grievant knew, or by reasonable diligence could RN should have known of the most recent condition upon occurrence on which the grievance is based. This form shall require a clear, concisewhether or not the RN has utilized the Informal Procedure under 22.3.
22.4.1.1 The written grievance will describe the alleged breach of this Agreement, written statement the date of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy soughtbreach, and the decision (if anyAgreement section(s) rendered at the informal conference. A copy of said form shall involved.
22.4.1.2 The grievance will be delivered referred to the appropriate administrator or designee RN's immediate supervisor, who will review the matter and answer the grievance in writing. The answer will be sent to the leader of the Faculty Association Professional Rights RN and Responsibilities Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone a copy will be emailed to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) days. bargaining unit RN designated by the
22.4.2 Step Two: If the Superintendent/President or designee fails grievance was submitted as provided above and not resolved to respond within the time limits provided, or the grievant is not satisfied with the responseRN's satisfaction at Step One, the grievant RN may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at present the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievantRN's department director within 14 days following the date the answer was sent at Step One.
22.4.2.1 The department director or his/her designee will then meet to discuss the grievance with the grieving RN and another RN designated by the Association within 14 days of receipt of the Step Two presentation, and will respond in writing to the leader RN and the RN designated by the Association to receive grievance responses at this level of the Faculty Association Professional Rights and Responsibilities Committee, and procedure. The response will be sent promptly after review of the Vice President, Human Resources grievance by the department director or designee.
12.3.5 If , but no later than 14 days after the grievant does not elect to appeal the decision pursuant to section 12.3.6meeting or, the Association or the District mayif no meeting has been held, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conference, the grievant may, within ten (10) 21 days after receipt of the immediate supervisor’s or designee’s written response, submit an appeal on Step Two presentation.
22.4.3 Step Three: If the appropriate form grievance was submitted as provided above and not resolved to the Superintendent/RN's satisfaction at Step Two, the grieving RN may make a written request to the Vice President of the RN's division for review of the grievance, within 14 days following the date of the response at Step Two.
22.4.3.1 The Vice President or designeehis/her designee will then meet to discuss the grievance with the grieving RN and a representative of the Association within 14 days of receipt of the Step Three written request. The statement of appeal shall include a copy of the original grievance, the decision rendered by the immediate supervisor, and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/Vice President or designee may meet with the grievant and shall communicate will respond in writing the decision to the grievant RN and the Association promptly after review of the grievance, but no later than ten14 days after the meeting or, if no meeting has been held, 21 days after receipt of the Step Three written request.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. For purposes of Section 7.4 the required timelines shall begin on the first (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in 1st) day following the Human Resources Office). date of receipt of a grievance by the Office of Education or the first (1st) day following receipt of the Office of Education decision by the grievant.
A. Level One
12.3.1 If the grievant is not satisfied, said grievant shall complete and file a District Grievance Form within thirty I Within twenty-five (3025) days after of the grievant knewoccurrence, or by reasonable diligence within twenty-five (25) days of when the unit member could reasonably have known of the most recent condition upon which occurrence of the act or omission giving rise to the grievance, the grievant must present his grievance is basedin writing utilizing the designated grievance form, included as Appendix “D” in this agreement to his/her immediate administrator. This On this form the unit member shall require make a clear, concise, written clear and concise statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, and the specific remedy soughtarticle(s) that was allegedly violated, and the decision (if any) rendered at the informal conference, and the specific remedy sought. A copy of said form The immediate administrator shall be delivered communicate a decision to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee unit member in writing within ten (10) days from the time date the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of grievance is received by the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) daysimmediate administrator. If the Superintendent/President or designee fails to immediate administrator does not respond within the time limits providedlimits, 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 responsedecision at Level I, the grievant may proceed appeal the decision to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within Division Administrator, within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.
12.3.5 If the grievant does not elect to decision at Level I. This written appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conference, the grievant may, within ten (10) days after receipt of the immediate supervisor’s or designee’s written response, submit an appeal on the appropriate form to the Superintendent/President or designee. The statement of appeal shall include a copy of the original grievance, the decision rendered at Level I and a clear, concise statement of the reasons for the appeal. The parties shall convene a meeting to discuss the grievance within ten (10) days of the filing of the Level II documents. Either party may have a conferee present at such a conference. By mutual agreement of the parties, additional conferees may be present at the conference. The Division Administrator, or his/her designee, shall communicate a decision within ten (10) days from the date the Level II conference is held by the immediate supervisorDivision Administrator. If the Division Administrator, or his/her 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 appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope parties shall convene a meeting to discuss the grievance within ten (10) days of the appeal shall filing of the Level III documents. Either party may have two conferee(s) present at such a conference. By mutual agreement of the parties, additional conferees may be confined to the issues and evidence adduced present at the formal conference with the immediate supervisorconference. The Superintendent, or his/President her designee, shall communicate a decision within ten (10) days from the date the conference is held by the Superintendent. If the Superintendent, or designee may meet with his/her designee, does not respond within the time limits, the grievant and shall communicate in writing the decision may appeal to the grievant no later than tennext level.
Appears in 1 contract
Samples: Negotiated Agreement
Formal Procedure. (see Appendices X-0If the Association is the grievant, X-0and the oral discussion fails to resolve the proposed grievance, X-0 the Association shall proceed with Step Two of the Grievance Procedure, using the form set forth in Appendix A, which shall be signed by the grievant. If an employee or employees are the grievants, and G-4 for approved forms if the oral discussion fails to resolve the proposed grievance so that the employee or employees elect to pursue the grievance, the following formal Grievance Procedure shall be followed, using the form set forth in Appendix A, which shall be signed by the grievant or grievants. The grievance form shall be available in the Human Resources Office). Level Oneprincipal’s office or through the Association.
12.3.1 If the grievant is not satisfied, said a. Step One The grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known signed grievance form with the principal of the most recent condition upon building in which the grievance is basedarose within fifteen (15) school days of the alleged occurrence or within fifteen (15) school days of the time when the grievant, in the exercise of due care could reasonably have learned of the alleged occurrence. This The grievant shall obtain the signature of the Principal or his/her designee on a copy of the grievance form, which copy shall be filed by the grievant with the Superintendent or his/her designee. In the event that the grievance involves more than one school building, the grievance form shall require a clear, concise, written statement may be filed directly with the Superintendent or his/her designee. The grievance form must be dated and state the nature and date of the occurrence giving rise to the grievance, including the specific provisions of the Agreement alleged to have been violated, misapplied, misinterpreted or misinterpreted, the circumstances involved, the misapplied and a specific remedy soughtrequested. The Principal shall, within ten (10) school days of receipt of the grievance, indicate the disposition of the grievance in writing and the decision (if any) rendered at the informal conference. A a copy of said form thereof shall be delivered to the appropriate administrator or designee grievant and to the leader of the Faculty Association Professional Rights and Responsibilities CommitteeAssociation.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) days. b. Step Two If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the responsePrincipal’s disposition of the grievance, or if no written disposition was made within the allowed ten (10) school days, a copy of the written grievance and a copy of the Principal’s disposition, if any, shall be filed by the grievant with the Superintendent within five (5) school days of said disposition or within fifteen (15) school days of the original filing date, whichever shall be later. Within five (5) school days of the receipt of the grievance, the Superintendent shall meet with the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue aloneand discuss the grievance. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within ten (10) school days after receiving of said meeting, the Superintendent shall have delivered to the grievant and to the Association the written disposition of the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.
12.3.5 c. Step Three If the grievant does is not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice satisfied with the other party Superintendent’s disposition, or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conference, the grievant may, within ten (10) days after receipt of the immediate supervisor’s or designee’s written response, submit an appeal on the appropriate form to the Superintendent/President or designee. The statement of appeal shall include a copy of the original grievance, the decision rendered if no disposition has been made by the immediate supervisor, and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee may meet with the grievant and shall communicate in writing the decision to the grievant no later than Superintendent within ten
Appears in 1 contract
Samples: Master Contract
Formal Procedure. For purposes of Section 7.4 the required timelines shall begin on the first (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in 1st) day following the Human Resources Office). date of receipt of a grievance by the Office of Education or the first (1st) day following receipt of the Office of Education decision by the grievant.
A. Level One
12.3.1 If the grievant is not satisfied, said grievant shall complete and file a District Grievance Form within thirty I Within twenty-five (3025) days after of the grievant knewoccurrence, or by reasonable diligence within twenty-five (25) days of when the unit member could reasonably have known of the most recent condition upon which occurrence of the act or omission giving rise to the grievance, the grievant must present his grievance is basedin writing utilizing the designated grievance form, included as Appendix “D” in this agreement to their immediate administrator. This On this form the unit member shall require make a clear, concise, written clear and concise statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, and the specific remedy soughtarticle(s) that was allegedly violated, and the decision (if any) rendered at the informal conference, and the specific remedy sought. A copy of said form The immediate administrator shall be delivered communicate a decision to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee unit member in writing within ten (10) days from the time date the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of grievance is received by the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) daysimmediate administrator. If the Superintendent/President or designee fails to immediate administrator does not respond within the time limits providedlimits, 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 responsedecision at Level I, the grievant may proceed appeal the decision to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within Division Administrator, within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.
12.3.5 If the grievant does not elect to decision at Level I. This written appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conference, the grievant may, within ten (10) days after receipt of the immediate supervisor’s or designee’s written response, submit an appeal on the appropriate form to the Superintendent/President or designee. The statement of appeal shall include a copy of the original grievance, the decision rendered at Level I and a clear, concise statement of the reasons for the appeal. The parties shall convene a meeting to discuss the grievance within ten (10) days of the filing of the Level II documents. Either party may have a conferee present at such a conference. By mutual agreement of the parties, additional conferees may be present at the conference. The Division Administrator, or their designee, shall communicate a decision within ten (10) days from the date the Level II conference is held by the immediate supervisorDivision Administrator. If the Division Administrator, or their 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 appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The parties shall convene a meeting to discuss the grievance within ten (10) days of the filing of the Level III documents. Either party may have two conferee(s) present at such a conference. By mutual agreement of the parties, additional conferees may be present at the conference. The Superintendent, or their designee, shall communicate a decision within ten (10) days from the date the conference is held by the Superintendent. If the Superintendent, or their designee, does not respond within the time limits, the grievant 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 request arbitration of the grievance in writing to the Office of Education within fifteen (15) days of the issuance of the Level III decision. Such request must be in writing and be accompanied by a written statement from the Association agreeing to take the grievance to arbitration. In electing to pursue the grievance through arbitration, the grievant 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) days after the Office of Education's receipt of the request for arbitration from the Association, the Association and the Office of Education shall meet to determine a mutually acceptable arbitrator. In the event the Association and the Office of Education are unable to reach agreement on a mutually acceptable arbitrator, the Association shall request, within the same fifteen (15) day period, that the American Arbitration Association shall supply a listing of names pursuant to its rules. The Arbitrator selected must be a member of the National Academy of Arbitrators and must have recent experience in arbitration of grievances involving public school employers. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply except where the specific language herein is in conflict, which specific language will prevail. Any award of the arbitrator shall be binding on the grievant, the Association and the Office of Education. It shall be the function of the arbitrator to make an award, if necessary, which will resolve the grievance. The arbitrator shall be subject to the following limitations:
1. The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this Agreement; but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this Agreement in the respect alleged in the grievance.
2. The arbitrator shall have no power to establish salary structures or change any salary.
3. The award of the arbitrator shall be based solely upon the evidence and arguments presented to them in the presence of the parties, and upon any post-hearing briefs of the parties.
4. The arbitrator shall have no power to change any practice, policy, or rule of the Office of Education; nor to substitute his judgment for that of the Office of Education as to the reasonableness of any such practice, policy, rule, or any action by the Office of Education; nor to adjust, modify or amend salary schedules or classification structures.
5. The standard of review for the arbitrator is whether the Office of Education acted in an arbitrary and capricious manner which is a violation of the express terms of this Agreement.
6. The arbitrator shall not consider any issue raised by the grievant unless it was made known in writing to the Office of Education in an earlier Level of this Grievance Procedure.
7. The arbitrator shall have no power to recommend or resolve any of the following:
a. The termination of services or any other disciplinary action or failure to re- employ any member of the Unit.
b. Any matter involving evaluation, except where procedure has been violated.
c. Nothing herein shall be construed to prevent or limit deferral to arbitration by the Public Employment Relations Board pursuant to Government Code Section 3541.5(a)(2)
8. All fees and expenses of the arbitrator shall be shared equally by the Office of Education and the Association. The Office of Education shall only bear its own expenses. Arbitration hearings shall be held at the Office of Education, unless the parties mutually agree otherwise. If the Office of Education claims that a grievance should be dismissed because, for example, it falls outside the scope of the appeal procedure, or was filed or processed in an untimely manner, such a claim shall, at the option of the Office of Education and upon reasonable notice, be heard and promptly ruled upon by the arbitrator prior to any hearing on the merits of the grievance. Upon the request of either party, there shall be confined a suitable stay/continuance between such a ruling and any further proceedings which may be necessary. The Office of Education may forego the above preliminary motion procedure, and have such a claim heard and ruled upon at the hearing prior to the issues and receipt of evidence adduced at on the formal conference with merits. If the immediate supervisorOffice of Education should choose to refuse to arbitrate a dispute, nothing in this section shall preclude the Association from seeking, through appropriate administrative or judicial proceedings, to compel the Office of Education to proceed to arbitration.
9. The Superintendent/President arbitrator shall have no power to render an award on a grievance claim rising out of an act or designee may meet with the grievant and shall communicate in writing the decision omission prior to the grievant no later than teneffective date of this Agreement or after the termination of this Agreement.
Appears in 1 contract
Samples: Negotiated Agreement
Formal Procedure. (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in the Human Resources Office). A. Level One
12.3.1 If 1. Should the grievant is aggrieved party not satisfiedbe satisfied with the disposition of grievance in the informal procedure, said grievant he shall complete and file a District Grievance Form within thirty fifteen (3015) days after the grievant knew, or by reasonable diligence could have known of the most recent condition upon which the grievance is based. This form shall require a clear, concise, written statement of incident causing the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conferencefile a written grievance with his/her immediate supervisor. A copy of said form the grievance shall be delivered filed with the Superintendent and the Union President.
2. Within three (3) days following the filing of a formal grievance, the grievance representative shall have the right to an interview with the supervisor for the purpose of obtaining information pertinent to the appropriate administrator or designee case. No sooner than three (3) days, nor later than six (6) days following the interview, the supervisor shall call a formal hearing of the parties in interest. The supervisor shall take action on the written grievance within five (5) days of the conclusion of the hearing. The action taken and the reasons for the action shall be reduced to writing and copies shall be sent to the leader grievant, Superintendent and President of the Faculty Association Professional Rights and Responsibilities CommitteeUnion.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to 3. If the Superintendent/President or designee within ten (10) days from aggrieved party and the time immediate supervisor agree upon the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement resolution of the basis for grievance at this meeting, the appealimmediate supervisor's report is to be written and agreed to by both parties at that time. The Superintendent/President or designee shall communicate in writing If not, the decision reached grievance goes on to Level Two, unless the union notifies the Superintendent within five (5) days.
4. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party Should any new evidence be presented at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c)formal hearing, both sides may have three (3) days in which to render a written decision.
12.3.3 B. Level Two
1. Within ten (10) days after receiving the grievanceof notification that a grievance still exists, the immediate supervisor Superintendent, or designee his designated representative, shall meet with conduct a hearing involving all parties in interest.
2. If the grievantaggrieved party and the Superintendent agree upon the resolution of the grievance at this meeting, the Superintendent's report is to be written and agreed to by both parties at that time. Within these ten If not, the grievance goes on to Level Three, unless the Union notifies the Superintendent otherwise within five (105) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten C. Level Three
1. If within fifteen (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.
12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (1015) days of the rendering of said decisionSuperintendent's decision the aggrieved person is not satisfied, unilaterally declare it non-precedent setting by filing he/she may request the Union to serve written notice to the Superintendent of its intent to arbitrate the grievance. The arbitrator will be selected by the meet and strike method, from a list of seven (7) names furnished by the Federal Mediation and Conciliation Service. All other procedures relative to the hearing(s) with the other party or designeearbitrator will be in accordance with the rules and regulations of the Federal Mediation and Conciliation Service. Level Two
12.3.6 If The arbitrator will conduct the grievance is not resolved at necessary hearing(s) and issue a decision within the formal conferencetime limit, as agreed to by the Union, the grievant mayBoard and the arbitrator. The arbitrator shall have no power to add to subtract from, within ten (10) days after receipt disregard, alter, or modify any of the immediate supervisor’s or designee’s written response, submit an appeal on the appropriate form to the Superintendent/President or designeeterms of this Agreement. The statement of appeal shall include a copy decision of the original grievance, arbitrator shall be final and binding. The fees and expenses of the decision rendered arbitrator shall be shared equally by the immediate supervisor, Board and a clear, concise statement of the reasons for appealUnion. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal Any other expenses shall be confined to borne by the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President party incurring them except that any employees who are witnesses, building representatives or designee may meet with the grievant and shall communicate in writing not lose pay when the decision to the grievant no later than tenhearing is conducted during that employee's regular hours of work.
Appears in 1 contract
Samples: Negotiated Agreement
Formal Procedure. (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in the Human Resources Office). Level One
12.3.1 If the grievant is not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known of the most recent condition upon which the grievance is based. This form shall require a clear, concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.
12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conference, the grievant may, within ten (10) days after receipt of the immediate supervisor’s or designee’s written response, submit an appeal on the appropriate form to the Superintendent/President or designee. The statement of appeal shall include a copy of the original grievance, the decision rendered by the immediate supervisor, and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee may meet with the grievant and shall communicate in writing the decision to the grievant no later than ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. For purposes of Section 7.4 the required timelines shall begin on the first (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in 1st) day following the Human Resources Office). date of receipt of a grievance by the Office of Education or the first (1st) day following receipt of the Office of Education decision by the grievant.
A. Level One
12.3.1 If the grievant is not satisfied, said grievant shall complete and file a District Grievance Form within thirty I Within twenty-five (3025) days after of the grievant knewoccurrence, or by reasonable diligence within twenty-five (25) days of when the unit member could reasonably have known of the most recent condition upon which occurrence of the act or omission giving rise to the grievance, the grievant must present his grievance is basedin writing utilizing the designated grievance form, included as Appendix “D” in this agreement to his/her immediate administrator. This On this form the unit member shall require make a clear, concise, written clear and concise statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, and the specific remedy soughtarticle(s) that was allegedly violated, and the decision (if any) rendered at the informal conference, and the specific remedy sought. A copy of said form The immediate administrator shall be delivered communicate a decision to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee unit member in writing within ten (10) days from the time date the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of grievance is received by the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) daysimmediate administrator. If the Superintendent/President or designee fails to immediate administrator does not respond within the time limits providedlimits, 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 responsedecision at Level I, the grievant may proceed appeal the decision to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within Division Administrator, within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.
12.3.5 If the grievant does not elect to decision at Level I. This written appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conference, the grievant may, within ten (10) days after receipt of the immediate supervisor’s or designee’s written response, submit an appeal on the appropriate form to the Superintendent/President or designee. The statement of appeal shall include a copy of the original grievance, the decision rendered at Level I and a clear, concise statement of the reasons for the appeal. The parties shall convene a meeting to discuss the grievance within ten (10) days of the filing of the Level II documents. Either party may have a conferee present at such a conference. By mutual agreement of the parties, additional conferees may be present at the conference. The Division Administrator, or his/her designee, shall communicate a decision within ten (10) days from the date the Level II conference is held by the immediate supervisorDivision Administrator. If the Division Administrator, or his/her 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 appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The parties shall convene a meeting to discuss the grievance within ten (10) days of the filing of the Level III documents. Either party may have two conferee(s) present at such a conference. By mutual agreement of the parties, additional conferees may be present at the conference. The Superintendent, or his/her designee, shall communicate a decision within ten (10) days from the date the conference is held by the Superintendent. If the Superintendent, or his/her designee, does not respond within the time limits, the grievant 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 request arbitration of the grievance in writing to the Office of Education within fifteen (15) days of the issuance of the Level III decision. Such request must be in writing and be accompanied by a written statement from the Association agreeing to take the grievance to arbitration. In electing to pursue the grievance through arbitration, the grievant 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) days after the Office of Education's receipt of the request for arbitration from the Association, the Association and the Office of Education shall meet to determine a mutually acceptable arbitrator. In the event the Association and the Office of Education are unable to reach agreement on a mutually acceptable arbitrator, the Association shall request, within the same fifteen (15) day period, that the American Arbitration Association shall supply a listing of names pursuant to its rules. The Arbitrator selected must be a member of the National Academy of Arbitrators and must have recent experience in arbitration of grievances involving public school employers. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply except where the specific language herein is in conflict, which specific language will prevail. Any award of the arbitrator shall be binding on the grievant, the Association and the Office of Education. It shall be the function of the arbitrator to make an award, if necessary, which will resolve the grievance. The arbitrator shall be subject to the following limitations:
1. The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this Agreement; but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this Agreement in the respect alleged in the grievance.
2. The arbitrator shall have no power to establish salary structures or change any salary.
3. The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties.
4. The arbitrator shall have no power to change any practice, policy, or rule of the Office of Education; nor to substitute his judgment for that of the Office of Education as to the reasonableness of any such practice, policy, rule, or any action by the Office of Education; nor to adjust, modify or amend salary schedules or classification structures.
5. The standard of review for the arbitrator is whether the Office of Education acted in an arbitrary and capricious manner which is a violation of the express terms of this Agreement.
6. The arbitrator shall not consider any issue raised by the grievant unless it was made known in writing to the Office of Education in an earlier Level of this Grievance Procedure.
7. The arbitrator shall have no power to recommend or resolve any of the following:
a. The termination of services or any other disciplinary action or failure to re- employ any member of the Unit.
b. Any matter involving evaluation, except where procedure has been violated.
c. Nothing herein shall be construed to prevent or limit deferral to arbitration by the Public Employment Relations Board pursuant to Government Code Section 3541.5(a)(2)
8. All fees and expenses of the arbitrator shall be shared equally by the Office of Education and the Association. The Office of Education shall only bear its own expenses. Arbitration hearings shall be held at the Office of Education, unless the parties mutually agree otherwise. If the Office of Education claims that a grievance should be dismissed because, for example, it falls outside the scope of the appeal procedure, or was filed or processed in an untimely manner, such a claim shall, at the option of the Office of Education and upon reasonable notice, be heard and promptly ruled upon by the arbitrator prior to any hearing on the merits of the grievance. Upon the request of either party, there shall be confined a suitable stay/continuance between such a ruling and any further proceedings which may be necessary. The Office of Education may forego the above preliminary motion procedure, and have such a claim heard and ruled upon at the hearing prior to the issues and receipt of evidence adduced at on the formal conference with merits. If the immediate supervisorOffice of Education should choose to refuse to arbitrate a dispute, nothing in this section shall preclude the Association from seeking, through appropriate administrative or judicial proceedings, to compel the Office of Education to proceed to arbitration.
9. The Superintendent/President arbitrator shall have no power to render an award on a grievance claim rising out of an act or designee may meet with the grievant and shall communicate in writing the decision omission prior to the grievant no later than teneffective date of this Agreement or after the termination of this Agreement.
Appears in 1 contract
Samples: Negotiated Agreement
Formal Procedure. (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in the Human Resources Office). a. Level One
12.3.1 (1) If the grievant aggrieved person is not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after satisfied with the grievant knew, or by reasonable diligence could have known disposition of the most recent condition upon which grievance through the informal procedure, he may submit a written grievance is based. This form shall require a clear, concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, his supervisor and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee superintendent within ten (10) days from after disposition at the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement informal level.
(2) Within ten (10) days after receipt of the basis for written grievance, the appeal. The Superintendent/President or designee Superintendent shall communicate in writing provide the decision reached within five employee with a formal, written response to the grievance.
(53) days. If the Superintendent/President or designee fails to Superintendent does not respond within the time limits providedlimits, or the grievant is not satisfied with the responsedisposition of said grievance, the grievant may proceed appeal to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c)Board.
12.3.3 (4) Within ten (10) days after receiving the grievanceabove time limits, either party may request a personal conference to discuss the grievance further. Either the grievant or the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee representative present if at such a minimum of two (2) days notice in writing is given to the other partyconference.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.
12.3.5 b. Level Two If the grievant does aggrieved person is not elect to appeal satisfied with the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conference, the grievant mayrendered under level one, within ten (10) days after receipt of the immediate supervisor’s or designeeSuperintendent’s written responsedecision, he may request that the Association submit an appeal on the appropriate form grievance to mediation with a mediator designated by the State Mediation and Conciliation Service. In the event this level does not resolve the grievance, any proposed remedies submitted by either party or the mediator may not be used or referred to if the grievance is taken to Level Three, Arbitration.
c. Level Three If the aggrieved person is not satisfied with the disposition of his grievance at Level One, or Two, he may, within ten (10) days after disposition or failure to respond by the Board, or its designee, request in writing that the Association submit his grievance to arbitration. The Association, by written notice to the Superintendent/President or designee, within fifteen (15) days after receipt of the request from the aggrieved person, may submit the grievance to binding arbitration.
(1) If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after he has had an opportunity to hear the merits of the grievance.
(2) The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within twenty (20) days of the Association’s submission of the grievance to arbitration, the parties shall request the California State Conciliation Service to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The statement remaining panel member shall be the arbitrator. The order of appeal striking shall include a copy be determined by lot.
(3) The arbitrator’s decision will be in writing and will set forth his findings of fact, reasoning and conclusion on the issue submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the original grievanceterms of this agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be proper. The decision rendered of the arbitrator will be final and binding
(4) All costs for the services of the arbitrator, including, but not limited to, per diem expenses, his travel and subsistence expenses and the cost of any hearing room will be borne equally by the immediate supervisor, board and a clear, concise statement of the reasons for appealAssociation. Alleged violations not presented at All other costs will be borne by the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee may meet with the grievant and shall communicate in writing the decision to the grievant no later than tenparty incurring them.
Appears in 1 contract
Formal Procedure. (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in the Human Resources Office). a. Level One
12.3.1 (1) If the grievant aggrieved person is not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after satisfied with the grievant knew, or by reasonable diligence could have known disposition of the most recent condition upon which grievance through the informal procedure, he may submit a written grievance is based. This form shall require a clear, concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, his supervisor and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee superintendent within ten (10) days from after disposition at the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement informal level.
(2) Within ten (10) days after receipt of the basis for written grievance, the appeal. The Superintendent/President or designee Superintendent shall communicate in writing provide the decision reached within five employee with a formal, written response to the grievance.
(53) days. If the Superintendent/President or designee fails to Superintendent does not respond within the time limits providedlimits, or the grievant is not satisfied with the responsedisposition of said grievance, the grievant may proceed appeal to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c)Board.
12.3.3 (4) Within ten (10) days after receiving the grievanceabove time limits, either party may request a personal conference to discuss the grievance further. Either the grievant or the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee representative present if at such a minimum of two (2) days notice in writing is given to the other partyconference.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.
12.3.5 b. Level Two If the grievant does aggrieved person is not elect to appeal satisfied with the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conference, the grievant mayrendered under level one, within ten (10) days after receipt of the immediate supervisor’s or designeeSuperintendent’s written responsedecision, he may request that the Association submit an appeal on the appropriate form grievance to mediation with a mediator designated by the State Mediation and Conciliation Service. In the event this level does not resolve the grievance, any proposed remedies submitted by either party or the mediator may not be used or referred to if the grievance is taken to Level Three, Arbitration.
c. Level Three If the aggrieved person is not satisfied with the disposition of his grievance at Level One, or Two, he may, within ten (10) days after disposition or failure to respond by the Board, or its designee, request in writing that the Association submit his grievance to arbitration. The Association, by written notice to the Superintendent/President or designee, within fifteen (15) days after receipt of the request from the aggrieved person, may submit the grievance to binding arbitration.
(1) If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after he has had an opportunity to hear the merits of the grievance.
(2) The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within twenty (20) days of the Association’s submission of the grievance to arbitration, the parties shall request the California State Conciliation Service to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The statement remaining panel member shall be the arbitrator. The order of appeal striking shall include a copy be determined by lot.
(3) The arbitrator’s decision will be in writing and will set forth his findings of fact, reasoning and conclusion on the issue submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the original grievanceterms of this agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be proper. The decision rendered of the arbitrator will be final and binding upon the parties of this agreement.
(4) All costs for the services of the arbitrator, including, but not limited to, per diem expenses, his travel and subsistence expenses and the cost of any hearing room will be borne equally by the immediate supervisor, board and a clear, concise statement of the reasons for appealAssociation. Alleged violations not presented at All other costs will be borne by the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee may meet with the grievant and shall communicate in writing the decision to the grievant no later than tenparty incurring them.
Appears in 1 contract
Formal Procedure. (see Appendices X-0G-1, X-0G-2, X-0 G-3 and G-4 for approved forms available in the Human Resources Office). Level One
12.3.1 If the grievant is not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known of the most recent condition upon which the grievance is based. This form shall require a clear, concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader Chair of the Faculty Association Professional Rights and Responsibilities Contractual Grievance Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee. Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader Chair of the Faculty Association Professional Rights and Responsibilities Contractual Grievance Committee, and the Vice Vice-President, Human Resources or designee.
12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conference, the grievant may, within ten (10) days after receipt of the immediate supervisor’s or designee’s written response, submit an appeal on the appropriate form to the Superintendent/President or designee. The statement of appeal shall include a copy of the original grievance, the decision rendered by the immediate supervisor, and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee may meet with the grievant and shall communicate in writing the decision to the grievant no later than ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
Formal Procedure. (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in the Human Resources Office). Level One
12.3.1 A. If the grievant is not satisfiedsatisfied with the discussion in the Informal Procedure, said he/she shall submit a written grievance to his/her building Principal within five (5) days of the Informal Procedure. 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 grievance. Present at this meeting shall include the grievant(s), and if the grievant shall complete so desires, a representative of his/her own choosing and file the building Principal, and if the building Principal desires, a District Grievance Form 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 thirty five (305) days after the meeting was held.
A. If the grievant knew, or by reasonable diligence could have known is not satisfied with the disposition of the most recent condition upon which the grievance is based. This form shall require a clear, concise, written statement at Step I or if no decision has been rendered within five (5) days after presentation of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall grievance may be delivered referred to the appropriate administrator Superintendent or his/her designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.
12.3.2 Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendentin his/President or designee within ten (10) days from the time the grievant receives notice of said rejectionher absence. The request for Step II appeal shall be in written form accompanied by the grievance, Principal’s decision, and include reasons for the request.
B. The Superintendent shall arrange for a clear, concise statement meeting to take place within five (5) days of the basis for receipt of the appeal. The Superintendent.
C. Upon conclusion of the meeting, the Superintendent will provide his/President or designee shall communicate in writing her written decision to the decision reached grievant, Association, and building Principal if involved within five (5) days. Such written decision shall include reasons upon which the decision was based.
D. If the Superintendent/President or designee fails Association is not the representative for a grievant, a spokesperson for the Association may be present to respond within submit the time limits provided, or Association's views on the grievance.
A. If the grievant is not satisfied with the responsedisposition of his/her grievance at Step II, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The non-prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within ten (10) days after receiving the grievance, the immediate supervisor he or designee shall meet with the grievant. Within these ten (10) days, and prior to the conference, the grievant she may file an amended grievance form appeal with the appropriate vice president or designee. Either party to board of education in writing, using the official form which is part of this conference may have a conferee present if a minimum of two procedure, within five (25) days notice in writing is given to of the other partyStep II response.
12.3.4 Within ten B. The board will hear the appeal at its next regularly scheduled meeting or a special board meeting which has been called within forty-five (1045) days from the time of the conferencereceipt of the appeal.
C. At the conclusion of the hearing, the immediate supervisor or designee Board shall provide a response render its decision by vote of the members present and shall transmit its decision in writing to the grievant, to the leader of building Principal, if involved, the Faculty Association Professional Rights and Responsibilities CommitteeSuperintendent, and the Vice President, Human Resources or designeeAssociation.
12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conference, the grievant may, within ten (10) days after receipt of the immediate supervisor’s or designee’s written response, submit an appeal on the appropriate form to the Superintendent/President or designee. The statement of appeal shall include a copy of the original grievance, the decision rendered by the immediate supervisor, and a clear, concise statement of the reasons for appeal. Alleged violations not presented at the formal conference may not be introduced at the appeal. The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor. The Superintendent/President or designee may meet with the grievant and shall communicate in writing the decision to the grievant no later than ten
Appears in 1 contract
Samples: Teacher Negotiated Agreement
Formal Procedure. (see Appendices X-0, X-0, X-0 and G-4 for approved forms available in 4.4.1 Level II – In the Human Resources Office). Level One
12.3.1 If the grievant is not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known of the most recent condition upon which the grievance is based. This form shall require a clear, concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference. A copy of said form shall be delivered to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.
12.3.2 Any grievance which is rejected due to an allegation event that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection. The appeal shall be in written form and include a clear, concise statement of the basis for the appeal. The Superintendent/President or designee shall communicate in writing the decision reached within five (5) days. If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the responsedecision at Level I, the grievant may proceed must present such grievance in writing to arbitration in accordance with section 12.3.8 on this issue alonethe Immediate Supervisor within 10 days, or the grievance is waived. This shall contain a clear and concise statement of the grievance, the circumstances involved, the decision rendered at the informal conference, and the specific remedy sought. The non-prevailing party at Immediate Supervisor shall communicate a decision to the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).
12.3.3 Within employee in writing within ten (10) days after receiving the grievance, . If the immediate supervisor or designee shall meet with Immediate Administrator does not respond within the grievant. Within these ten (10) days, and prior to the conferencetime limits, the grievant may file an amended grievance form with appeal to the appropriate vice president or designeenext level. Within the foregoing time limits, either party may request a personal conference to discuss the grievance. Either party to this conference the grievant or the Immediate Supervisor may have a conferee present if at such a minimum of two (2) days notice in writing conference.
4.4.2 Level III - In the event the grievant is given not satisfied with the decision at Level II, the grievant may appeal the decision to the other party.
12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice PresidentAssistant Superintendent, Human Resources or designee.
12.3.5 If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Level Two
12.3.6 If the grievance is not resolved at the formal conference, the grievant may, within ten (10) days after receipt of the immediate supervisor’s or designee’s decision. This written response, submit an appeal on the appropriate form to the Superintendent/President or designee. The statement of appeal shall include a copy of the original grievance, the decision rendered by the immediate supervisorat previous levels, and a clear, concise statement of the reasons for the appeal. Alleged violations A personal conference shall be held within the time limits to discuss the grievance unless the parties mutually agree to waive this requirement. Either party may have a conferee present at such conference. “The Assistant Superintendent, Human Resources shall communicate a written decision within ten (10) days of receipt of the appeal.” If the Assistant Superintendent, Human Resources does not presented respond within the time limits, the grievant may appeal to the next level.
4.4.3 Level IV - If the grievant is not satisfied with the decision at Level III, the formal conference may not be introduced employee may, within ten (10) days of receipt of the decision, appeal the decision to the Superintendent. This written appeal statement shall include a copy of the original grievance, the appeals, the decision rendered at the appeal. The scope Superintendent shall communicate a written decision within ten (10) days of receipt of the appeal appeal. Either the grievant or the Superintendent may request a personal conference within the foregoing time limits to discuss the grievance. Such personal conference shall be confined held regarding appeals of discipline pursuant to Article VII.
4.4.4 Level V - Grievances which have not been resolved at Level IV, which the Association desires to contest further, and which involve an express violation of a specific provision of this Agreement as provided above, may be submitted to Arbitration provided the Association gives written notice to the issues District of its intent to arbitrate within ten (10) working days after the decision rendered at Level IV. The provisions of the following articles shall not be subject to arbitration: Article I, Recognition; Article II, No Discrimination (except to the extent that a claim of discrimination arises as part of an arbitration pursuant to Article VII - Disciplinary Action); Article III, Employer Rights and evidence adduced at District Powers; Article V, Section 5.2 (except to the formal conference extent noted therein); Article XVII, Xxxxxx; and Article XVIII, Reclassification (except to the extent noted therein). Within ten (10) working days after sending the District such written notice of intent to arbitrate, the Association shall request a list of qualified arbitrators from the State Mediation and Conciliation Service, and the arbitrator shall be selected in accordance with the immediate supervisorrules and procedures of the State Mediation and Conciliation Service. The Superintendent/President arbitrator shall have no power to alter, amend, change, add to, or designee subtract from any of the terms of this Agreement. He shall only find whether there has been a violation of the express terms of this Agreement and what, if any, remedy is awarded for that violation of this Agreement in the respect alleged in the grievance. The findings of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other, except to the extent that post-hearing briefs are filed. Such post-hearing briefs, if any, shall be based solely upon the evidence presented by the respective parties in the presence of each other. This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall, therefore, not have authority, nor shall he consider it his function, to decide any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of this Agreement may meet be relevant evidence, but shall not be used so as to justify, or result in what is in effect a modification (whether by addition or by detraction) of the written terms of this Agreement. The arbitrator shall not make any decision or award, or fail to make any decision or award, merely because in his opinion such decision or award is fair or equitable. No findings by the arbitrator shall be retroactive beyond the beginning of the fifteen (15) day period specified in Level II of the grievance procedure set forth in Article 4.4.1 or the occurrence of the grievance, whichever is the most recent. The arbitrator shall have no power to grant an award on any grievance based on facts or actions which occurred before or after the term of this Agreement. The findings of the arbitrator which are within the limits herein prescribed shall be final and binding on all parties. Fifty percent of all expenses of the arbitration to be paid by each party. Each party shall bear the expense of the presentation of his own case. The arbitrator may hear and determine only one grievance at a time unless the parties expressly agree otherwise. All documents, communications and records dealing with the grievant processing of a grievance shall be filed in a separate file and shall communicate not be kept in writing the decision to personnel file of any of the grievant no later than tenparticipants. Upon request, the names of all participants in a given grievance shall be removed from all documents after one year from the date of the final resolution of the grievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
