Common use of Grievance and Parties Defined Clause in Contracts

Grievance and Parties Defined. A grievance is defined as a claim that the District has violated an express term of this Agreement and that by reason of such violation the grievant's rights under this Agreement have been adversely affected. Grievances as so defined may be filed by: a. An employee; b. The Union on behalf of an identified employee or group of employees where the claims are similar. On filing a grievance on behalf of a group, the Union must specify the names of the employees on whose behalf the grievance is being filed, and indicate the nature and scope of the claim; or c. The Union on its own behalf as to alleged violations of rights granted to the Union in this Agreement. 1.1 All matters and disputes which do not fall within the above definition of a grievance are excluded from this procedure, including but not limited to those matters for which other methods of adjustment are provided. Also excluded from this grievance procedure are those matters so indicated elsewhere in this Agreement. Claimed violations of Article VI (Non-Discrimination) are to be handled through the Equal Opportunity Section or under appropriate statutory and/or judicial procedures and are not subject to the grievance procedure of this article. 1.2 If the same or essentially the same grievance is filed by more than one employee, then one grievant may process the grievance under this Article on behalf of the other involved grievants. The final determination of that grievance shall apply to the remaining pending grievances. 1.3 The respondent in any grievance shall be the District itself rather than any individual administrator. 1.4 Unless the parties mutually agree to the contrary, the filing or pendency of a grievance shall not delay or interfere with any District action while the grievance is being processed. By the same token, if it is later determined that the grievance is meritorious, nothing in the foregoing sentence shall preclude remedial relief covering the period during which the grievance was being processed. 1.5 Processing and discussing the merits of a grievance shall not be considered a waiver by the District of a defense that the matter is not grievable or not subject to arbitration under this Agreement, or that the grievance should be denied for other reasons which do not go to the merits.

Grievance and Parties Defined. A grievance is defined as a claim that the District has violated an express term of this Agreement and that by reason of such violation the grievant's rights under this Agreement have been adversely affected. Grievances as so defined may be filed by: a. An employee; b. The Union on behalf of an identified employee or group of employees where the claims are similar. On filing a grievance on behalf of a group, the Union must specify the names of the employees on whose behalf the grievance is being filed, and indicate the nature and scope of the claimemployee(s); or c. The Union on its own behalf as to alleged violations of rights granted to the Union in this Agreement. 1.1 All other matters and disputes which do not fall within of any nature are beyond the above definition scope of a this grievance are excluded from this procedure, including but not limited to those matters for which other methods of adjustment are providedprovided by the District, such as reductions in force; examination procedures, results and references; performance evaluations; disciplinary matters; and complaints by one employee about another. Also excluded from this grievance procedure are those matters so indicated elsewhere in this Agreement. Claimed violations of Article VI VII (Non-Discrimination) are to be handled through the Equal Opportunity Section or under appropriate statutory and/or judicial procedures and are not subject to the grievance procedure of this articlesubject to Article V (Grievance Procedure). 1.2 The respondent in any grievance shall be the District itself rather than any individual administrator. 1.3 If the same grievance or essentially the same grievance is filed by more than one employee, then one grievant may employee may, upon the District’s agreement, process the grievance under this Article on behalf of the other involved grievants. The final determination of that grievance shall apply to the remaining other pending grievances. 1.3 1.4 The respondent in any grievance shall be the District itself rather than any individual administrator. 1.4 Unless the parties mutually agree to the contrary, the filing or pendency of a grievance shall not delay or interfere with implementation of any District action while during the grievance is being processed. By processing thereof unless the same token, if it is later determined that parties agree to the grievance is meritorious, nothing in the foregoing sentence shall preclude remedial relief covering the period during which the grievance was being processedcontrary. 1.5 Processing and discussing the merits of a grievance shall not be considered a waiver by the District of a the defense that the matter is not neither grievable or not nor subject to arbitration under this Agreement, Agreement or that the grievance should be denied for other reasons which do not go to the merits.

Grievance and Parties Defined. A grievance is defined as a claim that the District has violated an express term of this Agreement and that by reason of such violation the grievant's ’s rights under this Agreement have been adversely affected. Grievances as so defined may be filed by: a. An employee; b. The Union by the affected employee or by UTLA on its own behalf or on behalf of an identified individual employee or group of employees where the claims are similar. On filing a grievance on behalf of a group, the Union must UTLA need not specify the names of the employees on whose behalf employees, but must describe the grievance is being filed, and indicate group so that the District has notice of the nature and scope of the claim; or c. The Union on its own behalf as to alleged violations of rights granted to the Union in this Agreement. 1.1 All matters and disputes disputes, which do not fall within the above definition of a grievance grievance, are excluded from this procedure, including but not limited to those matters for which other methods of adjustment are provided, such as reductions in force and dismissals. Also excluded from this grievance procedure are those matters so indicated elsewhere in this Agreement. Claimed violations of Article VI VII (Non-Discrimination) ), are to be handled through the Equal Opportunity Section or under appropriate statutory and/or judicial procedures and rather than under this grievance procedure; however, claims of discrimination based upon UTLA affiliation are not subject to the this grievance procedure of this articleprocedure. 1.2 If the same or essentially the same grievance is filed by more than one employee, then one grievant may process the grievance under this Article on behalf of the other involved grievants. The final determination of that grievance shall apply to the remaining pending grievancesall such grievants. 1.3 The respondent in any grievance shall be the District itself rather than any individual administrator. 1.4 Unless the parties mutually agree to the contrary, the filing or pendency of a grievance shall not delay or interfere with any District action while the grievance is being processed. By the same token, if it is later determined that the grievance is meritorious, nothing in the foregoing sentence shall preclude remedial relief covering the period during which the grievance was being processed, including the applicable portion of the 15-day period preceding the filing of the grievance. See also Article XIV, Section 30.0. 1.5 Processing and discussing the merits of a grievance shall not be considered a waiver by the District of a defense that the matter is not grievable arbitrable or not subject to arbitration under this Agreement, or that the grievance should be denied for other reasons which do not go to the merits.

Grievance and Parties Defined. A grievance is defined as a claim that the District has violated an express term of this Agreement and that by reason of such violation the grievant's rights under this Agreement have been adversely affected. Grievances as so defined may be filed by: a. An employee; b. The Union CSEA on behalf of an identified employee or group of employees where the claims are similar. On filing a grievance on behalf of a group, the Union must specify the names of the employees on whose behalf the grievance is being filed, and indicate the nature and scope of the claimemployee(s); or c. The Union CSEA on its own behalf as to alleged violations of rights granted to the Union CSEA in this Agreement. 1.1 All other matters and disputes which do not fall within of any nature are beyond the above definition scope of a this grievance are excluded from this procedure, including but not limited to those matters for which other methods of adjustment are providedprovided by the District, such as reductions in force; examination procedures, results and references; performance evaluations; disciplinary matters; and complaints by one employee about another. Also excluded from this grievance procedure are those matters so indicated elsewhere in this Agreement. Claimed violations of Article VI VII (Non-Discrimination) are to may be handled processed through the Equal Opportunity Section or under appropriate statutory and/or judicial procedures Steps One and are not subject to the grievance procedure Two only of this articlegrievance procedure. 1.2 The respondent in any grievance shall be the District itself rather than any individual supervisor or administrator. 1.3 If the same grievance or essentially the same grievance is filed by more than one employee, then one grievant employee may process the grievance under this Article on behalf of the other involved grievants. The final determination of that grievance shall apply to the remaining other pending grievances. 1.3 1.4 The respondent in any grievance shall be the District itself rather than any individual administrator. 1.4 Unless the parties mutually agree to the contrary, the filing or pendency of a grievance shall not delay or interfere with implementation of any District action while during the grievance is being processed. By processing thereof unless the same token, if it is later determined that parties agree to the grievance is meritorious, nothing in the foregoing sentence shall preclude remedial relief covering the period during which the grievance was being processedcontrary. 1.5 Processing and discussing the merits of a grievance shall not be considered a waiver by the District of a the defense that the matter is not neither grievable or not nor subject to arbitration under this Agreement, Agreement or that the grievance should be denied for other reasons which do not go to the merits. Notwithstanding the foregoing, any issue of arbitrability which the District learns of prior to Step Three of the grievance process and which the District intends to raise in response to the grievance, shall be raised with CSEA no later than at the termination of Step Three.

Grievance and Parties Defined. A grievance is defined as a claim that the District has violated an express term of this Agreement and that by reason of such violation the grievant's rights under this Agreement have been adversely affected. Grievances as so defined may be filed by: a. An employee; b. The Union on behalf of an identified employee or group of employees where the claims are similar. On filing a grievance on behalf of a group, the Union must specify the names of the employees on whose behalf the grievance is being filed, and indicate the nature and scope of the claim; or c. The Union on its own behalf as to alleged violations of rights granted to the Union in this Agreement. 1.1 All matters and disputes which do not fall within the above definition of a grievance are excluded from this procedure, including but not limited to those matters for which other methods of adjustment are provided. Also excluded from this grievance procedure are those matters so indicated elsewhere in this Agreement. Claimed violations of Article VI (Non-Discrimination) ), are to be handled through the Equal Opportunity Section or Section, under appropriate statutory and/or judicial procedures and are not subject to and/or through this grievance procedure. Employees may be represented by the grievance procedure Union when claiming violations of this articleArticle VI (Non-Discrimination) through the Equal Opportunity Section. 1.2 If the same or essentially the same grievance is filed by more than one employee, then one grievant may process the grievance under this Article on behalf of the other involved grievants. The final determination of that grievance shall apply to the remaining pending grievances. 1.3 The respondent in any grievance shall be the District itself rather than any individual administrator. 1.4 Unless the parties mutually agree to the contrary, the filing or pendency of a grievance shall not delay or interfere with any District action while the grievance is being processed. By the same token, if it is later determined that the grievance is meritorious, nothing in the foregoing sentence shall preclude remedial relief covering the period during which the grievance was being processed. 1.5 Processing and discussing the merits of a grievance shall not be considered a waiver by the District of a defense that the matter is not grievable or not subject to arbitration under this Agreement, or that the grievance should be denied for other reasons which do not go to the merits.. 06-22-2016 F: DATA: CONTRACT UNIT F :2014-2017: ART IV

Grievance and Parties Defined. A grievance is defined as a claim that the District has violated an express term of this Agreement and that by reason of such violation the grievant's rights under this Agreement have been adversely affected. Grievances as so defined may be filed by: a. An employee; b. The Union on behalf of an identified employee or group of employees where the claims are similar. On filing a grievance on behalf of a group, the Union must specify the names with written approval of the employees on whose behalf the grievance is being filed, and indicate the nature and scope of the claiminvolved employee(s); or c. The Union on its own behalf as to alleged violations of rights granted to the Union in this Agreement. 1.1 All matters and disputes which do not fall within the above definition of a grievance are excluded from this procedure, including but not limited to those matters for which other methods of adjustment are provided. Also excluded from this grievance procedure are those matters so indicated elsewhere in this Agreement. Claimed violations of Article VI (Non-Discrimination) ), are to be handled through the Equal Opportunity Section or Section, under appropriate statutory and/or judicial procedures and are not subject to and/or through this grievance procedure. Employees may be represented by the grievance procedure Union when claiming violations of this articleArticle VI (Non-Discrimination) through the Equal Opportunity Section. 1.2 If the same or essentially the same grievance is filed by more than one employee, then one grievant may process the grievance under this Article on behalf of the other involved grievants. The final determination of that grievance shall apply to the remaining pending grievances. 1.3 The respondent in any grievance shall be the District itself rather than any individual administrator. 1.4 Unless the parties mutually agree to the contrary, the filing or pendency of a grievance shall not delay or interfere with any District action while the grievance is being processed. By the same token, if it is later determined that the grievance is meritorious, nothing in the foregoing sentence shall preclude remedial relief covering the period during which the grievance was being processed. 1.5 Processing and discussing the merits of a grievance shall not be considered a waiver by the District of a defense that the matter is not grievable or not subject to arbitration under this Agreement, or that the grievance should be denied for other reasons which do not go to the merits.. 12-14-06 F:CONTRACT:2005-2008 UNIT F:ART IV

Grievance and Parties Defined. A grievance is defined as a claim that the District has violated an express term of this Agreement and that by reason of such violation the grievant's rights under this Agreement have been adversely affected. Grievances as so defined may be filed by: a. An employee; b. The Union on behalf of an identified employee or group of employees where the claims are similar. On filing a grievance on behalf of a group, the Union must specify the names of the employees on whose behalf the grievance is being filed, and indicate the nature and scope of the claimemployee(s); or c. The Union on its own behalf as to alleged violations of rights granted to the Union in this Agreement. 1.1 All matters and disputes which do not fall within the above definition of a grievance are excluded from this procedure, including but not limited to those matters for which other methods of adjustment are provided. Also excluded from this grievance procedure are those matters so indicated elsewhere in this Agreement. Claimed violations of Article VI (Non-Discrimination) are to be handled through the Equal Opportunity Section or under appropriate statutory and/or judicial procedures and are not subject to the grievance procedure of this article. 1.2 If the same or essentially the same grievance is filed by more than one employee, then one grievant may process the grievance under this Article on behalf of the other involved grievants. The final determination of that grievance shall apply to the remaining pending grievances. 1.3 The respondent in any grievance shall be the District itself rather than any individual administrator. 1.4 Unless the parties mutually agree to the contrary, the filing or pendency of a grievance shall not delay or interfere with any District action while the grievance is being processed. By the same token, if it is later determined that the grievance is meritorious, nothing in the foregoing sentence shall preclude remedial relief covering the period during which the grievance was being processed. 1.5 Processing and discussing the merits of a grievance shall not be considered a waiver by the District of a defense that the matter is not grievable or not subject to arbitration under this Agreement, or that the grievance should be denied for other reasons which do not go to the merits.

Grievance and Parties Defined. A grievance is defined as a claim that the District has violated an express term of this Agreement and that by reason of such violation the grievant's rights under this Agreement have been adversely affected. Grievances as so defined may be filed by: a. An employee; b. The Union on behalf of an identified employee or group of employees where the claims are similar. On filing a grievance on behalf of a group, the Union must specify the names of the employees on whose behalf the grievance is being filed, and indicate the nature and scope of the claimemployee(s); or c. The Union on its own behalf as to alleged violations of rights granted to the Union in this Agreement. 1.1 All other matters and disputes which do not fall within of any nature are beyond the above definition scope of a this grievance are excluded from this procedure, including but not limited to those matters for which other methods of adjustment are providedprovided by the District, such as reductions in force; examination procedures, results and references; performance evaluations; disciplinary matters; and complaints by one employee about another. Also excluded from this grievance procedure are those matters so indicated elsewhere in this Agreement. Claimed violations of Article VI VII (Non-Discrimination) are to be handled either through the Equal Opportunity Program Section or under appropriate statutory and/or judicial procedures and are not subject to the grievance procedure of this articlesubject to Article V (Grievance Procedure). 1.2 The respondent in any grievance shall be the District itself rather than any individual administrator. 1.3 If the same grievance or essentially the same grievance is filed by more than one employee, then one grievant may employee may, upon the District’s agreement, process the grievance under this Article on behalf of the other involved grievants. The final determination of that grievance shall apply to the remaining other pending grievances. 1.3 1.4 The respondent in any grievance shall be the District itself rather than any individual administrator. 1.4 Unless the parties mutually agree to the contrary, the filing or pendency of a grievance shall not delay or interfere with implementation of any District action while during the grievance is being processed. By processing thereof unless the same token, if it is later determined that parties agree to the grievance is meritorious, nothing in the foregoing sentence shall preclude remedial relief covering the period during which the grievance was being processedcontrary. 1.5 Processing and discussing the merits of a grievance shall not be considered a waiver by the District of a the defense that the matter is not neither grievable or not nor subject to arbitration under this Agreement, Agreement or that the grievance should be denied for other reasons which do not go to the merits.

Grievance and Parties Defined. A grievance is defined as a claim that the District has violated an express term of this Agreement and that by reason of such violation the grievant's rights under this Agreement have been adversely affected. Grievances as so defined may be filed by: a. An employee; b. The Union on behalf of an identified employee or group of employees where the claims are similar. On filing a grievance on behalf of a group, the Union must specify the names with written approval of the employees on whose behalf the grievance is being filed, and indicate the nature and scope of the claiminvolved employee(s); or c. The Union on its own behalf as to alleged violations of rights granted to the Union in this Agreement. 1.1 All matters and disputes which do not fall within the above definition of a grievance are excluded from this procedure, including but not limited to those matters for which other methods of adjustment are provided. Also excluded from this grievance procedure are those matters so indicated elsewhere in this Agreement. Claimed violations of Article VI (Non-Discrimination) ), are to be handled through the Equal Opportunity Section or Section, under appropriate statutory and/or judicial procedures and are not subject to and/or through this grievance procedure. Employees may be represented by the grievance procedure Union when claiming violations of this articleArticle VI (Non-Discrimination) through the Equal Opportunity Section. 1.2 If the same or essentially the same grievance is filed by more than one employee, then one grievant may process the grievance under this Article on behalf of the other involved grievants. The final determination of that grievance shall apply to the remaining pending grievances. 1.3 The respondent in any grievance shall be the District itself rather than any individual administrator. 1.4 Unless the parties mutually agree to the contrary, the filing or pendency of a grievance shall not delay or interfere with any District action while the grievance is being processed. By the same token, if it is later determined that the grievance is meritorious, nothing in the foregoing sentence shall preclude remedial relief covering the period during which the grievance was being processed. 1.5 Processing and discussing the merits of a grievance shall not be considered a waiver by the District of a defense that the matter is not grievable or not subject to arbitration under this Agreement, or that the grievance should be denied for other reasons which do not go to the merits.. 07-30-2012 F: DATA: CONTRACT UNIT F :2011-2014: ART IV

Grievance and Parties Defined. A grievance is defined as a claim that the District has violated an express term of this Agreement and that by reason of such violation the grievant's rights under this Agreement have been adversely affected. Grievances as so defined may be filed by: a. An employee; b. The Union on behalf of an identified employee or group of employees where the claims are similar. On filing a grievance on behalf of a group, the Union must specify the names of the employees on whose behalf the grievance is being filed, and indicate the nature and scope of the claim; or c. The Union on its own behalf as to alleged violations of rights granted to the Union in this Agreement. 1.1 All matters and disputes which do not fall within the above definition of a grievance are excluded from this procedure, including but not limited to those matters for which other methods of adjustment are provided. Also excluded from this grievance procedure are those matters so indicated elsewhere in this Agreement. Claimed violations of Article VI (Non-Discrimination) ), are to be handled through the Equal Opportunity Section or Section, under appropriate statutory and/or judicial procedures and are not subject to and/or through this grievance procedure. Employees may be represented by the grievance procedure Union when claiming violations of this articleArticle VI (Non-Discrimination) through the Equal Opportunity Section. 1.2 If the same or essentially the same grievance is filed by more than one employee, then one grievant may process the grievance under this Article on behalf of the other involved grievants. The final determination of that grievance shall apply to the remaining pending grievances. 1.3 The respondent in any grievance shall be the District itself rather than any individual administrator. 1.4 Unless the parties mutually agree to the contrary, the filing or pendency of a grievance shall not delay or interfere with any District action while the grievance is being processed. By the same token, if it is later determined that the grievance is meritorious, nothing in the foregoing sentence shall preclude remedial relief covering the period during which the grievance was being processed. 1.5 Processing and discussing the merits of a grievance shall not be considered a waiver by the District of a defense that the matter is not grievable or not subject to arbitration under this Agreement, or that the grievance should be denied for other reasons which do not go to the merits.

Grievance and Parties Defined. A grievance is defined as a claim that the District has violated an express term of this Agreement and that by reason of such violation the grievant's rights under this Agreement have been adversely affected. Grievances as so defined may be filed by: a. An employee; b. The Union the Council on behalf of an identified employee or group of employees where the claims are similar. On filing a grievance on behalf of a group, the Union must specify the names of the employees on whose behalf the grievance is being filed, and indicate the nature and scope of the claimemployee(s); or c. The Union the Council on its own behalf as to alleged violations of rights granted to the Union Council in this Agreement. 1.1 All other matters and disputes which do not fall within of any nature are beyond the above definition scope of a this grievance are excluded from this procedure, including included but not limited to those matters for which other methods of adjustment are providedprovided by the District, such as reductions in force, examination results and references, performance evaluations (except as set forth in Article X, Section 3.1), disciplinary matters, and complaints by one employee about another. Also excluded from this grievance procedure are those matters so indicated elsewhere in this Agreement. Claimed violations of Article VI VII (Non-Discrimination) are to be handled through the Equal Opportunity Section or under appropriate statutory and/or judicial procedures and are not subject to the rather than under this grievance procedure of this articleprocedure. 1.2 If the same or essentially the same grievance is filed by more than one employee, then one grievant may process the grievance under this Article on behalf of the other involved grievants. The final determination of that grievance shall apply to the remaining pending grievances. 1.3 The respondent in any grievance shall be the District itself rather than any individual supervisor or administrator. 1.4 Unless 1.3 If the parties mutually agree same grievance or essentially the same grievance as determined by mutual agreement is filed by more than one employee, only one employee may process the grievance under this Article. The final determination of that grievance shall apply to the contrary, the other pending grievances. 1.4 The filing or pendency of a grievance shall not delay or interfere with implementation of any District action while during the grievance is being processed. By the same token, if it is later determined that the grievance is meritorious, nothing in the foregoing sentence shall preclude remedial relief covering the period during which the grievance was being processedprocessing thereof. 1.5 Processing and discussing the merits of a grievance shall not be considered a waiver by the District of a the defense that the matter is not neither grievable or not nor subject to arbitration under this Agreement, consideration by the Board of Review or that the grievance should be denied for other reasons which do not go to the meritsmerits of the grievance such as the untimely filing of the grievance.

Grievance and Parties Defined. A grievance is defined as a claim by the unit member, unit members or the Union that the District has violated an express term a specific provision of this Agreement and has been violated or misapplied with respect to that by reason of such violation the grievant's rights under this Agreement have been adversely affectedunit member(s). Grievances as so defined may be filed by: a. An employee; b. The Union on behalf of an identified employee or group of employees where the claims are similar. On filing a grievance on behalf of a group, the Union must specify the names of the employees on whose behalf the grievance is being filed, and indicate the nature and scope of the claimemployee(s); or c. The Union on its own behalf as to alleged violations of rights granted to the Union in this Agreement. 1.1 . All other matters and disputes which do not fall within of any nature are beyond the above definition scope of a this grievance are excluded from this procedure, including but not limited to those matters for which other methods of adjustment are providedprovided by BCCHS, such as complaints by one employee about another. Also excluded from this grievance procedure are those matters so indicated elsewhere in this Agreement. Claimed violations of Article VI (Non-Discrimination) are to be handled through the Equal Opportunity Section or under appropriate statutory and/or judicial procedures and are not subject to the grievance procedure of this article. 1.2 8.1.1 The respondent in any grievance shall be BCCHS itself rather than any individual administrator. 8.1.2 If the same grievance or essentially the same grievance is filed by more than one employeeunit member, then one grievant may employee may, upon BCCHS’s agreement, process the grievance under this Article on behalf of the other involved grievants. The final determination of that grievance shall apply to the remaining other pending grievances. 1.3 8.1.3 The respondent in any grievance shall be the District itself rather than any individual administrator. 1.4 Unless the parties mutually agree to the contrary, the filing or pendency of a grievance shall not delay or interfere with implementation of any District BCCHS action while during the grievance is being processed. By processing thereof unless the same token, if it is later determined that parties agree to the grievance is meritorious, nothing in the foregoing sentence shall preclude remedial relief covering the period during which the grievance was being processedcontrary. 1.5 8.1.4 Processing and discussing the merits of a grievance shall not be considered a waiver by BCCHS of the District of a defense that the matter is not neither grievable or not nor subject to arbitration under this Agreement, Agreement or that the grievance should be denied for other reasons which do not go to the merits.

Grievance and Parties Defined. A grievance is defined as a claim that the District has violated an express term of this Agreement and that by reason of such violation the grievant's rights under this Agreement have been adversely affected. Grievances as so defined may be filed by: a. An employee; b. The Union on behalf of an identified employee or group of employees where the claims are similar. On filing a grievance on behalf of a group, the Union must specify the names of the employees on whose behalf the grievance is being filed, and indicate the nature and scope of the claimemployee(s); or c. The Union on its own behalf as to alleged violations of rights granted to the Union in this Agreement. 1.1 All other matters and disputes which do not fall within of any nature are beyond the above definition scope of a this grievance are excluded from this procedure, including but not limited to those matters for which other methods of adjustment are providedprovided by the District, such as reductions in force; examination procedures, results and references; performance evaluations; disciplinary matters; and complaints by one employee about another. Also excluded from this grievance procedure are those matters so indicated elsewhere in this Agreement. Claimed violations of Article VI VII (Non-Discrimination) are to be handled through the Equal Opportunity Program Section or under appropriate statutory and/or judicial procedures and are not subject to the grievance procedure of this articlesubject to Article V (Grievance Procedure). 1.2 The respondent in any grievance shall be the District itself rather than any individual administrator. 1.3 If the same grievance or essentially the same grievance is filed by more than one employee, then one grievant may employee may, upon the District’s agreement, process the grievance under this Article on behalf of the other involved grievants. The final determination of that grievance shall apply to the remaining other pending grievances. 1.3 1.4 The respondent in any grievance shall be the District itself rather than any individual administrator. 1.4 Unless the parties mutually agree to the contrary, the filing or pendency of a grievance shall not delay or interfere with implementation of any District action while during the grievance is being processed. By processing thereof unless the same token, if it is later determined that parties agree to the grievance is meritorious, nothing in the foregoing sentence shall preclude remedial relief covering the period during which the grievance was being processedcontrary. 1.5 Processing and discussing the merits of a grievance shall not be considered a waiver by the District of a the defense that the matter is not neither grievable or not nor subject to arbitration under this Agreement, Agreement or that the grievance should be denied for other reasons which do not go to the merits.

Grievance and Parties Defined. A grievance is defined as a claim that the District School has violated an express term of this Agreement and that by reason of such violation the grievant's rights under this Agreement have been adversely affected. Grievances as so defined may be filed by: a. An employee; b. The Union PESPU on behalf of an identified employee or group of employees where the claims are similar. On filing a grievance on behalf of a group, the Union must specify the names of the employees on whose behalf the grievance is being filed, and indicate the nature and scope of the claimemployee(s); or c. The Union PESPU on its own behalf as to alleged violations of rights granted to the Union PESPU in this Agreement. 1.1 5.1.1 All other matters and disputes which do not fall within of any nature are beyond the above definition scope of a this grievance are excluded from this procedure, including but not limited to those matters for which other methods of adjustment are providedprovided by the School, such as reductions in force; examination procedures, results and references; performance evaluations; disciplinary matters; and complaints by one employee about another. Also excluded from this grievance procedure are those matters so indicated elsewhere in this Agreement. Claimed violations of Article VI 7 (Non-Discrimination) are to may be handled processed through the Equal Opportunity Section or under appropriate statutory and/or judicial procedures Steps One and are not subject to the grievance procedure Two only of this articlegrievance procedure. 1.2 5.1.2 The respondent in any grievance shall be the School itself rather than any individual supervisor or administrator. 5.1.3 If the same grievance or essentially the same grievance is filed by more than one employee, then one grievant employee may process the grievance under this Article on behalf of the other involved grievants. The final determination of that grievance shall apply to the remaining other pending grievances. 1.3 5.1.4 The respondent in any grievance shall be the District itself rather than any individual administrator. 1.4 Unless the parties mutually agree to the contrary, the filing or pendency of a grievance shall not delay or interfere with implementation of any District School action while during the grievance is being processed. By processing thereof unless the same token, if it is later determined that parties agree to the grievance is meritorious, nothing in the foregoing sentence shall preclude remedial relief covering the period during which the grievance was being processedcontrary. 1.5 5.1.5 Processing and discussing the merits of a grievance shall not be considered a waiver by the District School of a the defense that the matter is not neither grievable or not nor subject to arbitration under this Agreement, Agreement or that the grievance should be denied for other reasons which do not go to the merits. Notwithstanding the foregoing, any issue of arbitrability which the School learns of prior to Step Three of the grievance process and which the School intends to raise in response to the grievance, shall be raised with PESPU no later than at the termination of Step Three.

Grievance and Parties Defined. A grievance is defined as a claim that the District School has violated an express term of this Agreement and that by reason of such violation the grievant's rights under this Agreement have been adversely affected. Grievances as so defined may be filed by: a. An employee; b. The Union PESPU on behalf of an identified employee or group of employees where the claims are similar. On filing a grievance on behalf of a group, the Union must specify the names of the employees on whose behalf the grievance is being filed, and indicate the nature and scope of the claimemployee(s); or c. The Union PESPU on its own behalf as to alleged violations of rights granted to the Union PESPU in this Agreement. 1.1 5.1.1 All other matters and disputes which do not fall within of any nature are beyond the above definition scope of a this grievance are excluded from this procedure, including but not limited to those matters for which other methods of adjustment are providedprovided by the School, such as reductions in force; examination procedures, results and references; performance evaluations; disciplinary matters; and complaints by one employee about another. Also excluded from this grievance procedure are those matters so indicated elsewhere in this Agreement. Claimed violations of Article VI 7 (Non-Discrimination) are to may be handled processed through the Equal Opportunity Section or under appropriate statutory and/or judicial procedures Steps One and are not subject to the grievance procedure Two only of this articlegrievance procedure. 1.2 5.1.2 The respondent in any grievance shall be the School itself rather than any individual supervisor or administrator. 5.1.3 If the same grievance or essentially the same grievance is filed by more than one employee, then one grievant employee may process the grievance under this Article on behalf of the other involved grievantsxxxxxxxxx. The final determination of that grievance shall apply to the remaining other pending grievances. 1.3 5.1.4 The respondent in any grievance shall be the District itself rather than any individual administrator. 1.4 Unless the parties mutually agree to the contrary, the filing or pendency of a grievance shall not delay or interfere with implementation of any District School action while during the grievance is being processed. By processing thereof unless the same token, if it is later determined that parties agree to the grievance is meritorious, nothing in the foregoing sentence shall preclude remedial relief covering the period during which the grievance was being processedcontrary. 1.5 5.1.5 Processing and discussing the merits of a grievance shall not be considered a waiver by the District School of a the defense that the matter is not neither grievable or not nor subject to arbitration under this Agreement, Agreement or that the grievance should be denied for other reasons which do not go to the merits. Notwithstanding the foregoing, any issue of arbitrability which the School learns of prior to Step Three of the grievance process and which the School intends to raise in response to the grievance, shall be raised with PESPU no later than at the termination of Step Three.