Common use of Grievance Levels Clause in Contracts

Grievance Levels. 5.3.1 Level I The grievant must present the grievance in writing on the appropriate form to his/her immediate supervisor within fifteen (15) working days after the occurrence of the act or omission giving cause for the grievance. This shall be a clear, concise statement of the grievance, the date of the alleged grievance, the specific provision of the Agreement alleged to have been violated, the circumstances involved, and the specific remedy sought. Within the specified time limits, either the grievant or the immediate supervisor may request a conference. The immediate supervisor shall communicate his/her decision to the grievant in writing within ten working days after receiving the grievance. If the immediate supervisor does not respond within ten working days after the formal conference or if the grievant does not agree with the decision, the grievant may appeal to the next level. 5.3.2 Level II In the event that the grievant is not satisfied with the decision at Level I, he/she must appeal the decision on the appropriate form to the Superintendent or designee within ten working days after receiving the decision. This statement should include a copy of the original grievance and appeal, the decision rendered, and a clear concise statement of the reasons for the appeal. The Superintendent (or designee) shall communicate his/her decision within 15 working days after receiving the appeal. Either the grievant or the Superintendent (or designee) may request a conference within the above time limits. In his review, the Superintendent (or designee) shall be free to assign another management employee to investigate the grievance and try to resolve the grievance prior to the Superintendent (or designee) rendering a decision. If the Superintendent (or designee) does not respond within the time limits provided, or if the grievant does not agree with the decision, the grievant may appeal to the next level. 5.3.3 Level III (Arbitration) If the grievant is not satisfied with the decision at Level II, the Association, on behalf of the grievant may within ten working days appeal the decision on the appropriate form to the Superintendent (or designee). This statement shall include a copy of the original grievance and appeal, the decision rendered and a clear, concise statement of the reasons for appeal. Upon receipt of an appeal, the Superintendent (or designee) shall, within ten working days, supervise the appointment of an arbitrator.

Grievance Levels. 5.3.1 Level I The Step 1. Any employee having a grievance shall discuss the matter with her immediate Administrator within ten (10) school days after the Employee had knowledge or reasonably should have had knowledge of the event leading to the grievance. Every effort for an informal resolution shall be made in a good faith attempt to resolve the problem. Step 2. If, in the estimation of the Employee, the grievance is not satisfactorily resolved in Step 1, the grievant must may, within five (5) school days after Step 1 discussion, present the grievance to the Superintendent of Schools or his designee for his consideration. This presentation shall be in writing on and shall include, at least, the appropriate form to his/her immediate supervisor following information: a. Name, job title, and category level of grievant; b. Brief statement of facts; c. Remedy requested; d. Immediate Administrator's (Step 1) disposition; and e. Signature(s) of grievant(s). The Superintendent, or his designee, within fifteen five (155) working school days after the occurrence receipt of the act written grievance, shall render his decision thereon. The Superintendent, or omission giving cause for his designee, may discuss the grievancematter with the grievant and immediate Administrator. This Whenever the Superintendent or his designee has such discussion with the immediate Administrator, the grievant (or if the grievant chooses, the Association) shall be provided with a clearsimilar opportunity. Step 3. If the Employee is yet aggrieved by the decision rendered in Step 2, concise statement of the grievant may refer the grievance, in writing, to the date Chairman of the alleged grievance, the specific provision School Committee within five (5) school days after receipt of the Agreement alleged to have been violatedStep 2 decision. The School Committee, the circumstances involvedor a subcommittee thereof, and the specific remedy sought. Within the specified time limits, either shall meet with the grievant or the immediate supervisor may request as soon as possible and will render a conference. The immediate supervisor shall communicate his/her written decision to the grievant in writing and the Association within ten working days after receiving the grievance(10) school days. Step 4. If the immediate supervisor does not respond within ten working days after decision of the formal conference or if School Committee is unsatisfactory the grievant does not agree with Association may refer the decision, the grievant may appeal grievance to the next level. 5.3.2 Level II In the event that the grievant is not satisfied with the decision at Level I, he/she must appeal the decision on the appropriate form Arbitration by giving written notice of such intent to the Superintendent or designee of Schools and to the Chairman of the School Committee within ten working (10) school days after receiving the decision. This statement should include a copy issue of the original grievance and appeal, the decision rendered, and a clear concise statement of the reasons for the appeal. The Superintendent (or designee) shall communicate his/her decision within 15 working days after receiving the appeal. Either the grievant or the Superintendent (or designee) may request a conference within the above time limits. In his review, the Superintendent (or designee) shall be free to assign another management employee to investigate the grievance and try to resolve the grievance prior to the Superintendent (or designee) rendering a Step 3 decision. If the Superintendent (or designee) does not respond within Committee and the time limits provided, or if the grievant does Association cannot agree with within seven (7) school days after written notice as specified above of the decisionintention to arbitrate, then the grievant may appeal to party demanding arbitration shall within three (3) school days thereafter request a panel consisting of one member of the next level. 5.3.3 Level III (Arbitration) If the grievant is not satisfied with the decision at Level IISchool Committee, one member of the Association, on behalf and one neutral person, mutually selected by the Committee and the Association, which will render within ten (10) school days a written decision which shall be final and binding. The panel shall be without power, authority, or jurisdiction to alter, add to or detract from the provisions of this Agreement, or to make any decision which changes or modifies any decision as to which the School Committee has sole discretion under the express terms of this Agreement. The panel's authority shall extend only to a finding whether or not there has been a violation of the grievant may within ten working days appeal the decision on the appropriate form to the Superintendent (or designee). This statement shall include a copy express terms of the original grievance and appeal, the decision rendered and a clear, concise statement of the reasons for appeal. Upon receipt of an appeal, the Superintendent (or designee) shall, within ten working days, supervise the appointment of an arbitratorthis agreement.

Grievance Levels. 5.3.1 Level I One (Unit Level): The grievant must present shall first discuss the grievance in writing on the appropriate form to his/her immediate supervisor within fifteen (15) working days after the occurrence of the act or omission giving cause for the grievance. This shall be a clear, concise statement of the grievance, the date of the alleged grievance, the specific provision of the Agreement alleged to have been violated, the circumstances involved, and the specific remedy sought. Within the specified time limits, either the grievant or with the immediate supervisor may request individually or accompanied by a conferencegrievance representative no later than the 15th work day after occurrence or event which led to the dispute, with the objective of resolving the matter informally. If the grievance arises out of an event that occurs within the last 15 work days of the employee's work year, the time for filing a grievance shall be no more than 21 calendar days following the event. Grievances will be submitted on OSEA Grievance Form Appendix B. The immediate supervisor shall communicate his/her decision respond to the grievant in writing grievance at the informal meeting or within ten working five work days after receiving of the grievanceinformal meeting. If the immediate supervisor does not respond within ten working days after the formal conference or if the grievant does not agree with the decision, the grievant may appeal to the next level. 5.3.2 Level II In the event that the grievant is not satisfied with the decision at Level Idisposition of the grievance, he/she must appeal a written grievance may be filed with the immediate supervisor within five work days, stating the grounds for the grievance, the xxxxxx requested, and bearing the signature of the grievant. The immediate supervisor shall communicate the decision on the appropriate form in writing to the Superintendent or designee grievant within ten working five work days after receiving the decision. This statement should include a copy of the original grievance and appeal, the decision rendered, and a clear concise statement receipt of the reasons for the appealwritten grievance or hearing, if held. The Level Two (Superintendent (or designee) shall communicate his/her decision within 15 working days after receiving the appeal. Either the grievant or the Superintendent (or designee) may request a conference within the above time limits. In his review, the Superintendent (or designee) shall be free to assign another management employee to investigate the grievance and try to resolve the grievance prior to the Superintendent (or designee) rendering a decision. If the Superintendent (or designee) does not respond within the time limits provided, or if the grievant does not agree with the decision, the grievant may appeal to the next level. 5.3.3 Level III (Arbitration) Level): If the grievant is not satisfied with the decision at Level IIof the immediate supervisor, the Association, on behalf of the grievant may within ten working days appeal the decision on the appropriate form in writing to the Superintendent (or designee). This statement shall include a copy within 10 work days of the original grievance and appeal, the decision rendered and a clear, concise statement of the reasons for appealLevel One decision. Upon receipt of an appealWithin ten work days, the Superintendent (or designee) shalldesignee shall give written notice of the time and place of a hearing, consulting with the grievant, to the grievant and the representative. The Association or the District may tape record the hearing. The Superintendent or designee shall communicate to the aggrieved and the representative the written decision within ten working dayswork days of the hearing. Level Three (Arbitration): There may be differences of opinion as to the interpretation of this Agreement. All parties desire to have these differences of opinion adjusted as quickly and efficiently as possible. Binding arbitration shall be confined to interpretation, supervise meaning, or application of a specific term or provisions of the appointment Agreement. A. If the grievant is not satisfied with the disposition of the grievance at Level Two or if no decision has been rendered within ten work days after the grievance was heard by the Superintendent, the grievant may request in writing that the Association submit the grievance to arbitration. If the Association so determines, it may submit the grievance to arbitration within 15 work days after receipt of the Superintendent's decision. The Superintendent or designee and the Association representative shall confer to determine a mutually acceptable arbitrator. If no arbitrator can be mutually agreed upon, either the Superintendent or the Association shall request a list of arbitrators from the Employment Relations Board (XXX). The parties shall then be bound by the rules and procedures of XXX in the selection of an arbitrator. B. The arbitrator shall confer with the representatives of the Superintendent and the Association and hold a hearing promptly and shall issue the decision not later than 30 calendar days from the date of the hearing, or, if oral hearings have been waived, then from the date that final statements and proofs on the issues are submitted to the arbitrator. The Superintendent and the Association may present evidence, witnesses, and exhibits at the hearing scheduled by the arbitrator; and each shall have the right to cross-examine. The arbitrator's decision shall be in writing and shall set forth findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision, which requires the commission of an act prohibited by law or which is in violation of this Agreement. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding on the parties. C. The costs for the services of the arbitrator including per diem expenses, shall be equally shared by both parties.

Grievance Levels. 5.3.1 Level I One (Unit Level): The grievant must present shall first discuss the grievance in writing on the appropriate form to his/her immediate supervisor within fifteen (15) working days after the occurrence of the act or omission giving cause for the grievance. This shall be a clear, concise statement of the grievance, the date of the alleged grievance, the specific provision of the Agreement alleged to have been violated, the circumstances involved, and the specific remedy sought. Within the specified time limits, either the grievant or with the immediate supervisor may request individually or accompanied by a conferencegrievance representative no later than the 15th workday after occurrence or event which led to the dispute, with the objective of resolving the matter informally. If the grievance arises out of an event that occurs within the last 15 workdays of the employee's work year, the time for filing a grievance shall be no more than 21 calendar days following the event. Grievances will be submitted on OSEA Grievance Form Appendix F. The immediate supervisor shall communicate his/her decision respond to the grievant in writing grievance at the informal meeting or within ten working days after receiving five workdays of the grievanceinformal meeting. If the immediate supervisor does not respond within ten working days after the formal conference or if the grievant does not agree with the decision, the grievant may appeal to the next level. 5.3.2 Level II In the event that the grievant is not satisfied with the decision at Level Idisposition of the grievance, he/she must appeal a written grievance may be filed with the immediate supervisor within five workdays, stating the grounds for the grievance, the remedy requested, and bearing the signature of the grievant. The immediate supervisor shall communicate the decision on the appropriate form in writing to the Superintendent or designee grievant within ten working days after receiving the decision. This statement should include a copy five workdays of the original grievance and appeal, the decision rendered, and a clear concise statement receipt of the reasons for the appealwritten grievance or hearing, if held. The Level Two (Superintendent (or designee) shall communicate his/her decision within 15 working days after receiving the appeal. Either the grievant or the Superintendent (or designee) may request a conference within the above time limits. In his review, the Superintendent (or designee) shall be free to assign another management employee to investigate the grievance and try to resolve the grievance prior to the Superintendent (or designee) rendering a decision. If the Superintendent (or designee) does not respond within the time limits provided, or if the grievant does not agree with the decision, the grievant may appeal to the next level. 5.3.3 Level III (Arbitration) Level): If the grievant is not satisfied with the decision at Level IIof the immediate supervisor, the Association, on behalf of the grievant may within ten working days appeal the decision on the appropriate form in writing to the Superintendent (or designee). This statement shall include a copy within 10 workdays of the original grievance and appeal, the decision rendered and a clear, concise statement of the reasons for appealLevel One decision. Upon receipt of an appealWithin ten workdays, the Superintendent (or designee) shalldesignee shall give written notice of the time and place of a hearing, consulting with the grievant, to the grievant and the representative. The Association or the District may tape record the hearing. The Superintendent or designee shall communicate to the aggrieved and the representative the written decision within ten working daysworkdays of the hearing. Level Three (Arbitration): There may be differences of opinion as to the interpretation of this Agreement. All parties desire to have these differences of opinion adjusted as quickly and efficiently as possible. Binding arbitration shall be confined to interpretation, supervise meaning, or application of a specific term or provisions of the appointment Agreement. A. If the grievant is not satisfied with the disposition of the grievance at Level Two or if no decision has been rendered within ten workdays after the grievance was heard by the Superintendent, the grievant may request in writing that the Association submit the grievance to arbitration. If the Association so determines, it may submit the grievance to arbitration within 15 workdays after receipt of the Superintendent's decision. The Superintendent or designee and the Association representative shall confer to determine a mutually acceptable arbitrator. If no arbitrator can be mutually agreed upon, either the Superintendent or the Association shall request a list of arbitrators from the Employment Relations Board (XXX). The parties shall then be bound by the rules and procedures of XXX in the selection of an arbitrator. B. The arbitrator shall confer with the representatives of the Superintendent and the Association and hold a hearing promptly and shall issue the decision not later than 30 calendar days from the date of the hearing, or, if oral hearings have been waived, then from the date that final statements and proofs on the issues are submitted to the arbitrator. The Superintendent and the Association may present evidence, witnesses, and exhibits at the hearing scheduled by the arbitrator;; and each shall have the right to cross-­examine. The arbitrator's decision shall be in writing and shall set forth findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision, which requires the commission of an act prohibited by law or which is in violation of this Agreement. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding on the parties. C. The costs for the services of the arbitrator including per diem expenses, shall be equally shared by both parties.

Grievance Levels. 5.3.1 a. No grievance shall be initiated at Level I One unless it has been discussed by the aggrieved party with the immediate supervisor, or the Director of Human Resources or designee in the absence of the supervisor, prior to filing. No grievance shall be initiated at Level Two unless it has been discussed by the aggrieved party and/or the aggrieved party’s Federation representative with the Director of Human Resources or designee. b. A grievance shall be filed at Level One unless the immediate supervisor determines that the remedy sought is not within his/her authority, in which case the grievance shall be filed at Level Two. c. The grievant must present interpretation of conflict, as provided in Article IV-B, shall be subject to the grievance process at Level Two. Level One 1. The aggrieved party shall submit the grievance in writing on to their immediate supervisor. Within five days of this presentation, the appropriate form to his/her immediate supervisor within fifteen (15) working days after will return his written decision to the occurrence of aggrieved employee. 2. If the act or omission giving cause for aggrieved is not satisfied with the grievance. This shall be a clear, concise statement disposition of the grievance, the date aggrieved may appeal the decision to Level Two within five (5) workdays of receipt of the alleged grievance, decision by filing said appeal with the specific provision Superintendent. 3. Failure to appeal the grievance within five (5) workdays after receipt of the Agreement alleged response shall result in dismissal of the grievance. 4. In the event a certified employee believes it to be necessary to have been violateda Federation representative present at a Level One grievance meeting, such request shall be made in advance and through the circumstances involvedDirector of Human Resources. The request will be honored upon notification to the immediate supervisor. Level Two 1. The superintendent or designee shall meet with the aggrieved and/or a representative of the Federation within ten (10) workdays after receipt of the appeal of the Level One decision or the initiation of a grievance at Level Two in an effort to resolve said grievance. Parties to the grievance or their representatives shall have the right to submit evidence, give testimony, and the specific remedy sought. Within the specified time limits, either the grievant or the immediate supervisor may request a conferencecall witnesses. 2. The immediate supervisor shall communicate his/her superintendent or designee shall, within ten (10) workdays after such meeting provided above, render the decision to the grievant in writing within ten working days after receiving setting forth the grievancedecision and reason(s) there for and shall transmit the same to all parties. 3. If the immediate supervisor does not respond within ten working days after Federation and the formal conference or if the grievant does not agree with the decision, the grievant may appeal to the next level. 5.3.2 Level II In the event that the grievant is aggrieved party are not satisfied with the decision disposition of the grievance, the aggrieved party may appeal the grievance to Level Three. Failure to appeal the grievance with ten (10) workdays after receipt of the response at Level I, he/she must appeal the decision on the appropriate form to the Superintendent or designee within ten working days after receiving the decision. This statement should include a copy Two shall result in dismissal of the original grievance. Level Three 1. Upon appeal of a grievance and appealto Level Three, the decision rendered, Board shall appoint a fact-finder and make a clear concise statement of the reasons for the appeal. The Superintendent (or designee) shall communicate his/her decision within 15 working days after receiving the appeal. Either the grievant or the Superintendent (or designee) may request a conference determination from within the above time limitsinformation collected from both parties within 30 workdays. In his review, the Superintendent (or designee) shall be free to assign another management employee to investigate the grievance and try to resolve the grievance prior to the Superintendent (or designee) rendering a decisionLevel Four 1. If both the Superintendent (or designee) does not respond within aggrieved and the time limits provided, or if the grievant does not agree with the decision, the grievant may appeal to the next level. 5.3.3 Level III (Arbitration) If the grievant is Federation are not satisfied with the decision at Level IIBoard’s grievance disposition, the Association, on behalf Federation may appeal the grievance to arbitration by submitting a written demand for arbitration to the Board no later than five workdays following receipt of the grievant Board’s written disposition. 2. The parties shall attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree upon a mutually acceptable arbitrator, the Federation may within ten working days appeal the decision on the appropriate form submit a request for arbitration to the Superintendent American Arbitration Association (or designee)AAA) no later than 10 work days following the written demand for arbitration. This statement The parties shall include then be bound by the AAA’s rules and procedures. 3. The arbitrator shall conduct a copy of the original grievance and appeal, the decision rendered and a clear, concise statement of the reasons for appeal. Upon receipt of an appeal, the Superintendent (or designee) shall, within ten working days, supervise hearing as soon as reasonably possible following the appointment of an the arbitrator. The hearing shall be conducted in accordance with the AAA’s Voluntary Rules for Arbitration. 4. The arbitrator shall have the authority to issue subpoenas for the production of documents and for the testimony of witnesses. Issues related to the arbitrability of a grievance shall be decided by the arbitrator.

Grievance Levels. 5.3.1 Level I One (Unit Level) The grievant must present shall first discuss the grievance in writing on the appropriate form to his/her immediate supervisor within fifteen (15) working days after the occurrence of the act or omission giving cause for the grievance. This shall be a clear, concise statement of the grievance, the date of the alleged grievance, the specific provision of the Agreement alleged to have been violated, the circumstances involved, and the specific remedy sought. Within the specified time limits, either the grievant or with the immediate supervisor may request individually or accompanied by a conferencegrievance representative no later than the 15th work day after occurrence or event which led to the dispute, with the objective of resolving the matter informally. If the grievance arises out of an event that occurs within the last 15 work days of the employee's work year, the time for filing a grievance shall be no more than 21 calendar days following the event. Grievances will be submitted on OSEA Grievance Form Appendix B. The immediate supervisor shall communicate his/her decision respond to the grievant in writing grievance at the informal meeting or within ten working five work days after receiving of the grievanceinformal meeting. If the immediate supervisor does not respond within ten working days after the formal conference or if the grievant does not agree with the decision, the grievant may appeal to the next level. 5.3.2 Level II In the event that the grievant is not satisfied with the decision at Level Idisposition of the grievance, he/she must appeal a written grievance may be filed with the immediate supervisor within five work days, stating the grounds for the grievance, the remedy requested, and bearing the signature of the grievant. The immediate supervisor shall communicate the decision on the appropriate form in writing to the Superintendent or designee grievant within ten working five work days after receiving the decision. This statement should include a copy of the original grievance and appeal, the decision rendered, and a clear concise statement receipt of the reasons for the appealwritten grievance or hearing, if held. The Level Two (Superintendent (or designee) shall communicate his/her decision within 15 working days after receiving the appeal. Either the grievant or the Superintendent (or designee) may request a conference within the above time limits. In his review, the Superintendent (or designee) shall be free to assign another management employee to investigate the grievance and try to resolve the grievance prior to the Superintendent (or designee) rendering a decision. If the Superintendent (or designee) does not respond within the time limits provided, or if the grievant does not agree with the decision, the grievant may appeal to the next level. 5.3.3 Level III (ArbitrationLevel) If the grievant is not satisfied with the decision at Level IIof the immediate supervisor, the Association, on behalf of the grievant may within ten working days appeal the decision on the appropriate form in writing to the Superintendent (or designee). This statement shall include a copy within 10 work days of the original grievance and appeal, the decision rendered and a clear, concise statement of the reasons for appealLevel One decision. Upon receipt of an appealWithin ten work days, the Superintendent (or designee) shalldesignee shall give written notice of the time and place of a hearing, consulting with the grievant, to the grievant and the representative. The Association or the District may tape record the hearing. The Superintendent or designee shall communicate to the aggrieved and the representative the written decision within ten working dayswork days of the hearing. Level Three (Arbitration) There may be differences of opinion as to the interpretation of this Agreement. All parties desire to have these differences of opinion adjusted as quickly and efficiently as possible. Binding arbitration shall be confined to interpretation, supervise meaning, or application of a specific term or provisions of the appointment Agreement. A. If the grievant is not satisfied with the disposition of the grievance at Level Two or if no decision has been rendered within ten work days after the grievance was heard by the Superintendent, the grievant may request in writing that the Association submit the grievance to arbitration. If the Association so determines, it may submit the grievance to arbitration within 15 work days after receipt of the Superintendent's decision. The Superintendent or designee and the Association representative shall confer to determine a mutually acceptable arbitrator. If no arbitrator can be mutually agreed upon, either the Superintendent or the Association shall request a list of arbitrators from the Employment Relations Board (XXX). The parties shall then be bound by the rules and procedures of XXX in the selection of an arbitrator. B. The arbitrator shall confer with the representatives of the Superintendent and the Association and hold a hearing promptly and shall issue the decision not later than 30 calendar days from the date of the hearing, or, if oral hearings have been waived, then from the date that final statements and proofs on the issues are submitted to the arbitrator. The Superintendent and the Association may present evidence, witnesses, and exhibits at the hearing scheduled by the arbitrator; and each shall have the right to cross-examine. The arbitrator's decision shall be in writing and shall set forth findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision, which requires the commission of an act prohibited by law or which is in violation of this Agreement. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding on the parties. C. The costs for the services of the arbitrator including per diem expenses, shall be equally shared by both parties.

Grievance Levels. 5.3.1 Level I The grievant must present In the processing of any grievance, the Company will furnish the Union all necessary and relevant data concerning the grievance as determined by the National Labor Relations Act. If the grievance is initiated at the local level, this information will be furnished to the Local President or authorized Union representative upon request, prior to the informal level, in writing on an effort to resolve the dispute at the earliest step. The parties agree that in the handling and adjustment of grievances by the Union the procedures listed below will be followed: A. An employee or group of employees will have the right to present to and adjust with the management any grievance as provided in 9(a) of the National Labor Relations Act, as amended, provided, however, that no adjustment will be made with the employee or group of employees involved which is inconsistent with the terms of any collective bargaining agreement between the parties then in effect, and provided further that the Union has been given an opportunity to be present at such adjustment. B. After an employee or employees have presented a grievance to the Union for settlement and a Union representative has informed the Company that the Union represents that employee(s) the Company will not discuss or adjust such grievance with said employee(s) unless the aggrieved employee(s) initiate a request that the Company discuss and adjust such grievance directly with him/her, or them, but in no event will an adjustment be made unless a Union representative is afforded an opportunity to be present at such adjustment. C. All grievances, other than those involving the true intent (See 21.01C4 16.1C4) and meaning of this or any other agreement between the parties or adversely affecting the rights of other employees, will be handled under the procedure set forth below. For each such grievance initiated by the Union under this Paragraph, the steps in the procedure will be those listed below except as provided 21.0616.6 (Vacancies), 21.0716.7 (Short Term Disability Plan), and 21.0816.08 (Health and Safety). 1ST Level: The Informal Level (the level below Director/Regional Sales Manager Regional Vice President where the aggrieved employee is employed) 2ND Level: Director/General MangerRegional Vice President Level 3RD Level: ExecutiveAssistant Vice President – Labor Relations (or designee) Xxxxx 0. 0xx Xxxxx (Xxxxxxxx Xxxxx) - Xxxxxx formal grievances involving matters other than discharges and demotions are filed at the 2nd Level, there must have been a 1st Level (Informal Level) meeting or conference with the appropriate form to his/her Union representative and the appropriate Company representative. It is generally agreed that the local xxxxxxx along with the immediate supervisor within fifteen would normally be the appropriate representatives. The 1st (15Informal) working days after Level meeting may be waived by the occurrence consent of both parties in those instances where such a meeting would be unnecessary. When necessary, the act Union may request the presence of a grievant, or omission giving cause for the grievancegrievants, if such are involved. This shall 1st Level meeting is intended to allow both sides to fully explore the incident, develop the facts, state their contentions, clear up any possible misunderstandings and attempt to informally resolve the dispute. No record will be made at this meeting or conference, no papers, forms or written answers are to be filed. (For pay treatment see 21.0316.3 and 21.0416. 2. 2nd Level (Director/General ManagerRegional Vice President Level) - Each grievance must be presented as a clear, concise statement of formal grievance at the grievance, 2nd Level within sixty (60) days from the date of the alleged grievancelast occurrence on which the grievance is based by filing a written request for formal grievance meeting (3G3R). This request must be filed with the 2nd Level within fourteen (14) days following the 1st Level meeting described in C1 above. a. The Company and the Union have the responsibility to meet, discuss the issue(s) and complete the related paperwork within thirty (30) days of the request for a meeting. b. Where mutually agreed upon, the specific provision time periods in “a.” above may be extended by thirty (30) days. c. It is the intent of this article that all grievances must be met on at the 1st Level and appealed in writing to the 2nd Level within sixty (60) days. The 2nd Level meeting is to occur within thirty (30) days of the Agreement alleged request. If a recess is mutually agreeable it cannot last longer than thirty (30) days. d. Failure of the parties to have been violated, the circumstances involved, and the specific remedy sought. Within carry out their responsibilities within the specified time limits, either frames will generate an automatic appeal of the grievant grievance to the 3rd Level (Executive Level). The 3rd Level representatives will determine the action necessary to address the time problem issue and will handle the grievance accordingly. e. Within fourteen (14) days from the date of the meeting (or the immediate supervisor may request a conference. The immediate supervisor shall communicate last adjourned meeting) the Management representative with whom the grievance was discussed will inform the Union in writing on four copies of the Record of Grievance Form (3G3A) of his/her decision proposed position. If the parties agree on an adjustment, the adjustment will be stated as the proposed disposition on the Record of Grievance Form (3G3A) and both parties will sign two copies of the form and each retain one signed copy. f. Within fourteen (14) days from the date when the Union is advised on the Record of Grievance Form (3G3A) of the proposed disposition by the Management representative, the Union will advise the Company on a copy of the Record of Grievance Form (3G3A) whether the proposed disposition is accepted, rejected or appealed. Such advice should be directed to the grievant in writing within ten working days after receiving Management representative with whom the Union discussed the grievance. If the immediate supervisor does grievance is appealed to the 3rd Level, the Union will promptly forward the grievance to the Union's designated representative. Grievances so appealed may nevertheless be dropped without a meeting and without prejudice to the Union's contentions regarding the merits of the grievance. g. The Union's rejection of the proposed disposition by the Management representative at the 2nd Level will close the grievance without prejudice to the Union's contentions regarding the merits of the grievance. h. Grievances involving counseling entries shall not respond be appealed beyond the 2nd level of the grievance procedure. 3. 3rd Level (Executive LevelAssistant Vice President – Labor Relations) - On grievances appealed to the 3rd Level, the Union representative will request a meeting with the appropriate Company representative within ten working thirty (30) days of the date of the appeal and that meeting will be held within thirty (30) days of such request. In the event the appropriate Company representative is unable to meet within that time period, the Company and Union may agree to a fourteen (14) day extension for the meeting. a. If mutually agreed, 3rd Level representatives may extend the time frame, normally not beyond sixty (60) days, to meet and discuss the related grievance. b. If a meeting is not held by the appropriate Company representative within the greater of thirty (30) days of the Union's request for a conference or the extended time period due to the fault of the Company, the Company will have defaulted on that grievance. Upon default by the Company, a remedy of the grievance will be fashioned at the Bargaining Level of the Company. If a remedy cannot be agreed upon at this level, the appropriate remedy will be determined by arbitration under 23.0117. c. All appeals to the 3rd Level will be based upon the record consisting of the Record of Grievance Form (3G3A), Joint Minutes (if any) at the 2nd Level, and any oral or written statements, affidavits or exhibits that the parties at the 2nd Level incorporated into the record. 4. Grievances which involve the true intent and meaning of this or any other agreement between the parties or adversely affect the rights of any employee, or employees, if filed by the Union will be initially presented at the 2nd or 3rd Level; such grievances and those involving alleged violations of the Agreement by the Union, if filed by the Company, will be filed at the 3rd Level of the Company with the District Office of the Union. Each such grievance must be presented, orally or in writing, within sixty (60) days from the date of the last occurrence on which the grievance is based. a. When a grievance is filed by the 3rd Level of the Company with the District Office of the Union as described in 21.01C416.1C4, such grievance will be accompanied by a written statement of position from the Company representative setting forth the Company's position regarding the grievance. Such written position will include the Company's contentions as to the true facts involved, its allegations as to how the Union has violated the Agreement and, if appropriate, its contentions as to the true intent and meaning or interpretation of any provision of the Agreement. The District Office of the Union will have a period of fourteen (14) days in which to reply in writing to the Company's written statement or position and the Union's reply will also set forth its contentions as to the true facts involved, its reply to the Company's allegations, if any, as to how the Union has violated the Agreement and its contentions to the true intent and meaning of the Agreement provisions if such are involved. b. If the grievance under 21.01C4 or 21.01C4a16.1C4 or 16.1C4a is to be arbitrated, the written positions of the parties, or amendments thereto, served on the other party at least fourteen (14) days in advance of the arbitration hearing, will be filed with the arbitrator as exhibits. Such exhibits may be assigned such weight as the arbitrator deems appropriate. 5. When a Union grievance is appealed, the decision of management at the 3rd Level will be given to the Union within seven (7) days after the formal appeal is discussed at a conference (or if last adjourned meeting thereof mutually agreed upon). When the grievant does not agree with grievance is initiated by the decision, the grievant may appeal to the next level. 5.3.2 Level II In the event that the grievant is not satisfied with the decision at Level I, he/she must appeal the decision on the appropriate form to the Superintendent or designee within ten working days after receiving the decision. This statement should include a copy of the original grievance and appealCompany under 21.01C416.1C4, the decision renderedof the District Office of the Union will be given to the Company within seven (7) days after the grievance is discussed at a conference (or last adjourned meeting thereof mutually agreed upon). 6. Grievance adjustments at the 2nd Level will be final and binding, and will not be used as a clear concise statement precedent by either party, except that an adjustment at the 2nd Level may be made subject to the 3rd Level approval if either party at the 2nd Level notifies the other in writing within fourteen (14) days from the date of the reasons for the appealsettlement was executed; that a "true intent and meaning" question exists. The Superintendent (parties will not use a local past practice established by a local level settlement to support controversies that develop in other locations. The parties reserve the right to urge that grievances dropped after having been appealed to arbitration may have, or designee) shall communicate his/her decision within 15 working days after receiving may not have, a precedential effect in accordance with all of the appealcircumstances. Either Each party will advise the grievant or other of the Superintendent (or designee) may request a conference within names of its representatives at the above 3rd Level who are authorized to finally approve settlements made at the 2nd Level of the grievance procedure. D. In computing any period of time limits. In his reviewprescribed by any Agreement between the parties hereto, the Superintendent day of the occurrence, presentation, appeal, decision, request or demand (after which the period of time begins to run) will not be included. The last day of the period will be included, unless it is a Sunday or designee) shall holiday, in which event the period runs until the next day not a Sunday or holiday. Intermediate Sundays and holidays will be free included. Any presentation, appeal, decision, request or demand required to assign another management be in writing will be considered to be made on the date it is postmarked, or dated by Personnel, receipted delivery. E. The presence of a Union Officer, except those certified under 21.01C616.1C6 at the adjustment of any grievance presented by an employee to investigate or of employees, under “A” above, will not be regarded as an agreement on the part of the Union that the grievance was properly adjusted. F. If the parties agree, grievances appealed to the 3rd Level may be discussed, for possible disposition, by the Company and try to resolve the grievance Union at the 2nd Level prior to the Superintendent (or designee) rendering a decision. If the Superintendent (or designee) does not respond within the time limits provided, or if the grievant does not agree with the decision, the grievant may appeal being sent to the next level3rd Level. Time involved in this review will not be counted for any other provisions of this Article. 5.3.3 Level III (Arbitration) If the grievant is not satisfied with the decision at Level II, the Association, on behalf of the grievant may within ten working days appeal the decision on the appropriate form to the Superintendent (or designee). This statement shall include a copy of the original grievance and appeal, the decision rendered and a clear, concise statement of the reasons for appeal. Upon receipt of an appeal, the Superintendent (or designee) shall, within ten working days, supervise the appointment of an arbitrator.

Grievance Levels. 5.3.1 Level I The grievant must present LEVEL ONE 1. Within ten (10) days of its alleged occurrence, the grievance shall be put in writing on in accordance with Section C of this Grievance Procedure and shall be submitted to the appropriate form to his/her immediate supervisor administrative representative. 2. The administrative representative shall confer with the grievant in an effort the resolve the grievance; and, within fifteen ten (1510) working days after the occurrence of the act or omission giving cause for the grievance. This shall be a clear, concise statement receipt of the grievance, shall submit a decision in writing to the date grievant. LEVEL TWO With the mutual agreement of both parties, a voluntary mediation process (win-win) may be used in an attempt to resolve the grievance following a Level One ruling. The process shall be non-binding and interest based. Co-facilitators will be chosen by the Executive Director of Human Resource Services and the President of the alleged grievance, the specific provision Blue Valley Education Association. The mediation process must occur within ten (10) days of the Agreement alleged to have been violatedLevel One ruling. During the mediation process, the circumstances involved, and the specific remedy sought. Within the specified time limits, either the grievant or the immediate supervisor each party may request a conference. The immediate supervisor shall communicate be accompanied by one district employee of his/her decision to the grievant in writing within ten working days after receiving the grievancechoice. If the immediate supervisor does not respond within ten working days after the formal conference or if the grievant does not agree with the decision, the grievant may appeal to the next level.LEVEL THREE 5.3.2 Level II 1. In the event that the grievant Professional Employee is not satisfied with the decision disposition of the grievance at Level IOne, he/she must appeal the decision on Professional Employee shall, within ten (10) days following receipt of the appropriate form Level One decision, submit the written grievance to the Superintendent or designee within ten working days after receiving the decision. This statement should include a copy of the original grievance and appeal, the decision rendered, and a clear concise statement of the reasons for the appealSchools. 2. The Superintendent (or designee) shall communicate his/her decision within 15 working days after receiving the appeal. Either confer with the grievant or the Superintendent (or designee) may request a conference within the above time limits. In his review, the Superintendent (or designee) shall be free to assign another management employee to investigate the grievance and try in an effort to resolve the grievance prior grievance; and, within ten (10) days after the receipt of the grievance, shall submit a decision in writing to the Superintendent (or designee) rendering a decisiongrievant. If LEVEL FOUR 1. In the Superintendent (or designee) does not respond within event the time limits provided, or if the grievant does not agree with the decision, the grievant may appeal to the next level. 5.3.3 Level III (Arbitration) If the grievant Professional Employee is not satisfied with the decision disposition of the grievance at Level IIThree, the Association, on behalf of the grievant may within ten working days appeal the decision on the appropriate form to the Superintendent (or designee). This statement shall include a copy of the original grievance and appeal, the decision rendered and a clear, concise statement of the reasons for appeal. Upon receipt of an appeal, the Superintendent (or designee) Professional Employee shall, within ten working days(10) days following receipt of the Level Three decision, supervise submit the appointment written grievance to the Board of an arbitratorEducation. The Board shall arrange for a meeting with the grievant to take place at the next regularly scheduled Board meeting or not to exceed three (3) weeks after notification. Within ten (10) days following this meeting the Board shall submit its written decision to the grievant.