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. The supervisor, or designated representative, shall give the Employer’s Level 1 answer in writing within ten (10) working days following receipt of the written grievance. If the informal procedures have not been followed, the supervisor shall have an additional five (5) days in which to schedule a review meeting before replying to the written grievance. Any grievance not appealed in writing to Level 2 by the employee and the Union within ten (10) working days after receipt or due date of the Employer’s Level 1 reply, 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.

Appears in 4 contracts

Samples: The Agreement, www.spfe28.org, www.spfe28.org

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Formal Procedures. Level 1Step One: In The employee or the event the matter is not resolved informally, Association will present the grievance shall be submitted in writing to the appropriate immediately involved supervisor. Such grievance will be submitted within fifteen (15) days following the occurrence complained of or within fifteen (15) days of when such occurrence should reasonably have become known. The supervisor will arrange for a meeting to take place within ten (10) days after receipt of the grievance to discuss the claim. Within ten (10) days of the meeting, the employee and the Association will be provided with the supervisor's written response. Step Two: If the grievance is not resolved at Step One, then the Association may refer the grievance in writing to the superintendent or designee within ten (10) days after receipt of the Step One answer. The Superintendent or designee will arrange for a meeting to take place within ten (10) days of receipt of the appeal. Within ten (10) days of the meeting, the employee and the Association will be provided with the written response of the Superintendent or designee. Step Three: If the Association is not satisfied with the disposition of the grievance at Step Two, the Association may refer the grievance in writing along with any other written documents, arguments, or testimony in support of the grievance to the Board within ten (10) days after receipt of the Step Two answer. The Board will review the grievance and provide a written response to the employee and Association within twenty (20) working days after the next regular meeting following the submission of the occurrence giving rise to the grievance. Such statement of Step Four: Only the Association may submit the grievance shall set forth to binding arbitration. If the nature Association is not satisfied with the disposition of the grievancegrievance at Step Three, the facts on which it is based, American Arbitration Association will act as the provisions administrator of the Agreement allegedly violated, and the remedy requestedproceedings. Any grievance If a written demand for arbitration is not submitted in writing to Level 1 by the employee filed within twenty (20) working days of the occurrence shall date for the Step Three response, then the grievance will be considered waiveddeemed withdrawn. The supervisor, or designated representative, shall give the Employer’s Level 1 answer in writing within ten (10) working days following receipt arbitrator will base his decision solely upon his interpretation of the written grievance. If meaning or application of the informal procedures have not been followed, the supervisor shall have an additional five (5) days in which to schedule a review meeting before replying specific terms of this Agreement to the written grievance. Any grievance not appealed in writing to Level 2 by the employee and the Union within ten (10) working days after receipt or due date facts of the Employer’s Level 1 reply, 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 representativepresented. 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 arbitrator will have no power 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 alter, amend, modify or add to the provisions terms 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 Unionthis Agreement.

Appears in 1 contract

Samples: Agreement

Formal Procedures. Level 1: In One  If the event the matter grievant is not resolved informallysatisfied with the outcome of the informal procedure, the he/she may present his/her alleged grievance shall be submitted formally in writing to the appropriate principal or the principal's supervisor within twenty (20) working days EDSSI). A written grievance shall contain the following information: name and position of grievant; a statement of the occurrence giving rise grievance and the facts involved, including relevant dates; a reference to the grievance. Such statement applicable provisions of grievance shall set forth MNPS policy; the nature corrective action requested; signature of the grievant.  At the time of filing the Level One grievance, the facts on which it grievant may request a conference prior to the rendering of the decision. If a conference is basedrequested, the provisions act of scheduling 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 conference shall be considered waived. The supervisor, or designated representative, shall give the Employer’s Level 1 answer in writing occur within ten (10) working days following the receipt of the written grievance. If the informal procedures have not been followed The principal, the supervisor shall have an additional five (5) days in which to schedule a review meeting before replying to the written grievance. Any grievance not appealed in writing to Level 2 by the employee and the Union within ten (10) working days after receipt or due date of the Employer’s Level 1 replyother appropriate administrator, 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 meetingreceipt of the grievance or the grievance conference (if one is requested) shall render a written decision to the grievant. A grievance not resolved in Level 2 Two  If the grievant wishes to appeal the decision at Level One, the grievant may be appealed appeal in writing to Level 3 by the Union Chief Human Resources Officer within ten (10) working following work days after the Employer-designated representative’s final answer in decision at Level 2One. Any grievance not appealed in writing  At the time of filing the Level Two grievance, the grievant may request a conference prior to Level 3 by the Union rendering of the decision. If a conference is requested, the act of scheduling the conference shall occur within ten (10) working work days following the receipt of the grievance.  The Chief Human Resources Officer or his/her designee, within ten (10) work days after the receipt of the grievance or the conference (if one is requested) shall be considered waivedrender a written decision to the grievant. Level 3: A grievance unresolved Three  If the grievant wishes to appeal the decision at Level Two, the grievant may appeal in Level 2 and appealed to Level 3 by the Union shall be submitted to arbitration subject writing to the provisions Director of PELRASchools within ten (10) work days after the decision at Level Two.  At the time of filing the Level Three grievance, the grievant may request a conference prior to the rendering of the decision. If a mutually-acceptable arbitrator cannot be agreed uponconference is requested, the selection act of an arbitrator scheduling the conference shall be made from a list of five occur within ten (510) names provided by work days following the procedures receipt of the Minnesota Bureau of Mediation Services, at the request grievance.  Within ten (10) work days after receipt of the Union.grievance or the grievance conference (if one is requested), the Director of Schools or his/her designee shall render a written decision to the aggrieved person. This decision is final. MISCELLANEOUS DETAILS

Appears in 1 contract

Samples: www.nctq.org

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Formal Procedures. Level 1: In One • If the event the matter grievant is not resolved informallysatisfied with the outcome of the informal procedure, the he/she may present his/her alleged grievance shall be submitted formally in writing to the appropriate principal or the principal's supervisor within twenty (20) working days EDSSI). A written grievance shall contain the following information: name and position of grievant; a statement of the occurrence giving rise grievance and the facts involved, including relevant dates; a reference to the grievance. Such statement applicable provisions of grievance shall set forth MNPS policy; the nature corrective action requested; signature of the grievant. • At the time of filing the Level One grievance, the facts on which it grievant may request a conference prior to the rendering of the decision. If a conference is basedrequested, the provisions act of scheduling 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 conference shall be considered waived. The supervisor, or designated representative, shall give the Employer’s Level 1 answer in writing occur within ten (10) working days following the receipt of the written grievance. If the informal procedures have not been followed• The principal, the supervisor shall have an additional five (5) days in which to schedule a review meeting before replying to the written grievance. Any grievance not appealed in writing to Level 2 by the employee and the Union within ten (10) working days after receipt or due date of the Employer’s Level 1 replyother appropriate administrator, 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 meetingreceipt of the grievance or the grievance conference (if one is requested) shall render a written decision to the grievant. A grievance not resolved in Level 2 Two • If the grievant wishes to appeal the decision at Level One, the grievant may be appealed appeal in writing to Level 3 by the Union Chief Human Resources Officer within ten (10) working following work days after the Employer-designated representative’s final answer in decision at Level 2One. Any grievance not appealed in writing • At the time of filing the Level Two grievance, the grievant may request a conference prior to Level 3 by the Union rendering of the decision. If a conference is requested, the act of scheduling the conference shall occur within ten (10) working work days following the receipt of the grievance. • The Chief Human Resources Officer or his/her designee, within ten (10) work days after the receipt of the grievance or the conference (if one is requested) shall be considered waivedrender a written decision to the grievant. Level 3: A grievance unresolved Three • If the grievant wishes to appeal the decision at Level Two, the grievant may appeal in Level 2 and appealed to Level 3 by the Union shall be submitted to arbitration subject writing to the provisions Director of PELRASchools within ten (10) work days after the decision at Level Two. • At the time of filing the Level Three grievance, the grievant may request a conference prior to the rendering of the decision. If a mutually-acceptable arbitrator cannot be agreed uponconference is requested, the selection act of an arbitrator scheduling the conference shall be made from a list of five occur within ten (510) names provided by work days following the procedures receipt of the Minnesota Bureau of Mediation Services, at the request grievance. • Within ten (10) work days after receipt of the Union.grievance or the grievance conference (if one is requested), the Director of Schools or his/her designee shall render a written decision to the aggrieved person. This decision is final. MISCELLANEOUS DETAILS

Appears in 1 contract

Samples: pdf4pro.com

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