Formal Resolution, Level Three Sample Clauses

Formal Resolution, Level Three. Within the time limits for appeal to Level Four, the District and the Association may by mutual agreement elect to submit the grievance to mediation to attempt to resolve the grievance by informal agreement. If there is agreement to submit the grievance to mediation, the District shall contact the California State Conciliation Service and request that a mediator be appointed. The mediation shall be limited to a total of eight (8) hours unless the parties agree to additional time. The parties shall attempt to reduce outstanding issues, and if possible, settle the dispute. The mediator, however, shall not have the power or authority to render a decision on the issues(s) or impose a settlement on the parties. Any statements made during the mediation process (other than those already documented at Levels One and Two) shall be confidential, shall not be considered precedential in nature, and shall not be admissible in any future court, administrative proceeding, or additional step in the grievance procedure. If mediation does not satisfactorily resolve the grievance, the Association may appeal the grievance to Level Four within ten (10) days of the last mediation session
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Formal Resolution, Level Three. If the grievant is not satisfied with the decision at Level Two, the Association may, within fifteen
Sample 1Sample 2Sample 3
Formal Resolution, Level Three. 1. If the grievant is not satisfied with the Level Two decision, the grievant may submit, in writing an appeal to the Board of Education within seven (7) workdays after receipt of the Level Two decision. 2. No later than thirty-two (32) days after the receipt of the request, the Board of Education shall set a Level Three hearing on the agenda of the next regularly scheduled meeting or special meeting. If a special meeting is called, the time and date for the hearing shall be established mutually by the Board and the Union. a. If the Union is not the representative of the grievant, a Union representative shall have the right to be present at this hearing and shall be permitted to present the Union’s views with respect to the grievance prior to the conclusion of the hearing. b. At the conclusion of the hearing, the Board shall give its decision by a vote of the members present and shall transmit its decision, in writing, to the grievant, the administrative supervisor, and the Union within seven (7) workdays.
Sample 1Sample 2
Formal Resolution, Level Three. If the grievant is not satisfied with the decision at level two, the Association may, within ten (10) days, submit a request, in writing, to the Superintendent for arbitration of the dispute. The Association and the District shall attempt to agree on an arbitrator. If no agreement can be reached, the District and the Association agree to request, from the State Mediation and Conciliation Services (SMCS), and odd numbered panel of arbitrators qualified to render a decision in the public schools of California. The order of striking shall be determined by lot. The last name remaining shall service in accordance with the procedures of SMCS. If either the District or the Association wants to reject the entire list before striking, a request for another panel will be forwarded from SMCS. If, for some reason, that arbitrator cannot serve, a new list shall be requested from SMCS and the above process begun again. The fees and expense of the arbitrator in the hearing shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them. The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted. 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. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation, misinterpretation, or misapplication of this Agreement in the respect alleged in the grievance. The decision of the arbitrator shall be based upon the evidence and arguments presented to him/her by the respective parties and upon generally accepted rules of contract construction and interpretation. 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/she consider its his/her function to decide any issue not submitted or to so interpret or apply the Agreement as to change what can clearly 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 the Agreement may be utilized b...
Sample 1Sample 2
Formal Resolution, Level Three. If the grievant is not satisfied with the decision at Level Two, the Association may, within five (5) days, submit a request in writing to the Superintendent for arbitration of the dispute. The grievant and the District shall attempt to agree on an arbitrator. If no agreement can be reached, they shall request the 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 (1) name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot. 4.5.1 The fees and expenses of the arbitrator in the hearing shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them. 4.5.2 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted. 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. 4.5.3 The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement. 4.5.4 As soon as possible after the hearing, the arbitrator shall submit, in writing, to all parties, a final and binding award. 4.5.5 The exercise by the District of its responsibility referred to in Article 7 (District Rights) shall not be subject to this procedure.
Sample 1
Formal Resolution, Level Three. 1. In the event a grievance filed at Level Three is not resolved under the above procedures in Level One and Two, the Union may submit the grievance to arbitration within five (5) school days after receipt by the grievant and the Union of the Level Two written decision. Requests by the Union for arbitration shall be in writing to the Superintendent, and subject to the procedures and provisions as set forth below. 2. Within five (5) days of the arbitration demand, the parties shall request the American Arbitration Association or the Federal Mediation and Conciliation Service to furnish one (1) panel of arbitrators from which a selection shall be made pursuant to its rules and procedures. The parties shall join in the execution of such requests. a. Within five (5) days of receipt of the list of seven (7) arbitrators, the Union and a representative from the Board shall meet to strike the names of six (6) prospective arbitrators from the list. The selection of which party is to be the first to strike a name shall be determined by the flip of a coin. The parties shall alternate striking names, until only one name remains. The remaining name on the list shall be the individual who will conduct the arbitration. b. The Human Capital Department and the Union shall notify the agency providing the list within two (2) days of the selection of the arbitrator. The agency shall notify the arbitrator of the selection. The arbitrator will notify the parties of the available dates to schedule the hearing. 3. The arbitrator shall hold a hearing within twenty (20) calendar days of appointment. Five (5) calendar days’ notice will be given to all parties of the time and place of the hearing. The arbitrator shall issue the decision not later than thirty (30) calendar days from the date of the closing of the hearings. The decision shall be in writing and shall set forth the arbitrator’s opinion and conclusions on the issues submitted. 4. The arbitrator’s function is to interpret the provisions of the Agreement and to decide cases of alleged violation of such provisions. The arbitrator shall have no power to add to, delete from, or modify in any way the provisions of this Agreement. The arbitrator shall have the power to make compensatory awards, where necessary, to implement the decision. a. Compensatory awards are defined as restitution of wages and/or benefits to which teachers would have been entitled had the violation of their rights under the provisions of this Agreement not...
Sample 1
Formal Resolution, Level Three. 18 If the grievant is not satisfied with the decision at level two, the Association may, within ten (10) 19 days, submit a request, in writing, to the Superintendent for arbitration of the dispute. The Association 20 and the District shall attempt to agree on an arbitrator. If no agreement can be reached, the District 21 and the Association agree to request, from the State Mediation and Conciliation Services (SMCS), an 22 odd numbered panel of arbitrators qualified to render a decision in the public schools of California.
Sample 1
AutoNDA by SimpleDocs
Formal Resolution, Level Three. If the grievance is denied at Level Two, the Association may within ten (10) days submit a written demand for arbitration to the Superintendent. The Association and the District shall attempt to agree on an arbitrator. If no agreement can be reached, they shall request the State Conciliation Service to supply a panel of five (5) names. Each party shall alternately strike a name until only one (1) name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot.
Sample 1
Formal Resolution, Level Three. Within ten (10) days of the decision by the Superintendent or theirhis designee, the grievant may request the Association to submit the grievance to arbitration. A copy of the decision must be provided the District within the ten (10) day limit. Within twenty-five (25) days of the decision by the Superintendent, the Association must have notified the District in writing of its intent to submit the grievance to arbitration. Prior to arbitration, however, either party may request a mediator. In the event either party cannot agree upon a mediator, one will be selected from a list provided by the State Office of Mediation and Conciliation. If the Association decides to submit the grievance to arbitration, after mediation if any, the Association and the District shall attempt to agree on an arbitrator. If no agreement can be reached, they shall request the State Conciliation Service to supply a panel of five (5) names of persons experienced in conducting grievance arbitration hearings. Each party shall alternately strike a name until only one (1) name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot.
Sample 1

Related to Formal Resolution, Level Three

  • 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.

  • Informal Resolution To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.

  • Formal Grievance Procedure 1. In the event that a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration. 2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written request. 3. Internal Steps in the Procedure a. Step One: The Director of Human Resources (1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form. (2) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties. (3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision. (4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form. (5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!