Common use of Formal Procedures Clause in Contracts

Formal Procedures. Level 1: In the event the matter is not resolved informally, the grievance shall be submitted in writing to the appropriate supervisor within twenty (20) working days of the occurrence giving rise to the grievance. Such statement of grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the remedy requested. Any grievance not submitted in writing to Level 1 by the employee within twenty (20) working days of the occurrence shall be considered waived. Level 2: If appealed, the written grievance shall be presented by the grievant and/or the Union and discussed at an informal meeting within ten (10) working days of receipt of the written grievance, with the Superintendent of Schools or a designated representative. The Employer- designated representative shall give the Union the Employer’s answer in writing within ten (10) working days after the review meeting. A grievance not resolved in Level 2 may be appealed in writing to Level 3 by the Union within ten (10) working following the Employer-designated representative’s final answer in Level 2. Any grievance not appealed in writing to Level 3 by the Union within ten (10) working days shall be considered waived. Level 3: A grievance unresolved in Level 2 and appealed to Level 3 by the Union shall be submitted to arbitration subject to the provisions of PELRA. If a mutually-acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made from a list of five (5) names provided by the procedures of the Minnesota Bureau of Mediation Services, at the request of the Union. 3.1 The arbitrator shall have no right to amend, modify, or disregard the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make decisions on any other issue not so submitted. 3.2 The arbitrator shall be without power to make decisions contrary to, or inconsistent with the statutory rights and obligations of the parties, or modifying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing, with copies to both parties, and to the Bureau of Mediation Services within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator’s interpretation or application of the terms of this Agreement and the facts of the grievance presented. 3.3 The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union. All other expenses shall be borne by the party incurring the expense. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally.

Formal Procedures. Level 1: In If the event the matter grievant is not resolved informallysatisfied with the disposition of the grievance following the informal procedure, the employee shall have the right to submit the grievance under the following formal procedures. 1. The grievance shall be reduced to writing and submitted to the appropriate supervisor within thirty (30) calendar days of the informal meeting provided in Section C. A copy of the grievance shall be submitted in writing to the appropriate superintendent and the Association by the grievant. 2. The supervisor may hold a hearing with the grievant to discuss the grievance. Whether a hearing is held or not, the supervisor shall issue a written disposition of the grievance, with a copy to the Association, within twenty (20) working calendar days or receipt of the occurrence giving rise written grievance. 1. If the grievant is not satisfied with the disposition of the grievance at Level One, or if no disposition is received within the time limit, the grievant may file a written appeal with the superintendent, with a copy to the grievance. Such statement of grievance shall set forth the nature of the grievanceAssociation, the facts on which it is based, the provisions of the Agreement allegedly violated, and the remedy requested. Any grievance not submitted in writing to Level 1 by the employee within twenty (20) working calendar days of receipt of the occurrence shall be considered waivedLevel One disposition or of expiration of the time limit. Level 2: If appealedIn the case of a grievance affecting a group of employees, the written Association may initiate the grievance at Level Two. 2. The superintendent, or designee, shall be presented by conduct a hearing on the grievant and/or the Union and discussed at an informal meeting grievance within ten twenty (1020) working calendar days of receipt of the written grievanceappeal. 3. The superintendent, or designee, shall render a written decision on the grievance to the grievant, with a copy to the Superintendent of Schools or a designated representative. The Employer- designated representative shall give the Union the Employer’s answer in writing Association, within ten (10) working calendar days after of the review meetinghearing. 1. A If the grievant is not satisfied with the disposition of the grievance not resolved in at Level 2 Two, or if no disposition is received within the time limit, the grievant may be appealed in writing file a written appeal with the Board with a copy to Level 3 by the Union Association, within ten (10) working following calendar days of receipt of the Employer-designated representative’s final answer in Level Two disposition or of expiration of the time limit. 2. Any The Board may appoint a committee to investigate the details of the grievance. If a grievance not appealed in writing to Level 3 by the Union within committee is appointed, they shall have ten (10) working calendar days shall after receipt of the written appeal to conduct their investigation. A written report of their findings will be considered waived. Level 3: A grievance unresolved in Level 2 and appealed to Level 3 by the Union shall be submitted to arbitration subject made available to the provisions grievant or the Association upon request. 3. The Board shall conduct a hearing of PELRAthe grievance within twenty (20) calendar days following receipt of the appeal or at its next regularly scheduled meeting. If a mutually-acceptable arbitrator cannot A written decision on the grievance will be agreed upon, provided to the selection of an arbitrator shall be made from a list of grievant and the Association within five (5) names provided by the procedures calendar days of the Minnesota Bureau of Mediation Serviceshearing. If the grievance is not resolved at Level Three, at or if no disposition is received within the request time limit, the Association may file a written appeal of the Union. 3.1 The arbitrator shall have no right to amend, modify, or disregard the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make decisions on any other issue not so submitted. 3.2 The arbitrator shall be without power to make decisions contrary to, or inconsistent with the statutory rights and obligations of the parties, or modifying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing, with copies to both parties, and grievance to the Bureau South Dakota Department of Mediation Services Labor, as provided in statute, within thirty (30) days following the close of receipt of the hearing Board’s decision or expiration of the submission of briefs by the parties, whichever be later, unless the parties agree to an extensiontime limit. The decision Each party shall be binding on both the Employer and the Union and responsible for its own cost of such arbitration. Neither party shall be based solely on permitted to assert any grounds or evidence before the arbitrator’s interpretation or application Department of Labor that were not previously disclosed to the terms of this Agreement and the facts of the grievance presentedother party. 3.3 The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union. All other expenses shall be borne by the party incurring the expense. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally.

Formal Procedures. Level 1: In Step 1 No later than seven (7) days after the event grievant could reasonably be expected to know about the matter is not resolved informally, the grievance shall be submitted in writing to the appropriate supervisor within twenty (20) working days occurrence of the occurrence alleged violation giving rise to the grievance, the grievant may submit to the proper immediate administrative authority, who has the authority to bring about a resolution of the alleged problem, a completed and signed Grievance Report Form. Such statement Within seven (7) days of receipt of the Grievance Report, the administrator shall meet with the grievant in an effort to resolve the grievance. The administrator shall indicate in writing his/her disposition to the grievant within seven (7) days after such meeting. Step 2 If the grievant is not satisfied or if no disposition of the grievance shall has been made within the time limits set forth in Step 1, the nature grievant may within seven (7) days submit the written Grievance Report Form, to the Superintendent or designee. Within seven (7) days of receipt of the grievanceGrievance Report the Superintendent and/or his/her designee shall meet with the grievant. Within seven (7) days after such meeting, the facts on which it Superintendent or designee shall indicate in writing his/her disposition to the grievant. Step 3 If the Union is basednot satisfied with the disposition of the grievance at Step 2, the provisions Union may refer the grievance to grievance mediation under the director of Federal Mediation and Conciliation Services by filing a written request with the Agreement allegedly violated, and the remedy requestedExecutive Director of Human Resources. Any grievance not submitted in writing to Level 1 by the employee within twenty (20) working days of the occurrence shall be considered waived. Level 2: If appealedunresolved through mediation, the written grievance shall be presented by the grievant and/or the Union and discussed at an informal meeting may, within ten (10) working days of receipt the completion of the written grievancemediation meeting, refer the grievance to arbitration by filing a demand in writing with the Superintendent of Schools or a designated representative. designee for Step 4. Step 4 The Employer- designated representative shall give the Union the Employer’s answer in writing within ten (10) working days after the review meeting. A grievance not resolved in Level 2 may be appealed in writing to Level 3 by the Union within ten (10) working following the Employer-designated representative’s final answer in Level 2. Any grievance not appealed in writing to Level 3 by the Union within ten (10) working days shall be considered waived. Level 3: A grievance unresolved in Level 2 and appealed to Level 3 by the Union matter shall be submitted to arbitration subject to the provisions of PELRAAmerican Arbitration Association with a request for nine (9) arbitrators. If a mutually-acceptable arbitrator cannot be agreed upon, the selection of an The arbitrator shall be made from a list of five (5) names provided by selected according to the procedures of the Minnesota Bureau of Mediation Services, at the request of the Union. 3.1 alternate strike method. The arbitrator shall have no right to amend, modify, or disregard the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make decisions on any other issue not so submitted. 3.2 The arbitrator shall be without power to make decisions contrary alter, add to, or inconsistent with subtract from the statutory stated provisions and rights herein contained, and obligations of his/her award shall be final and binding upon the parties, . Either or modifying in any way both parties may be represented at the application of laws, rules or regulations having the force and effect of lawarbitration hearing. The arbitrator’s decision shall be submitted in writing, with copies to both parties, and to the Bureau of Mediation Services within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator’s interpretation or application of the terms of this Agreement and the facts of the grievance presented. 3.3 The fees and expenses for of the arbitrator’s services and proceedings arbitrator shall be borne equally shared by the Employer Board and the Union. All other additional expenses shall be borne by the party parties incurring the expense. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equallythem.

Formal Procedures. Level 1: In ‌ Step 1 No later than seven (7) days after the event grievant could reasonably be expected to know about the matter is not resolved informally, the grievance shall be submitted in writing to the appropriate supervisor within twenty (20) working days occurrence of the occurrence alleged violation giving rise to the grievance, the grievant may submit to the proper immediate administrative authority, who has the authority to bring about a resolution of the alleged problem, a completed and signed Grievance Report Form. Such statement Within seven (7) days of receipt of the Grievance Report, the administrator shall meet with the grievant in an effort to resolve the grievance. The administrator shall indicate in writing his disposition to the grievant within seven (7) days after such meeting. Step 2 If the grievant is not satisfied or if no disposition of the grievance shall has been made within the time limits set forth in Step 1, the nature grievant may within seven (7) days submit the written Grievance Report Form, to the Superintendent or designee. Within seven (7) days of receipt of the grievanceGrievance Report the Superintendent and/or his designee shall meet with the grievant. Within seven (7) days after such meeting, the facts on which it Superintendent or designee shall indicate in writing his disposition to the grievant. Step 3 If the Union is basednot satisfied with the disposition of the grievance at Step 2, the provisions Union may refer the grievance to grievance mediation under the director of Federal Mediation and Conciliation Services by filing a written request with the Agreement allegedly violated, and the remedy requestedExecutive Director of Human Resources. Any grievance not submitted in writing to Level 1 by the employee within twenty (20) working days of the occurrence shall be considered waived. Level 2: If appealedunresolved through mediation, the written grievance shall be presented by the grievant and/or the Union and discussed at an informal meeting may, within ten (10) working days of receipt the completion of the written grievancemediation meeting, refer the grievance to arbitration by filing a demand in writing with the Superintendent of Schools or a designated representative. designee for Step 4. Step 4 The Employer- designated representative shall give the Union the Employer’s answer in writing within ten (10) working days after the review meeting. A grievance not resolved in Level 2 may be appealed in writing to Level 3 by the Union within ten (10) working following the Employer-designated representative’s final answer in Level 2. Any grievance not appealed in writing to Level 3 by the Union within ten (10) working days shall be considered waived. Level 3: A grievance unresolved in Level 2 and appealed to Level 3 by the Union matter shall be submitted to arbitration subject to the provisions of PELRAAmerican Arbitration Association with a request for nine (9) arbitrators. If a mutually-acceptable arbitrator cannot be agreed upon, the selection of an The arbitrator shall be made from a list of five (5) names provided by selected according to the procedures of the Minnesota Bureau of Mediation Services, at the request of the Union. 3.1 alternate strike method. The arbitrator shall have no right to amend, modify, or disregard the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make decisions on any other issue not so submitted. 3.2 The arbitrator shall be without power to make decisions contrary alter, add to, or inconsistent with subtract from the statutory stated provisions and rights herein contained, and obligations of his award shall be final and binding upon the parties, . Either or modifying in any way both parties may be represented at the application of laws, rules or regulations having the force and effect of lawarbitration hearing. The arbitrator’s decision shall be submitted in writing, with copies to both parties, and to the Bureau of Mediation Services within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator’s interpretation or application of the terms of this Agreement and the facts of the grievance presented. 3.3 The fees and expenses for of the arbitrator’s services and proceedings arbitrator shall be borne equally shared by the Employer Board and the Union. All other additional expenses shall be borne by the party parties incurring the expensethem. If either party desires a verbatim record General Provisions‌ A. The time limits provided for in this Article shall be strictly observed but may be extended by written agreement of the proceedingsparties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, it may cause the Board shall use its best efforts to process such a record grievance prior to be made, providing it pays for the record. If both parties desire a verbatim record end of the proceedings, the cost school term or as soon thereafter as reasonably possible. B. Nothing herein contained shall be shared equallyconstrued to limit the right of an individual employee to discuss a personal complaint with a supervisory person without recourse to the grievance procedure except that the Union shall be informed of any result that affects the Agreement. C. The grievant may be represented at any stage of the grievance procedure by a Union representative. Grievance Forms‌ 1. Any grievance may be filed on the authorized grievance form agreed to between the parties to this Agreement. 2. Such forms must provide for naming of the specific article of the Agreement referring to the alleged violation and shall state the contention of the employee or the Union, and shall indicate the relief requested. 3. The agreed to grievance form shall be made available to any employee requesting such either through his/her supervisor or the local Union representative.