Formal Proceedings. (1) Where a matter is referred to the Review Chairperson in accordance with the foregoing procedure, they shall proceed to determine whether adequate cause exists for the President to recommend dismissal of the professional librarian employee, or they may in their discretion appoint two (2) persons to sit with them as a Review Committee to make such determination. The Review Chairperson shall act as Chairperson of any Review Committee.
(2) The Review Chairperson or a Review Committee shall advise the President, the University Librarian and the professional librarian employee of the date and place fixed by it for a hearing in connection with the matter. Such date shall be not more than six (6) weeks after the matter is referred to the Review Chairperson. The professional librarian employee may at any time before the hearing provide the Review Chairperson or the Review Committee and the President with a written reply to the reasons given by the President in support of their intention to recommend dismissal; but where such a reply is given within seven (7) days of the day fixed for the hearing, the Review Chairperson or Review Committee may, on its own initiative or at the request of the President, postpone the hearing for a period not exceeding seven (7) days. Reasonable notice of any postponement shall be given to the professional librarian employee, the University Librarian and the President.
(3) A hearing by the Review Chairperson or a Review Committee shall be held in camera unless the professional librarian employee requests otherwise by notice given to the Review Chairperson or a Review Committee in writing at least one (1) week in advance of the hearing.
(4) Both the President (or their nominee) and the professional librarian employee are entitled to appear at the hearing and, if they so desire, to be represented by counsel or other advisers. The Review Chairperson or a Review Committee is entitled to set its own rules as to the procedure before it, the examination and cross-examination of witnesses and the admissibility of evidence. A transcript of the proceedings at any hearing before a Review Chairperson or Review Committee shall not be obligatory but the Chairperson or the Committee, upon the application of either the President (or their nominee) or the affected professional librarian employee, may direct that the testimony of a specified witness be recorded and a transcript thereof provided if the Chairperson or the Committee so desires.
(5) As s...
Formal Proceedings. Formal proceedings for the resolution of a dispute pursuant to this Section 15 may not be commenced until the earlier of:
(i) the Parties or designated Party representatives concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or
(ii) 30 business days from the date of the Dispute Notice. (This period shall be deemed to run notwithstanding any claim that the process described in this Section was not followed or completed).
Formal Proceedings. (1) Where a matter is referred to the Review Chairperson in accordance with the foregoing procedure, he/she shall proceed to determine whether adequate cause exists for the President to recommend dismissal of the professional librarian employee, or he/she may in his/her discretion appoint two (2) persons to sit with him/her as a Review Committee to make such determination. The Review Chairperson shall act as Chairperson of any Review Committee.
Formal Proceedings. Step 1: Within ten (10) days of a decision at the informal stage, the grievance must be filed in writing with the appropriate Xxxx. The grievance must cite the article(s) allegedly violated, misinterpreted, or misapplied, the date(s) of the events which are the subject of the grievance, the persons present at the events if applicable, the facts supporting the grievance, and the requested remedy. Within ten (10) days of receipt of that writing, the Xxxx or designee shall meet with the grievant, and if requested by the grievant, representation from the Union, for the purpose of resolving the grievance. A person chosen by the Xxxx or designee may also attend. Within five (5) days of the meeting, the Xxxx or designee shall render a decision, subject to approval by the appropriate administrator, in writing with copies sent to the grievant(s) and the Union.
Step 2: If the grievance is not resolved at Step 1 and the grievant wishes to pursue the matter, the grievant must submit the grievance in writing to the Chief Academic Officer or designee within ten (10) days after the receipt of the decision of the Xxxx. Within ten (10) days of the receipt of the grievance, the Chief Academic Officer or designee shall meet with the grievant and representation from the Union for the purpose of resolving the grievance. A person chosen by the Chief Academic Officer or designee may also attend. Within five (5) days of the meeting, the Chief Academic Officer or designee shall render a decision in writing, subject to approval by the appropriate administrator, with copies sent to the grievant(s) and the Union.
Step 3: If the grievance is not resolved at Step 2, then within twenty (20) days of the date of the Step 2 decision, the Union alone may submit the grievance to binding arbitration. A request for a list of arbitrators will be made to the American Arbitration Association. A copy of the request or demand will simultaneously be served upon the College. The parties will then be bound by the rules and procedures of the American Arbitration Association in the selection of the arbitrator. The selected arbitrator will hear the matter promptly and will issue a decision not later than thirty (30) calendar days from the date of the close of the proceeding. The arbitrator's decision will be in writing and will set forth findings of fact, reasoning and conclusions on the issue(s). The arbitrator shall have no authority to alter, amend or modify this agreement, or to imply any obligation ...
Formal Proceedings. All proceedings will begin at Level One unless otherwise noted. If two or more members have an identical grievance, a joint grievance on their behalf may be filed by the Federation and processed as a single procedure. Where members filing such joint grievance work in different levels of the school system (high school, middle school, elementary school) such grievance will be initiated at Level One and shall involve an appropriate administrator for each of the affected levels.
Formal Proceedings. Formal proceedings for the resolution of a Dispute may be commenced after the earlier of: (i) the exhaustion of the Dispute Resolution Procedure as set forth in Section 13.3.1; and (ii) ninety (90) days after the initial request to negotiate the Dispute. Notwithstanding the foregoing, each Party may institute formal proceedings at any time in order to avoid the expiration of any applicable limitations period, to preserve a superior position with respect to other creditors, or to seek equitable relief.
Formal Proceedings. Formal proceedings for the resolution of a Dispute may be commenced after the earlier of (i) the designated representatives concluding that amicable resolution of the Dispute through continued negotiation does not appear likely, or (ii) [***] after the initial request to negotiate the Dispute, except for Disputes related to disputed amounts in invoices, for which such time period shall be [***]. Notwithstanding the foregoing, each Party may institute formal proceedings at any time in order to avoid the expiration of any applicable limitations period, to preserve a superior position with respect to other creditors, or to seek equitable relief.
Formal Proceedings. Any settlement between the University and the Union at any stage of the formal procedure shall be binding on the University, the Union and any grievant(s). Any disposition of a grievance from which no appeal is taken within the time limits specified herein shall be deemed resolved and shall not thereafter be subject to any further processing under the grievance and arbitration provisions of the Agreement. This shall not preclude the grieving of different occurrences of matters of a like or similar nature. Failure on the part of the University to answer a grievance at any step shall not be deemed acquiescence thereto, and the grieving party may proceed to the next step in the grievance process.
Step 1 - No later than ten (10) working days after the receipt of a final answer at the informal step, the grievance must be filed in writing on a grievance form (Appendix C) with the Executive Director Human Resources Services in the Office of Human Resources with a copy forwarded at the same time to the Union by the grievant. The grievance must cite the article(s) allegedly violated, misinterpreted, or misapplied, the date(s) of the events which are the subject of the grievance, the persons present at the events if applicable, the facts supporting the grievance, and the requested remedy.
Step 2 - If the grievance is not resolved at Step 1, the grievant may submit the grievance in writing to the Executive Director Human Step 3 - If the grievance is not resolved at Step 2 then within thirty (30) working days after the date of the Step 2 decision, the Union alone may submit the grievance to binding arbitration.
Formal Proceedings. A. Step 1 Within thirty-five (35) Working Days after the Grievant(s) knew or should reasonably have known of the event giving rise to the grievance, the grievance must be filed in writing with the College’s Liaison to the Union or designee (the “Liaison”). The grievance must cite the article(s) allegedly violated, misinterpreted, or misapplied; the dates of the events which are the subject of the grievance; the persons present at the events, if applicable; sufficient facts to support the grievance; and the requested remedy. A copy shall be sent to the Union by the Grievant(s). Within ten (10) Working Days, the Liaison shall meet with the Grievant(s) and any Union Representative for the purpose of resolving the grievance. A CFAC Representative in training may also attend the Step 1 meeting upon at least two (2) days written notice by the Grievant(s) or the Union to the Liaison; such notice must include the name of the Union Representative in training. The CFAC Representative in training may observe the proceedings but may not participate. The Liaison may also gather information from any appropriate sources. Within ten
Formal Proceedings. Notwithstanding the dispute resolution provisions of Section 2.1(e)(v), either Party may seek equitable relief at any time before or during such dispute resolution proceedings to protect its interests or to preserve the status quo pending completion of any dispute resolution process or to otherwise protect its rights or interests as permitted at law and in equity. By seeking or obtaining such remedy, the Party seeking equitable relief hereunder will not waive any of the provisions of Section 2.1(e)(v).