Common use of General Provisions and Terms Clause in Contracts

General Provisions and Terms. A. A grievance must be initiated within fifteen (15) days (refer to Section 2-H for definition of days) after discovery of the occurrence of the act or omission giving rise to the alleged grievance. Repeated or continued conduct by the College related to the act or omission giving rise to the grievance, or actions by the College causing the Faculty Member to believe the issue may be resolved without need to initiate a grievance, shall toll the time period in which the grievance must be initiated. Any time periods or deadlines herein may be extended by mutual agreement of the parties. If the parties agree on an extension of a particular deadline, and no set amount of days is stated, the default shall be to extend the period for an amount of days equal to that of the original time period. If the person acting on behalf of the College fails to meet a responsive deadline, the Grievant may proceed to the next step or level as if the person had timely responded. A grievance involving compensation may be grieved at any time. B. The Faculty Association may join multiple Members in a single grievance to assert a right to relief with regard to an issue or matter that impacts such Members jointly, and severally under similar facts, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of contract or policy common to all grieving members is present. C. A grievance may be withdrawn at any step or level. D. At Level 1 of the formal grievance procedure, the Grievant must clearly state or provide the contract provision, or College Policy/Procedures listed within Section 5 Tables B & C that is alleged to have been violated. E. Nothing herein contained shall be construed as limiting the right of any Member having a grievance to discuss the matter informally with any member of the administration. F. To preserve the informal atmosphere, no tape recording may be made during the informal grievance procedure. With notice to all present, tape recordings may be made of meetings involved in the formal grievance procedure. A copy of the recording shall be made available to any person present at such meeting. G. At any level of the grievance procedure, either party may have up to three (3) representatives of their choice present as observers who may also serve as consultants to the parties. Unless the parties agree, no party shall have as a representative any person who may be involved in the facilitation of the grievance at a subsequent level. For example, during Informal Step 1, it would be inappropriate for the Xxxx to have as a representative the Vice President of Human Resources or the Grievant to have as a representative any member of the Peer Review Committee. H. At any level of the grievance procedure, one (1) Association Grievance Representative may attend and participate in any meeting, hearing, appeal, or other proceeding related to a Member grievance. The Association Grievance Representative acting in this role will not count toward the Member’s three (3) representatives provided for the above. Moreover, at any meeting or other proceeding in the formal grievance procedure, any party, upon providing reasonable notice to all parties, may have legal representation who may participate in such meeting or proceeding. I. Nothing contained herein shall be construed to prevent any Association Member from presenting a grievance and having the grievance adjudicated without the intervention of the Association. If an Association Member does not want an Association Grievance Representative to participate in the process at any level, the Association Grievance Representative may still attend but must do so strictly as an observer and may not participate. J. At any level of the grievance procedure, either party shall have the right to bring in witnesses to present factual information regarding the grievance. Such testimony may also be offered in the form of an affidavit. K. All documents, communications and records retained by the College pertaining to a Member grievance shall be filed separately from the Personnel Files of the participants. L. All meetings and hearings under this procedure through Level 3 shall not be conducted in public and shall include only the parties, their designated or selected representatives, individuals designated as fact witnesses, and individuals representing the Association. M. In the course of any investigation of a grievance, the Grievant, designated representatives of the Grievant, designated representatives of the College, members of a sitting Peer Review Panel, or a Faculty Association Grievance Representative investigating such grievance may contact the Vice President for Instruction for the purpose of obtaining information relevant to the investigation. The Vice President for Instruction shall cooperate fully and timely in providing the requested information. N. If, in the judgment of the Association, certain grievable conduct affects a group or class of Association Members, the Association may initiate a grievance on behalf of the Association, and may initiate such grievance at any level of the grievance procedure the Association deems appropriate to obtain immediate resolution of the issue. This term shall not prevent or limit the Association’s right to bring a complaint before the Commission on Industrial Relations for adjudication of prohibited practice. O. Certain grievance forms shall be used in processing grievances: a. Request for Peer Review b. Peer Review Panel Findings and Recommendations c. Grievance Form 1 (to initiate Formal Level 1) d. Grievance Form 2 (to initiate Formal Level 2) e. Grievance Form 3 (to initiate Formal Level 3) f. Demand to Arbitrate (to initiate binding arbitration) X. Xx reprisals of any kind shall be taken by the College against any party in interest, any representative, any Member, or any other participant in the grievance procedure by reason of such participation, and no action or inaction by the College upon which a grievance is based shall have effect during the pendency of the grievance. Q. At any level in the formal grievance procedure through Level 3, any decision made by the administrator at that level must be in writing and accompanied by the reasoning or justification for the decision. A meeting between the Grievant and the administrator must occur at each level in the formal grievance procedure to discuss the issue and for clarity. R. At each level of the grievance procedure, the Grievant must provide the reasoning or justification for appealing the decision made at the previous level, including identification of the alleged misapplication of the applicable contract provision or College policy or procedure, and the facts which support such allegation. S. At any level in the grievance procedure, the Grievant and the administrator charged with making a determination at that Level may mutually agree to initiate and utilize the mediation process as set forth herein. T. No grievance shall be denied solely on the basis that a Grievant failed to adhere to a particular term or requirement of the grievance procedure if the Grievant can present good and verifiable justification for such failure, or where a denial on this basis would result in an outcome contrary to the purpose of this procedure or the parties’ duty to proceed in good faith.

General Provisions and Terms. A. A grievance must be initiated within fifteen (15) days (refer to Section 2-H for definition of days) after discovery of the occurrence of the act or omission giving rise to the alleged grievance. Repeated or continued conduct by the College related to the act or omission giving rise to the grievance, or actions by the College causing the Faculty Member to believe the issue may be resolved without need to initiate a grievance, shall toll the time period in which the grievance must be initiated. Any time periods or deadlines herein may be extended by mutual agreement of the parties. If the parties agree on an extension of a particular deadline, and no set amount of days is stated, the default shall be to extend the period for an amount of days equal to that of the original time period. If the person acting on behalf of the College fails to meet a responsive deadline, the Grievant may proceed to the next step or level as if the person had timely responded. A grievance involving compensation may be grieved at any time. B. The Faculty Association may join multiple Members in a single grievance to assert a right to relief with regard to an issue or matter that impacts such Members jointly, jointly and severally under similar facts, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of contract or policy common to all grieving members is present. C. A grievance may be withdrawn at any step or level. D. At Level 1 of the formal grievance procedure, the Grievant must clearly state or provide the contract provision, or College Policy/Procedures listed within Section 5 Tables B & C that is alleged to have been violated. E. Nothing herein contained shall be construed as limiting the right of any Member having a grievance to discuss the matter informally with any member of the administration. F. To preserve the informal atmosphere, no tape recording may be made during the informal grievance procedure. With notice to all present, tape recordings may be made of meetings involved in the formal grievance procedure. A copy of the recording shall be made available to any person present at such meeting. G. At any level of the grievance procedure, either party may have up to three (3) representatives of their choice present as observers who may also serve as consultants to the parties. Unless the parties agree, no party shall have as a representative any person who may be involved in the facilitation of the grievance at a subsequent level. For example, during Informal Step 1, it would be inappropriate for the Xxxx to have as a representative the Vice President of Human Resources or the Grievant to have as a representative any member of the Peer Review Committee. H. At any level of the grievance procedure, one (1) Association Grievance Representative may attend and participate in any meeting, hearing, appeal, or other proceeding related to a Member grievance. The Association Grievance Representative acting in this role will not count toward the Member’s three (3) representatives provided for the above. Moreover, at any meeting or other proceeding in the formal grievance procedure, any party, upon providing reasonable notice to all parties, may have legal representation who may participate in such meeting or proceeding. I. Nothing contained herein shall be construed to prevent any Association Member from presenting a grievance and having the grievance adjudicated without the intervention of the Association. If an Association Member does not want an Association Grievance Representative to participate in the process at any level, the Association Grievance Representative may still attend but must do so strictly as an observer and may not participate. J. At any level of the grievance procedure, either party shall have the right to bring in witnesses to present factual information regarding the grievance. Such testimony may also be offered in the form of an affidavit. K. All documents, communications and records retained by the College pertaining to a Member grievance shall be filed separately from the Personnel Files of the participants. L. All meetings and hearings under this procedure through Level 3 shall not be conducted in public and shall include only the parties, their designated or selected representatives, individuals designated as fact witnesses, and individuals representing the Association. M. In the course of any investigation of a grievance, the Grievant, designated representatives of the Grievant, designated representatives of the College, members of a sitting Peer Review Panel, or a Faculty Association Grievance Representative investigating such grievance may contact the Vice President for Instruction for the purpose of obtaining information relevant to the investigation. The Vice President for Instruction shall cooperate fully and timely in providing the requested information. N. If, in the judgment of the Association, certain grievable conduct affects a group or class of Association Members, the Association may initiate a grievance on behalf of the Association, and may initiate such grievance at any level of the grievance procedure the Association deems appropriate to obtain immediate resolution of the issue. This term shall not prevent or limit the Association’s right to bring a complaint before the Commission on Industrial Relations for adjudication of prohibited practice. O. Certain grievance forms shall be used in processing grievances: a. 1. Request for Peer Review b. 2. Peer Review Panel Findings and Recommendations c. 3. Grievance Form 1 (to initiate Formal Level 1) d. 4. Grievance Form 2 (to initiate Formal Level 2) e. 5. Grievance Form 3 (to initiate Formal Level 3) f. 6. Demand to Arbitrate (to initiate binding arbitration) X. Xx reprisals of any kind shall be taken by the College against any party in interest, any representative, any Member, or any other participant in the grievance procedure by reason of such participation, and no action or inaction by the College upon which a grievance is based shall have effect during the pendency of the grievance. Q. At any level in the formal grievance procedure through Level 3, any decision made by the administrator at that level must be in writing and accompanied by the reasoning or justification for the decision. A meeting between the Grievant and the administrator must occur at each level in the formal grievance procedure to discuss the issue and for clarity. R. At each level of the grievance procedure, the Grievant must provide the reasoning or justification for appealing the decision made at the previous level, including identification of the alleged misapplication of the applicable contract provision or College policy or procedure, and the facts which support such allegation. S. At any level in the grievance procedure, the Grievant and the administrator charged with making a determination at that Level may mutually agree to initiate and utilize the mediation process as set forth herein. T. No grievance shall be denied solely on the basis that a Grievant failed to adhere to a particular term or requirement of the grievance procedure if the Grievant can present good and verifiable justification for such failure, or where a denial on this basis would result in an outcome contrary to the purpose of this procedure or the parties’ duty to proceed in good faith.

General Provisions and Terms. A. A grievance must be initiated within fifteen (15) days (refer to Section 2-H for definition of days) after discovery of the occurrence of the act or omission giving rise to the alleged grievance. Repeated or continued conduct by the College related to the act or omission giving rise to the grievance, or actions by the College causing the Faculty Member to believe the issue may be resolved without need to initiate a grievance, shall toll the time period in which the grievance must be initiated. Any time periods or deadlines herein may be extended by mutual agreement of the parties. If the parties agree on an extension of a particular deadline, and no set amount of days is stated, the default shall be to extend the period for an amount of days equal to that of the original time period. If the person acting on behalf of the College fails to meet a responsive deadline, the Grievant may proceed to the next step or level as if the person had timely responded. A grievance involving compensation may be grieved at any time. B. The Faculty Association may join multiple Members in a single grievance to assert a right to relief with regard to an issue or matter that impacts such Members jointly, jointly and severally under similar facts, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of contract or policy common to all grieving members is present. C. A grievance may be withdrawn at any step or level. D. At Level 1 of the formal grievance procedure, the Grievant must clearly state or provide the contract provision, or College Policy/Procedures listed within Section 5 Tables B & C that is alleged to have been violated. E. Nothing herein contained shall be construed as limiting the right of any Member having a grievance to discuss the matter informally with any member of the administration. F. To preserve the informal atmosphere, no tape recording may be made during the informal grievance procedure. With notice to all present, tape recordings may be made of meetings involved in the formal grievance procedure. A copy of the recording shall be made available to any person present at such meeting. G. At any level of the grievance procedure, either party may have up to three (3) representatives of their choice present as observers who may also serve as consultants to the parties. Unless the parties agree, no party shall have as a representative any person who may be involved in the facilitation of the grievance at a subsequent level. For example, during Informal Step 1, it would be inappropriate for the Xxxx to have as a representative the Vice President of Human Resources or the Grievant to have as a representative any member of the Peer Review Committee. H. At any level of the grievance procedure, one (1) Association Grievance Representative may attend and participate in any meeting, hearing, appeal, or other proceeding related to a Member grievance. The Association Grievance Representative acting in this role will not count toward the Member’s three (3) representatives provided for the above. Moreover, at any meeting or other proceeding in the formal grievance procedure, any party, upon providing reasonable notice to all parties, may have legal representation who may participate in such meeting or proceeding. I. Nothing contained herein shall be construed to prevent any Association Member from presenting a grievance and having the grievance adjudicated without the intervention of the Association. If an Association Member does not want an Association Grievance Representative to participate in the process at any level, the Association Grievance Representative may still attend but must do so strictly as an observer and may not participate. J. At any level of the grievance procedure, either party shall have the right to bring in witnesses to present factual information regarding the grievance. Such testimony may also be offered in the form of an affidavit. K. All documents, communications and records retained by the College pertaining to a Member grievance shall be filed separately from the Personnel Files of the participants. L. All meetings and hearings under this procedure through Level 3 shall not be conducted in public and shall include only the parties, their designated or selected representatives, individuals designated as fact witnesses, and individuals representing the Association. M. In the course of any investigation of a grievance, the Grievant, designated representatives of the Grievant, designated representatives of the College, members of a sitting Peer Review Panel, or a Faculty Association Grievance Representative investigating such grievance may contact the Vice President for Instruction for the purpose of obtaining information relevant to the investigation. The Vice President for Instruction shall cooperate fully and timely in providing the requested information. N. If, in the judgment of the Association, certain grievable conduct affects a group or class of Association Members, the Association may initiate a grievance on behalf of the Association, and may initiate such grievance at any level of the grievance procedure the Association deems appropriate to obtain immediate resolution of the issue. This term shall not prevent or limit the Association’s right to bring a complaint before the Commission on Industrial Relations for adjudication of prohibited practice. O. Certain grievance forms shall be used in processing grievances: a. 1. Request for Peer Review b. 2. Peer Review Panel Findings and Recommendations c. 3. Grievance Form 1 (to initiate Formal Level 1) d. 4. Grievance Form 2 (to initiate Formal Level 2) e. 5. Grievance Form 3 (to initiate Formal Level 3) f. 6. Demand to Arbitrate (to initiate binding arbitration) X. Xx P. No reprisals of any kind shall be taken by the College against any party in interest, any representative, any Member, or any other participant in the grievance procedure by reason of such participation, and no action or inaction by the College upon which a grievance is based shall have effect during the pendency of the grievance. Q. At any level in the formal grievance procedure through Level 3, any decision made by the administrator at that level must be in writing and accompanied by the reasoning or justification for the decision. A meeting between the Grievant and the administrator must occur at each level in the formal grievance procedure to discuss the issue and for clarity. R. At each level of the grievance procedure, the Grievant must provide the reasoning or justification for appealing the decision made at the previous level, including identification of the alleged misapplication of the applicable contract provision or College policy or procedure, and the facts which support such allegation. S. At any level in the grievance procedure, the Grievant and the administrator charged with making a determination at that Level may mutually agree to initiate and utilize the mediation process as set forth herein. T. No grievance shall be denied solely on the basis that a Grievant failed to adhere to a particular term or requirement of the grievance procedure if the Grievant can present good and verifiable justification for such failure, or where a denial on this basis would result in an outcome contrary to the purpose of this procedure or the parties’ duty to proceed in good faith.