Common use of General Procedures Clause in Contracts

General Procedures. 1. The Association shall select and certify to the Superintendent a grievance representative in each building. 2. At all levels of the grievance procedure, the aggrieved person shall have the right to be represented by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalf. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step of the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 6 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

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General Procedures. A. The aggrieved must be present at Step 1 and may be present at all others. In processing the grievance, the grievant may: 1. The Association shall select and certify to the Superintendent a Represent themselves as described in Step 1 of this grievance representative in each building.procedure; or 2. At all levels Be represented by their union at the union’s expense. B. The number of days indicated at each level should be considered maximum, and every effort should be made to expedite the grievance procedure, the aggrieved person shall have the right process. C. It may at times become necessary to extend time limits. These extensions are to be represented kept to a minimum and must be mutually consented to in writing by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalfparties involved. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. D. Failure at any step Step of the grievance this procedure to communicate the decision in writing to the aggrieved person on a grievance within the specified time limit limits shall permit the aggrieved person grievant to proceed to the next stepStep. Failure at any step Step of the grievance this procedure to appeal a grievance decision to the next step Step within the specified time limit limits shall be deemed to be acceptance of the decision rendered at that step; providedStep. E. The Board and its administrators shall cooperate with the grievant in the investigations of any grievance, however, that and further will furnish the grievant or their representative with such time limit necessary and readily available information as requested for the processing of any grievance. The ATU shall be extended for a period not to exceed ten (10) days upon the written request pay any reasonable and necessary costs of the aggrieved personDistrict in compiling and providing this information. 5. Forms for processing grievances F. Except as otherwise provided by law, an employee shall be jointly prepared by the Superintendent invoke and the Association, subject to approval by the Board. 6. Conferences and hearings under exhaust the grievance procedure remedies before resorting to any other legal or administrative remedies for the conduct complained of, and failure to do so shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnessespreclude resort to such other remedies. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member G. A representative of the bargaining unit from discussing, informally, with any member ATU may be present at all Steps of the Administration, any matter, including an alleged violation, misinterpretation or misapplication procedure. The ATU will be notified promptly of the terms of the final decision or settlement of any written grievance filed and may itself file a grievance based on an alleged inconsistency thereof with this agreementAgreement within five (5) days from receipt of such notice. 8. When the aggrieved person is H. The District shall continue to provide for employees covered by this Agreement a separate grievance procedure with respect to issues arising solely under policies and regulations, which are not a member of the Association, the Association shall have the right to have a representative presentcovered by this Agreement. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

General Procedures. 19.2.1 The number of days for the processing of grievances indicated at each level should be considered as a maximum. The Association shall select and certify to However, the Superintendent a grievance representative in each buildingtime limits specified may be extended or limited by written mutual consent. 2. At all levels 9.2.2 Nothing contained herein will be construed as limiting the right of a grievant to discuss the matter informally with any appropriate member of the administration and having the grievance adjusted, provided the adjustment is consistent with the terms of the Agreement in existence between the Board and the Association. 9.2.3 A grievant may be represented at any level of the grievance procedureprocedure by a representative of his/her choosing consistent with the terms and provisions of this Agreement. Beyond Level One in the Grievance Procedure the grievant may present depositions of relevant material that would assist in the equitable resolution of the perceived disagreement, controversy, and/or complaint involving a perceived violation or inequitable application of the terms of this Agreement. 9.2.4 A grievance initiated by a grievant at a time other than during the regular school year shall commence at Level Two, provided the principal or immediate supervisor is not readily available. 9.2.5 No grievance shall be recognized by the Board or the Association unless it shall have been presented at the appropriate level within twenty (20) days after the grievant knew of the act or condition on which the grievance is based; and, if not so presented, the aggrieved person grievance shall have the right to be represented by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalfconsidered as waived. 3. An aggrieved person 9.2.6 A grievant may withdraw from the a grievance procedure at any time by notifying in writing the Board's and Association's representatives at the Association level at which the grievance is being heard. Any such grievance that is withdrawn shall be considered waived. 9.2.7 If a grievance affects more than one negotiating unit member at more than one (1) school, the grievant, through their designated representative, may withdraw its representation submit such grievance in writing to the Superintendent, or his/her designee. The processing of an aggrieved person such grievances shall commence at Level Two. 9.2.8 When it is necessary at any timelevel beyond Level One for a grievant and his/her designated representatives to attend a meeting or a hearing called by the Superintendent, or his/her designee, during the school day, the Superintendent, or his/her designee, shall so notify the principal or immediate supervisor of such teachers and they shall be released without loss of pay for such time as their attendance is required at such meeting or hearing. 4. 9.2.9 Failure at any step of the grievance this procedure to communicate the decision in writing of a grievance within the specified time limits to the aggrieved person within the specified time limit shall permit the aggrieved person grievant to proceed to the next step. level. 9.2.10 Failure by the grievant at any step level of the grievance this procedure to appeal a the grievance to the next step level within the specified time limit limits shall be deemed to be acceptance of the decision rendered given at that step; provided, however, that such time limit level. 9.2.11 A grievance shall be extended submitted in written form and shall include: date of occurrence, article violated, statement of occurrence, and resolution requested. 9.2.12 When a grievant elects to pursue a legal or statutory remedy for a period not to exceed ten (10) days upon any alleged grievance, such an election will bar any further subsequent proceedings for relief under the written request provisions of the aggrieved personAgreement. 5. Forms for processing grievances 9.2.13 All meetings and hearings conducted under the provisions of this Grievance Procedure through Level Three shall be jointly prepared by in private and are limited to the Superintendent grievant and the Association, subject to approval by the Board. 6. Conferences administrator of interest and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnessesheretofore provided in this Agreement. 7. Nothing contained in this agreement shall be interpreted so as 9.2.14 Recognizing the need to prevent a member of the bargaining unit from discussing, informally, deal with any member of the Administration, any matter, including an alleged violation, misinterpretation perceived violations or misapplication inequitable applications of the terms of this agreementAgreement, the Board will endeavor to act directly and fairly with any teacher/teachers filing a grievance consistent with the terms and conditions of the Agreement. Hearings conducted at Level Four shall be conducted in open session. Participation shall be limited to the parties of interest and their representative. 8. When 9.2.15 A Grievance File shall be maintained by the aggrieved person is not a member administration to contain all records regarding the processing of grievances filed by the teachers of the Association, the Association shall have the right to have a representative presentdistrict. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 4 contracts

Samples: Negotiations Agreement, Negotiations Agreement, Negotiations Agreement

General Procedures. 1. These procedures should be processed as rapidly as possible; the number of days indicated for settlement or appeal at each level should be considered a maximum. The Association shall select and certify to time limits can be extended by written mutual consent of the Superintendent a grievance representative in each buildingparties involved at any level of the procedures. 2. At all levels The aggrieved party should attempt to complete the procedures by the end of the grievance procedure, school year. The parties shall make every effort to shorten the aggrieved person shall have number of day provided at the right various steps in order to be represented finish by a duly certified representative the end of the Association and/or legal counsel school year and shall have avoid, if possible, carrying the right to call witness(es) to testify on his process into the summer vacation period or her behalfthe following school year. 3. An aggrieved person may withdraw from All parties in interest have a right to a consultant at the formal stages of this grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any timeprocedure. 4. Failure at There shall be no restraint, interference, discrimination, or reprisal exerted on any step employee for the use of the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next stepthese procedures for resolution of grievances. 5. Failure at any step level of this procedure by the grievance procedure aggrieved to appeal a grievance to the next step level within the specified time limit limits shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request level. Failure at any level of the procedure to communicate the decision in writing on a grievance within the specified time limits shall permit the aggrieved personto proceed to the next level. 56. All documents, communications, and records of a grievance will be filed in the school district office separately from the personnel files. 7. Forms for processing grievances shall be jointly prepared by the Superintendent superintendent or his/her designated representative in cooperation with the Association and will be printed and given appropriate distribution by the parties so as to facilitate operation of the grievance procedures. 8. All parties in interest will process grievances after the regular workday or at other times, which do not interfere with the assigned duties. 9. Every effort will be made by all parties to avoid interruption of classroom and/or any other school-sponsored activities. 10. Every effort will be made by all parties to avoid the unnecessary involvement of students in the grievance procedure. 11. Each grievance shall have to be initiated within fifteen (15) days after the occurrence of the cause for the complaint; however, if the aggrieved did not become aware of the occurrence until a later date, then he/she must initiate action within fifteen (15) days following his/her first knowledge of the cause; in failing to thus initiate action, he/she may be considered to have no reasonable grievance. 12. Each party shall pay any and all costs incurred by said party. Arbitration costs shall be shared equally by both parties. 13. The grievance procedure will not be used while an aggrieved is under the jurisdiction of the courts or has resorted to the judicial or administrative process. 14. Hearings and meetings will be established by mutual agreement of the parties of interest. 15. Available information necessary to the determination and processing of any grievance shall be furnished upon specific written request to all parties of interest. 16. A grievance may be withdrawn at any level by mutual agreement of the Grievant and the Board without establishing a precedent. 17. Any teacher may at any time present verbal grievance without the intervention of the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall have his/her requests honored if it is not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, inconsistent with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreementMaster Agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Collective Bargaining Agreement

General Procedures. 1. The Association shall select and certify to number of days for the Superintendent processing of grievances indicated at each level should be considered as a grievance representative in each buildingmaximum. The time limits specified may, however, be extended or limited by written mutual consent. 2. At all levels Nothing herein contained will be construed as limiting the right of an aggrieved person to discuss the matter informally with any appropriate and authorized member of the administration of the District and have the grievance procedure, adjusted. 3. No grievance shall be considered or processed unless it shall have been presented at the appropriate level within ten (10) days after the aggrieved person shall knew, or should have the right to be represented by a duly certified representative known, of the Association and/or legal counsel and act or condition on which the grievance is based; and, if not so presented, the grievance shall have the right to call witness(es) to testify on his or her behalfbe considered forever waived. 34. An aggrieved person may withdraw from the a grievance procedure at any time by notifying, in writing, the Superintendent of Schools and the Association Union. Any such grievance that is withdrawn shall be considered forever waived. 5. If a grievance affects more than one support employee at more than one site, the aggrieved persons may withdraw its representation submit such grievance in writing to the Superintendent, or his designee, and the processing of such grievances shall be commenced at Level Two. 6. When it is necessary at any level beyond Level One for an aggrieved person to attend a meeting or a hearing called by the Superintendent or his/her designee during the school day, the Superintendent or his/her designee, shall so notify the principal or immediate supervisor of such persons and they shall be released without loss of pay for such time as their attendance is required at any timesuch meeting or hearing. 47. Failure Any aggrieved person or party in interest who is adversely affected by a disposition of a grievance, may, within the time limits provided for herein, appeal to the next level. 8. Failure, at any step of the grievance procedure this Procedure, to communicate the decision in writing of a grievance within the specified time limits to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next steplevel. 9. Failure by an aggrieved person or a party in interest at any step level of the grievance procedure this Procedure to appeal a the grievance to the next step level within the specified time limit limits shall be deemed to be acceptance of the decision rendered given at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salarylevel. 10. In the event that the Association All necessary forms and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by documents for the filing of written grievance with grievances, making reports, and appeals regarding the Superintendentalleged grievances, shall be approved by the Union and provided to the support employee upon his/her request to the Director of Support Talent and will be posted on the School District's website. 11. In Prior to initiating a civil action in any court, an aggrieved person or party in interest must exhaust all remedies provided by this Procedure. 12. All meetings and hearings conducted under the event that both provisions of this Grievance Procedure (except as to Level Three before the Board of Education) shall be in private and are limited to the parties agree that no resolution in interest. 13. A grievance file shall be maintained by the administration to contain all records regarding the processing of grievances filed by support personnel of the District. No grievance documents shall be filed in the support employee's personnel file. 14. At any level of the grievance process, the employee may be represented by any person who is forthnot an on-comingduty employee of the District. 15. An aggrieved person may be represented by an authorized Union Representative or a representative of a statewide professional educators association when requested by the employee. 16. Any aggrieved person who desires Union representation must make such request to the Union within one (1) day of filing the grievance at Level Two of the Grievance Procedure. Failure to notify the Union, both parties may agree to move grievances to in a level where a resolution can be readily reachedtimely way, shall relieve the Union of all responsibility for representation of the aggrieved party during any stage of the Grievance Procedure.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

General Procedures. 1. The Association shall select and certify purpose of these procedures is to secure, at the lowest level administrator having authority to resolve the grievance, equitable solutions to the Superintendent a grievance representative in each buildinggrievances. All parties agree that grievances will be processed as expeditiously as possible. 2. At all levels of Written requests by the grievant should state the grievance procedure, the aggrieved person shall have the right to be represented by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalfdesired resolution. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step of the grievance this procedure to communicate the decision in writing to the aggrieved person on a grievance within the specified time limit limits shall permit the aggrieved person grievant to proceed to the next step. Failure at any step of the grievance this procedure to appeal a grievance to the next step within the specified time limit limits shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall . 4. Copies should be extended made of each request for a period not hearing and of each decision and should be sent to exceed ten (10) days upon the written request of the aggrieved personfollowing: a. The Superintendent; b. The supervisor involved; c. The grievant; d. The LTA grievance committee chairperson; and e. The LTA president. 5. Forms for processing grievances shall be jointly prepared by The LTA may designate one (1) member as its grievance committee representative. He/she may attend any meetings, hearings, etc., involved in the Superintendent and the Association, subject to approval by the Boardstep. 6. Conferences and hearings under Any party in interest may be represented at all stages of the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnessesa person of his/her own choosing. 7. Nothing contained The Board and the administration will cooperate with the Association in this agreement shall be interpreted so its investigation of any grievance, and will furnish the Association with such information as to prevent a member is requested for the processing of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreementgrievance. 8. When the aggrieved person is not a member Four (4) days prior to any hearing, written notice of the Associationtime and place will be given to the grievant, his/her legal counsel, if any, grievance committee representative, and any administrator who has previously been involved in the Association shall have the right to have a representative presentgrievance. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses The time limits provided in this Article shall be permitted to attend such conferences or hearings and no salary deduction shall strictly observed but may be made in consequence extended by written agreement of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10parties. In the event that a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board and the Association and shall use its best efforts to process such grievance prior to the Superintendent shall agree that a grievance affects a group end of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendentschool term or as soon thereafter as possible. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 3 contracts

Samples: Master Contract, Master Contract, Master Contract

General Procedures. 1The following general grievance procedures shall be followed when processing a grievance under this Article: A. Grievances of like nature may be consolidated at an appropriate level of this grievance procedure. B. The number of days indicated at each level should be considered as a maximum, and every effort should be made to expedite the process. Failure by the Association or the Grievant to take action within any time limit specified in this Article shall cause the grievance to automatically be waived, forfeited, and dropped, and the grievance shall thereafter not be subject to the grievance procedures set forth in this Article. The Association time limits specified may, however, be extended by mutual agreement in writing. If any time limit specified in this Article extends into Spring Break, Winter Break, or Summer Break, when the grievant is not assigned to work, any applicable time limitation in this Article shall select and certify be automatically extended by ten (10) business days. Failure of the District or its representatives to take action within the time limits specified shall result in the matter being automatically passed to the Superintendent a grievance representative in each building. 2. At all levels next step of the grievance procedure. C. All documents, communications, and records specifically dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants. D. Time spent by employees, whether Grievant or Representative, in the processing of grievances, shall be, to the degree possible, at times when such employees are free from assigned duties. E. All meetings and/or hearings under this procedure shall be conducted in private and should normally include only the witnesses and parties referred to herein. F. Should any District administrator or supervisor referred to herein be unavailable to perform the specific functions under this Article, the aggrieved person Superintendent or Board may designate a substitute to perform those functions and shall have the right to be represented by a duly certified representative of notify the Association and/or legal counsel and of such change. Such designation shall be made within the time limit within which the unavailable administrator or supervisor was to have the right to call witness(es) to testify on his or her behalftaken action under this Article. 3. An aggrieved person may withdraw from G. No reprisal of any kind shall be taken by the Board, the Administration, the Association, any employee, or participant/witness against any Grievant or other participant in the grievance procedure procedure. H. If the Grievant or the Association at any time and during the Association proceedings set forth herein, files for relief and/or a remedy through any other legitimate forum including the courts, local, state, or federal agency, for a redress of the same or substantially similar questions of fact, the grievance procedures may withdraw its representation be suspended by the District, pending resolution of an aggrieved person at any timesuch issues by the chosen forum. 4I. The Grievant may be accompanied, if desired, by an Association representative. Failure at any step The accompanying individual may assist the Grievant in the presentation of the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved persongrievance. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

General Procedures. A. The aggrieved must be present at Step 1 and may be present at all others. In processing the grievance, the grievant may: 1. The Association shall select and certify to the Superintendent a Represent himself/herself as described in Step 1 of this grievance representative in each building.procedure, or 2. At all levels Be represented by his/her union at the union’s expense. B. The number of days indicated at each level should be considered maximum, and every effort should be made to expedite the grievance procedure, the aggrieved person shall have the right process. C. It may at times become necessary to extend time limits. These extensions are to be represented kept to a minimum and must be mutually consented to in writing by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalfparties involved. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. D. Failure at any step of the grievance this procedure to communicate the decision in writing to the aggrieved person on a grievance within the specified time limit limits shall permit the aggrieved person grievant to proceed to the next step. Failure at any step of the grievance this procedure to appeal a grievance decision to the next step within the specified time limit limits shall be deemed to be acceptance of the decision rendered at that step; provided. E. The Board and its administrators shall cooperate with the grievant in the investigations of any grievance, however, that and further will furnish the grievant or his/her representative with such time limit necessary and readily available information as requested for the processing of any grievance. The ATU shall be extended for a period not to exceed ten (10) days upon the written request pay any reasonable and necessary costs of the aggrieved personDistrict in compiling and providing this information. 5. Forms for processing grievances F. Except as otherwise provided by law, an employee shall be jointly prepared by the Superintendent invoke and the Association, subject to approval by the Board. 6. Conferences and hearings under exhaust the grievance procedure remedies before resorting to any other legal or administrative remedies for the conduct complained of, and failure to do so shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnessespreclude resort to such other remedies. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member G. A representative of the bargaining unit from discussing, informally, with any member ATU may be present at all steps of the Administration, any matter, including an alleged violation, misinterpretation or misapplication procedure. The ATU will be notified promptly of the terms of the final decision or settlement of any written grievance filed and may itself file a grievance based on an alleged inconsistency thereof with this agreementAgreement within five (5) days from receipt of such notice. 8. When the aggrieved person is H. The District shall continue to provide for employees covered by this Agreement a separate grievance procedure with respect to issues arising solely under policies and regulations, which are not a member of the Association, the Association shall have the right to have a representative presentcovered by this Agreement. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

General Procedures. 1. The Association shall select A. In the event a grievance is filed at such time that it cannot be processed through all the steps in the Grievance Procedure by the end of the school year, and certify if left unresolved until the beginning of the following school year could result in irreparable harm to the Superintendent party of interest, the time limits set forth, herein, will be reduced by mutual agreement of the Board and the grievant so that the procedure may be exhausted prior to the end of the school year. B. Any member of the Association who is directly involved in a grievance representative in each building. 2shall not serve on any Association committee charged with processing the grievance. At all levels of the grievance procedureIn such cases, the aggrieved person Association shall have the right to substitute a different representative for the one originally designated as its representative for a particular school, provided such substitution is made in writing to all parties in interest. C. Nothing herein contained will be represented by construed as limiting the right of any Professional Educator having a duly certified representative grievance to discuss the matter informally and confidentially with any appropriate member of the administration, and having the grievance adjusted without intervention of the Association and/or legal counsel and shall have provided the right to call witness(es) to testify on his or her behalfadjustment is not inconsistent with the negotiated agreement. 3X. Xxxxxxxx held under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. An aggrieved person may withdraw from Such hearings shall be conducted during non-school hours, unless there is mutual agreement for other arrangements. E. No Professional Educator shall be discriminated against by the Board of Education, Superintendent, or any other administrative officer of the district or by the professional organization because of his/her exercise or non-exercise of rights under this grievance procedure. F. If a Professional Educator elects to pursue any legal or statutory remedy for any grievance, such pursuit is allowed only after all appeals within the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any timeare exhausted. 4. G. Failure at any step level of the grievance this procedure to communicate the decision in writing to the aggrieved person on a grievance within the specified time limit shall permit the aggrieved person grievant to proceed to lodge an appeal at the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms level of this agreementprocedure. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

General Procedures. A. The aggrieved must be present at Step 1 and may be present at all others. In processing the grievance, the grievant may: 1. The Association shall select and certify to the Superintendent a Represent himself/herself as described in Step 1 of this grievance representative in each building.procedure, or 2. At all levels Be represented by his/her union at the union’s expense. B. The number of days indicated at each level should be considered maximum, and every effort should be made to expedite the grievance procedure, the aggrieved person shall have the right process. C. It may at times become necessary to extend time limits. These extensions are to be represented kept to a minimum and must be mutually consented to in writing by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalfparties involved. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. D. Failure at any step of the grievance this procedure to communicate the decision in writing to the aggrieved person on a grievance within the specified time limit limits shall permit the aggrieved person grievant to proceed to the next step. Failure at any step of the grievance this procedure to appeal a grievance decision to the next step within the specified time limit limits shall be deemed to be acceptance of the decision rendered at that step; provided. E. The Board and its administrators shall cooperate with the grievant in the investigations of any grievance, howeverand further will furnish the grievant or his/her representative with such necessary and readily available information as requested for the processing of any grievance. F. Except as otherwise provided by law, that an employee shall invoke and exhaust the grievance procedure remedies before resorting to any other legal or administrative remedies for the conduct complained of, and failure to do so shall preclude resort to such time limit shall other remedies. G. A representative of the DCU may be extended for present at all steps of the procedure. The DCU will be notified promptly of the terms of the final decision or settlement of any written grievance filed and may itself file a period not to exceed grievance based on an alleged inconsistency thereof with this Agreement within ten (10) days upon the written request from receipt of the aggrieved personsuch notice. 5. Forms H. The District shall continue to provide for processing grievances shall be jointly prepared employees covered by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the this Agreement a separate grievance procedure shall with respect to issues arising solely under policies and regulations, which are not be conducted in public and shall be attended only covered by parties in interest, their designated representative and necessary witnessesthis Agreement. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

General Procedures. 10.3.1 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level is considered a maximum, and every effort should be made to expedite the process. However, extension(s) of time lines may be requested by either the district or the Association. Agreement by the Association and the district must be reached for a new time line to be in full force and effect. 10.3.2 In the event a grievance is not resolved prior to June 1. The Association shall select and certify , which, if left unresolved until the beginning of the following school year, could result in substantial harm to a grievant, the parties may agree to reduce the time limits set forth herein so that the grievance may be fully processed prior to the Superintendent end of the school term or as soon thereafter as possible. 10.3.3 In the event a grievance representative in each building. 2. At is filed so that sufficient time as stipulated under all levels of the procedure cannot be provided before the last day of the Agreement, should it be necessary to pursue the grievance procedureto all levels of the appeals, then said grievance shall be resolved under the aggrieved person terms of this Agreement, and this Article, and not under any succeeding agreement. 10.3.4 At least one Association representative will be present at all meetings. The resolution of any grievance shall have be consistent with the right to terms and conditions of this Agreement. The grievant will be present at all meetings, except by mutual agreement between the parties. A class action grievance under Article 10.3.5 may be represented by a duly certified representative the Association President or their designee, and the individual(s) signing the class action grievance, if so requested by the Superintendent or the Association President. 10.3.5 If, in the judgment of the Association and/or legal counsel and shall have the right Association, a grievance is considered to call witness(es) to testify on his or her behalf. 3. An aggrieved person may withdraw from the grievance procedure at any time and be a class action grievance, the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step of the initiate and submit such grievance procedure to communicate the decision - first informally, then, if not resolved, in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that stepSuperintendent or their official designee(s) directly; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence processing of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by Level Two. Prior to the filing of a written class action grievance, the Association is encouraged to first discuss the grievance with the SuperintendentSuperintendent or their official designee. Application of a class grievance must involve more than one educator, and those educators filing such grievance must be willing to sign the grievance, if so requested. 11. In 10.3.6 The resolution of any grievance shall be limited to making the event that both parties agree that educator whole for a period no resolution is forth-coming, both parties may agree longer than six (6) calendar months prior to move grievances to a level where a resolution can be readily reachedthe date the grievance was filed.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

General Procedures. 1. The Association shall select and certify to lack of response by management within the Superintendent prescribed time periods, unless time limits have been extended by mutual agreement, should be construed as a grievance representative in each buildingnegative response. 2. If, at any step in the grievance procedure, the State’s decision is not appealed within the appropriate prescribed time, such grievance will be considered closed and there shall be no further appeal or review. 3. A reasonable number of resource people shall be allowed to attend a grievance meeting or hearing. The parties will schedule resource people to minimize the impact on operations. At the meeting or hearing the Union will present its side of the grievance through the grievant, witnesses and resource people. Management will then proceed to present its responses to the Union’s presentation. 4. The Union shall be given a copy of the final disposition of all levels grievances. A copy of the decision of the State at each step shall be provided to the grievant and to the Union representative involved. 5. Grievance resolutions or decisions at Steps One and Two shall not constitute a precedent in any arbitration or other proceeding unless a specific agreement to that effect is made in writing by the Office of Employee Relations and the authorized representative of the Union. 6. Unless specifically provided for elsewhere in this Agreement, where the grievance involves an alleged violation of individual rights specified in the Merit System’s law and rules for which a specific appeal to the Department of Personnel is available, the individual must present his complaint to the Department of Personnel directly, provided however, where allegations of violations of other employee rights which derive from this Agreement occur, it is intended that the provisions of this grievance procedure are to be utilized. 7. A claim of improper and unjust discipline against an employee shall be processed in accordance with Article 5 of this Agreement. 8. The inclusion of or reference by name or title or otherwise in this Agreement to laws, rules, regulations formal policies or orders of the State, shall not be construed as bringing any allegation concerning the interpretation or application of such matters within the scope of arbitrability as set forth in this Agreement. 9. Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration or to represent an employee before the Merit System Board. The Union’s decision to request the movement of any contractual grievance at any step or to terminate the grievance at any step shall be final as to the interests of the grievant and the Union. 10. A “B.1.b.” grievance may be processed through step two of the grievance procedure, but may not be submitted to arbitration. 11. When an employee formally elects to undertake the aggrieved person resolution of a contractual grievance through any available procedure established by an agency of proper authority outside of those provided herein, such election shall have the right to be represented by a duly certified representative constitute an absolute waiver of the Association and/or legal counsel and shall have option to appeal the right grievance to call witness(es) to testify on his or her behalfarbitration unless the parties mutually agree otherwise. 312. An aggrieved person may withdraw from If a grievance is appealed to the grievance procedure at any time second step and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step Department Head or designee determines that a resolution of the grievance procedure is not within the authority of the department, the grievance will be forwarded to communicate the Governor’s Office of Employee Relations for disposition in accordance with Step Two of this procedure. If the grievance involved a non-contractual matter as defined in B.1.b. the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit OER shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved personfinal. 513. Forms for processing All grievances shall must be jointly prepared submitted on the attached grievance form. The form must be completely filled out by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10grievant and/or Union. In the event that a grievance form is unavailable the Association grievance will be in writing and set forth the following information: (a) the names, titles and department of affected employees; (b) the date of occurrence; (c) a brief description of what gave rise to the grievance; and (d) the remedy sought. Grievance forms will be made available at all work sites covered by this Agreement. 14. The State and the Superintendent shall union agree that appeals to arbitration that are not scheduled for hearing within eighteen (18) months after a grievance affects a group of teachers, then Step Two decision is rendered will be considered withdrawn unless the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may mutually agree to move grievances to a level where a resolution can be readily reachedextend the matter.

Appears in 2 contracts

Samples: Professional Unit Agreement, Administrative & Clerical Services Unit Agreement

General Procedures. 1. The Association shall select and certify to the Superintendent a grievance representative in each building. 2. At all levels of the grievance procedure, the aggrieved person shall have the right to be represented by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalf. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step of this procedure by the grievance procedure Administration to communicate the decision Decision in writing to the aggrieved person on a grievance within the specified time limit limits shall permit the aggrieved person grievant to proceed to the next step. Failure of the Grievant or the Association to file an Appeal of the decision at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit limits shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such . 2. A Grievance may be withdrawn at any level without prejudice or record. 3. It will be the practice of all parties in interest to process grievances after the regular workday has ended or a specified time limit agreeable to both parties. 4. The time limits provided in this procedure shall be extended for a period strictly observed. In the event the grievance is not to exceed ten (10) days upon completely processed by the written request end of the aggrieved personschool term and strict adherence to the time limits may result in hardship to any party, continuation of procedure may be enacted by mutual agreement. 5. Forms for processing grievances Teacher’s legal rights - nothing contained herein shall be jointly prepared by the Superintendent deny to any teacher his rights under state or federal constitutions and the Association, subject to approval by the Boardlaws. 6. Conferences and hearings under All Grievances shall be filed at the “lowest possible level.” The lowest possible level means that level of the grievance procedure at which the administrator deciding the grievance has authority to make a decision. If the Administrator does not have the authority to discuss and resolve the grievance he/she shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnessesnotify the grievant. 7. Nothing contained in this agreement shall The Grievant may be interpreted so as to prevent a member represented at any and all steps of the bargaining unit from discussing, informally, with any member of Grievance Procedure by the Administration, any matter, including an alleged violation, misinterpretation Association or misapplication of the terms of this agreement. 8its affiliates. When the aggrieved person a Grievant is not a member of represented by the Association, the Association shall have the right to have be present and to state it views at any stage of this procedure when the grievance is resolved. 8. The fact that an employee files a representative presentgrievance shall not be recorded in his/her personnel file or in any filed used in the transfer, assignment, or promotion process; nor shall such fact be used in any recommendation for re-employment or recommendation for other employment; nor shall the Grievant, the Association or its officers or employees of the district be placed in jeopardy or be the subject of reprisal or discrimination for having followed or participated in this grievance procedure. 9. In Once the event grievance conferences or hearings are scheduled during school hoursGrievant has designated a representative, such representative shall receive a copy of all communications regarding the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salarygrievance. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

General Procedures. 1. These procedures should be processed as rapidly as possible; the number of days indicated for settlement or appeal at each level should be considered a maximum. The Association shall select and certify to time limits can be extended by written mutual consent of the Superintendent a grievance representative in each buildingparties involved at any level of the procedures. 2. At all levels All parties should attempt to complete the procedures by the end of the grievance procedure, school year. The parties shall make a good faith effort to shorten the aggrieved person shall have number of days provided at the right various steps in order to be represented finish by a duly certified representative the end of the Association and/or legal counsel school year and shall have avoid, if possible, carrying the right to call witness(es) to testify on his process into the summer vacation period or her behalfthe following school year. 3. An aggrieved person may withdraw from the All parties in interest have a right to consultants or representatives of his own choosing at each level of these grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any timeprocedures. This is to be completed within 2 business days or 5 calendar days, whichever is shorter. 4. Failure at There shall be no restraint, interference, discrimination or reprisal exerted on any step employee choosing to use these procedures for resolution of grievances, nor shall there be any slowdowns or withholding of services by the grievant for not receiving full satisfaction from the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next stepprocedure. 5. Failure at any step level of this procedure by the grievance procedure grievant to appeal a grievance to the next step level within the specified time limit limits shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such level. Failure at any level of this procedure to communicate the decision in writing on a grievance within the specified time limit limits shall be extended for a period not permit the grievant to exceed ten (10) days upon proceed to the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Boardnext level. 6. Conferences and hearings under Each grievance shall have to be initiated within ten days after the grievance procedure shall occurrence of the cause for the complaint; however, if the grievant did not be conducted in public and become aware of the occurrence until a later date, then action shall be attended only by parties in interestinitiated within ten days following the first knowledge of the cause. By failing to thus initiate action, their designated representative and necessary witnessesthe person may be considered to have no reasonable grievance. 7. Nothing contained in this agreement shall All documents, communications and records of a grievance will be interpreted so as to prevent a member of filed separately from the bargaining unit from discussing, informally, with personnel files. 8. If any member of the Administrationteacher's grievance committee is a party in interest to any grievance, any matterhe/she should not serve as an official representative in the processing of such a grievance. Furthermore, including if a grievance is brought against a district principal or Superintendent, he/she should not serve as an alleged violation, misinterpretation or misapplication official representative in the process of the terms of this agreement. 8grievance. When The grievance should be moved to the aggrieved person is not a member next level of the Association, the Association shall have the right grievance procedure in order to have a representative presentavoid any conflict of interest. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall Every effort will be made in consequence by all parties to avoid interruption of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salaryclassroom and/or other school sponsored activities. 10. In Every effort will be made by all parties to avoid the event that the Association and the Superintendent shall agree that a grievance affects a group unnecessary involvement of teachers, then students in the grievance shall be commenced at level II by the filing of written grievance with the Superintendentprocedure. 11. In Each party shall be responsible for their own costs incurred at each level of the event grievance procedure. 12. The grievance procedure will not be used while that both parties agree that no resolution grievance is forth-comingunder the jurisdiction of the courts, both parties may agree has been submitted to move grievances to a level where a resolution can be readily reachedthe administrative or judicial process or is pending before the Employment Relations Board.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

General Procedures. 1. The Association All grievances shall select be in writing and certify include the name and position of the grievant, the identity of the contract provision involved, the day and place where the alleged event(s) or condition(s) contributing to the Superintendent grievance existed, the identity of the party responsible for causing said event(s) or condition(s), if known to the grievant, and a general statement of the nature of the grievance representative in each buildingand redress sought. Failure to provide said information will preclude the processing of said grievance upon written notice from the immediate supervisor to the grievant and COMBO. 2. At Except for informal decisions at Step 1, all levels of the grievance procedure, the aggrieved person decisions shall have the right to be represented by a duly certified representative of the Association and/or legal counsel rendered in writing and shall have be transmitted to the right to call witness(es) to testify on his or her behalfgrievant and COMBO. 3. An aggrieved person may withdraw from All meetings between the parties held pursuant to the grievance procedure at any time (except Step 1) shall be held outside the hours of employment unless otherwise mutually agreed upon. Preparation of grievances and other unilateral activities in connection with grievances shall be conducted outside the Association may withdraw its representation hours of an aggrieved person at any timeemployment. 4. Failure at For the purpose of facilitating the processing of grievances, each party will furnish the other, upon request, with any step of the grievance procedure and all documents which they are required by law to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved personfurnish. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall herein will be interpreted so construed as limiting the right of any unit member having a grievance to prevent a discuss the matter informally with any appropriate member of the bargaining unit from discussing, informally, with any member administration and to have the grievance informally adjusted without intervention of the AdministrationCOMBO, any matter, including an alleged violation, misinterpretation or misapplication of provided the adjustment is not inconsistent with the terms of this agreement. 8. When Agreement and COMBO has been given an opportunity to be present at such adjustment and to state its views on the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10grievance. In the event that any grievance is adjusted without formal determination, pursuant to this procedure, such adjustment shall be final and binding upon the Association and grievant, but shall not create a precedent or ruling binding upon either of the Superintendent shall agree that a parties to this Agreement in future proceedings. 6. If any provision of this grievance affects a procedure or any application thereof to any employee or group of teachersemployees in the unit shall be finally determined by any court to be contrary to law, then such provision or application shall be deemed invalid, but all other provisions or applications will continue in full force and effect. 7. Grievances shall be submitted to Step 1 within fifteen (15) working days of the act, event or occurrence giving rise to the grievance or it shall be commenced at level II barred and there shall be no right to process the grievance. 8. Failure by the filing of written grievant after Step 1 to process said grievance with within the Superintendenttime frames set forth herein shall be considered a bar and there shall be no right to process the grievance any further. 119. In Should the event that both parties agree that no resolution is forth-comingemployer or his representative not process the grievance in a timely fashion, both parties the grievant may agree move to move grievances to a level where a resolution can be readily reachedthe next step of the grievance process as though an answer had been received within the stated time frame.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

General Procedures. 1. The grievant may be represented by the Association shall select and certify to the Superintendent a grievance representative in each buildingor its affiliates or by counsel. 2. At all levels The President of the Association shall be notified by emailing advance, of each meeting held to resolve a grievance. 3. All written grievances shall state: 1) the specific contract provision(s) alleged to be violated, misapplied, or misinterpreted; 2) a brief description of the grievance and the time, place, and date it occurred; 3) the relief sought, and 4) the date of submittal. Support Staff Departmental Supervisors will develop a numbering system to track grievances filed in their department. The grievance shall be submitted via the form found in Appendix A. 4. Decisions rendered at each formal level shall be made in writing, stating supporting reasons. 5. The fact that an employee files a grievance shall not be recorded in his/her personnel file or in any file used in the transfer, assignment, or promotion process; nor shall such fact be used in any recommendation for re-employment; nor shall the grievant, the Association or its officers or employees of the district be placed in jeopardy or be the subject of reprisal or discrimination for having followed or participated in this grievance procedure. 6. Failure of the aggrieved to proceed within the specified time limits to the next level of procedure shall mean the grievance has been resolved by the recommendations stated in the previous level. 7. Failure of the Administration to respond in the time limits stated shall mean that the grievance shall move to the next level of the procedure. 8. A grievance may be initiated at Step II when it has been determined by the member's immediate supervisor that the subject is not within his/her realm of responsibility or control. Such determination shall be submitted in writing to the grievant. 9. If a grievance is filed regarding the decision of the Superintendent, or designee, under Article 10(D), the Grievant may start at Level IV of the grievance procedure, the aggrieved person shall have the right to be represented by a duly certified representative . The decision of the Association and/or legal counsel and Superintendent, or designee, shall have the right not be subject to call witness(es) to testify on his or her behalf. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any timeif it involves a verbal warning or a verbal reprimand. 4. Failure at any step of the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement procedure shall be interpreted so construed as to prevent limiting the individual rights of a member having a complaint or problem to discuss the matter informally with members of the bargaining unit from discussing, informally, with any member Administration through normal channels of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendentcommunication. 11. In A grievance may be withdrawn at any level without prejudice. 12. Local employee representatives conducting Association business will make reasonable efforts to conduct Association business so as to be least disruptive to the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reachedwork environment.

Appears in 2 contracts

Samples: Negotiated Contract, Negotiated Contract

General Procedures. 1The following general grievance procedures shall be followed when processing a Grievance under this Article: X. Xxxxxxxxxx will be processed according to the step-by-step process outlined below, with the following exceptions. If a person designated to hear a Grievance is the subject of the Grievance, the grievance process will begin at the next highest step. If a Grievance is directly based on official Board action, the Grievance shall be directed to the Board Secretary. The Association shall select and certify to Grievance may be heard by the Superintendent a grievance representative in each buildingBoard at the sole discretion of the Board. 2. At all levels B. No new claims may be made after Step 1 and no new information may be added after Step 2 of the grievance procedure. An appeal to the Board of Education at Step 3 of this procedure will only address the facts and issues presented to the Administration during Steps 1 and 2. C. The number of days indicated at each Level should be considered as a maximum, and every effort should be made to expedite the aggrieved person process. Failure by the Association or the Grievant to take action within any time limit specified in this Article shall have cause the right Grievance to automatically be represented waived, forfeited and dropped, and the Grievance shall thereafter not be subject to the grievance procedures set forth in this Article. The time limits specified may, however, be extended by a duly certified representative mutual agreement in writing. If any time limit specified in this Article extends into Spring Break, Winter Break or Summer Break, when the Grievant is not assigned to work, any applicable time limitation in this Article shall be automatically extended by ten (10) Business Days. Failure of the Association and/or legal counsel and District or its representatives to take action within the time limits specified shall have result in the right matter being automatically passed to call witness(es) to testify on his or her behalf. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any next step of the grievance procedure to communicate procedure. D. Grievances of like nature may be consolidated at any appropriate level of this grievance procedure. E. Time spent by employees, whether Grievant or Representative, in the decision in writing processing of grievances shall be, to the aggrieved person degree possible, at times when such employees are free from assigned duties. F. All meetings and/or hearings under this procedure shall be conducted in private and should normally include only the witnesses and parties referred to herein. G. Should any District administrator or supervisor referred to herein be unavailable to perform the specific functions under this Article, the Superintendent or Board may designate a substitute to perform those functions and shall notify the Association of such change. Such designation shall be made within the specified time limit shall permit which the aggrieved person unavailable administrator or supervisor was to proceed to have taken action under this Article. H. If the next step. Failure Grievant or the Association at any step time during the proceedings set forth herein, files for relief and/or a remedy through any other legitimate forum including the courts, local, state or federal agency, for redress of the same or substantially similar questions of fact, the grievance procedure to appeal a grievance to procedures may be suspended by the next step within District, pending resolution of such issues by the specified time limit chosen forum. I. The Grievant may be accompanied, if desired, by an Association representative. The accompanying individual may assist the Grievant in the presentation of the Grievance. X. Xx reprisal of any kind shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared taken by the Superintendent and Board, the Administration, the Association, subject to approval by the Board. 6. Conferences and hearings under any employee, or participant/witness against any Grievant or other participation in the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnessesprocedure. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

General Procedures. 10.3.1 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level is considered a maximum, and every effort should be made to expedite the process. However, extension(s) of time lines may be requested by either the district or the association. Agreement by the association and the district must be reached for a new time line to be in full force and effect. 10.3.2 In the event a grievance is not resolved prior to June 1. The Association shall select and certify , which, if left unresolved until the beginning of the following school year, could result in substantial harm to a grievant, the parties may agree to reduce the time limits set forth herein so that the grievance may be fully processed prior to the Superintendent end of the school term or as soon thereafter as possible. 10.3.3 In the event a grievance representative in each building. 2. At is filed so that sufficient time as stipulated under all levels of the procedure cannot be provided before the last day of the Agreement, should it be necessary to pursue the grievance procedureto all levels of the appeals, then said grievance shall be resolved under the aggrieved person terms of this Agreement, and this Article, and not under any succeeding agreement. 10.3.4 At least one Association representative will be present at all meetings. The resolution of any grievance shall have be consistent with the right to terms and conditions of this Agreement. The grievant will be present at all meetings, except by mutual agreement between the parties. A class action grievance under Article 10.3.5 may be represented by a duly certified representative the Association President or their designee, and the individual(s) signing the class action grievance, if so requested by the Superintendent or the Association President. 10.3.5 If, in the judgment of the Association and/or legal counsel and shall have the right Association, a grievance is considered to call witness(es) to testify on his or her behalf. 3. An aggrieved person may withdraw from the grievance procedure at any time and be a class action grievance, the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step of the initiate and submit such grievance procedure to communicate the decision - first informally, then, if not resolved, in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that stepSuperintendent or their official designee(s) directly; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence processing of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by Level Two. Prior to the filing of a written class action grievance, the Association is encouraged to first discuss the grievance with the SuperintendentSuperintendent or their official designee. Application of a class grievance must involve more than one educator, and those educators filing such grievance must be willing to sign the grievance, if so requested. 11. In 10.3.6 The resolution of any grievance shall be limited to making the event that both parties agree that educator whole for a period no resolution is forth-coming, both parties may agree longer than six (6) calendar months prior to move grievances to a level where a resolution can be readily reachedthe date the grievance was filed.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

General Procedures. A. The aggrieved must be present at Step 1 and may be present at all others. In processing the grievance, the grievant may: 1. The Association shall select and certify to the Superintendent a Represent himself/herself as described in Step 1 of this grievance representative in each building.procedure, or 2. At all levels Be represented by their union at the union’s expense. The number of days indicated at each level should be considered maximum, and every effort should be made to expedite the grievance procedure, the aggrieved person shall have the right process. B. It may at times become necessary to extend time limits. These extensions are to be represented kept to a minimum and must be mutually consented to in writing by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalfparties involved. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. C. Failure at any step of the grievance this procedure to communicate the decision in writing to the aggrieved person on a grievance within the specified time limit limits shall permit the aggrieved person grievant to proceed to the next step. Failure at any step of the grievance this procedure to appeal a grievance decision to the next step within the specified time limit limits shall be deemed to be acceptance of the decision rendered at that step; provided. D. The Board and its administrators shall cooperate with the grievant in the investigations of any grievance, howeverand further will furnish the grievant or their representative with such necessary and readily available information as requested for the processing of any grievance. E. Except as otherwise provided by law, that an employee shall invoke and exhaust the grievance procedure remedies before resorting to any other legal or administrative remedies for the conduct complained of, and failure to do so shall preclude resort to such time limit shall other remedies. F. A representative of the DCU may be extended for present at all steps of the procedure. The DCU will be notified promptly of the terms of the final decision or settlement of any written grievance filed and may itself file a period not to exceed grievance based on an alleged inconsistency thereof with this Agreement within ten (10) days upon the written request from receipt of the aggrieved personsuch notice. 5. Forms G. The District shall continue to provide for processing grievances shall be jointly prepared employees covered by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the this Agreement a separate grievance procedure shall with respect to issues arising solely under policies and regulations, which are not be conducted in public and shall be attended only covered by parties in interest, their designated representative and necessary witnessesthis Agreement. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 2 contracts

Samples: 2020 2023 Agreement, Collective Bargaining Agreement

General Procedures. 1. The Association shall select and certify to the Superintendent a grievance representative in each building. 2. At all levels of the grievance procedure, the aggrieved person shall have the right to Grievances may be represented by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalf. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure withdrawn at any step of the grievance procedure to communicate procedure. 2. If, at any step in the grievance procedure, the State’s decision in writing to is not appealed within the aggrieved person appropriate prescribed time, such grievance will be considered closed and there shall be no further appeal or review. 3. If the Employer does not answer a grievance or appeal within the specified time limit shall permit limits, the aggrieved person Union may elect to consider the grievance/appeal denied and proceed to the next step. Failure at any step of in the grievance procedure to appeal a as indicated by submission of the appropriate grievance form to the next step within the specified time limit appropriate Employer office. 4. The Union shall be deemed to be acceptance given a copy of the final disposition of all grievances. A copy of the decision rendered of the Employer at that step; provided, however, that such time limit each step shall be extended for a period not provided to exceed ten (10) days upon the written request of grievant and to the aggrieved personUnion representative involved. 5. Forms for processing grievances Grievance resolutions or decisions at the Preliminary Step or Step 1 shall be jointly prepared by the Superintendent and the Association, subject to approval by the Boardnot constitute a precedent in any arbitration or other proceeding. 6. Conferences and hearings under Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration or to represent an employee before the Administrative Hearing Commission. The Union’s decision to request the movement of any contractual grievance at any step or to terminate the grievance procedure shall not be conducted in public and at any step shall be attended only by parties in interest, their designated representative final as to the interests of the grievant and necessary witnessesthe Union. 7. Nothing contained in this agreement shall All grievances must be interpreted so as to prevent a member of submitted on the bargaining unit from discussing, informally, with any member of approved grievance form. The form must be completely filled out by the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10grievant and/or Union. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then form is unavailable the grievance shall will be commenced in writing and set forth the following information: (a) the names, titles and department of affected employees; (b) the date of occurrence; (c) a brief description of what gave rise to the grievance; (d) the remedy sought; and (e) the relevant Article violated. Grievance forms will be made available at level II all work sites covered by the filing of written grievance with the Superintendentthis Agreement. 118. In If a determination is made through a grievance process that an employee has been wrongly accused, the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can alleged misconduct will not be readily reachedreflected in his or her performance appraisal.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

General Procedures. 9.3.1 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level is considered a maximum, and every effort should be made to expedite the process. However, extension(s) of time lines may be requested by either the district or the association. Agreement by the association and the district must be reached for a new time line to be in full force and effect. 9.3.2 In the event a grievance is not resolved prior to June 1. The Association shall select and certify , which, if left unresolved until the beginning of the following school year, could result in substantial harm to a grievant, the parties may agree to reduce the time limits set forth herein so that the grievance may be fully processed prior to the Superintendent end of the school term or as soon thereafter as possible. 9.3.3 In the event a grievance representative in each building. 2. At is filed so that sufficient time as stipulated under all levels of the procedure cannot be provided before the last day of the Master Agreement, should it be necessary to pursue the grievance procedureto all levels of the appeals, then said grievance shall be resolved under the aggrieved person terms of this Agreement, and this Article, and not under any succeeding agreement. 9.3.4 At least one Association representative will be present at all meetings. The resolution of any grievance shall have be consistent with the right to terms and conditions of this Agreement. The grievant will be present at all meetings, except by mutual agreement between the parties. A class action grievance under Section 9.3.5 may be represented by a duly certified representative the Association president or his/her designee, and the individual(s) signing the class action grievance, if so requested by the Superintendent or the Association President. 9.3.5 If, in the judgment of the Association and/or legal counsel and shall have the right Association, a grievance is considered to call witness(es) to testify on his or her behalf. 3. An aggrieved person may withdraw from the grievance procedure at any time and be a class action grievance, the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step of the grievance procedure to communicate the decision initiate and submit such grievance--first informally, then, if not resolved, in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that stepSuperintendent or his/her official designee(s) directly; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence processing of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by Level Two. Prior to the filing of a written class action grievance, the Association is encouraged to first discuss the grievance with the SuperintendentSuperintendent or his/her official designee. Application of a class grievance must involve more than one teacher, and those teachers filing such grievance must be willing to sign the grievance, if so requested. 11. In 9.3.6 The resolution of any grievance shall be limited to making the event that both parties agree that teacher whole for a period no resolution is forth-coming, both parties may agree longer than six (6) calendar months prior to move grievances to a level where a resolution can be readily reachedthe date the grievance was filed.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

General Procedures. ‌ The following general grievance procedures shall be followed when processing a grievance under this Article: 1. Grievances of a like nature or that affect a group or class of employees may be consolidated at any level of this grievance procedure at the discretion of the grievant(s) and /or their representatives. The Association shall select and certify to the Superintendent a grievance representative in each buildingDistrict may request consolidation. 2. At all levels The number of days indicated at each level should be considered as a maximum, and every effort should be made to expedite the process. Failure by the Association or the Grievant to take action within any time limit specified in this Article shall cause the grievance to automatically be waived, forfeited and dropped, and the grievance shall thereafter not be subject to the grievance procedures set forth in this Article. The time limit specified may, however, be extended by mutual agreement in writing. If any time limit specified in this Article extends into Spring Break, Winter Break, or Summer Break, when the grievant is not assigned to work, any applicable time limitation in this Article shall be automatically extended by ten (10) business days. Failure of the District or its representatives to take action within the time limits specified shall result in the matter being automatically passed to the next step of the grievance procedure, the aggrieved person shall have the right to be represented by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalf. 3. An aggrieved person may withdraw from All documents, communications, and records specifically dealing with the processing of a grievance procedure at shall be filed in a separate grievance file and shall not be kept in the personnel file of any time and of the Association may withdraw its representation of an aggrieved person at any timeparticipants. 4. Failure at any step Time spent by Bargaining Unit employees, whether Grievant or Representative, in the processing of the grievance procedure to communicate the decision in writing grievances shall be, to the aggrieved person within degree possible, at times when such employees are free from assigned duties. The grievant(s) and their representative(s) shall not suffer any loss of pay for time taken for the purpose of participating in Informal Resolution and/or Formal Resolution Procedures as specified time limit shall permit in this Article should the aggrieved person District be unable to proceed to process the next step. Failure at any step of grievances outside the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved personBargaining Unit employee’s regularly scheduled work day. 5. Forms for processing grievances All meetings and/or hearings under this procedure shall be jointly prepared by conducted in private and should normally include only the Superintendent witnesses and the Association, subject parties referred to approval by the Boardherein. These proceedings and related information shall be confidential. 6. Conferences and hearings Should any District administrator or supervisor referred to herein be unavailable to perform the specific function under this Article, the grievance procedure shall not be conducted in public Superintendent or Board may designate a substitute to perform those functions and shall notify the Association of such change. Such designation shall be attended only by parties in interest, their designated representative and necessary witnessesmade within the time limit which the unavailable administrator or supervisor was to have taken action under this Article. 7. Nothing contained in this agreement No reprisal of any kind shall be interpreted so as to prevent a member of taken by the bargaining unit from discussingBoard, informally, with any member of the Administration, the Association, any matteremployee, including an alleged violation, misinterpretation or misapplication of participant/witness against any Grievant or other participant in the terms of this agreementgrievance procedure. 8. When If the aggrieved person is not Grievant or the Association at any time during the proceedings set forth herein, files for relief and/or a member remedy through the courts, local, state or federal agency, for redress of the Associationsame or substantially similar question of fact, the Association shall have grievance procedures may be suspended by the right to have a representative presentDistrict, pending resolution of such issues by the chosen forum. 9. In The Grievant may be accompanied, if desired, by an Association representative. The accompanying individual may represent the event Grievant in the presentation of the grievance. If at any time the Grievant elects to involve an attorney in grievance conferences or hearings are scheduled during school hoursproceedings, the aggrieved person, District will refer the Association representative matter to the district’s legal counsel and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salarygrievance process will end. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance Nothing contained herein shall be commenced at level II by construed as limiting the filing right of written grievance any aggrieved party to discuss and/or resolve the matter informally with any appropriate member of the Superintendentadministration. 11. In Grievances will be processed according to the event that both parties agree that no resolution process outlined below, with the following exceptions. If a person designated to hear a grievance is forth-comingthe subject of the grievance, both parties the grievance process may agree to move grievances to begin at the next highest step. If a level where a resolution can be readily reachedgrievance is directly based on official Board action, the written grievance shall start at Step 2 of the Grievance process with the Superintendent or Designee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. 1. The Association All grievances shall select be in writing and certify shall include the name and position of the aggrieved party, the identity of the section of this agreement involved in the said grievance, the time when and the place where the alleged events or conditions constituting the grievance existed, the identity of the party responsible for causing the said events or conditions, if known to the Superintendent aggrieved party, and a general statement of the nature of the grievance representative and the redress sought by the aggrieved party. Except for informal decisions at Stage 1, all decisions shall be rendered in writing at each building. 2. At all levels step of the grievance procedure. Each decision shall be promptly transmitted to the member of the unit and the Administrative Group. If a grievance affects a significant number of unit members and appears to be associated with system-wide policies, it may be submitted by the Administrative Group directly to Stage 2 described below. Except as otherwise provided in Stage 1, an aggrieved person party and any party in interest shall have the right at all stages of a grievance to confront and cross- examine all witnesses called against him, testify and to call witnesses on his own behalf, and to be represented by furnished with a duly certified representative copy of any minutes of the Association and/or legal counsel proceedings, if any, made at each and shall have every stage of this grievance procedure. No interference, coercion, restraint, discrimination or reprisal of any kind will be taken by the right to call witness(es) to testify on his Board or her behalf. 3. An by any member of the administration against the aggrieved person may withdraw from party, any party in interest, any representative, any member of the grievance committee, or any other participant in the grievance procedure at or any time other person by reason of such grievances or participation therein. Forms for filing and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step of processing grievances and other documents necessary under the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Board and Administrative Group. The Superintendent shall provide for the printing of appropriate forms. All documents, communications and records dealing with the Association, subject to approval by the Board. 6. Conferences and hearings under the processing of a grievance procedure shall not be conducted in public and shall be attended only by parties kept in interest, their designated representative and necessary witnesses. 7a confidential file separate from the personnel file of the participants. Nothing contained in this agreement shall herein will be interpreted so construed as limiting the right of any unit member having a grievance to prevent a member discuss the matter informally with his supervisor and having the grievance informally adjusted without intervention of the bargaining unit from discussingAdministrative Group, informally, provided the adjustment is not inconsistent with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8Agreement. When the aggrieved person is not a member Any party may request that an official stenographic record by kept of the Association, the Association shall have the right any hearing pertaining to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with an alleged grievance. The party requesting such stenographic service shall pay the Superintendentcosts thereof. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. 1. The Association shall select and certify to the Superintendent a grievance representative in each building. 2. At all levels of the grievance procedure, the aggrieved person shall have the right to be represented by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) witness to testify on his or her behalf. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step of the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Negotiated Agreement

General Procedures. 1. The Association shall select and certify to lack of response by management within the Superintendent prescribed time periods, unless time limits have been extended by mutual agreement, should be construed as a grievance representative in each buildingnegative response. 2. If, at any step in the grievance procedure, the State’s decision is not appealed within the appropriate prescribed time, such grievance will be considered closed and there shall be no further appeal or review. 3. A reasonable number of resource people shall be allowed to attend a grievance meeting or hearing. The parties will schedule resource people to minimize the impact on operations. At the meeting or hearing the Union will present its side of the grievance through the grievant, witnesses and resource people. Management will then proceed to present its responses to the Union’s presentation. 4. The Union shall be given a copy of the final disposition of all levels grievances. A copy of the decision of the State at each step shall be provided to the grievant and to the Union representative involved. 5. Grievance resolutions or decisions at Steps One and Two shall not constitute a precedent in any arbitration or other proceeding unless a specific agreement to that effect is made in writing by the Office of Employee Relations and the authorized representative of the Union. 6. Unless specifically provided for elsewhere in this Agreement, where the grievance involves an alleged violation of individual rights specified in the Merit System’s law and rules for which a specific appeal to the Department of Personnel is available, the individual must present his complaint to the Department of Personnel directly, provided however, where allegations of violations of other employee rights which derive from this Agreement occur, it is intended that the provisions of this grievance procedure are to be utilized. 7. A claim of improper and unjust discipline against an employee shall be processed in accordance with Article 5 of this Agreement. 8. The inclusion of or reference by name or title or otherwise in this Agreement to laws, rules, regulations formal policies or orders of the State, shall not be construed as bringing any allegation concerning the interpretation or application of such matters within the scope of arbitrability as set forth in this Agreement. 9. Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration or to represent an employee before the Merit System Board. The Union’s decision to request the movement of any contractual grievance at any step or to terminate the grievance at any step shall be final as to the interests of the grievant and the Union. 10. A “B.1.b.” grievance may be processed through Step Two of the grievance procedure, but may not be submitted to arbitration. 11. When an employee formally elects to undertake the aggrieved person resolution of a contractual grievance through any available procedure established by an agency of proper authority outside of those provided herein, such election shall have the right to be represented by a duly certified representative constitute an absolute waiver of the Association and/or legal counsel and shall have option to appeal the right grievance to call witness(es) to testify on his or her behalfarbitration unless the parties mutually agree otherwise. 312. An aggrieved person may withdraw from If a grievance is appealed to the grievance procedure at any time second step and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step Department Head or designee determines that a resolution of the grievance procedure is not within the authority of the department, the grievance will be forwarded to communicate the Governor’s Office of Employee Relations for disposition in accordance with Step Two of this procedure. If the grievance involved a non-contractual matter as defined in B.1.b. the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit OER shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved personfinal. 513. Forms for processing All grievances shall must be jointly prepared submitted on the attached grievance form. The form must be completely filled out by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10grievant and/or Union. In the event that a grievance form is unavailable the Association grievance will be in writing and set forth the following information: (a) the names, titles and department of affected employees; (b) the date of occurrence; (c) a brief description of what gave rise to the grievance; and (d) the remedy sought. Grievance forms will be made available at all work sites covered by this Agreement. 14. The State and the Superintendent shall Union agree that appeals to arbitration that are not scheduled for hearing within eighteen (18) months after a grievance affects a group of teachers, then Step Two decision is rendered will be considered withdrawn unless the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may mutually agree to move grievances to a level where a resolution can be readily reachedextend the matter.

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. 1. The Association All grievances shall select include the name and certify position of the aggrieved party, the identity of the provision law, if applicable to this agreement, policies, etc., involved in the said grievances, the time when and the place where the alleged events or conditions constituting the grievance existed, the identity of the party responsible for causing the said events or conditions, if known to the Superintendent aggrieved party, and a general statement of the nature of the grievance representative and the redress sought by the aggrieved party. Except for informal decisions at Stage 1, all decisions shall be rendered in writing at each building. 2. At all levels step of the grievance procedure, setting forth findings of fact, conclusions and supporting reasons therefore. Each decision shall be promptly transmitted to the member of the unit and the Association. If a grievance affects a significant number of Unit Members or more than one building and to be associated with system-wide policies, it may be submitted by the Association directly at Stage 2 described below. The preparation and processing of grievance, insofar as practicable, shall be conducted during the hours of 8 AM and 5 PM on regularly scheduled work days. All parties will avoid interruptions of services in support of school activities. The Superintendent and the Association agree reasonably to facilitate any investigation which may be required and to make available to the aggrieved person shall have party all pertinent information not privileged under law in its possession or control and which is relevant to the right to issues raised by the grievance. No interference, coercion, restraint, discrimination or reprisal of any kind will be represented taken by a duly certified representative the Board or by any member of the Association and/or legal counsel administration against the aggrieved party, and shall have party in interest, any representative, any member of the right to call witness(es) to testify on his grievance committee, or her behalf. 3. An aggrieved person may withdraw from any other participant in the grievance procedure at or any time other person by reason of such grievance or participation therein. Forms for filing and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step of processing grievances and other documents necessary under the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and Association. The Superintendent shall provide for the printing of appropriate forms. Nothing contained herein will be construed as limiting the right of any Unit Member having a grievance to discuss the matter informally with his supervisor and having the grievance informally adjusted without intervention of the Association, subject to approval by provided the Board. 6. Conferences and hearings under the grievance procedure shall adjustment is not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, inconsistent with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8Agreement. When the aggrieved person is not a member Any party may request that an official record be kept of the Association, the Association shall have the right any hearing pertaining to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with an alleged grievance. The party requesting such service shall pay the Superintendentcosts thereof. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. 1. The Association shall select and certify to the Superintendent a grievance representative in each building. 2. At all levels of the grievance procedureSince it is important that grievances be processed as rapidly as possible, the aggrieved person number of days indicated at each level should be considered a maximum, and every effort should be made to expedite the process. However, nothing in this agreement shall have be construed as compelling the right Union to be represented by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalf. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step of the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal submit a grievance to the next step within the specified time limit arbitration. There shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit a grievance procedure as follows: A grievance shall be extended for a period not to exceed presented in writing by the aggrieved employee and/or by the Association within ten (10) days upon the written request of the aggrieved person. 5employee's and/or the Association's knowledge of the occurrence of such grievance. Forms for processing grievances A meeting shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When held between the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved personemployee, the Association representative and necessary witnesses the Program Director or his/her designated College Administrator to resolve the grievance. The Program Director or his/her designated College Administrator will arrange a meeting within three (3) working days from the time the grievance is received by her/him, and she/he shall give the Association her/his answer in writing three (3) working days after such a meeting. If the grievance is still not resolved according to Level One above, the Commissioner for Higher Education or her/his designee, upon written request within ten (10) days of the decision at Level One, shall grant an informal hearing to the aggrieved and/or the Association within fifteen (15) days of receipt of such request. The Commissioner or her/his designee shall render a decision in writing within ten (10) days of the completion of the hearing process. (1) If the grievance is not resolved within ten (10) working days of completion of the presentation to the Commissioner at Level Two, the Association may submit the grievance to final and binding arbitration within ten (10) days after the disposition of the grievance at Level Two. (2) The parties will be bound by the Voluntary Labor Arbitration Rules of the American Arbitration Association. The decision of the arbitrator shall be permitted to attend such conferences or hearings final and no salary deduction binding on both parties. The expenses of the arbitrator shall be made in consequence borne equally by the parties. (3) Any grievance which is not presented within ten (10) days of such attendance. In additionthe employee's and/or the Association knowledge of its occurrence or appealed to the next step or to arbitration within the time limits herein specified, aggrieved persons, Association representatives and essential witnesses shall be permitted deemed to use unassigned periods for the purposes of processing grievances without diminution of salaryhave been waived. 10. In (4) Nothing herein contained will be construed as limiting the event that right to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without intervention of the Association provided the adjustment is not inconsistent with the terms of this Agreement. (5) All documents, communication, and records, dealing with the Superintendent shall agree that processing of a grievance affects a group will be filed separately from the personnel files of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendentparticipants. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. 1. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The Association shall select and certify to the Superintendent a grievance representative in each buildingtime limits specified may, however, be extended by mutual agreement. 2. At all levels Because of the grievance procedure, value of face-to-face dialogue in reaching agreement such meetings are encouraged and may take place in addition to the aggrieved person shall have presentation of written communications with the right to be represented by a duly certified representative agreement of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalf. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure both parties at any step of the grievance procedure to communicate procedure. Such meetings may include any "party in interest." 3. Nothing herein contained shall be construed as limiting the decision in writing right of any individual faculty, having a problem or complaint, on matters not relating to the aggrieved person within professional contract supplement from presenting the specified time limit shall permit the aggrieved person problem or complaint to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a appropriate member of the bargaining unit from discussingadministration, informally, with any member and having it solved without the formalized grievance procedure of intervention of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of Association provided the adjustment is not inconsistent with the terms of this agreement. 84. When No reprisals of any kind will be taken by the aggrieved person is not a Board or by any member of the Associationadministration against the grievant or any "party in interest" by reason of such participation in the grievance process. 5. A sincere effort must first be made by the grievant with his/her immediate supervisor to resolve the matter informally prior to initiating and entering the formalized grievance procedures. 6. The "parties in interest" agree to follow each of the steps previously defined under the two grievance procedures. 7. Any actions required to process a grievance not carried out within the timelines specified, by the Association side which initiated the grievance, shall have the right effect of settling the grievance on the basis of the last written "suggested solution" given by the side responding to have the grievance. 8. Failure to provide a representative present"suggested solution" within the timelines specified by the side responding to the grievance shall allow the side which initiated the grievance to proceed to the next step. 9. In At any stage of the event processing of a grievance conferences if the parties arrive at an agreement, either a "statement of grievance" or hearings are scheduled during school hours, "suggested solution" form may be signed by both parties as the aggrieved person, settlement of the Association representative grievance and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made placed in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary"grievance file." 10. In The time limits specified for a particular step may be extended by mutual agreement of the event persons involved in the disposition of a grievance at that step. Such extension of time limits shall be in writing and signed by both the Association grievant and the Superintendent shall agree Board's representative at that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendentstep. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Master Contract

General Procedures. 1The following general grievance procedures shall be followed when processing a grievance under this Article: A. Grievances of like nature may be consolidated at any appropriate level of this grievance procedure. B. The number of days indicated at each Level should be considered as a maximum, and every effort should be made to expedite the process. Failure by the Union or the Grievant to take action within any time limit specified in this Article shall cause the grievance to automatically be waived, forfeited and dropped, and the grievance shall thereafter not be subject to the grievance procedures set forth in this Article. The Association time limits specified may, however, be extended by mutual agreement in writing. If any time limit specified in this Article extends into Spring Break, Winter Break or Summer Break, when the grievant is not assigned to work, any applicable time limitation in this Article shall select and certify be automatically extended by five (5) business days. Failure of the District or its representatives to take action within the time limits specified shall result in the matter being automatically passed to the Superintendent a grievance representative in each building. 2. At all levels next step of the grievance procedure. C. All documents, communications, and records specifically dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants. D. Time spent by employees, whether Grievant or Xxxxxxx, in the processing of grievances shall be, to the degree possible, at times when such employees are free from assigned duties. E. All meetings and/or hearings under this procedure shall be conducted in private and should normally include only the witnesses and parties referred to herein. F. Should any District administrator or supervisor referred to herein be unavailable to perform the specific functions under this Article, the aggrieved person shall have the right Superintendent or Board of Education may designate a substitute to be represented by a duly certified representative of the Association and/or legal counsel perform those functions and shall notify the Union of such change. Such designation shall be made within the time limit which the unavailable administrator or supervisor was to have the right to call witness(es) to testify on his or her behalftaken action under this Article. 3. An aggrieved person may withdraw from G. No reprisal of any kind shall be taken by the Board of Education, the Administration, the Union, any employee, or participant/witness against any Grievant or other participant in the grievance procedure procedure. H. If the Grievant or the Union at any time and during the Association proceedings set forth herein, file for relief and/or a remedy through any other legitimate forum including the courts, local, state or federal agency, for redress of the same or similar questions of fact, the grievance procedures may withdraw be suspended by the District, at its representation discretion, pending resolution of an aggrieved person at any timesuch issues by the chosen forum. 4I. The Grievant may be accompanied, if desired, by a Union representative. Failure at any step The accompanying individual may assist the Grievant in the presentation of the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved persongrievance. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Transportation Agreement

General Procedures. 1The following general grievance procedures shall be followed when processing a grievance under this Article: A. Grievances of like nature may be consolidated at any appropriate level of this grievance procedure. B. The number of days indicated at each Level should be considered as a maximum, and every effort should be made to expedite the process. Failure by the Association or the Grievant to take action within any time limit specified in this Article shall cause the grievance to automatically be waived, forfeited and dropped, and the grievance shall thereafter not be subject to the grievance procedures set forth in this Article. The Association time limits specified may, however, be extended by mutual agreement in writing. If any time limit specified in this Article extends into Spring Break, Winter Break or Summer Break, when the grievant is not assigned to work, any applicable time limitation in this Article shall select and certify be automatically extended by ten (10) business days. Failure of the District or its representatives to take action within the time limits specified shall result in the matter being automatically passed to the Superintendent a grievance representative in each building. 2. At all levels next step of the grievance procedure. C. All documents, communications, and records specifically dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants. D. Time spent by employees, whether Grievant or Representative, in the processing of grievances shall be, to the degree possible, at times when such employees are free from assigned duties. E. All meetings and/or hearings under this procedure shall be conducted in private and should normally include only the witnesses and parties referred to herein F. Should any District administrator or supervisor referred to herein be unavailable to perform the specific functions under this Article, the aggrieved person Superintendent or Board may designate a substitute to perform those functions and shall have the right to be represented by a duly certified representative of notify the Association and/or legal counsel and of such change. Such designation shall be made within the time limit which the unavailable administrator or supervisor was to have the right to call witness(es) to testify on his or her behalftaken action under this Article. 3. An aggrieved person may withdraw from G. No reprisal of any kind shall be taken by the Board, the Administration, the Association, any employee, or participant/ witness against any Grievant or other participant in the grievance procedure procedure. H. If the Grievant or the Association at any time and during the Association proceedings set forth herein, files for relief and/or a remedy through any other legitimate forum including the courts, local, state or federal agency, for redress of the same or substantially similar questions of fact, the grievance procedures may withdraw its representation be suspended by the District, pending resolution of an aggrieved person at any timesuch issues by the chosen forum. 4I. The Grievant may be accompanied, if desired, by an Association representative. Failure at any step The accompanying individual may assist the Grievant in the presentation of the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved persongrievance. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. 1The following general grievance procedures shall be followed when processing a grievance under this Article: A. Grievances of like nature may be consolidated at any appropriate level of this grievance procedure, when mutually agreed to in writing by the Grievant and/or SESP and the District. B. The number of days indicated at each Level should be considered as a maximum, and every effort should be made to expedite the process. Failure by the SESP or the Grievant to take action within any time limit specified in this Article shall cause the grievance to automatically be waived, forfeited and dropped, and the grievance shall thereafter not be subject to the grievance procedures set forth in this Article. The Association time limits specified may, however, be extended by mutual agreement in writing. If any time limit specified in this Article extends into Spring Break, Winter Break or Summer Break, when the grievant is not assigned to work, any applicable time limitation in this Article shall select and certify be automatically extended by five (5) business days. Failure of the District or its representatives to take action within the time limits specified shall result in the matter being automatically passed to the Superintendent a grievance representative in each building. 2. At all levels next step of the grievance procedure. C. The parties will make every effort to process any grievances filed under this Article through all the steps of this procedure within six (6) months from the date the grievance is filed. D. All documents, communications, and records specifically dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants. E. Time spent by employees, whether Grievant or Representative, in the processing of grievances shall be, to the degree possible, at times when such employees are free from assigned duties. F. All meetings and/or hearings under this procedure shall be conducted in private and shall include only the witnesses and parties referred to herein, unless mutually agree by the parties. G. Should any District administrator or supervisor referred to herein be unavailable to perform the specific functions under this Article, the aggrieved person shall have the right Superintendent or Board of Education may designate a substitute to be represented by a duly certified representative of the Association and/or legal counsel perform those functions and shall notify the SESP of such change. Such designation shall be made within the time limit which the unavailable administrator or supervisor was to have the right to call witness(es) to testify on his or her behalftaken action under this Article. 3. An aggrieved person may withdraw from H. No reprisal of any kind shall be taken by the Board of Education, the Administration, the SESP, any employee, or participant/ witness against any Grievant or other participant in the grievance procedure procedure. I. If the Grievant or the SESP at any time and during the Association proceedings set forth herein, files for relief and/or a remedy through any other legitimate forum including the courts, local, state or federal agency, for redress of the same or similar issues which are identified in the grievance, the grievance procedures may withdraw be suspended by the District, at its representation discretion, pending resolution of an aggrieved person at any timesuch issues by the chosen forum. 4J. The Grievant may be accompanied, if desired, by a SESP representative. Failure at any step The accompanying individual may assist the Grievant in the presentation of the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved persongrievance. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Maintenance, Custodial and Supply Center Employees Agreement

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General Procedures. 1. The Association A. All grievances shall select include the name and certify the position of the aggrieved party and the alleged violation of this Agreement, the time and place where the alleged events or conditions pertaining to the Superintendent grievance existed, the identity of the party(ies) responsible for causing the said events or conditions, if known to the aggrieved party, and a general statement of the nature of the grievance representative in each buildingand the adjustment for correction sought by the aggrieved party. 2. At B. Except for informal decisions, all levels decisions shall be rendered in writing at each step of the grievance procedure, the aggrieved person setting forth findings of fact, conclusions and supporting reasons therefore. Each decision shall have the right to be represented by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalf. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step of the grievance procedure to communicate the decision in writing promptly transmitted to the aggrieved person within party and the specified Xxxxxx Teachers’ Association. C. Failure of the supervisor, principal, Superintendent of Schools, other administrators and/or the Board of Education to comply with the time limit limits provided with respect to written grievances shall permit provide the aggrieved person party the opportunity to proceed to the next stepstep in the grievance procedure. Failure at In the event of mutual agreement or inclement weather or other emergencies, time limits may be extended. The extent of such delays shall be mutually agreed upon. D. The preparation and processing of formal grievances, insofar as practicable, should be conducted after the hours of employment. All reasonable effort will be made to avoid interruption of scheduled working activities in any step phase of the grievance procedure. E. All participants in the grievance procedure agree to facilitate any investigations which may be required and to make available any and all material concerning the alleged grievance. F. No interference, coercion, restraint, discrimination or reprisal of any kind will be taken by the Board of Education or any member of the administration or any member of the teachers’ unit against the aggrieved party or any party in interest (the Grievance Committee, the Xxxxxx Teachers’ Association, or any party named in a grievance who is not the aggrieved party). G. Forms for filing grievances, serving notices, appeals, and making reports and recommendations, and other necessary documents will be jointly developed by the Superintendent of Schools and the Xxxxxx Teachers’ Association. The Superintendent of Schools shall have such forms printed and distributed to the Grievance Committee free of any expenses. H. No communications which have been generated as a result of the grievance procedure as outlined below shall be filed in the employee’s personnel file. I. In the event any grievance is adjusted without formal determination, such adjustment shall be binding upon the aggrieved party and shall be final. Such adjustment shall not create a precedent or ruling upon either of the parties to appeal this Agreement in future proceedings. J. In the event a grievance to is filed on or after June 1, the next step within the specified time limit shall limits set forth herein will be deemed to be acceptance of the decision rendered at reduced pro rata so that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not may be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as exhausted prior to prevent a member the end of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation school term or misapplication of the terms of this agreementas soon thereafter as is possible. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. 1. The Association shall select and certify 16.4.1 Until there is a final disposition of a grievance, the grievant is required to conform to the Superintendent a grievance representative in each buildingmost recent decision of the District. 2. At all levels 16.4.2 During the pendency of any proceeding within the grievance procedure, no action will be made public. Nothing in this subsection limits the aggrieved person shall have the right Association's ability to be represented by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalfcommunicate with its employees. 3. An aggrieved person 16.4.3 Time limits given in these procedures may withdraw from the grievance procedure at any time and the Association may withdraw its representation be modified by written agreement of an aggrieved person at any timeall parties involved, specified in writing. 4. Failure at any step 16.4.4 The failure of the grievance procedure a grievant to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed appeal to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step level within the specified time limit limits set forth shall be deemed to be an acceptance of the decision previously rendered at and shall constitute a waiver of any future appeal within the grievance procedure concerning that step; provided, however, that such time limit particular grievance. 16.4.5 The failure of the District to conform to the specific provisions of the grievance procedure shall permit the grievant to submit an appeal to the next step in the grievance procedure. 16.4.6 All materials concerning the grievance shall be extended kept in a file separate from the employee's personnel file during the course of the grievance proceedings. 16.4.7 The grievant may be accompanied by a MHCEA representative of his/her choosing, commencing at the Informal Step of the grievance procedure. 16.4.8 When it is necessary for a period designated Association MHCEA representative to attend a grievance conference with an administrator and a grievant during the work day, he/she will, upon notice to his/her immediate supervisor, be released without loss of pay in order to participate in the conference. 16.4.9 If the immediate supervisor is not empowered to exceed make a decision on the employee's grievance, he/she will automatically forward said grievance to the appropriate management level that is empowered to make a decision. The grievant will be notified within five (5) working days of the forwarding of the grievance. The time allotted for a District response shall commence upon receipt of the grievance by the appropriate management personnel. 16.4.10 a employee may present a grievance directly and have such grievance adjusted without intervention of the Association as long as the adjustment is not inconsistent with the terms of this Agreement. The Association shall be provided copies of any grievances filed by employees. The Association may, within ten (10) days upon of receipt of a copy of a grievance, file with the District a written request of response to the aggrieved personDistrict's decision. 516.4.11 The parties agree that early resolution of grievances is essential for productive labor-management relations. Forms for processing The parties further agree to do everything in their power to make sure that grievances get resolved at the lowest level possible, preferably the informal level. To that end, once each school year, there shall be jointly prepared by a joint workshop of MHCEA representatives and District first line supervisors to receive training and explore strategies for settling grievances and resolving problems at the Superintendent and lowest possible level. The workshop shall be held during the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public regular work day and shall be attended only conducted jointly by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the SuperintendentDistrict staff. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. 1Since it is important that grievances be processed as rapidly as possible, the time limitations specified at each level should be considered as a maximum and every effort should be made to expedite the process. The Association shall select time limitations specified may, however, be extended by mutual agreement. Nothing herein contained will be construed as limiting the right of a grievant to discuss the matter informally with any appropriate member of the Administration and certify to having the Superintendent a grievance representative adjusted, provided the adjustment is consistent with the terms of the Agreement in each building. 2existence between the Board and the Association. At all levels A grievant may be represented at any level of the grievance procedureprocedure by a person or persons of his/her own choosing, or may elect to represent him/her self. When a grievant is not represented by the Association, the aggrieved person Association shall have the right opportunity of having a representative present to state the Association's views at any level. A grievance initiated at a time other than during the regular school term shall commence at Level Two, provided the principal is not readily available. No grievance shall be represented recognized by a duly certified representative the Board or the Association unless it shall have been presented at Level One within twenty (20) days after the grievant knew of the Association and/or legal counsel and shall have act or condition on which the right to call witness(es) to testify on his or her behalf. 3grievance is based; and, if not so presented, the grievance will be considered waived. An aggrieved person A grievant may withdraw from the a grievance procedure at any time by notifying in writing the Board's and Association's representatives at the level at which the grievance is being heard. Any such grievance that is withdrawn shall be considered waived. If a grievance affects more than one teacher, the grievants, through their designated representative, may submit such grievance in writing to the Superintendent, and the Association may withdraw its representation processing of an aggrieved person such grievances shall be commenced at Level Two (2). When it is necessary at any time. 4level beyond Level One (1) for a grievant and his/her designated representatives to attend a meeting or a hearing called by the Superintendent, or his/her designee, during the school day, the Superintendent, or his/her designee, shall so notify the principal or immediate supervisor of such persons and they shall be released without loss of pay for such time as their attendance is required at such meeting or hearing. Failure at any step of the grievance this procedure to communicate the decision in writing to the aggrieved person of a grievance within the specified time limit limits to the grievant shall permit the aggrieved person grievant to proceed to the next steplevel. Failure by the grievant at any step level of the grievance this procedure to appeal a the grievance to the next step level within the specified time limit limits shall be deemed to be acceptance of the decision rendered given at that step; providedlevel. On those occasions when a decision is rendered in favor of the person filing the grievance, howevera recommended remedy should be forwarded to the grievant within the specified time limits of the agreement. If a grievance arises because of a dispute, that disagreement, controversy, and/or complaint involving a violation, mis-interpretation or inequitable application of the terms of this Agreement above the grievant’s building level, the grievant shall have the right to submit such time limit grievance to the Superintendent and the processing of such grievance will start at Level Two (2). A grievance will first be discussed with the building principal of the grievant with the objective of resolving the matter informally. If legal counsel or research is necessary in order for the principal to respond to the grievance, the principal shall be extended for a period not permitted up to exceed ten (10) days upon from the date of the informal meeting to respond to the grievant on the matter raised at the informal meeting. If the grievant is not satisfied with the disposition of his/her grievance as the result of the informal meeting, the grievant may file the grievance in writing with the building principal within seven (7) days of the informal meeting on the grievance form attached hereto as Appendix A. Within seven (7) days after the receipt of the written request of grievance, the aggrieved person. 5building principal shall provide his/her decision in writing, together with supporting reasons, to the grievant. Forms for processing grievances shall be jointly prepared by If the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person grievant is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance satisfied with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.disposition of his/her grievance at Level One

Appears in 1 contract

Samples: Negotiations Procedural Agreement

General Procedures. 1. The Association filing or pendency of any grievance under the provisions of this Article shall select and certify in no way operate to impede, delay or interfere with the right of the Board to take the action complained of, subject, however, to the Superintendent a grievance representative in each buildingfinal decision on the grievance. 2. At all levels Nothing contained in this Article or elsewhere in this Agreement shall be construed to permit the Federation to present or process in behalf of any employee without his/her consent a grievance not of the grievance procedure, the aggrieved person shall have the right to be represented by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalfcharacter described in Step 1b. 3. An aggrieved person may withdraw from the Lawyers shall not be used by either party at second step grievance hearings. 4. Hearings held under this procedure shall be conducted at any a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. When such hearings are during school hours, all employees who are present at the Association may withdraw hearing shall be excused with pay for that purpose. 5. At each of the first two (2) steps of the Grievance Procedure, the Board and the Federation shall have the opportunity and duty to present all documentary evidence and witnesses on which each relies in support of its representation position. At Step 3 of the Grievance Procedure, each of said parties shall be given the opportunity to present all documentary evidence and witnesses on which it relies and shall not be permitted to present any evidence or witnesses not presented at either Step 1 or Step 2, unless such evidence or witnesses were not known to exist and could not by reasonable diligence have been discovered prior to the hearing at Step 3. 6. No officer or Executive Board member, delegate, representative or agent of a minority organization shall represent the aggrieved employee at Step 1 of this procedure. An agent shall include any person who, acting in an official capacity for a minority organization, regularly performs for that organization such acts as distributing literature, collecting dues, circulating petitions, soliciting membership, or serving regularly as a spokesperson at employees’ meetings. An agent shall not include any person who performs such duties occasionally or without any official designation by the minority organization involved. A minority organization shall mean any organization other than the Federation. 7. An employee who is not a Federation representative or such representative’s designee shall not accompany or act on behalf of an aggrieved person employee at any timeStep 1 of this procedure in more than two (2) grievances during a school year. 48. If a grievance (a) arises from the action of authority higher than the Principal of a school or (b) is of such a nature as to involve the application or interpretation of any provision of this Agreement or of any policy or could be deemed as setting a precedent as to the working conditions or welfare of employees, the Federation may present such grievance at Step 2 of this procedure, without Step 1 thereof. 9. No decision on or adjustment of a grievance shall be contrary to any provision of this Agreement. 10. Failure at any step of the grievance this procedure to communicate the decision in writing to the aggrieved person on a grievance within the specified time limit limits shall permit the aggrieved person Federation to proceed to the next step. Failure lodge an appeal at any step of the grievance procedure to appeal a grievance to the next step within the of this procedure. 11. The time limits specified time limit shall in this procedure may be deemed to be acceptance extended, in any specific instance, by mutual agreement of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon Board and the written request of the aggrieved personFederation. 512. Forms Principals shall make arrangements to allow reasonable time without loss of salary for processing grievances shall be jointly prepared by the Superintendent and the Association, subject Federation Building Representatives to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9investigate grievances. In the event grievance conferences or hearings are scheduled during school hoursclarification is necessary as to what constitutes reasonable time, the aggrieved personExecutive Director of Human Resources, after consultation with the Association representative Federation, shall make the final determination. 13. Second step hearings of disputes arising out of rostering and/or assignments for the next school year have priority status and necessary witnesses shall be permitted to attend such conferences or hearings heard as soon after May 25 as possible and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salarylater than July 10. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. The parties to a grievance at either Step 1 or Step 2 may mutually agree to use ADR to assist them in resolving the grievance. Official time and travel expenses for the NCFLL Representative and bar- gaining unit employees will be in accordance with Article 8. A. Step 1 1. The Association shall select and certify A grievance must be presented in writing on the negotiated grievance form within thirty (30) calendar days of when the bargaining unit employee or NCFLL has learned or may rea- sonably have been expected to the Superintendent a grievance representative in each buildinghave learned of its cause. 2. At all levels of Unless mutually agreed otherwise, a grievance shall be dis- cussed at a meeting between the grievant, the NCFLL Rep- resentative, and the immediate supervisor (who prepares the aggrieved employee’s performance evaluation) or with the manager whom it is alleged has violated this Agreement. The supervisor/manager shall have ten (10) calendar days in which to attempt to resolve the grievance procedure, with the aggrieved person shall have ag- grieved employee and/or designated NCFLL Representative and provide a written response addressing all the right to be represented by a duly certified representative of issues raised in the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalfgrievance. 3. An aggrieved person If the grievance involves merit staffing procedures which prevent an applicant from being considered, the grievance shall be filed with the Regional Human Resources Officer. The grievant will discuss the issue telephonically with the Regional Human Resources Officer within thirty (30) calen- dar days of when the bargaining unit employee or NCFLL has learned of its cause. The Regional Human Resources Officer will have ten calendar days in which to respond telephonically to the grievance. The grievance may withdraw be filed at Step 2 with the OASAM Regional Administrator on the negotiated grievance form within ten calendar days of the response from the Regional Human Resources Officer. The procedures set forth below for processing Step 2 grievances must be followed. B. Step 2 1. A grievance procedure may be appealed to Step 2 of this proce- dure within ten (10) calendar days of receipt of the written response to the aggrieved employee(s) at Step 1 or, if no timely reply is made at Step 1, within twenty (20) calendar days after the grievance was presented at Step 1. The time limit requirement of this Section will be satisfied if the grievant does any time of the following: a. Electronically transmits or delivers to the Step 2 Official by hand the Step 2 appeal within ten (10) calendar days or twenty (20) calendar days, as the case may be, of receipt of the Step 1 reply; b. Mails by Government certified mail, to the Step 2 Official, an appeal within ten (10) or twenty (20) calendar days, as the case may be, and the Association mailing envelope shows a postmark with a date indicating that the appeal was mailed within the ten (10) or twenty (20) calendar day period; or c. Notifies the Step 2 Official by telephone within the ten (10) or twenty (20) calendar day time period, as the case may withdraw its representation be, that an appeal is being filed, followed immedi- ately by a written appeal mailed or electronically trans- mitted to the Official. 2. The Step 2 grievance appeal shall be submitted utilizing the negotiated standard grievance form to the appropriate Agency Regional Administrator (or equivalent). The Re- gional Administrator (or equivalent) or designee shall have ten (10) calendar days in which to discuss and resolve the grievance with the aggrieved employee and/or the desig- nated NCFLL Representative and to issue a reply. 3. Upon receipt of an aggrieved person at any timethe reply of the Step 2 Official, the NCFLL may, within thirty (30) calendar days, invoke arbitration as provided in Article 16 of this Agreement with the Director, ODLRN. 4. Failure at any step of the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared If no timely reply is issued by the Superintendent and Step 2 Official, the AssociationNCFLL may within forty-five (45) calendar days from the date that the Step 2 decision was due, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted invoke arbitration as provided in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms Article 16 of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance Agreement with the SuperintendentDirector, ODLRN. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: National Agreement

General Procedures. 1a. These procedures should be processed as rapidly as practicable; the number of days indicated for settlement or appeal at each level should be considered a maximum. The Association shall select and certify to time limits can be extended by written mutual consent of the Superintendent a grievance representative in each buildingparties involved at any level of the procedures. 2b. All parties should attempt to complete the procedures by the end of the school year. At The parties shall make a good faith effort to shorten the number of days provided at the various steps in order to finish by the end of the school year and avoid, if possible, carrying the process into the summer vacation period or the following school year. c. The Association has the authority to represent the grievance at all levels of the grievance procedure. Upon request by the Association, the aggrieved person District shall within the guidelines established by state law, give access to and/or provide copies of all readily available information necessary to process the grievance. The Association will reimburse the District for costs associated with collection and reproduction of the requested information. d. All parties in interest have the a right to be represented by a duly certified an association representative of their own choosing at each level of these grievance procedures. In the matter of a group grievance or class of members filing a grievance, one (1) representative will be chosen by the Association and/or legal counsel and shall have to represent the right to call witness(es) to testify on his group or her behalfclass. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. e. Failure at any step level of this procedure by the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure grievant to appeal a grievance to the next step level within the specified time limit limits shall be deemed to be acceptance of the decision rendered at that step; providedlevel. Failure by the District at any level of this procedure to communicate the decision in writing on a grievance within the specified time limits shall advance the grievance to the next level. f. All documents, however, that such time limit communications and records of a grievance will be filed in the District Office separately from the personnel files. g. Grievance representative’s names shall be extended given to the District by the Association. h. Expenses for the arbitrator’s services and the proceedings shall be borne equally by the parties involved. However, each party shall be completely responsible for all costs of preparing and presenting its own case, including compensating its own representatives and witnesses. If either party desires a period not to exceed ten (10) days upon the written request record of the aggrieved personproceedings, it shall solely bear the cost of such record. 5. Forms for processing grievances i. If the grievant chooses to pursue the grievant’s claim through the court system, the Employment Relations Board or other outside agency, the grievance procedure shall be jointly prepared by the Superintendent cease and the Association, subject to approval by the Board. 6. Conferences and hearings any decision rendered under the grievance procedure shall not be conducted in public will become null and void. j. Written grievances shall be attended only by parties in interest, their designated representative submitted via email to the Chief Human Resources Officer so that they may be timestamped for tracking purposes and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10timelines. In the event that the Association and the Superintendent shall agree that a grievance affects is submitted in a group of teachersmanner other than email, then the grievance shall will be commenced at level II stamped upon receipt by Human Resources and an official from HR will send an email to the filing OSEA President indicating the date of written grievance with the Superintendentreceipt. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. 1In good faith consultation with Member Representative (on behalf of Sellers), Purchaser shall coordinate the overall development of the positions to be taken and the regulatory actions to be requested in such applications and filings for approval of the matters contemplated by this Agreement that require regulatory approval and of all other regulatory matters incidental thereto that are to be addressed in such applications and filings. The Association Sellers, the Company and Purchaser shall select promptly furnish to each other all information required for any application or other filing under the rules and certify regulations of any applicable Law in connection with the Transactions. Purchaser shall consult, in good faith, with Member Representative, the Company and the Company Subsidiaries in respect of any communications, meetings or other contacts, formal or informal, oral or written, with any Governmental Entity in connection with the Transactions (including with respect to the Superintendent a grievance representative in each building. 2. At HSR Approval) or any related declaration, filing, registration, notice, authorization, consent or approval, and shall provide Member Representative, the Company and the Company Subsidiaries with advance notice and an opportunity to attend all levels meetings and oral communications with any Governmental Entity relating to any of the grievance procedureforegoing. Purchaser will provide Member Representative, the aggrieved person Company and the Company Subsidiaries with reasonable advance opportunity to review and comment upon and will consider in good faith the views of Member Representative, the Company and the Company Subsidiaries in connection with all written communications with a Governmental Entity regarding the Transactions (including with respect to the HSR Approval) and will promptly provide Member Representative, the Company and the Company Subsidiaries with copies of all written communications to or from any Governmental Entity relating to the Transactions (including with respect to the HSR Approval). Neither Purchaser nor Member Representative shall have the right consent to be represented by a duly certified representative any voluntary delay of the Association and/or legal counsel and shall have Closing at the right to call witness(es) to testify on his or her behalf. 3. An aggrieved person may withdraw from behest of any Governmental Entity without the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step consent of the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; providedother, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure which consent shall not be conducted unreasonably withheld, delayed or conditioned. Prior to the earlier of the Closing and the termination of this Agreement in public and accordance with its terms, no party to this Agreement shall acquire or make an investment in, or agree to do either, any Person or any division or unit thereof that would reasonably be attended only by parties expected to prevent or cause a material delay in interest, their designated representative and necessary witnesses. 7the satisfaction of the condition set forth in Section 7.01(a). Nothing contained in this agreement shall be interpreted so as Section 6.02 will apply to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences restrict communications or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II other actions by the filing Company or the Company Subsidiaries with or with respect to Governmental Entities in connection with their business in the ordinary course of written grievance business consistent with the Superintendentpast practice. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (On Assignment Inc)

General Procedures. 1A. These procedures should be processed as rapidly as possible; the number of days indicated for settlement of appeal at each level should be considered maximum; the time limits can be extended by written mutual consent of the parties involved at any level of the procedure. B. All parties should attempt to complete the procedures by the end of the school year. The Association parties shall select and certify make good faith effort to shorten the Superintendent a number of days provided at the various steps in order to finish by the end of the school year and C. The school district recognizes the local employees association's grievance representative in each buildingcommittee. 2. At all levels of the grievance procedure, the aggrieved person shall D. All parties in interest have the a right to be represented by a duly certified representative consultants or representatives of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalftheir own choosing at each level of these grievance procedures, except arbitration. 3. An aggrieved person may withdraw from the grievance procedure at E. There shall be no restraint, interference, discrimination, or reprisal exerted on any time and the Association may withdraw its representation of an aggrieved person at any timeemployee choosing to use these procedures for resolution or grievances. 4. F. Failure at any step level of the grievance this procedure to communicate the decision in writing to the aggrieved person on a grievance within the specified time limit limits shall permit the aggrieved person to proceed to the next steplevel. Failure A grievance may be withdrawn at any step level without establishing precedent. G. All documents, communications, and records of the grievance procedure to appeal a grievance will be filed in the school district office separately from the personnel files. References to the next step within records, such as a summary, should be placed in the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved personappropriate personnel file(s). 5. H. Forms for processing grievances shall be jointly prepared by the Superintendent superintendent or his/her designated representative in cooperation with the Association and the Association, subject to approval will be printed and given appropriate distribution by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member facilitate operation of the bargaining unit from discussing, informally, with grievance procedure. I. If any member of the AdministrationAssociation's grievance committee is a party in interest to any grievance, he/she should not serve as the Association's grievance representative in the processing of such grievance. J. In the course of investigating any mattergrievance, including representatives of either party in interest who need to contact an alleged violation, misinterpretation employee or misapplication student in school will contact the building supervisor of the terms building being visited and will state the purpose of this agreementthe visit immediately upon arrival. 8. When K. Every effort will be made by all parties to avoid interruption of classroom and/or any other school-sponsored activities. L. Every effort will be made by all parties to avoid the unnecessary involvement of students in the grievance procedure. M. All parties in interest will process grievances after the regular workday, or at other times which do not interfere with assigned duties. N. Each grievance shall have to be initiated within ten (10) days after the occurrence of the cause for the complaint; however, if the aggrieved person is did not a member become aware of the Association, occurrence until a later date then he/she must initiate action within the Association shall have ten (10) days following his/her first knowledge of the right cause. In failing to thus initiate action he/she may be considered to have a representative presentno reasonable grievance. 9O. Financial Responsibility: Each party shall pay any and all costs incurred by said party. In Arbitration costs of the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses third arbitrator shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salaryborne equally by both parties. 10. In P. The grievance procedure will not be used while an aggrieved is under the event that jurisdiction of the Association and courts or has resorted to the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendentjudicial process. 11. In Q. Grievance at Level One and Level Two may be submitted directly to Level Four for a decision by mutual agreement in writing of the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reachedconcerned.

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. 1. The Association shall select select, and certify to the Superintendent District Superintendent, a grievance representative in for each buildingprincipal's area of responsibility. 2. At all levels of the grievance procedure, the aggrieved person shall have the right to be represented by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) witnesses to testify on his or her behalf. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step of the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to Level III and have the grievance considered at the next stepscheduled Board meeting. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit limits shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the School Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative representatives and necessary witnesses. 7. Nothing contained in this agreement Agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, violation or misinterpretation or misapplication of the terms of this agreementAgreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes purpose of processing grievances without diminution of salary. 109. In When the event that aggrieved person does not choose to be represented by the Association, the Association and shall have the Superintendent shall agree that right to have a grievance affects a group of teachers, then the grievance shall be commenced representative present except at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forthLevel 1-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.a.

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. 1. The Association shall select and certify to the Superintendent a grievance representative in each building. 2. At all levels of the grievance procedure, the aggrieved person shall have the right to be represented by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalf. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step of the grievance this procedure to communicate the decision Decision in writing to the aggrieved person on a grievance within the specified time limit limits shall permit the aggrieved person grievant to proceed to the next step. Failure of the Grievant or the Association to file an Appeal of the decision at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit limits shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such . 2. A Grievance may be withdrawn at any level without prejudice or record. 3. It will be the practice of all parties in interest to process grievances after the regular workday has ended or a specified time limit agreeable to both parties. 4. The time limits provided in this procedure shall be extended for a period strictly observed. In the event the grievance is not to exceed ten (10) days upon completely processed by the written request end of the aggrieved personschool term and strict adherence to the time limits may result in hardship to any party, continuation of procedure may be enacted by mutual agreement. 5. Forms for processing grievances Teacher’s legal rights - nothing contained herein shall be jointly prepared by the Superintendent deny to any teacher his rights under state or federal constitutions and the Association, subject to approval by the Boardlaws. 6. Conferences and hearings under All Grievances shall be filed at the “lowest possible level.” The lowest possible level means that level of the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnessesat which the administrator deciding the grievance has authority to make a decision. 7. Nothing contained in this agreement shall The Grievant may be interpreted so as to prevent a member represented at any and all steps of the bargaining unit from discussing, informally, with any member of Grievance Procedure by the Administration, any matter, including an alleged violation, misinterpretation Association or misapplication of the terms of this agreement. 8its affiliates. When the aggrieved person a Grievant is not a member of represented by the Association, the Association shall have the right to have be present and to state it views at any stage of this procedure when the grievance is resolved. 8. The fact that an employee files a representative presentgrievance shall not be recorded in his/her personnel file or in any filed used in the transfer, assignment, or promotion process; nor shall such fact be used in any recommendation for re- employment or recommendation for other employment; nor shall the Grievant, the Association or its officers or employees of the district be placed in jeopardy or be the subject of reprisal or discrimination for having followed or participated in this grievance procedure. 9. In Once the event grievance conferences or hearings are scheduled during school hoursGrievant has designated a representative, such representative shall receive a copy of all communications regarding the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salarygrievance. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Negotiated Agreement

General Procedures. 1. The Association All grievances shall select include the name and certify position of the aggrieved party, the identity of the provision of this Agreement alleged to have been violated, the time when and the place where the alleged events or conditions constituting the grievance existed, the identity of the party responsible for causing the said events or conditions, if known to the Superintendent aggrieved party, and a general statement of the nature of the grievance representative in each buildingand the redress sought by the aggrieved party. 2. At a. except for informal decisions at Paragraph 6, Stage 1 (a), all levels decisions shall be rendered in writing at each step of the grievance procedure, . Each decision shall be promptly transmitted to the aggrieved person party and the Association. b. If a grievance affects a significant number of unit members and appears to be associated with system-wide policies, it may be submitted by the Association directly at Stage 2 described below. c. The Town and the Association agree reasonably to facilitate any investigation which may be required and to make available to the aggrieved party all pertinent information not privileged under law in its possession or control and which is relevant to the issues raised by the grievance. d. Except as otherwise provided in Section 6, Stage 1, an aggrieved party and any party in interest shall have the right at all stages of a grievance to confront and cross- examine all witnesses called against him, to testify and to call witnesses on his/her own behalf, at the expense of the party calling such witnesses, and to be represented by furnished with a duly certified representative copy of any minutes of the Association and/or legal counsel proceedings made at each and shall have the right to call witness(es) to testify on his or her behalfevery stage of this grievance procedure. 3. An aggrieved person may withdraw from e. Forms for filing processing grievances and other documents necessary under the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step of the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent Town and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure The Chief of Police shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods provide for the purposes printing of appropriate forms. All documents, communications, and records dealing with the processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by kept in a confidential file separate from the personnel files of the participants. f. Any party may request that an official stenographic record be kept of any hearings pertaining to the filing of written grievance with an alleged grievance. The party requesting such stenographic service shall pay the Superintendentcosts thereof. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. A. The aggrieved must be present at Step 1 and may be present at all others. In processing the grievance, the grievant may: 1. The Association shall select and certify to the Superintendent a Represent themselves as described in Step 1 of this grievance representative in each building.procedure; or 2. At all levels Be represented by their union at the union’s expense. B. The number of days indicated at each level should be considered maximum, and every effort should be made to expedite the grievance procedure, the aggrieved person shall have the right process. C. It may at times become necessary to extend time limits. These extensions are to be represented kept to a minimum and must be mutually consented to in writing by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalfparties involved. 3. An aggrieved person may withdraw from the grievance procedure X. Xxxxxxx at any time and the Association may withdraw its representation Step of an aggrieved person at any time. 4. Failure at any step of the grievance this procedure to communicate the decision in writing to the aggrieved person on a grievance within the specified time limit limits shall permit the aggrieved person grievant to proceed to the next stepStep. Failure at any step Step of the grievance this procedure to appeal a grievance decision to the next step Step within the specified time limit limits shall be deemed to be acceptance of the decision rendered at that step; providedStep. E. The Board and its administrators shall cooperate with the grievant in the investigations of any grievance, however, that and further will furnish the grievant or their representative with such time limit necessary and readily available information as requested for the processing of any grievance. The ATU shall be extended for a period not to exceed ten (10) days upon the written request pay any reasonable and necessary costs of the aggrieved personDistrict in compiling and providing this information. 5. Forms for processing grievances F. Except as otherwise provided by law, an employee shall be jointly prepared by the Superintendent invoke and the Association, subject to approval by the Board. 6. Conferences and hearings under exhaust the grievance procedure remedies before resorting to any other legal or administrative remedies for the conduct complained of, and failure to do so shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnessespreclude resort to such other remedies. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member G. A representative of the bargaining unit from discussing, informally, with any member ATU may be present at all Steps of the Administration, any matter, including an alleged violation, misinterpretation or misapplication procedure. The ATU will be notified promptly of the terms of the final decision or settlement of any written grievance filed and may itself file a grievance based on an alleged inconsistency thereof with this agreementAgreement within five (5) days from receipt of such notice. 8. When the aggrieved person is H. The District shall continue to provide for employees covered by this Agreement a separate grievance procedure with respect to issues arising solely under policies and regulations, which are not a member of the Association, the Association shall have the right to have a representative presentcovered by this Agreement. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. 16.1 The affairs of LOVAG are directed and controlled by a Management Committee. The Association shall select and certify Each signatory body may have more than one nominated member to the Superintendent committee representing manufacturer interests, user interests and the certification bodies. Each signatory has one vote. Decisions at Management Committee meetings on general policy, publication of LOVAG Instructions and the acceptance of new members should be unanimous, but where a grievance representative in each building. 2. At vote is necessary, a two-thirds majority of votes of all levels signatories is sufficient.. A chairperson and a vice chairperson of the grievance procedure, the aggrieved person shall have the right to be represented by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalf. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step of the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit LOVAG Management Committee shall be deemed to be acceptance of elected by the decision rendered at that step; provided, however, that such time limit Management Committee. Candidates for chairperson and vice chairperson shall be extended for proposed and seconded at a period not to exceed ten (10) days upon the written request full meeting of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public Management Committee and shall be attended from different countries. Where there is more than one candidate for chairperson or vice chairperson they shall be elected by a simple majority each member country having one vote. The Chairperson and vice chairperson shall serve for three years and the vice chairperson would normally be elected chairperson for the subsequent three years and a new vice chairperson elected. The vice chairperson can become Chairperson of the Technical Committee. The Chairperson will be neutral in his conduct of committee meetings and will not normally be involved unless the chairperson is the only nominated member representing his member country when he shall be able to vote on all matters before the meeting. It is essential that all matters relevant to LOVAG are brought to the attention of the Management Committee for voting during a full meeting. On rare occasions where it is obvious that there is insufficient time to convene a full meeting and the chairperson is convinced it is in the interests of LOVAG to do so, the chairperson may decide on issues in consultations with the members and with the secretary. Management Committee members shall be informed of such decisions immediately and such decisions shall be confirmed or otherwise at the next meeting of the Management Committee. Full minutes of all Management Committee meetings shall be taken by parties in interest, their designated representative the secretary and necessary witnessescirculated to all nominated members within three weeks of the meeting. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of 6.2 The Management Committee is responsible for the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication maintenance of the terms of this agreementthe LOVAG Agreement. It shall strive for decision by consensus but where a vote is necessary, a two-thirds majority of votes of all signatories is sufficient. 86.3 LOVAG General Instruction, LOVAG Operational Documents and LOVAG Test Instructions are prepared by LOVAG Technical Committee comprising experts designated by the signatory bodies with a Chairman appointed by the Technical Committee, too. When the aggrieved person is not a member of the Association, the Association shall have Each LOVAG Certification Body has the right to have a representative presentrepresentation on Technical Committee. LOVAG General Instruction, and LOVAG Operational Documents must be approved by the LOVAG Management Committee and LOVAG Test Instructions must be approved by the Technical Committee. The overall programme of work of the Technical Committee is decided by the Management Committee. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods 6.4 LOVAG is not established for the purposes of processing grievances without diminution of salarycommercial reasons. 10. In 6.5 Members of LOVAG will inform customers and users of the event that agreed Objectives, Principles of Operation and Membership Requirements of LOVAG. 6.6 No Members of LOVAG shall make any public statement or issue printed publicity on the Association and the Superintendent shall agree that a grievance affects a group affairs of teachers, then the grievance shall be commenced at level II LOVAG in relation to matters not approved by the filing of written grievance with Management Committee. If a short term statement is necessary the Superintendentchairman has to circulate the statement to all members asking for comments within one week. No answer within a week, can be taken as approval. 11. In 6.7 If the event situation arises that both parties agree that no resolution is forth-comingmore than two signatories are registered in the same country, both parties may agree article 6.1 should be reviewed and a clear regulation should be fixed to move grievances to a level where a resolution can be readily reachedprevent dominance of one country within LOVAG.

Appears in 1 contract

Samples: Low Voltage Agreement

General Procedures. (1) The number of days for the processing of grievances indicated at each level should be considered as a maximum. The Association shall select and certify to the Superintendent a grievance representative in each buildingtime limits specified may, however, be extended or limited by written mutual consent. (2. At all levels ) Nothing herein contained will be construed as limiting the right of an aggrieved person to discuss the matter informally with any appropriate and authorized member of the administration of the District and have the grievance procedure, adjusted. (3) No grievance shall be considered or processed unless it shall have been presented at the appropriate level within ten (10) days after the aggrieved person shall knew or should have the right to be represented by a duly certified representative known of the Association and/or legal counsel and act or condition on which the grievance is based; and, if not so presented, the grievance shall have the right to call witness(es) to testify on his or her behalfbe considered forever waived. 3. (4) An aggrieved person may withdraw from the a grievance procedure at any time by notifying, in writing, the Superintendent of Schools and the Association Union. Any such grievance that is withdrawn shall be considered forever waived. (5) If a grievance affects more than one support employee at more than one site, the aggrieved persons may withdraw its representation submit such grievance in writing to the Superintendent, or his designee, and the processing of such grievances shall be commenced at Level Two. (6) When it is necessary at any level beyond Level One for an aggrieved person to attend a meeting or a hearing called by the Superintendent, or his designee, during the school day, the Superintendent, designee, shall so notify the principal or immediate supervisor of such persons and they shall be released without loss of pay for such time as their attendance is required at any timesuch meeting or hearing. 4. (7) Any aggrieved person or party in interest who is adversely affected by a disposition of a grievance may within the time limits provided for herein appeal to the next level. (8) Failure at any step of the grievance procedure this Procedure to communicate the decision in writing of a grievance within the specified time limits to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. level. (9) Failure by an aggrieved person or a party in interest at any step level of the grievance procedure this Procedure to appeal a the grievance to the next step level within the specified time limit limits shall be deemed to be acceptance of the decision rendered given at that step; provided, however, that such time limit shall be extended for a period not to exceed ten level. (10) days All necessary forms and documents for the filing of grievances, making reports and appeals regarding the alleged grievances, shall be approved by the Union and provided to the support employee upon his/her request to the written Director of Support Talent and will be posted on the School District's website. (11) Prior to initiating a civil action in any court, an aggrieved person or party in interest must exhaust all remedies provided by this Procedure. (12) All meetings and hearings conducted under the provisions of this Grievance Procedure (except as to Level Three before the Board of Education) shall be in private and are limited to the parties in interest. (13) A grievance file shall be maintained by the administration to contain all records regarding the processing of grievances filed by support personnel of the District. No grievance documents shall be filed in the support employee's personnel file. (14) At any level of the grievance process, the employee may be represented by any person who is not an on-duty employee of the District. (15) An aggrieved person may be represented by an authorized union representative or a representative of a statewide professional educators’ association when requested by the employee. (16) Any aggrieved person who desires Union representation must make such request to the Union within one day of filing the grievance at Level Two of the Grievance Procedure. Failure to timely notify the Union shall relieve the Union of all responsibility for representation of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member party during any stage of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreementGrievance Procedure. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. 1A. Forms for filing grievances ancl appeals from decisions arc appended to this agreement and made a part thomof The form, when completed, must include the provision 01 provisions claimed to be violated; the dato and place of the alleged violation; a statement of the alleged violntion; and, the redress sought. B. Decisions rcndcmd at each stage shall he in writing a11d include the reason(s) for tho decision. The Association shall select and certify DccisionB will be transmitted to the Superintendent a grievance representative in each building. 2. At all levels of the grievance procedure, the aggrieved person shall have the right party and to be represented by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalfdesignated representative. 3. An aggrieved person may withdraw C. If tho grievance affects a group or class of teachers and appears to ariRP from the grievance procedure alleged action of authority higher than tho immediate Lansingburgh TeachersAssociation supervisor or is associated with sys1.em-wido practices, it may be submittod by tho Association diredly at any time and the Association may withdraw its representation of an aggrieved person at any timeStage 2. 4. Failure at any step D. All documents, communications and records dealing with tho processing of a grievance shall ho filed separately from the pPrsonnel files of the pm"\.icipants, provided that this shall not, be construed to pmhibit including in the personnel files a notation of the final action as to a grievance procedure to communicate the decision in writing delermined adversely to the aggrieved person within the specified time limit teacher. The teacher and his or her representative shall permit the aggrieved person lie entitled to proceed to the next step. Failure at any step copies of the entire! file. E. No party in interesl, Building Represontative, member of the Grievance Committee or any other witness in a grievance prucedurn shall be penalized in any way or suffer any profossional disadvantages by reason of pai-ticipation in the processing of any grievance. Any part in interest may be represented at all stages of the griovancc procedure to appeal by a person of his or her own choosing, except that he or she may not ho i-epresented by an official roprosentative or an officer of any teacher oi-ganization other than the Association. F. Nothing contained heroin will be consil ued as limiting the right of any t.eacher having a grievance to discuss the next step within the specified time limit shall be deemed to be acceptance xxXxx informally with any appropriate member of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent tho administration and the Association, subject to approval by the Board. 6. Conferences and hearings under having the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member adjusted without intorvention of the Association. Tn any case, where the issue n1ised by the grievance affects a group or class of teachors, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence notified of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendentand liP given tho opportunity to stale i{,s views. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. 1. The Association All grievances shall select be in writing and certify include the name and position of the grievant, the identity of the contract provision involved, the day and place where the alleged event(s) or condition(s) contributing to the Superintendent grievance existed, the identity of the party responsible for causing said event(s) or condition(s), if known to the grievant, and a general statement of the nature of the grievance representative in each buildingand redress sought. Failure to provide said information will preclude the processing of said grievance upon written notice from the immediate supervisor to the grievant and COMBO. 2. At Except for informal decisions at Step 1, all levels of the grievance procedure, the aggrieved person decisions shall have the right to be represented by a duly certified representative of the Association and/or legal counsel rendered in writing and shall have be transmitted to the right to call witness(es) to testify on his or her behalfgrievant and COMBO. 3. An aggrieved person may withdraw from All meetings between the parties held pursuant to the grievance procedure at any time (except Step 1) shall be held outside the hours of employment unless otherwise mutually agreed upon. Preparation of grievances and other unilateral activities in connection with grievances shall be conducted outside the Association may withdraw its representation hours of an aggrieved person at any timeemployment. 4. Failure at For the purpose of facilitating the processing of grievances, each party will furnish the other, upon request, with any step of the grievance procedure and all documents which they are required by law to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved personfurnish. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall herein will be interpreted so construed as limiting the right of any unit member having a grievance to prevent a discuss the matter informally with any appropriate member of the bargaining unit from discussing, informally, with any member administration and to have the grievance informally adjusted without intervention of the AdministrationCOMBO, any matter, including an alleged violation, misinterpretation or misapplication of provided the adjustment is not inconsistent with the terms of this agreement. 8. When Agreement and COMBO has been given an opportunity to be present at such adjustment and to state its views on the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10grievance. In the event that any grievance is adjusted without formal determination, pursuant to this procedure, such adjustment shall be final and binding upon the Association and grievant but shall not create a precedent or ruling binding upon either of the Superintendent shall agree that a parties to this Agreement in future proceedings. 6. If any provision of this grievance affects a procedure or any application thereof to any employee or group of teachersemployees in the unit shall be finally determined by any court to be contrary to law, then such provision or application shall be deemed invalid, but all other provisions or applications will continue in full force and effect. 7. Grievances shall be submitted to Step 1 within fifteen ( 15) working days of the act, event or occurrence giving rise to the grievance or it shall be commenced at level II barred and there shall be no right to process the grievance. 8. Failure by the filing of written grievant after Step 1 to process said grievance with within the Superintendenttime frames set forth herein shall be considered a bar and there shall be no right to process the grievance any further. 119. In Should the event that both parties agree that no resolution is forth-comingemployer or their representative not process the grievance in a timely fashion, both parties the grievant may agree move to move grievances to a level where a resolution can be readily reached.the next step of the grievance

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. 1The following general grievance procedures shall be followed when processing a grievance under this Article: A. Grievances of like nature may be consolidated at an appropriate level of this grievance procedure. B. The number of days indicated at each level should be considered as a maximum, and every effort should be made to expedite the process. Failure by the Association or the Grievant to take action within any time limit specified in this Article shall cause the grievance to automatically be waived, forfeited, and dropped, and the grievance shall thereafter not be subject to the grievance procedures set forth in this Article. The Association time limits specified may, however, be extended by mutual agreement in writing. If any time limit specified in this Article extends into Spring Break, Winter Break, or Summer Break, when the grievant is not assigned to work, any applicable time limitation in this Article shall select and certify be automatically extended by ten (10) business days. Failure of the District or its representatives to take action within the time limits specified shall result in the matter being automatically passed to the Superintendent a grievance representative in each building. 2. At all levels next step of the grievance procedure. C. All documents, communications, and records specifically dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants. D. Time spent by employees, whether Grievant or Representative, in the processing of grievances, shall be, to the degree possible, at times when such employees are free from assigned duties. E. All meetings and/or hearings under this procedure shall be conducted in private and should normally include only the witnesses and parties referred to herein. F. Should any District administrator or supervisor referred to herein be unavailable to perform the specific functions under this Article, the aggrieved person Superintendent or Board may designate a substitute to perform those functions and shall have the right to be represented by a duly certified representative of notify the Association and/or legal counsel and of such change. Such designation shall be made within the time limit within which the unavailable administrator or supervisor was to have the right to call witness(es) to testify on his or her behalftaken action under this Article. 3. An aggrieved person may withdraw from G. No reprisal of any kind shall be taken by the Board, the Administration, the Association, any employee, or participant/ witness against any Grievant or other participant in the grievance procedure procedure. H. If the Grievant or the Association at any time and during the Association proceedings set forth herein, files for relief and/or a remedy through any other legitimate forum including the courts, local, state, or federal agency, for a redress of the same or substantially similar questions of fact, the grievance procedures may withdraw its representation be suspended by the District, pending resolution of an aggrieved person at any timesuch issues by the chosen forum. 4I. The Grievant may be accompanied, if desired, by an Association representative. Failure at any step The accompanying individual may assist the Grievant in the presentation of the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved persongrievance. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. 1. The Association shall select Rights of Grievant: A grievant may appear on his own behalf or may be represented at any and certify to the Superintendent a grievance representative in each building. 2. At all levels steps of the grievance procedureprocedure by the bargaining agent, or by any other person of the aggrieved's choice, except that the aggrieved person may not be represented by an officer or employee of any teachers' organization other than the recognized bargaining agent. A grievant shall have the right to present a claim in accordance with the procedure described herein, free from interference, coercion, discrimination, or reprisal, except that it shall be represented by a duly certified representative subject to the right of the Association and/or legal counsel bargaining agent to be present at the settlement and offer testimony provided that the settlement is not inconsistent with the terms of the agreement. No grievance may be submitted to arbitration without the consent of the bargaining agent. Any grievance may be dealt with by the grievant seeking redress with the immediate supervisor; however, this informal procedure does not preclude the filing of any grievance at the formal level. Any grievance not settled at an informal level shall be reduced to writing (see Appendix A) and shall have state the right to call witness(es) to testify on his alleged violation, misapplication, infringement, or her behalf. 3misinterpretation, and the relief sought. An aggrieved person The fact that a grievant files a grievance shall not be recorded in the grievant's personal file, or in any file used in the transfer, assignment, or promotion process, nor shall such fact be used in any recommendation for re-employment or recommendation for other employment, nor shall the grievant be placed in jeopardy or be the subject for reprisal or discrimination for having followed or utilized this grievance procedure. Time limits specified herein are considered maximum; however, they may withdraw from be extended by written agreement of the parties. If the grievance procedure at any time and is not filed in a timely fashion or advanced to the Association may withdraw next step by the grievant in a timely manner, it shall be deemed waived. If the Board or its representation of an aggrieved person at any time. 4. Failure at any step of agent fails to meet the timelines, the grievance procedure to communicate the decision in writing to the aggrieved person within the specified time limit shall permit the aggrieved person to proceed advance to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Master Agreement

General Procedures. 1. The Association shall select and certify a) To be entertained, a grievance must be filed at the first available stage within twenty (20) days after the act or condition upon which the grievance is based or twenty (20) days from the date the aggrieved first had knowledge of such occurrence. b) If a decision at one stage is not appealed to the Superintendent a next stage of the procedure within the time limit specified, the grievance representative in each buildingshall be deemed to be discontinued and further appeal under this agreement shall be barred. 2c) In the event of the unexcused failure on the part of an aggrieved party to be timely, the grievance shall be deemed to be withdrawn. At If the employer or designee fails to make a decision within the required time period, the grievance (including remedy sought) shall be deemed to be upheld and in all levels respects final and binding upon the parties. d) An employee who is invoking the grievance procedure shall so state the grievance in writing, giving a detailed statement which defines the nature of this grievance; this will be done at each stage of filing for grievances. e) All decisions shall be ordered in writing at each step of the grievance procedure, the aggrieved person shall have the right to be represented by a duly certified representative setting forth findings of facts, conclusions and supporting reasons thereof. A copy of the Association and/or legal counsel and decision at each stage shall have the right to call witness(es) to testify on his or her behalf. 3. An aggrieved person may withdraw from the grievance procedure at any time and the Association may withdraw its representation of an aggrieved person at any time. 4. Failure at any step of the grievance procedure to communicate the decision in writing be promptly transmitted to the aggrieved person within party and the specified time limit shall permit Unit President, such copy to be placed in the aggrieved person to proceed to the next step. Failure at any step possession of the grievance procedure parties no later than the expiration of the applicable time limit. f) The Grievance Committee is entitled to appeal a grievance to the next step within the specified time limit submit grievances directly. Grievances shall be deemed to be acceptance of the decision rendered initiated normally at that step; provided, however, that such time limit shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5. Forms for processing grievances shall be jointly prepared by the Superintendent and the Association, subject to approval by the Board. 6. Conferences and hearings under the grievance procedure shall not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right to have a representative present. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10Stage 1. In the event that the Association and the Superintendent shall agree that a grievance affects more than one school, or involves a group matter over which the immediate supervisor has no authority, it may be initiated at Stages 2, 3, or 4. g) The preparation and processing of teachersgrievances shall be conducted at mutually acceptable times. The time, then place and date of meetings shall be decided upon between the appropriate Unit representatives and School District within five (5) days after the receipt of a request for such a meeting. h) The Board, the Administration, the Unit and the aggrieved party shall facilitate any investigation which may be required and make available any and all materials and relevant documents, communications, and records concerning the alleged grievance. i) All documents, communications and records dealing with the processing of a grievance shall be commenced at level II by filed separately from the filing personnel files of written grievance with the Superintendentparticipants, unless corrective action results against an employee. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Collective Bargaining Agreement

General Procedures. A. All written grievances shall contain the following information, to the extent known at the time of filing: 1. The Association shall select the name and certify to job classification of the Superintendent a grievance representative in each building.grievant or xxxxxxxxx: 2. At all levels the date of the grievance procedure, alleged action or omission which lead to the aggrieved person shall have the right to be represented by a duly certified representative of the Association and/or legal counsel and shall have the right to call witness(es) to testify on his or her behalf.grievance: 3. An aggrieved person may withdraw from a statement of the grievance procedure at any time and facts know to the Association may withdraw its representation of an aggrieved person at any time.Employee and/or the Union supporting the grievance: 4. Failure at any step a list of articles and sections within the collective bargaining agreement that have been violated: 5. the remedy sought: and 6. the signature of the grievance procedure to communicate grievant or grievants. B. Should the decision Employer not comply with the time limits specified in writing to this Article, the aggrieved person within Union may advance the specified time limit shall permit the aggrieved person to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within higher step. Any grievance not filed by the specified Union according the procedures and time limit frames in Section 4 below shall be deemed to have been waived and shall not be acceptance entitled to further consideration. X. Xxxxxxxxxx filed by the Employer shall be filed with PSEA’s Executive Director. D. “Days” as used within this Article is defined as calendar days, unless specified otherwise. E. Fax delivery of grievances and responses between the Union and the Employer shall be acceptable. F. In all instances, Employer responses shall be delivered to PSEA in Anchorage as the official recipient of grievance responses. G. The time limits herein stated may be extended by written mutual agreement of the decision rendered at that step; providedparties. Such mutual written agreement may be transmitted via US mail, howevera fax, that such time limit e-mail or other reliable written electronic communication. H. “Class action grievances” shall be extended for a period not to exceed ten (10) days upon the written request of the aggrieved person. 5defined as grievance affecting more than one Union Employee. Forms for processing Class action grievances shall be jointly prepared by filed at Step 2. For purposes of signing the Superintendent and grievance as required above, a single grievant may sign on behalf of the Association, subject to approval by the Boardentire class. 6. Conferences and hearings under I. Disciplinary action greater than a Letter of Reprimand shall be filed at Step 2. X. A grievance may be filed at a higher step if the recipient of the grievance procedure shall does not be conducted in public and shall be attended only by parties in interest, their designated representative and necessary witnesses. 7. Nothing contained in this agreement shall be interpreted so as to prevent a member of the bargaining unit from discussing, informally, with any member of the Administration, any matter, including an alleged violation, misinterpretation or misapplication of the terms of this agreement. 8. When the aggrieved person is not a member of the Association, the Association shall have the right power or authority to have a representative presentgrant the relief requested upon mutual agreement between the parties. 9. In the event grievance conferences or hearings are scheduled during school hours, the aggrieved person, the Association representative and necessary witnesses shall be permitted to attend such conferences or hearings and no salary deduction shall be made in consequence of such attendance. In addition, aggrieved persons, Association representatives and essential witnesses shall be permitted to use unassigned periods for the purposes of processing grievances without diminution of salary. 10. In the event that the Association and the Superintendent shall agree that a grievance affects a group of teachers, then the grievance shall be commenced at level II by the filing of written grievance with the Superintendent. 11. In the event that both parties agree that no resolution is forth-coming, both parties may agree to move grievances to a level where a resolution can be readily reached.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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