Common use of Formal Clause in Contracts

Formal. Step One: If for any reason the grievance is not resolved informally, the employee must, within five (5) workdays after receipt of the administrator's oral answer or twenty (20) workdays from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided in the negotiated agreement. The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays after receipt of the written grievance, with a copy to the Superintendent and the Association. Step Two: Unless the parties agree to adopt the report of the administrator, it may be submitted to the Superintendent or their designee within five (5) workdays of the Step One report. The Superintendent, or their designee, and the aggrieved employee, and their representative(s) shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matter. The Superintendent shall communicate their decision, in writing, to the aggrieved employee and the Association within five (5) workdays after the hearing. Step Three: Within ten (10) days after receiving the decision of the Superintendent, an appeal from the decision may be made to the Board. It shall be in writing and accompanied by a copy of the decision at Step Two. No later than twenty (20) workdays after receiving the appeal, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. Step Four: If the grievance is not resolved satisfactorily to the Association after consideration by the Superintendent in Step Two, or the Board in Step Three, the grievance may be submitted solely by the Association or the Board to arbitration if a request is made for arbitration within ten (10) workdays.

Appears in 4 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

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Formal. Step One: If If, for any reason reason, the grievance is not resolved informally, the employee must, within five (5) workdays after receipt of the administrator's oral answer or twenty (20) workdays from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided in the negotiated agreement. The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays after receipt of the written grievance, with a copy to the Superintendent and the Association. Step Two: Unless the parties agree to adopt the report of the administrator, it may be submitted to the Superintendent or their designee within five (5) workdays of the Step One report. The Superintendent, or their designee, and the aggrieved employee, and their representative(s) shall meet within a reasonable time, not to exceed five (5) workdays workdays, in an attempt to resolve the matter. The Superintendent shall communicate their decision, in writing, to the aggrieved employee and the Association within five (5) workdays after the hearing. Step Three: Within ten (10) days after receiving the decision of the Superintendent, an appeal from the decision may be made to the Board. It shall be in writing and accompanied by a copy of the decision at Step Two. No later than twenty (20) workdays after receiving the appeal, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. Step Four: If the grievance is not resolved satisfactorily to the Association after consideration by the Superintendent in Step Two, or the Board in Step Three, the grievance may be submitted solely by the Association or the Board to arbitration if a request is made for arbitration within ten (10) workdays.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

Formal. Step One: If for any reason the discussion (informal) does not resolve the grievance to the satisfaction of the member, such member shall have the right to lodge a written grievance with such member's building principal within five (5) days of the conclusion of the informal discussion(s). The written grievance shall be on a standard form supplied by the Board or the Association and shall contain a concise statement of the facts upon which the grievance is not resolved informallybased and a reference to the specific provision of the contract allegedly violated, misinterpreted, or misapplied. A copy of such grievance shall be filed with the Superintendent and the President of the Association. The member shall have a right to request a hearing before the building principal. Such a hearing shall be conducted within five (5) days after receipt of such request. The aggrieved member shall be advised in writing of the time, place, and date of such hearing and shall have the right to be represented at such hearing by counsel or by a representative of his/her employee mustorganization. The building principal shall take action on the written grievance within five (5) days after the receipt of said grievance, or, if a hearing is requested, within five (5) workdays days after receipt the conclusion of said hearing. The action taken and the reasons for the action shall be reduced to writing and copies sent to the member, the Superintendent, and the President of the administrator's oral answer or twenty (20) workdays from Association. Step Two: If the alleged violation, submit action taken by the building principal does not resolve the grievance to the administrator a signed written statement satisfaction of grievance on the official grievance form provided member, such member may appeal in the negotiated agreement. The statement of grievance shall name the employee involved, state the facts giving rise writing to the grievance, identify all the provisions of this Agreement alleged Superintendent. Failure to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than file such appeal within five (5) workdays days from receipt of the written memorandum of the principal's action on said grievance shall be deemed an acceptance of the principal's action. Upon request, a hearing shall be conducted by the Superintendent within five (5) days after the receipt of the request. The aggrieved member shall have the right to be represented at such hearing by counsel or by a representative of his/her member organization. The Superintendent shall take action on the written grievance within five (5) days after the receipt of said grievance, or, if a hearing is requested, within five (5) days after the conclusion of said hearing. The action taken and the reasons for the action shall be reduced to writing and copies sent to the member, the building principal, and the President of the Association. Step Three -- School Board: In the event the aggrieved member is not satisfied with the disposition of his/her grievance at Step Two, or in the event no decision has been rendered within five (5) days following the hearing with the Superintendent or his/her designee, he/she may file the grievance in writing with the President of the Association within three (3) days after the decision or lack of decision by the Superintendent or his/her designated representative. Within three (3) days after receipt of the written grievance, with a copy the President of the Association shall refer it to the Superintendent and the Association. Step Two: Unless the parties agree to adopt the report Treasurer of the administrator, it may be submitted to the Superintendent or their designee within five (5) workdays of the Step One reportBoard. The Superintendent, or their designee, and the aggrieved employee, and their representative(s) shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matter. The Superintendent shall communicate their decision, in writing, to the aggrieved employee and the Association within five (5) workdays after the hearing. Step Three: Within ten (10) days after receiving the decision receipt of the Superintendent, an appeal from the decision may be made to the Board. It shall be in writing and accompanied by a copy of the decision at Step Two. No later than twenty (20) workdays after receiving the appealwritten grievance, the Board shall hold either (1) meet with the aggrieved member with the objective of solving the grievance or (2) appoint a third party to hear the grievance on behalf of the Board. If a third party is to be utilized, such appointed individual shall not be an employee of the Board, shall have reasonable expertise in the processing of grievances and contract interpretation, shall follow the timelines as set forth in this section, and shall make recommendations to the Board that would be intended to resolve the grievance situation. The cost of such third party would be paid by the Board. The hearing shall be held in executive session at the request of either party. The Board will render its decision and reasons therefore in writing five (or may exercise 5) days following the option hearing. The action taken shall be sent to the member, the Superintendent, and the President of going directly to arbitration in the Association. Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. Step Four-- Arbitration: If the grievance grievant is not resolved satisfactorily to satisfied with the Association after consideration disposition of the grievance by the Superintendent in Step Two, or the Board in at Step Three, the grievant may request a hearing before an arbitrator by completing Grievance Report form, Step Four. The grievant's request for arbitration shall be made within five (5) days following the receipt of the disposition of the grievance may in Step Three. The grievant's request for arbitration shall be submitted solely by certified mail, with return receipt requested, to the Treasurer of the Board. Within five (5) days following receipt of the grievant's request for arbitration by the Association or Treasurer, the Board or its designated representative and the grievant or his/her representative shall mutually petition the Federal Mediation and Conciliation Service (FMCS) to arbitration provide an arbitrator in accordance with the rules and regulations of the Federal Mediation and Conciliation Service (FMCS). The arbitrator shall limit his/her decision to the application cited in the grievance. The arbitrator will render a decision as soon as possible after the hearing and such decision will be binding on the parties. The cost of the arbitrator and costs related to obtaining adequate facilities for the hearing, i.e., room rental and other equipment necessary for the holding of the hearing, shall be shared equally by grievant and the Board. Costs of transcripts of the hearing (if a request any) shall be paid by the requesting party or shared equally by the parties when such transcript is made for arbitration within ten (10) workdaysto be available to both the grievant and the Board.

Appears in 2 contracts

Samples: dam.assets.ohio.gov, serb.ohio.gov

Formal. Step One: If If, for any reason reason, the grievance is not resolved informally, the employee must, within five (5) workdays after receipt of the administrator's oral answer or twenty (20) workdays from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided in the negotiated agreement. The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the ofthe employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays after receipt of the written grievance, with a copy to the Superintendent and the Association. Step Two: Unless the parties agree to adopt the report of the administrator, it may be submitted to the Superintendent or their designee within five (5) workdays of the Step One report. The Superintendent, or their designee, and the aggrieved employee, and their representative(s) shall meet within a reasonable time, not to exceed five (5) workdays workdays, in an attempt to resolve the matter. The Superintendent shall communicate their decision, in writing, to the aggrieved employee and the Association within five (5) workdays after the hearing. Step Three: Within ten (10) days after receiving the decision of the Superintendent, an appeal from the decision may be made to the Board. It shall be in writing and accompanied by a copy of the decision at Step Two. No later than twenty (20) workdays after receiving the appeal, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. Step Four: If the grievance is not resolved satisfactorily to the Association after consideration by the Superintendent in Step Two, or the Board in Step Three, the grievance may be submitted solely by the Association or the Board to arbitration if a request is made for arbitration within ten (( 10) workdays.

Appears in 1 contract

Samples: Grievance Procedure

Formal. Step One: If for any reason the grievance is not resolved informally, the employee must, within five (5) workdays after receipt of the administrator's oral answer or twenty (20) workdays from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided in the negotiated agreement. The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays after receipt of the written grievance, with a copy to the Superintendent and the Association. Step Two: Unless the parties agree to adopt the report of the administrator, it may be submitted to the Superintendent or their his designee within five (5) workdays of the Step One report. The Superintendent, or their his designee, and the aggrieved employee, and their his representative(s) shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matter. The Superintendent shall communicate their his decision, in writing, to the aggrieved employee and the Association within five (5) workdays after the hearing. Step Three: Within ten (10) days after receiving the decision of the Superintendent, an appeal from the decision may be made to the Board. It shall be in writing and accompanied by a copy of the decision at Step Two. No later than twenty (20) workdays after receiving the appeal, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. Step Four: If the grievance is not resolved satisfactorily to the Association after consideration by the Superintendent in Step Two, or the Board in Step Three, the grievance may be submitted solely by the Association or the Board to arbitration if a request is made for arbitration within ten (10) workdays. Arbitration A request for an arbitrator will be made to the American Arbitration Association within ten (10) workdays. The parties shall select an arbitrator from A.A.A. in accordance with its rules, and whose rules shall likewise govern the arbitration proceedings.

Appears in 1 contract

Samples: Negotiated Agreement

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Formal. Step One: a) If for any reason the grievance Occasional Teacher is not resolved informallysatisfied with the decision regarding the complaint then the Occasional Teacher may within ten days take the matter up as a grievance in the following manner and sequence: The Occasional Teacher may initiate a written grievance through the Local with the Superintendent of Human Resources, Teaching Staff Services. The Superintendent of Human Resources, Teaching Staff Services may convene a meeting with the employee must, grieving Occasional Teacher and Local representatives and such others as required within five (5) workdays after ten working days of receipt of the administrator's oral answer or twenty (20) workdays from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided in the negotiated agreementgrievance. The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays after receipt of the written grievance, with a copy to the Superintendent and the Association. Step Two: Unless the parties agree to adopt the report of the administrator, it may be submitted to the Superintendent or their designee within five (5) workdays of the Step One report. The Superintendent, or their designee, and the aggrieved employee, and their representative(s) shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matter. The Superintendent shall communicate their decision, in writing, to the aggrieved employee Occasional Teacher and the Association Local, shall be rendered within five (5) workdays after days following the hearingmeeting. The grievance shall contain: a description of how the alleged dispute is in violation of the Agreement; a statement of the facts to support such grievance including the specific violated; the remedy sought; and the signature of the Occasional Teacher or Occasional Teachers concerned, and the President of the Local. Notwithstanding the above and where the Local and Board agree that it is appropriate, a grievance may proceed directly to Step Three: Within ten or Step Step If the reply of the Superintendent of Human Resources, Teaching Staff Services or designate is not acceptable to the Local, a written request will be made within five (105) days after receiving the decision of the Superintendent, an appeal from the decision may be made to the Board's Grievance Committee through the Director of Human Resources, Negotiations Support Staff Services. It The Board's Grievance Committee shall meet within twelve (12) days to deal with the grievance. The Occasional Teacher, representatives of the Local and such other persons as may be required, may be in writing and accompanied by a copy of the decision at Step Twoattendance. No later than twenty (20) workdays after receiving the appealThe decision, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association Occasional Teacher and Local shall be rendered within five (5) days following the aggrieved employeemeeting. The will attend the Step Four: grievance meeting. If the grievance reply of the Board's Grievance Committee is not resolved satisfactorily to the Association after consideration by the Superintendent in Step Two, or the Board in Step Threeunacceptable, the grievance Local may be submitted solely by then apply for Arbitration within fifteen (15) days of the Association or receipt of the Board to arbitration if a request is made for arbitration within ten (10) workdaysreply.

Appears in 1 contract

Samples: Collective Agreement

Formal. Step One: If for any reason the grievance is not resolved informally, the employee must, within five (5) workdays after receipt of the administrator's oral answer or twenty (20) workdays from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided in the negotiated agreement. The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays after receipt of the written grievance, with a copy to the Superintendent and the Association. Step Two: Unless the parties agree to adopt the report of the administrator, it may be submitted to the Superintendent or their designee within five (5) workdays of the Step One report. The Superintendent, or their designee, and the aggrieved employee, and their representative(s) shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matter. The Superintendent shall communicate their decision, in writing, to the aggrieved employee and the Association within five (5) workdays after the hearing. Step Three: Within ten (10) days after receiving the decision of the Superintendent, an appeal from the decision may be made to the Board. It shall be in writing and accompanied by a copy of the decision at Step Two. No later than twenty (20) workdays after receiving the appeal, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. Step Four: If the grievance is not resolved satisfactorily to the Association after consideration by the Superintendent in Step Two, or the Board in Step Three, the grievance may be submitted solely by the Association or the Board to arbitration if a request is made for arbitration within ten (10) workdays. Arbitration A request for an arbitrator will be made to the American Arbitration Association within ten (10) workdays. The parties shall select an arbitrator from A.A.A. in accordance with its rules, and whose rules shall likewise govern the arbitration proceedings.

Appears in 1 contract

Samples: Negotiated Agreement

Formal. Step One: If for any reason the grievance is not resolved informally, the employee must, within five One -Within ten (510) workdays after receipt work days of the administrator's oral answer act or twenty (20) workdays from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided in the negotiated agreement. The statement of grievance shall name the employee involved, state the facts condition giving rise to the grievance, identify all the provisions of this Agreement alleged grievant shall present the grievance on the Grievance Form to have been violated by appropriate reference, state the contention of the employee with respect his/her supervisor who will arrange for a meeting to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays after receipt of the written grievance, with a copy to the Superintendent and the Association. Step Two: Unless the parties agree to adopt the report of the administrator, it may be submitted to the Superintendent or their designee take place within five (5) workdays of the Step One report. The Superintendentdays after its receipt, or their designee, and the aggrieved employee, and their representative(s) shall meet within a reasonable time, not A written disposition is to exceed five (5) workdays in an attempt to resolve the matter. The Superintendent shall communicate their decision, in writing, be given to the aggrieved employee and the Association grievant within five (5) workdays work days after the hearingmeeting . Step Three: Within ten Two -If the action taken at Step One does not resolve the grievance to the satisfaction of the grievant, the case may be reviewed by the OAPSE Local #533 Grievance Committee-and grievant. If the need for further action is determined by the grievant or the OAPSE Local #533 Grievance Committee, it shall be the responsibility of the representative of OAPSE Local #533 or the grievant to submit the proper forms to the Superintendent of Schools within five (105) work days of the receipt of the supervisor's written disposition. The Superintendent shall arrange a meeting with the grievant within five (5) work days after receiving the decision receipt of the grievance form. If the Superintendent is out of town when the grievance form is received, the meeting shall take place as soon as possible but not later than three (3) work days after the return of the Superintendent. He/she shall send notices of the meeting to the OAPSE Local #533 President and the grievant. The Superintendent may arrange for other individuals to be present at the meeting. At the conclusion of the meeting, an appeal the Superintendent has five (5) work days to present his/her written disposition to the grievant and a copy to the OAPSE Local #533 President. Step Three -If the Union is not satisfied with the disposition of the grievance by the Superintendent, the grievance shall be referred to mediation (FMCS). Such mediator shall have no power to alter, add to, or subtract from the provisions of this agreement, and his/her decision may shall be made known to the Board. It shall be in writing and accompanied by a copy of the decision at Step Two. No later than twenty (20) workdays after receiving the appeal, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meetingparties. All those listed in Step One shall have a right parties to participate in this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. Step Four: If the grievance is not resolved satisfactorily to the Association after consideration by the Superintendent in Step Two, or the Board in Step Three, the grievance may be submitted solely represented at any hearing conducted by the Association mediator. In any mediation proceeding where a question concerning the mediator's jurisdiction over the grievance is raised, the mediator shall make a separate decision on the question of his/her jurisdiction. In his/her decision, the mediator shall first rule upon the jurisdictional issues and, if he/she determines that he/she has no jurisdiction, he/she shall make no decision or recommendation concerning the Board merits of the grievance. Nothing contained herein shall prohibit the mediator from taking all evidence of the jurisdictional issues and the merits of the grievance in a single hearing. Step Four - Union is not satisfied with the disposition of the grievance by the mediator, the grievance shall be referred to arbitration (FMCS). Either party may request a list of seven (7) arbitrators, then mutually exclude each arbitrator listed until they are left with only one arbitrator. Such arbitrator shall have no power to alter, add to, or subtract from the provisions of this agreement, and his/her decision shall be made known to the parties. All parties to the grievance may be represented at any hearing conducted by the arbitrator. In any arbitration proceeding where a question concerning the arbitrator's jurisdiction over the grievance is raised, the arbitrator shall make a separate decision on the question of his/her jurisdiction. In his/her decision, the arbitrator shall first rule upon the jurisdictional issues and, if he/she determines that he/she has no jurisdiction, he/she shall make no decision or recommendation concerning the merits of the grievance. Nothing contained herein shall prohibit the arbitrator from taking all evidence of the jurisdictional issues and the merits of the grievance in a request is made for arbitration within ten (10) workdayssingle hearing. The cost shall be split between both parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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