Common use of Grievance Procedure Levels Level One (Unit Level Clause in Contracts

Grievance Procedure Levels Level One (Unit Level. When the grievant becomes aware of a situation or issue with regards to the collective bargaining agreement, practice, administrative regulation, or Board policy, the grievant has 20 working days to initiate discussion with the principal or immediate supervisor individually or accompanied by a grievance representative. The parties will have 20 working days to pursue an informal resolution. When resolution is achieved, the results will be preserved in writing. However, if the parties are unable to reach resolution, or if the grievant is not satisfied with resolution, the grievance will be referred to Level Two in writing by the grievant. The district and the Association will assemble an interest-based strategies (IBS) team which will meet on a regularly scheduled basis each month to address Level Two grievances. The superintendent or his/her designee shall schedule the IBS team to meet with the grievant within 30 working days to resolve the grievance. The team is comprised of NCEA representatives and district administrators who have been trained in IBS. The timeline may be extended by written mutual agreement between the team and grievant. When resolution is achieved, the results will be preserved in writing. However, if the parties are unable to reach resolution, or if the grievant is not satisfied with the resolution, the grievance will be referred to Level Three in writing by the grievant within 20 working days. The appeal shall be in writing and copies delivered to Board members, superintendent, and persons officially involved. The grievant may request and shall be granted an open hearing. The hearing will be scheduled for a date when there is a quorum of the Board available to participate as hearing officers and when the grievant and the grievant’s representative are available. Every attempt will be made to schedule the hearing within 20 working days of the filing of the appeal or for the next Board meeting. The historical documentation of the process will be submitted to the Board at least seven calendar days prior to the Level Three hearing. The Association representative(s) will present the matter at the Level Three hearing at which time the Board may ask questions of the parties involved. Since the members of the Board are functioning as Hearing Officers, those participating in the hearing shall comply with the definitions in Sections 4.1 E and 4.2 N. Those unable to qualify shall withdraw themselves from the hearing and in no way shall participate in the decision rendered at this Level. The Board shall communicate to the grievant and all other parties officially present at the hearing its written decision and the facts that are the basis for that decision within 15 working days of the hearing. A. There may be differences of opinion as to the interpretation or application of this agreement. It is the desire of all parties to have such differences of opinion or application adjusted as quickly and efficiently as possible. Binding arbitration shall be confined to the interpretation, meaning, or application of a specified term or provision of the collective bargaining agreement arrived at by the parties. If the grievant claims that the areas for binding arbitration have been violated, the following areas of management’s judgment are subject to binding arbitration: 1. The processing of complaint procedures against unit members; 2. The accuracy of the content in unit member evaluations; 3. The fairness in application of the district’s printed criteria for and/or the district’s printed standards regarding unit member evaluations; however, those criteria and standards in and of themselves are not subject to binding arbitration. B If the grievant is not satisfied with the disposition of the grievance at Level Three or if no decision has been rendered within 10 working days after the grievance was heard by the Board, the grievant may request in writing, within 10 working days, that the Association submit the grievance to arbitration. If the Association so determines, it may submit the grievance to arbitration within 15 working days after receipt of a request by the grievant. The district and/or Association shall (1) submit a written notice to the other party of its intention to arbitrate, which notice shall contain a statement setting forth the nature of the dispute and the remedy sought, and (2) file at any regional office of the American Arbitration Association (AAA) three copies of said notice, together with a copy of the agreement or such parts thereof as relate to the dispute, including the arbitration provisions.

Grievance Procedure Levels Level One (Unit Level. When the grievant becomes aware of a situation or issue with regards to the collective bargaining agreement, practice, administrative regulation, or Board policy, the grievant has 20 working days to initiate discussion with the principal or immediate supervisor individually or accompanied by a grievance representative. The parties will have 20 working days to pursue an informal resolution. When resolution is achieved, the results will be preserved in writing. However, if the parties are unable to reach resolution, or if the grievant is not satisfied with resolution, the grievance will be referred to Level Two in writing by the grievant. The district and the Association will assemble an interest-based strategies (IBS) team which will meet on a regularly scheduled basis each month to address Level Two grievances. The superintendent or his/her designee shall schedule the IBS team to meet with the grievant within 30 working days to resolve the grievance. The team is comprised of NCEA representatives and district administrators who have been trained in IBS. The timeline may be extended by written mutual agreement between the team and grievant. When resolution is achieved, the results will be preserved in writing. However, if the parties are unable to reach resolution, or if the grievant is not satisfied with the resolution, the grievance will be referred to Level Three in writing by the grievant within 20 working days. The appeal shall be in writing and copies delivered to Board members, superintendent, and persons officially involved. The grievant may request and shall be granted an open hearing. The hearing will be scheduled for a date when there is a quorum of the Board available to participate as hearing officers and when the grievant and the grievant’s representative are available. Every attempt will be made to schedule the hearing within 20 working days of the filing of the appeal or for the next Board meeting. The historical documentation of the process will be submitted to the Board at least seven calendar days prior to the Level Three hearing. The Association representative(s) will present the matter at the Level Three hearing at which time the Board may ask questions of the parties involved. Since the members of the Board are functioning as Hearing Officers, those participating in the hearing shall comply with the definitions in Sections 4.1 E and 4.2 N. Those unable to qualify shall withdraw themselves from the hearing and in no way shall participate in the decision rendered at this Level. The Board shall communicate to the grievant and all other parties officially present at the hearing its written decision and the facts that are the basis for that decision within 15 working days of the hearing. A. There may be differences of opinion as to the interpretation or application of this agreement. It is the desire of all parties to have such differences of opinion or application adjusted as quickly and efficiently as possible. Binding arbitration shall be confined to the interpretation, meaning, or application of a specified term or provision of the collective bargaining agreement arrived at by the parties. If the grievant claims that the areas for binding arbitration have been violated, the following areas of management’s judgment are subject to binding arbitration: 1. The processing of complaint procedures against unit members; 2. The accuracy of the content in unit member evaluations; 3. The fairness in application of the district’s printed criteria for and/or the district’s printed standards regarding unit member evaluations; however, those criteria and standards in and of themselves are not subject to binding arbitration. B If the grievant is not satisfied with the disposition of the grievance at Level Three or if no decision has been rendered within 10 working days after the grievance was heard by the Board, the grievant may request in writing, within 10 working days, that the Association submit the grievance to arbitration. If the Association so determines, it may submit the grievance to arbitration within 15 working days after receipt of a request by the grievant. The district and/or Association shall (1) submit a written notice to the other party of its intention to arbitrate, which notice shall contain a statement setting forth the nature of the dispute and the remedy sought, and (2) file at any regional office of the American Arbitration Association (AAA) three copies of said notice, together with a copy of the agreement or such parts thereof as relate to the dispute, including the arbitration provisions. C. Selection of the arbitrator shall be from a list of arbitrators provided by the Employee Relations Board (XXX) and selection of an arbitrator shall be mutually agreed upon by the district and the Association. The arbitrator shall be without power or authority to make any decisions which require the commission of an act prohibited by law or which is in violation of this agreement. The decision of the arbitrator shall be final and binding on the parties unless the arbitrator has exceeded jurisdiction or in some other way acted improperly. In such cases, either the Association or the Board may seek remedy through the courts. D. Costs for the arbitrator’s services, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be borne equally by the Association and the Board. Any other expenses (witnesses, travel, materials, etc.) shall be paid by the party incurring same.

Grievance Procedure Levels Level One (Unit Level. When the grievant becomes aware of a situation or issue with regards to the collective bargaining agreement, practice, administrative regulation, or Board policy, the grievant has 20 working days to initiate discussion with the principal or immediate supervisor individually or accompanied by a grievance representative. strategies (IBS). The parties will have 20 working days to pursue an informal resolution. using interest-based When resolution is achieved, the results will be preserved in writing. However, if the parties are unable to reach resolution, or if the grievant is not satisfied with resolution, the grievance will be referred to Level Two in writing by the grievant. The district and the Association will assemble an interest-based strategies (IBS) team which will meet on a regularly scheduled basis each month to address Level Two grievances. The superintendent or his/her designee shall schedule the IBS team to meet with the grievant within 30 working days to resolve the grievance. The team is comprised of NCEA representatives and district administrators who have been trained in IBS. The timeline may be extended by written mutual agreement between the team and grievant. When resolution is achieved, the results will be preserved in writing. However, if the parties are unable to reach resolution, or if the grievant is not satisfied with the resolution, the grievance will be referred to Level Three in writing by the grievant within 20 working days. The appeal shall be in writing and copies delivered to Board members, superintendent, and persons officially involved. The grievant may request and shall be granted an open hearing. The hearing will be scheduled for a date when there is a quorum of the Board available to participate as hearing officers and when the grievant and the grievant’s representative are available. Every attempt will be made to schedule the hearing within 20 working days of the filing of the appeal or for the next Board meeting. The historical documentation of the process will be submitted to the Board at least seven calendar days prior to the Level Three hearing. The Association representative(s) will present the matter at the Level Three hearing at which time the Board may ask questions of the parties involved. Since the members of the Board are functioning as Hearing Officers, those participating in the hearing shall comply with the definitions in Sections 4.1 E and 4.2 N. Those unable to qualify shall withdraw themselves from the hearing and in no way shall participate in the decision rendered at this Level. The Board shall communicate to the grievant and all other parties officially present at the hearing its written decision and the facts that are the basis for that decision within 15 working days of the hearing. A. There may be differences of opinion as to the interpretation or application of this agreement. It is the desire of all parties to have such differences of opinion or application adjusted as quickly and efficiently as possible. Binding arbitration shall be confined to the interpretation, meaning, or application of a specified term or provision of the collective bargaining agreement arrived at by the parties. If the grievant claims that the areas for binding arbitration have been violated, the following areas of management’s judgment are subject to binding arbitration: 1. The processing of complaint procedures against unit members; 2. The accuracy of the content in unit member evaluations; 3. The fairness in application of the district’s printed criteria for and/or the district’s printed standards regarding unit member evaluations; however, those criteria and standards in and of themselves are not subject to binding arbitration. B If the grievant is not satisfied with the disposition of the grievance at Level Three or if no decision has been rendered within 10 working days after the grievance was heard by the Board, the grievant may request in writing, within 10 working days, that the Association submit the grievance to arbitration. If the Association so determines, it may submit the grievance to arbitration within 15 working days after receipt of a request by the grievant. The district and/or Association shall (1) submit a written notice to the other party of its intention to arbitrate, which notice shall contain a statement setting forth the nature of the dispute and the remedy sought, and (2) file at any regional office of the American Arbitration Association (AAA) three copies of said notice, together with a copy of the agreement or such parts thereof as relate to the dispute, including the arbitration provisions.

Grievance Procedure Levels Level One (Unit Level. When the grievant becomes aware of a situation or issue with regards to the collective bargaining agreement, practice, administrative regulationAdministrative Regulation, or Board policy, the grievant has 20 working days to initiate discussion with the principal or immediate supervisor individually or accompanied by a grievance representative. The parties will have 20 working days to pursue an informal resolution. When resolution is achieved, the results will be preserved in writing. However, if the parties are unable to reach resolution, or if the grievant is not satisfied with resolution, the grievance will be referred to Level Two in writing by the grievant. The district and the Association will assemble an interest-based strategies (IBS) team which will meet on a regularly scheduled basis each month to address Level Two grievances. The superintendent or his/her their designee shall schedule the IBS team to meet with the grievant within 30 working days to resolve the grievance. The team is comprised of NCEA representatives and district administrators who have been trained in IBS. The timeline may be extended by written mutual agreement between the team and grievant. When resolution is achieved, the results will be preserved in writing. However, if the parties are unable to reach resolution, or if the grievant is not satisfied with the resolution, the grievance will be referred to Level Three in writing by the grievant within 20 working days. The appeal shall be in writing and copies delivered to Board members, superintendent, and persons officially involved. The grievant may request and shall be granted an open hearing. The hearing will be scheduled for a date when there is a quorum of the Board available to participate as hearing officers and when the grievant and the grievant’s representative are available. Every attempt will be made to schedule the hearing within 20 working days of the filing of the appeal or for the next Board meeting. The historical documentation of the process will be submitted to the Board at least seven calendar days prior to the Level Three hearing. The Association representative(s) and the district representative(s) will each present the matter at the Level Three hearing at which time the Board may ask questions of the parties involved. Since the members of the Board are functioning as Hearing Officers, those participating in the hearing shall comply with the definitions in Sections 4.1 E and 4.2 N. Those unable to qualify shall withdraw themselves from the hearing and in no way shall participate in the decision rendered at this Level. The Board shall communicate to the grievant and all other parties officially present at the hearing its written decision and the facts that are the basis for that decision within 15 working days of the hearing. A. There may be differences of opinion as to the interpretation or application of this agreement. It is the desire of all parties to have such differences of opinion or application adjusted as quickly and efficiently as possible. Binding arbitration shall be confined to the interpretation, meaning, or application of a specified term or provision of the collective bargaining agreement arrived at by the parties. If the grievant claims that the areas for binding arbitration have been violated, the following areas of management’s judgment are subject to binding arbitration: 1. The processing of complaint procedures against unit members; 2. The accuracy of the content in unit member evaluations; 3. The fairness in application of the district’s printed criteria for and/or the district’s printed standards regarding unit member evaluations; however, those criteria and standards in and of themselves are not subject to binding arbitration. B If the grievant is not satisfied with the disposition of the grievance at Level Three or if no decision has been rendered within 10 15 working days after the grievance was heard by the Board, the grievant may request in writing, within 10 working days, that the Association submit the grievance to arbitration. If the Association so determines, it may submit the grievance to arbitration within 15 working days after receipt of a request by the grievant. The district and/or Association shall (1) submit a written notice to the other party of its intention to arbitrate, which notice shall contain a statement setting forth the nature of the dispute and the remedy sought, and (2) file at any regional office of the American Arbitration Association (AAA) three copies of said notice, together with a copy of the agreement or such parts thereof as relate to the dispute, including the arbitration provisions.