Formal Resolution. 1. Service Provider or TJJD staff who wish to submit problems for resolution may do so in writing, including all relevant information and a recommended resolution (Statement of Problem).
2. The Statement of Problem will be submitted to the designated contact unless the problem specifically involves the designated contact, in which case, it will be submitted to the designated contact’s supervisor.
3. Problems are to be addressed within ten (10) working days; a written decision will be sent to the individual or program that submitted it, with copies retained by the designated contact and the designated contact’s supervisor.
Formal Resolution. Stage One
15.2.1 If any complaint is not satisfactorily resolved at the local level, the employee may file a dispute in writing within thirty (30) days after the circumstances giving rise to the complaint have occurred, or have come or ought reasonably to have come to the attention of the employee with his or her manager on a form prescribed by the Association. The manager shall meet with the employee and shall give the Association or representative of the Association present at the meeting and the employee his or her decision in writing within seven (7) days of the submission of the dispute.
Formal Resolution. A. Level I
1. The grievant shall submit a written grievance to his/her immediate supervisor within 15 days following knowledge of the alleged violation specifying the area believed to be violated and also stating the specific remedy sought.
2. The immediate supervisor shall schedule and hold a meeting within 5 days after receipt of written grievance. Persons present at this meeting will be the grievant, and if the grievant so desires, a representative of his/her own choosing, and the immediate supervisor, and if the immediate supervisor so desires, a person of his/her own choosing.
B. Level II
1. If the grievant is not satisfied with the Level I decision, he/she may submit a written appeal of the grievance to the superintendent within 5 days after the receipt of the Level I decision. A copy of the original grievance and the Level I response shall be filed with the appeal
2. The superintendent will arrange for a hearing with the grievant to take place within 5 days of the receipt of the appeal.
3. The parties of interest will have the right to include in the representation such witnesses as they deem necessary to develop facts pertinent to the grievance.
4. Upon conclusion of the hearing, the superintendent will have 5 days to provide a written decision, including reasons for the decision, to the grievant and the immediate supervisor of the grievant.
C. Level III
1. If the grievant is not satisfied with the Level II decision, he/she may within 5 days after receipt of the decision of the superintendent, request in writing that his/her grievance be heard at the next regularly scheduled school board meeting or at a special meeting.
2. Person present at the hearing will be the grievant, and if the grievant so desires, a representative of his/her own choosing, and the immediate supervisor, and if the immediate supervisor so desires, a person of his/her own choosing.
3. At the conclusion of the hearing the Board shall reach a decision by vote of the members present. The decision will be made known to the grievant at this time, and this decision transmitted in writing to the grievant and the immediate supervisor.
Formal Resolution. (1) Any dispute, controversy or claim between or among the parties hereto that arises out of or relates to this Agreement or any Ancillary Agreement entered into pursuant hereto, and which otherwise has been unresolved by a coordinating committee pursuant to Section 11.d.i.(1) or an audit committee pursuant to Section 11.d.i.(2) shall be settled by arbitration. In order to initiate an arbitration, BCBSUW, UWS or Meridian IRS (as the case may be) shall deliver a written notice of demand for arbitration to the other affected party(ies). Within thirty (30) days of the giving of such written notice, each party involved shall appoint an individual as arbitrator (the "Party Arbitrators"). Within thirty (30) days of their appointment, the Party Arbitrators shall collectively select one (or two if necessary to constitute an odd total number of arbitrators) additional arbitrator (together the "Panel Arbitrators") and shall give the parties involved notice of such choice.
(2) The arbitration hearings shall be held in Milwaukee, Wisconsin. Each party shall submit its case to the Panel Arbitrators within sixty (60) days of the selection of the Panel Arbitrators or within such longer period as may be agreed by the Panel Arbitrators. The decision rendered by a majority of the Panel Arbitrators shall be final and binding on the parties involved. Such decision shall be a condition precedent to any right of legal action arising out of the arbitrated dispute. Judgment upon the award rendered may be entered in any court having jurisdiction thereof.
(3) Each involved party shall a. pay the fees and expenses of its own Party Arbitrator, and pay its own legal, accounting, and other professional fees and expenses, b. jointly share in the payment of the fees and expenses of the other one (or two) arbitrator(s) selected by the Party Arbitrators, and c. jointly share in the payment of the other expenses jointly incurred by the involved parties directly related to the arbitration proceeding.
(4) Except as provided above, the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Formal Resolution. Arbitration
21.6.1 If the grievant is not satisfied with the decision of the grievance at Level Three or if a written decision has not been rendered by the Board of Education within ten (10) days, the grievant may request in writing to the Association that the dispute be submitted to arbitration. This request shall be made within ten (10) days of the decision rendered by the Board of Education or with ten (10) days of the date by which the written decision should have been received by the Association.
21.6.2 If, after consideration, the Association decides to submit the dispute to arbitration, the following process shall ensue:
A. The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) days of submission of the grievance to arbitration, they shall request the State Mediation and 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 remaining panel member shall be the arbitrator. The order of striking shall be determined by lot.
B. The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of this Agreement.
21.6.3 The decision of the arbitrator shall be final and binding.
21.6.4 The fees and expenses of the arbitrator shall be borne equally by the District and the Association. The cost of a hearing room shall be borne equally, and be mutually agreed to by the District and the Association. All other costs shall be borne by the party incurring them.
Formal Resolution. Level One
21.3.1 Within thirty (30) days after the occurrence of the alleged act or omission giving rise to the grievance, or within thirty (30) days of the date the grievant could reasonably have known of the act or omission, the grievant, in consultation with the Association, shall file a formal written grievance using an ITA Grievance Form with the grievant’s immediate supervisor.
21.3.2 The filing of the grievance shall be acknowledged by the dated signature of the immediate supervisor in receipt of the Grievance Form.
21.3.3 The grievance shall include the names of the grievant and immediate supervisor, general and specific grounds of the grievance, the date(s) of the alleged act or omission, the specific provisions of the Agreement alleged to have been violated, misinterpreted or misapplied, and any other pertinent information. It shall also include a statement of the specific resolution sought by the grievant.
21.3.4 The immediate supervisor shall render a written decision and send it to the grievant and the Association within ten (10) days following the filing of the grievance.
21.3.5 Within the above ten (10) days, a conference shall be held at the request of either party.
Formal Resolution. Level Three
21.5.1 If the grievant is not satisfied with the decision rendered at Level Two or if a written decision has not been rendered within ten (10) days, the grievant may appeal the grievance to the Board of Education using an ITA Grievance Form.
21.5.2 The appeal shall be filed within ten (10) days of the date on which the Level Two decision was rendered or should have been rendered.
Formal Resolution. If we cannot resolve a Claim informally, any Wilmington, NC 28402 ANY WARRANTIES REGARDING THE OPERATION, Claim either of us asserts will be resolved only by binding arbitration. Your rejection notice must be mailed within 45 days after your initial PERFORMANCE OR FUNCTIONALITY OF THE PROGRAM The arbitration will be conducted under the rules of JAMS that are in acceptance of these Terms. Your rejection notice must state that you (INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL effect at the time the arbitration is initiated (referred to as the “JAMS reject the Arbitration provision and include your name, address, OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE). YOU Rules”) and under the rules set forth in these Terms. If there is a Financial Institution and personal signature. No one else may sign the FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN conflict between JAMS Rules and the rules set forth in these Terms, rejection notice on your behalf. If your rejection notice complies with SECURITY, CORRUPTION, TRANSMISSION ERROR AND the rules set forth in these Terms will govern. ARBITRATION MEANS these requirements, this Section XIV will not apply to you, except for ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN THAT YOU WAIVE YOUR RIGHT TO LITIGATE THAT CLAIM IN any Claims subject to pending litigation or arbitration at the time you NETWORKS SUCH AS THE INTERNET AND/OR COURT OR HAVE A JURY TRIAL ON THAT CLAIM, AND YOU AND send your rejection notice. Rejection of this Arbitration provision will TELECOMMUNICATION LINES OR CIRCUITS. YOU HEREBY WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A not affect your other rights or responsibilities under this Section XIV or ASSUME ALL RISKS RELATING TO THE FOREGOING. REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS these Terms. Rejecting this Section XIV will not affect your ability to
Formal Resolution. A grievance is defined as a formal, written allegation by an employee, or a group of employees within a bargaining unit, that there has been a violation of this agreement, which occurred during the term of this agreement. The Union President may initiate a grievance on matters affecting a group of employees. Except as otherwise provided for in this Agreement, this grievance procedure will be the exclusive means of resolving grievances.
Formal Resolution. Level Two
21.4.1 If the grievant is not satisfied with the decision at Level One, or if a written decision has not been rendered within ten (10) days, the grievant may appeal the grievance in writing to the Superintendent using an ITA Grievance Form.
21.4.2 The appeal shall be filed within ten (10) days of the date on which the Level One decision was rendered or should have been rendered.
21.4.3 The appeal shall include a statement of the reason for the appeal, a copy of the Level One grievance, the decision rendered at Level One and any other documentation presented at Level One.
21.4.4 The Superintendent/designee shall render a written decision and send it to the grievant and the Association within ten (10) days.
21.4.5 Within the above ten (10) days, a conference shall be held at the request of either party.
