Sale Process If a Non-Economic Facility is marketed for sale in accordance with Section 5.02 and Manager receives an offer therefor which it wishes to accept on behalf of the relevant TRS and Owner, Manager shall give the relevant TRS prompt notice thereof, which notice shall include a copy of the offer and any other information reasonably requested by such TRS. If the relevant TRS, on behalf of the relevant Owner, shall fail to accept or reject such offer within seven (7) Business Days after receipt of such notice and other information from Manager, such offer shall be deemed to be accepted. If the offer is rejected by the relevant TRS on behalf of the relevant Owner, and if Manager elects to continue marketing the Non-Economic Facility by providing written notice to the relevant TRS within seven (7) days of such rejection and Manager does not obtain another offer within ninety (90) days that is accepted by the relevant TRS, the Non-Economic Facility shall be deemed to have been sold to the relevant TRS on the date, at the price and on such other terms contained in the offer. If a Non-Economic Facility is sold to a third party or deemed to have been sold to the relevant Owner pursuant to such offer, effective as of the date of sale or deemed sale: (i) the Management Agreement shall terminate with respect to such Non-Economic Facility; (ii) Aggregate Invested Capital shall be reduced by an amount equal to the net proceeds of sale after reduction for the costs and expenses of the relevant TRS, the relevant Owner and/or Manager (or, in the case of a deemed sale, the net proceeds of sale determined by reference to such offer, after reduction for any amounts actually expended and any amounts which would reasonably have been expected to have been expended if the sale had been consummated by the relevant TRS, the relevant Owner and/or Manager). If the reduction in Aggregate Invested Capital is less than the Invested Capital of the Non-Economic Facility sold or deemed to have been sold, the difference shall be proportionately reallocated to the Invested Capital of the remaining Facilities.
Consultative Process This Agreement recognises a commitment of the parties to develop working arrangements which will bring success to the operations of the Company through the ability to implement flexible work arrangements to meet the requirements of customers and the personal, study or family commitments of employees.
Due Process 1. No certificated employee shall be disciplined without just cause.
2. The specific grounds forming the basis for official disciplinary action shall be made available to the employee in writing. If an employee is requested to give information which the District understands may lead to disciplinary action against that employee, the District shall advise the employee of the right to representation. If a request for representation is made, the interview shall not take place for a reasonable period of time to allow for the representative’s attendance.
3. Any complaint against an employee by a parent, student, or other person, which if proven true would provide the basis for discipline, shall be called to the attention of the employee within ten (10) days of receipt. Any complaint not called to the attention of the employee within ten (10) days of receipt may not be used as a basis for disciplinary action against the employee.
4. The District agrees to follow a policy of progressive discipline which generally includes verbal warning and written reprimand provided, however, that any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates said action.
(a) A verbal warning is an official verbal notification of employee misconduct. The warning should include the reason(s) for the warning and notice that future misconduct could result in more severe disciplinary action. Documentation of the verbal warning may be noted in the administrator’s working file.
(b) A written reprimand is an official written notification of employee misconduct. A written reprimand should include the reasons for the reprimand and notice that future misconduct could result in more severe disciplinary action.
(c) Any suspension of a teacher pending charges shall be with pay until official action by the Board of Directors.
5. Subject to the other provisions of this Agreement, any non-provisional employee receiving notification of non-renewal of contract, discharge, or adverse effect may elect to have the matter heard by either a hearing officer in accordance with RCW 28A.405.310 or an arbitrator in accordance with the grievance procedure.
Acceptance Process All deliverables must be received and accepted in writing by Department’s Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee’s expense. If Department’s Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected.
Formal Process The Formal Process is a process in which an Employee requests a formal hearing and a panel is convened to gather evidence and make a decision regarding the Employee’s concern. If an Employee is unable to get his concern resolved through the Informal Process, he may request a Formal Hearing by filing an Issue Resolution Form within three (3) business days following completion of the Informal Process. Employees may seek the assistance of a FC member or the Employee Advocate to assist in the preparation of an Issue Resolution Form. A FC facilitator shall, on a rotating basis, facilitate but shall be a non-voting participant in any Formal Hearings that may arise following the submission of an Issue Resolution Form. The FC facilitator will contact the Employee within two (2) business days of receiving the Issue Resolution Form. The Employee will select, at random, five (5) FC members to sit on the Formal Hearing Panel. The Hearing Panel will consist of three (3) bargaining unit FC members and two (2) management FC members. The Employee will randomly select four (4) bargaining unit FC member names and discard one such name of his or her choosing, and randomly select three (3) management FC names and discard one such name of his or her choosing for the Hearing Panel. The panel will convene within 10 business days of receiving the Issue Resolution Form. The panel will collect evidence and fully review all details of the Employee’s concern in order to reach a final decision about whether the Agreement and the Employees’ Charter have been fairly applied to the Employee. Employees may be assisted in the Formal Process, including the Formal Hearing, by the Employee Advocate, if they so choose. The Employee Advocate’s role in the Formal Process shall be to:
Informal Process The Informal Process provides an Employee with the opportunity to resolve his or her concern by using the open door process, with the assistance of a FC member, within 30 calendar days of the date the Employee became aware of the issue. While an Employee may speak with anyone in the open door process regarding a concern or problem, the Employee is encouraged to take this concern up with his immediate supervisor or may request the assistance of the Employee Advocate or a FC member to facilitate resolution of the issue.
Grievance Process (a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) working days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitrator.
(b) Grievance Mediation shall be scheduled within twenty (20) working days of the grievance being submitted to mediation, or longer period as agreed by the parties.
(c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure.
(d) The parties shall agree on a mediator.
(e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party, unless otherwise mutually agreed.
(f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference.
(g) The Mediator will have the authority to meet separately with either party.
(h) If no settlement is reached within five (5) working days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator, unless otherwise mutually agreed. Nothing said or done by the mediator may be referred to Arbitration.
(i) The Union and Employer will share the cost of the Mediator, if any.
Complaints Process The School shall establish and adhere to a process for resolving public complaints which shall include an opportunity for complainants to be heard. The final administrative appeal shall be heard by the School's Governing Board, except where the complaint pertains to a possible violation of any law or term under this Contract. The complaints process shall be readily accessible from the School’s website, as described in Section 11.4.1.
Approval Process Tenant shall notify Landlord whether it approves of the submitted working drawings within three business days after Landlord’s submission thereof. If Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days after such notice, revise such working drawings in accordance with Tenant’s objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one business day after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three business days (or, in the case of resubmitted working drawings, within one business day) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.
CENTRAL GRIEVANCE PROCESS The following process pertains exclusively to grievances on central matters that have been referred to the central process. In accordance with the School Boards Collective Bargaining Act central matters may also be grieved locally, in which case local grievance processes will apply.