GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps: Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain: a. it shall be signed by the grievant(s)/Association. b. it shall be specific; c. it shall contain a synopsis of the facts giving rise to the alleged violation; d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated; e. it shall contain the date of the alleged violation; f. it shall specify the relief requested; g. it shall indicate approval or disapproval by the Association. Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 9 contracts
Samples: Employment Agreement, Employment Agreement, Employment Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should An Employee may informally discuss a membercomplaint with his/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Associationher supervisor, with or without a designated representativehis/her Grievance Committeeman (Griever) being present. However, if the Employee wishes to use this grievance procedure, s/he shall discuss report the matter to his/her Griever, who must refer it to Step 1 of the grievance procedure by completing a grievance form and submitting it to the Employee’s supervisor within thirty (30) days of the date on which the Employee first knew or should have known of the facts which gave rise to the grievance. The grievance form shall be signed by the Griever and the Employee. The supervisor shall sign and date the grievance form and return a completed copy to the Griever.
a. Step 1 – Oral
(1) A grievance received in Step 1 shall be discussed at a meeting with the Supervisor informally Grievance Committeeman from the area and/or the Griever, the grievant and the grievant’s supervisor at a mutually convenient time within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days receipt of the alleged violation grievance form. Management may call any non-represented employee as a witness to provide testimony and/or evidence to the meeting. The Union may call any USW represented Employee as a witness to provide testimony and/or evidence to the meeting.
(2) The supervisor shall answer the grievance no later than three (3) days after the Step 1 hearing. If settled in Step 1, the grievance form shall be so noted and discuss signed and dated by the written grievance with Griever, the Supervisor Grievance Committeeman and the grievant’s supervisor.
(3) If not settled or withdrawn in Step 1, the Union shall, within five (5) work days after of the Company’s Step 1 response, provide the Company with a written record, signed by the Grievance Committeeman, of the grievance, including the grievance is filed. If no satisfactory conclusion is reached number, a statement of the grievance, the Union’s understanding of the facts, its position and the reasons therefor, the remedy requested and the date submitted.
(4) Upon receipt, the Company shall, within five three (53) work days following days, provide the discussion Grievance Committeeman and the Chair of the Union’s Grievance Committee (the Grievance Chair) with its version of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days record of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the SuperintendentCompany, with the officer same set of information required of the Board in charge of drawing up Union. These two (2) completed forms shall comprise the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionStep 1 written record.
Appears in 9 contracts
Samples: Collective Bargaining Agreement, Basic Labor Agreement, Basic Labor Agreement
GRIEVANCE PROCEDURE. A. A 4.1 Any grievance, which may arise between Union, or any of its members, and the City, with respect to the interpretation or application of any of the terms of this Memorandum of Understanding, and with respect to such matters as the alleged discriminatory or arbitrary discharge, demotion or discipline of an individual employee, shall be determined by the provisions of this Article, except that such matters as are included in the definition of impasse as set forth in Resolution No. 2012-091 are not a grievance. Probationary employees shall not be entitled to invoke Article 4, Grievance Procedure, with regard to matters of discharge or demotion. This shall not, however, prevent a probationary employee from exercising any other rights under this Memorandum of Understanding. Work day as used in this Article shall mean any day when City Hall is open to serve the public.
4.2 Step One: The initial step in the adjustment of a grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of a discussion between the member. Should a member/Association feel that there has been a violation, he/she Shop Xxxxxxx and the immediate supervisor directly involved who will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative answer within ten (10) work days. This step shall be started within thirty (30) work days after receipt of the date of the action complained of, or the date the grievant became aware of the incident which is the basis for the grievance. This step may be taken during the working hours of the Shop Xxxxxxx.
4.3 Step Two: If a grievance is not resolved in the initial step, the second step shall be a written presentation of the grievance to discuss the grievancePower Plant Manager or Electric Program Supervisor and a discussion between the Shop Xxxxxxx and the Power Plant Manager or Electric Program Supervisor, as applicable who shall answer in writing within ten (10) work days. Within This step shall be taken within ten (10) work days of the discussiondate of the answer in Step One.
4.4 Step Three: If a grievance is not resolved in the second step, the Superintendent or his/her designated agent third step shall render his/her decision in writing, transmitting be a copy written presentation of the same grievance to the grievantDivision Head and a discussion between the Shop Xxxxxxx and the Division Head, the Association representative, and appropriate Supervisor, and place a copy of same who shall answer in a permanent file in his/her officewriting within ten (10) work days. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, This step shall be taken within ten (10) work days of receipt the date of the Superintendent's decisionPower Plant Manager or Electric Program Supervisor’s answer as applicable in Step Two.
Appears in 7 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE PROCEDURE. A. A "grievance" is a dispute between the Board of Education and an employee represented by the Union, whether or not such employee is a member of the Union, or between the Union and the Board of Education, as hereinafter provided, concerning the interpretation, application of, or compliance with, any provision of this Agreement. When any such grievance arises, the following steps shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following stepsobserved:
Step 1: The member/Association, with or without a designated representative, shall discuss In the event that the grievance with is not resolved during the Supervisor informally Informal step, or in the event the Informal step is not applicable, within five twenty (520) work days after the occurrence or twenty (20) days after the aggrieved or the union knew or reasonably should have known of the alleged violation andincident which is the subject of the grievance, if not resolved, shall the aggrieved and the Union may file a written grievance by completing Step 1 of the Grievance Report Form (Appendix F). The grievance shall be signed by both the employee and a union officer and/or grievance chair. The grievance must be dated and must state the alleged facts on which the grievance is based, the date on which the claimed violation of this Agreement occurred, the provision of this Agreement which allegedly has been violated and the relief or remedy requested. The grievance will be filed with the Supervisor within fifteen grievant's immediate supervisor. Within seven (157) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange supervisor will conduct a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance aggrieved to discuss the grievancegrievance and attempt to resolve it. Within ten (10) work days following this meeting, the supervisor will state the decision in writing on the grievance form and provide a copy to the aggrieved. The failure of the aggrieved to appeal any decision to the next step within seven (7) days shall constitute a waiver of the right of further appeal, and a final disposition of the grievance shall be made on the basis of the last decision given.
Step 2: In the event that the Union and the aggrieved are not satisfied with the disposition of the grievance at Step 1, the Union may, within seven (7) days of receipt of such decision, request the discussionsupervisor to forward the grievance to the Superintendent or designee. The Superintendent or designee, the department head involved, the employee, and the union’s President or his designee, shall meet within ten (10) days after the grievance has been filed with the Superintendent or his/her designated agent designee. The Superintendent or designee shall render his/her decision in writing, transmitting a copy of answer the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, grievance within ten (10) work days of receipt after the meeting has been held by giving a copy of the Superintendentanswer to the employee and mailing a copy to the Union’s President or his designee.
Step 3: If the Union and the aggrieved are not satisfied with the disposition on Step 2, the Union may request that the issue be presented at a mediation conference, which shall be presided over by a mediator. Such request must be made in writing within seven (7) days after the grievant receives the Step 2 disposition. The Federal Mediation and Conciliation Service shall be requested to appoint one of its mediators to conduct mediation conferences as requested by either of the parties.
Step 4: If the Board of Education's decisionanswer is not accepted under the procedures set forth in Step 3 , the Union may submit the grievance to binding arbitration by serving written notice upon the Superintendent or designee of its intention to arbitrate the grievance within ten (10) days after the Step 3 mediation conference is concluded.
Appears in 7 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance 9.01 It is the mutual desire of the Parties hereto that complaints of employees shall be defined adjusted as quickly as possible and it is understood that an alleged violationEmployee or the Union on their behalf, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of has no grievance until the member. Should a member/Association feel that there employee’s immediate supervisor has been given an opportunity to adjust the complaint. If an employee has a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, complaint they shall discuss the grievance it with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor their immediate supervisor within fifteen (15) work days after the employee would reasonably be expected to have become aware of the circumstances giving rise to the complaint. The immediate supervisor shall be allowed seven (7) days to communicate their answer to the complainant. Failing settlement, it may then be taken up as a grievance. In the case of a job competition grievance, it is understood that the appropriate supervisor will be the recruiting supervisor. A grievance is defined as a complaint with respect to the application, interpretation, administration or alleged violation of this Agreement. At any stage of the grievance procedure (including the verbal complaint stage) the grievor may be accompanied by a Union representative, who may be an employee of the University.
Step 1 Within seven (7) days of the supervisor’s decision the employee or the Union may present the alleged violation grievance in writing, on a form agreed to by the University and discuss the Union, to their supervisor’s supervisor. Each written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.grievor or the Union and shall include:
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain (a) the date of presentation;
(b) the nature of the grievance;
(c) the remedy sought;
(d) the paragraph or paragraphs of this Agreement allegedly violated or the alleged violation;
f. it occurrence said to have caused the grievance. The supervisor’s supervisor will meet with the grievor within seven (7) days to discuss the grievance. The employee may be assisted in the presentation of the grievance by a Union representative who may be an employee of the University. Failing an immediate settlement, the supervisor shall specify deliver the relief requested;
g. it shall indicate approval or disapproval by decision in writing to the Associationemployee and to the Union within seven (7) days following the presentation of the grievance.
Step 2: 2 If not settled at Step 1, the grievor or the Union together with a representative of the Union Grievance Committee, as hereinafter constituted, may submit the alleged grievance to the Associate Vice-President (Human Resources) or designate within seven (7) days of the reply of Step 1. The Superintendent Associate Vice President (Human Resources) or his/her designated agent designate shall arrange a meeting meet with the grievant and/or grievor, the designated Association representative Union Grievance Committee, and the Local Union President within ten (10) work days after receipt of the grievance to discuss presentation of the grievance. Within ten (10) work days A Representative of the discussionInternational Union may also be in attendance if requested by either Party. The Associate Vice-President (Human Resources), the Superintendent or his/her designated agent designate shall render his/her their decision in writing, transmitting a copy writing to the grievor and to the Chair of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, Union Grievance Committee within ten (10) work days of the above meeting.
Step 3 Failing settlement of the grievance at Step 2, the Union may submit grievance to arbitration as hereinafter provided within thirty (30) days of the receipt of the Superintendent's decisiondecision at Step 2.
9.02 After a grievance has been filed, the time limits outlined in 9.01 may be extended by agreement between the Union and the University. Where no such agreement has been made and the time limits as described have not been followed, or where an agreed extension has expired, either party may advance the grievance to the next step of the grievance procedure including arbitration. However, the grievance shall be deemed abandoned if the party having filed the grievance does not advance the grievance to arbitration within thirty (30) days from the receipt of the decision at Step 2.
Appears in 7 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A 14.01 Employees shall attempt to settle any differences, complaints or disputes with their immediate Supervisor before proceeding with the Grievance Procedure. Employees are encouraged to promptly bring forward any differences so that problems can be clearly understood and resolved.
14.02 Nothing contained in this Agreement shall preclude an employee's right to the Grievance Procedure.
14.03 If there should arise any difference between the Company and the Union regarding the interpretation, application, or alleged violation of the Collective Agreement, or a question as to whether any matter is arbitrable, an xxxxxxx effort shall be made to settle the dispute in the following manner: STAGE ONE
14.04 Within seven (7) workdays of the employee or employees becoming aware of, or the date they should have become aware of, the grievance shall be defined as submitted in writing to the immediate Supervisor. The Supervisor, together with such other management person he wishes, shall meet promptly with the grievor(s) and/or his Xxxxxxx in an alleged violation, misinterpretationattempt to resolve the grievance. The Supervisor shall respond in writing within seven (7) workdays of his receiving the written grievance. Failing settlement then; STAGE TWO
14.05 Within seven (7) workdays from the time the immediate Supervisor responded in writing, or misapplication of this Agreement should have responded, the grievor(s) or written Board policies affecting working conditions his Xxxxxxx and/or Lead Xxxxxxx shall present the grievance in writing, on the Union grievance form, to the appropriate Department Superintendent or his designated substitute. The Department Superintendent, or his designated substitute, shall give his decision in writing within seven (7) workdays from the time the grievance was advanced to Stage Two. Failing a settlement, then, STAGE THREE
14.06 Within seven (7) workdays from the time when the decision at Stage Two has been or should have been given, a Business Representative of the memberUnion may give notice in writing, requesting further consideration of the matter to the General Manager or his substitute designated by him to handle such matters at Stage Three. Should a member/Association feel that there has been a violationA meeting shall be held within fourteen (14) workdays from the date upon which the General Manager received written notice requesting further consideration of the matter at Stage Three. The employee(s) making the complaint may be present at this meeting if the Company or the Union so requests. A Business Representative of the Union or his designate, he/she will take accompanied by the following steps:
Step 1: The member/Association, with Lead Xxxxxxx or without a designated representativeXxxxxxx involved, shall discuss the grievance with the Supervisor informally within five (5) work days be present at this meeting. The General Manager may, if he so desires, be accompanied by other officials of the alleged violation and, if not resolved, Company. The General Manager shall file a written grievance with the Supervisor within fifteen (15) work days give his decision in writing on behalf of the alleged violation and discuss the written grievance with the Supervisor Company within five seven (57) work days workdays after the grievance is filedsuch a meeting. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority Failing settlement either party may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative express its intent within ten (10) work days after receipt of workdays to the other party in writing to submit the grievance to discuss arbitration, according to the provisions of Article 15 of this Agreement.
(a) A grievance which alleges that an employee has been suspended without just cause may be commenced at Stage Two above provided it is done within seven (7) workdays after the alleged grievance has arisen.
(b) A grievance. Within ten , which alleges that an employee has been discharged without just cause, may be commenced at Stage Three above provided it is done within seven (107) work workdays after the alleged grievance has arisen.
14.08 Any difference which arises between the Company and the Union concerning an interpretation, application, operation or alleged violation of this Collective Agreement, instead of following the procedure herein before set out, may be submitted as a written grievance to be initiated at Stage Three, within twenty-one (21) days of the discussion, occurrence giving rise to the Superintendent grievance.
14.09 Each step to be taken under the procedure set forth in this Article (including any reference to arbitration and those relating to discharge cases) shall be taken by the party concerned within the time limits set forth or his/her designated agent the matter shall render his/her decision be deemed to have been abandoned.
14.10 Any and all time limits fixed by this Article for the taking of action by either party or by an employee may at any time be extended by mutual agreement in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 7 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A The term "teacher" as used in this article shall mean one or more teachers.
B. All teachers shall have the right to a fair and equitable grievance procedure.
C. Each teacher has a right to this grievance procedure to be used for the settlement of disputes between the teacher and his/her immediate supervisor involving the interpretation or application of this agreement.
D. Whenever a teacher feels that there is a grievance, every effort should be made to arrive, on an informal basis with the immediate supervisor, at a mutually satisfactory solution to the grievance. When this cannot be done, resort should be to the more formal procedure stated herein in an effort to resolve grievances. Grievances at Step I and Step II shall be defined conducted in private. The aggrieved teacher and the administrator shall have the right in such instances to request the presence of a representative. Nothing in this agreement shall be construed to prevent any teacher from presenting at any time his/her grievance in person or by legal counsel as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of outlined in Florida Statutes and the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:Florida School Code.
Step 1: I The memberemployee shall submit to his/Associationher principal or immediate supervisor a signed written statement of fact(s) on an official grievance form. Such statement shall be specific. Such grievance must be presented within a reasonable time, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within but in no event longer than fifteen (15) work days workdays after an employee should have been aware of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance act or condition which is not within the scope basis of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with grievance. In the grievant and/or event such an alleged act or condition occurs within the designated Association representative within ten last two (102) work days after receipt weeks of the employee's contract year, the grievance to discuss the grievancemust be presented within twenty (20) calendar days. Within ten (10) work days workdays of the discussion, receipt of the Superintendent or his/her designated agent shall render his/her decision grievance in writing, transmitting a copy of meeting shall take place between the same principal or immediate supervisor and the grievant and, if either party desires, their representative. The principal or immediate supervisor shall respond to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meetingwriting, within ten (10) work days workdays after the meeting and shall furnish copies thereof to the employee.
Step II If the employee is not satisfied with the disposition of the grievance at Step I, the employee may appeal to the Superintendent or his designee within five (5) workdays after he/she has received the disposition of Step I. Said appeal shall be written on the official grievance form and transmitted to the Superintendent or his designee in person or via certified mail, return receipt requested. Within ten (10) workdays after receipt of the grievance at Step II the Superintendent or his designee shall meet and confer with the employee with a view to arriving at a mutually satisfactory solution of the grievance. At the conference(s) the employee and the Superintendent or his designee may have his/her representative present. Absence of the Association’s representative will not prevent the conference(s) from being held if the Association has been given forty-eight (48) hours prior notice. Notice of the conference shall be given also to the persons who rendered the decision at previous steps. The principal or immediate supervisor and the Superintendent's decision’s designee may be present at the conference(s) to state his views. The Superintendent/designee shall respond to the grievance, together with supporting reasons in writing via certified mail or in person to the employee, within ten (10) working days after the Step II conference. Those persons who rendered the decision at Step I shall also receive a copy of the decision at this step.
Appears in 7 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, a dispute between the County and The Association arising over the interpretation or misapplication application of a specific aspect of this Agreement or written Board policies affecting working conditions agreement which is not a Management Right. Grievances as defined above shall be resolved pursuant to this Article. This Article shall not apply to disciplinary action of any form covered by Article 9.
B. An Association grievance committee shall be established consisting of three members. Such committee shall be selected in a manner to be determined by the Association membership. The purpose of the member. Should Association grievance committee is to aid the Association and employee in resolution of grievances or to determine whether to pursue the matter through the grievance procedure.
C. If the employee feels he/she has a member/Association feel that there has been a violationgrievance, he/she will shall take up the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance matter with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative immediate supervisor within ten (10) work days after receipt the employee becomes aware of the grievance event giving rise to discuss the grievance.
D. The immediate supervisor shall make every attempt to reach an acceptable solution to the problem within ten (10) days after it has been submitted to him. Any grievance settlement shall be approved in writing by the Department Head and the County Manager.
E. If the grievance is not settled during the informal discussion, the Association may proceed with the matter. Within ten (10) work days of after the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same event giving rise to the grievantgrievance, the Association representativeshall submit the grievance in writing to the immediate supervisor, the Department Head and appropriate Supervisor, provide the following information:
1. The employee’s name;
2. The employee’s position classification;
3. The employee’s department;
4. A complete statement of the nature of the grievance citing the specific section of this agreement which is the basis for the grievance;
5. Any attempts made to resolve the problem;
6. A proposed solution to the grievance;
7. Signature of the President of the Association; and
8. The date the grievance arose and place a copy of same the date the employee signed the statement.
F. The Association grievance committee and the immediate supervisor shall attempt to resolve the matter. Any grievance settlement shall be approved in a permanent file in his/her officewriting by the Department Head and the County Manager. If the decision grievance is not settled within ten (10) days after receipt of the Superintendent is unsatisfactory to written grievance by the AssociationCounty officials as described in paragraph E above, the Association may appeal same submit the written grievance with the information outlined above to the Board of Education by filing a written County Manager. The County Manager shall arrange for any meetings and investigations necessary to enable him to respond in writing to the Association regarding the grievance within ten (10) days from the date he received said grievance, along with .
G. If the decision matter is not settled in the previous step within three (3) days after receipt of the Superintendentwritten response from the County Manager, with the officer of the Board in charge of drawing up the agenda for the Board's meetingAssociation may, within ten (10) work days of receipt of the Superintendent's decisionCounty Manager’s decision notify the County Manager in writing of its desire to submit the matter to an arbitrator; or, at the Association’s option to the County Commissioners. If arbitration is chosen, the arbitrator shall be selected from a panel of seven (7) arbitrators provided by the Federal Mediation and Conciliation Service.
H. The decision of the arbitrator, or if selected the County Commissioners, shall be final and binding. The decision shall be in writing and shall set forth findings of fact, reasoning and conclusions on the issues submitted.
I. The arbitrator will 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 the terms of this agreement. Nor will the arbitrator, or if selected the County Commissioners, have any power to amend, modify, add or delete provisions of this agreement.
J. The fees and expenses of the arbitrator shall be borne equally by the parties. Costs and fees associated with the use of a court reporter including the copies of transcripts (one (1) per party and original for arbitrator) shall be shared equally by the parties
K. The time limits specified in the preceding sections may be extended by the mutual agreement of the parties.
L. The Association shall furnish the County with the names of the members of the Association grievance committee.
M. Any employee, informally seeking, or formally filing a request to have his/her grievance reviewed, shall not be discriminated against while doing so or testifying on behalf of another employee or assisting another employee to prepare a grievance report or acting as a representative of any employee requesting a grievance review.
N. For purposes of this Article, the term “day” means any day Monday through Friday excluding holidays.
O. The time limits set forth in this Article shall be strictly construed. If the Association fails to file and/or process the grievance in a timely manner, it shall be conclusively presumed that the grievance is withdrawn with prejudice or has been satisfied.
P. If the County fails to respond to the grievance in the time limits established in the preceding sections the matter automatically moves to the next step.
Appears in 6 contracts
Samples: Labor Agreement, Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE. A. A grievance The following sets forth steps to be followed in attempting to resolve grievances:
STEP 1: In the event the problem is not resolved informally, as set forth in Section 7.4, it shall be defined reduced to writing and submitted to the appropriate administrator as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five thirty (530) work days of the alleged violation and, if not resolved, shall file a written grievance with time the Supervisor within fifteen (15) work days grievant had knowledge of or should have had knowledge of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts problem giving rise to the alleged violation;
d. grievance. The written grievance shall state the fact(s) upon which it shall cite is based, the section or subsections of this contract or written Board policy alleged to have been issue involved, any Agreement provisions allegedly violated;
e. it shall contain the date of the alleged violation;
f. it shall specify , and the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a sought. A meeting with between the grievant and/or and the designated Association representative administrator shall be held to resolve the grievance within ten (10) work days after following receipt of the written grievance by the administrator. The administrator must respond to discuss the grievance. Within ten (10) work written grievance within 10 days following this meeting.
STEP 2: In the event the grievant is unsatisfied with the disposition of the discussiongrievance at Step 1, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, grievant and/or the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meetingmay, within ten (10) work days thereafter, refer the matter in writing to the District Superintendent, either by registered mail or in person.
(A) If the Association decides not to pursue the grievance, it shall so notify the grievant and the District Superintendent in writing, and the matter, insofar as the Association is concerned, is terminated.
(B) An Association representative and the grievant, in pursuing the grievance on behalf of receipt the grievant, shall meet with the Superintendent and/or his or her designated representative(s) within ten (10) working days of the Superintendent's decisionreceipt of the notice in an effort to resolve the grievance.
(C) Time limits, as set forth in this section, shall also apply when an employee is acting on his/her own behalf. The Superintendent or his or her designee shall issue a written response to the grievance within fifteen (15) days following this meeting.
STEP 3: In the event the grievant is unsatisfied with the disposition of the grievance at the conclusion of Step 2, said grievant may refer the matter to arbitration as provided below. If the grievant is unsatisfied with the disposition of Step 2 of the grievance procedure, the grievant may, within ten (10) days, and with the consent of the Association, submit the matter to arbitration. Notice of intent to arbitrate shall first be provided to the District in writing. Except for Association grievance as defined in Section 7.3, submission of any grievance to arbitration shall require the grieving employee's consent. Any grievance relating to interpretation or application of the specific provision(s) of this Agreement may be submitted to arbitration unless excluded by the other provisions of this Agreement or this Article.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance Step 1. An employee who believes he has been aggrieved shall be defined as an alleged violation, misinterpretation, or misapplication discuss this issue with his immediate supervisor of this Agreement or written Board policies affecting working conditions non-bargaining unit status within ten (10) workdays of the memberdate of occurrence or within a similar time period after the employee should reasonably have learned of the event giving rise to the grievance. Should In the absence of the employee's immediate supervisor of non-bargaining unit status or in the event the employee's immediate non-unit supervisor is a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated Division level management representative, shall discuss the aggrieved may initially submit the grievance with in written form to that representative within the time period established herein. The Supervisor informally shall, within five (5) work days workdays of being advised of the alleged violation andgrievance, if respond either orally to the employee or in writing, as appropriate.
B. Step 2. If the grievance is not resolvedresolved at Step 1, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within employee, not later than five (5) work days workdays after receipt of the immediate Supervisor's response, shall reduce the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of writing stating the facts giving rise to the alleged violation;
d. it shall cite grievance, the section or subsections of this contract or written Board policy provision alleged to have been violated;
e. it , and the remedy sought. The grievance shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval be dated and signed by the Association.
Step 2: employee and submitted to the appropriate Division Superintendent. The Division Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten have five (105) work days after workdays from receipt of the grievance to discuss submit a written response to the grievanceemployee.
C. Step 3. Within ten If the grievance is not resolved at Step 2, the written grievance will be submitted to the employee's Department Director within five (105) work days workdays following receipt of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a Step 2 response. A copy of the same written grievance shall be provided the Business Manager of Local Union 648 and the Municipality's Department of Human Resources. Within five (5) workdays of receipt, the Department Director shall arrange for a meeting with the Business Manager of the Union to hear the grievance issue. The Director's written response will be submitted within five (5) workdays of hearing into the matter. Copy of this response will be provided to the grievant, Union Business Manager and the Association representative, and appropriate Supervisor, and place a copy Department of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionHuman Resources.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should claim by a member/Association feel teacher that there has been a violation, he/she will take violation or misapplication of any provision of this Agreement may be processed as a grievance as hereinafter provided.
B. The primary purpose of this procedure is to secure at the following steps:
Step 1: The member/Association, lowest level possible equitable solutions to the problems of the parties that might arise out of this Agreement. Both parties agree that these proceedings shall be kept as confidential as may be appropriate and is permissible under State statute at each level of the proceedings. Nothing herein contained shall be construed as limiting the right of any teacher with or without a designated representative, shall grievance to discuss the matter informally with an appropriate member of the Administration or proceeding independently as described in Section G of this Article.
C. In the event any Association representative is a party in interest to any grievance, the teacher may elect to be disqualified and a substitute can be named by the Association. The Building Principal shall be the Administrative representative when the particular grievance arises in a building. The Board hereby designates the Superintendent as its representative when the grievance arises in more than one (1) school building.
D. In the event that a teacher believes there is a basis for a grievance, the teacher shall first discuss the alleged grievance with the Supervisor informally building principal either personally or accompanied by the Association representative. The grievance must be filed in writing within twenty (20) calendar days of the grievant’s knowledge thereof. The grievance must be filed on the grievance form (Appendix G) and must include the specific article and section allegedly violated. It must state when the alleged violation occurred, by whom, the alleged resulting damage, and the relief sought.
E. Nothing herein is intended to limit or exclude any teacher from filing a grievance on behalf of the Association.
STEP 1: Within five (5) school days of the receipt of the grievance, the Principal shall meet with the grievant in an effort to resolve the grievance. The Principal shall indicate the disposition of the grievance in writing within five (5) work school days of such meeting and furnish a copy thereof to the alleged violation and, if Association.
STEP 2: If the grievant is not resolved, shall file a written grievance satisfied with the Supervisor within fifteen (15) work days disposition of the alleged violation and discuss the written grievance with the Supervisor grievance, or if no disposition has been made within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work school days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of such a Supervisor's authority may be filed initially at step 2. The written grievancemeeting, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt from the date of filing, whichever shall be later, the grievance shall be submitted to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, designee within ten (10) work days of receipt of the Superintendent's decision.five
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section A. A grievance Professional Employee shall be defined as an alleged violation, misinterpretation, first seek to resolve a concern through discussion of the matter with his/her direct supervisor. Grievances of a Professional Employee with respect to the interpretation or misapplication application of this Agreement or written Board policies affecting working conditions of the member. Should (excluding matters which have separate procedures for hearings and determination set forth in this Agreement), not resolved through discussion with a member/Association feel that there has been a violationdirect supervisor, he/she will take the following stepsshall be handled as follows:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, Professional Employee shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or request an informal conference with his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative Xxxx within ten (10) work business days after receipt the Professional Employee is aware of possible violations of the Agreement and discuss the matter with his/her Xxxx.
Step 2. If the matter is not resolved through the informal procedure set forth in Step 1, the Professional Employee (Grievant) may file a written grievance, using the Grievance Form (See Appendix C, Grievance Form), with the Vice President for Instructional Services stating in detail the facts of which the Grievant complains and the provisions of the Agreement which are deemed to have been violated; provided, no grievance shall be filed or processed based on facts or events which have occurred more than ninety (90) calendar days before the grievance is filed with the Vice President for Instructional Services. A grievance shall be deemed filed when delivered to the Vice President for Instructional Services. A copy of all grievances shall be forwarded to the appropriate administrator. The Association shall be notified at the time a grievance is filed with the Vice President for Instructional Services. The Grievant may discuss the problem with the Vice President for Instructional Services and may present information or arguments in support of the grievance. The Vice President for Instructional Services may also hear other information or arguments. The Vice President for Instructional Services shall make a written decision regarding the grievance within ten (10) business days after delivery of the grievance to discuss the Vice President for Instructional Services.
Step 3. If a solution satisfactory to the Grievant has not been reached in Step 2, the Grievant may appeal to the President, using the Grievance Form, within ten (10) business days after the decision of the Vice President for Instructional Services have been delivered in writing to the Grievant. The President will review the grievance, and any record of the above proceedings, together with any additional information or arguments presented by the Grievant. The President may also hear other information or arguments, subject to notice to Xxxxxxxx of all additional information or arguments. Within ten (10) work business days of after the discussiongrievance is appealed to him/her, the Superintendent or his/her designated agent President shall render his/her decision in writing, transmitting a copy of the same written decision.
Step 4. If a solution satisfactory to the grievantGrievant has not been reached through the above procedures, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory Grievant may appeal to the AssociationBoard, using the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meetingGrievance Form, within ten (10) work business days after delivery of the President's decision. Grievant shall be entitled to a hearing before the Board. The hearing shall be held within thirty (30) business days of receipt the filing of the Superintendent's decisionappeal with the Board. The Board will review the grievance and any record of the above proceedings. Any relevant evidence or arguments which the Grievant desires to submit or which the Board deems necessary may be presented at the hearing. The Board will thereafter render its decision and submit a written copy of the decision to the Grievant within twenty (20) business days of the hearing. The decision of the Board shall be final.
Section B. Grievance shall be processed according to the following rules:
1. If at any stage of the grievance procedure, the grievant does not take the next step within the time allotted, the grievance shall be settled in the manner recommended or decided at the last step taken by the grievant.
2. All reference to number of days in this procedure shall be determined to mean working school days. In the event grievances are not filed or processed in the manner and within the times set forth above, they shall be forever barred.
3. Grievances shall be processed as rapidly as possible. The number of days indicated in each step shall be considered a maximum and every effort shall be made to expedite the process in a shorter period of time.
4. The parties may mutually agree in writing to extend any of said time periods.
5. It is agreed that the grievant may request information in the possession of the Board necessary for the processing of said grievance. The Board shall consider all such requests in good faith.
6. The grievant may withdraw the grievance at any step.
7. All parties shall have the right to have counsel present in the formal grievance procedure.
8. It is agreed that nothing in the above procedure shall be interpreted in such a way as to modify or reduce the rights guaranteed under the Constitutions and laws of the United States and the State of Kansas.
Appears in 5 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication violation of the expressed terms of this Agreement or written Board policies affecting working conditions contract. The matter of administrative judgment involving the evaluation of the memberemployee's work performance shall not be the basis of any grievance filed under the procedures outlined in this article. Should a member/Association feel that there has been a violationThe evaluation, he/she will take however, can be used as the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss basis of discharge and discipline and is only at this time subject to the grievance with the Supervisor informally within five procedure. (5) work days of the alleged violation andSee Appendix GIII, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. Grievance Report Form)
B. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall containcontain the following:
a. it 1. It shall be signed by the grievant(s)/Associationgrievant(s) and the Union's grievance chairperson or a Union designee.
b. it 2. It shall be specific;.
c. it 3. It shall contain a synopsis of the facts giving rise to the alleged violation;.
d. it 4. It shall cite the section or subsections sub-sections of this contract or written Board policy alleged to have been violated;.
e. it 5. It shall contain the date of the alleged violation;.
f. it 6. It shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 27. A grievance may not be amended past Level 3. Any written grievance not substantially in accordance with the above requirements may be rejected as improper. Such rejections shall not extend the limitations hereinafter set forth.
C. The term "days" shall mean workdays, or the days the Central Business Office is open, if summer months are involved in the grievance timing.
D. Disposition of grievances will be as follows: The Superintendent or Level 1: SUPERVISOR - INFORMAL LEVEL Any employee having a grievance shall discuss the same with his/her designated agent shall arrange immediate supervisor by himself/herself or with a meeting with the grievant and/or the designated Association Union representative within ten (10) work working days after receipt of the alleged violation in an attempt to resolve the same. Within ten (10) days of the discussion, the supervisor shall give his/her verbal answer to the employee concerning the grievance. In the event the grievance is not satisfactorily resolved at Xxxxx 0, the Union member may proceed to Level 2 by reducing the grievance to writing in accordance with Paragraph B within ten (10) days of the verbal disposition and filing the same with the employee's immediate supervisor. The Union's grievance chairperson or Union designee's signature must be on all written grievances. Within ten (10) days of filing the written grievance, the immediate supervisor shall hold a meeting with the grievant and the Union's grievance chairperson or Union's designee to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.ten
Appears in 5 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A All grievance meetings shall be held in Executive Session. Save for final resolution documents, all grievance documents shall be kept confidential by the participants. All grievance documents but the final resolution of the grievance shall become the property of and be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions retained by WECP. The names of the membergrievant(s) (if individual employees are grievants) shall be redacted from all grievance documents and shall not be included in the final resolution.
1. Should a member/INFORMAL STEP - When an employee becomes aware of an act on which the grievance is to be based, the employee and the Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall representative may discuss the grievance with the Supervisor informally appropriate supervisor. There should be an attempt to resolve the grievance informally. If the grievance is not resolved during the informal step, or in the event the informal step is not utilized, the Association may, within five thirty (530) work days of the alleged violation and, if not resolved, shall act giving rise to the grievance or the time the grievant should have been aware of the act file a written grievance with the Supervisor supervisor. Written grievances initiated by the Association may be filed within fifteen sixty (1560) work days of the alleged violation and discuss action giving rise to the written grievance with or the Supervisor within time the Association should have been aware of the act.
2. STEP ONE - Within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of receipt of the written grievance with the Supervisorgrievance, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent administrator shall arrange a meeting hearing with the grievant and/or the designated Association representative, if one has been designated, or the grievant if not, and hold the hearing with the representative and grievant within ten (10) work days after of receipt absent a mutually agreed extension. Either party may waive the presence of the grievance grievant if only contractual arguments are involved. The Association, grievant, and Employer may present evidence to discuss the grievancesustain their positions. Within ten (10) work days of the discussionconclusion of the hearing, the immediate supervisor shall forward his/her written response to the Association and the grievant with reasons if denied. If the Association and the grievant are not satisfied with the appropriate supervisor's response, the Association may file a written form to proceed to Step Two.
3. STEP TWO - Within twenty (20) days of receipt of the Step One response, the Association and the grievant may file a written form to proceed to Step Two. Within seven (7) days of the filing of the form, the Superintendent or his/her designated agent designee shall render his/her decision arrange and conduct a hearing in writing, transmitting a copy of the same to manner and for the grievant, the Association representative, and appropriate Supervisor, and place a copy of same purpose as set forth in a permanent file in his/her officeStep One. (If the decision of Treasurer is the Superintendent is unsatisfactory to the AssociationStep One hearing officer, the Association may appeal same to the Board of Education by filing a written grievance, along with shall act as the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within Step Two hearing officer.) Within ten (10) work days after the hearing, the Superintendent or his/her designee shall provide a written response to the Association and the grievant with reasons, if denied.
4. STEP THREE - Within fifteen (15) days of receipt of the Superintendent's decisionStep Two response, the Association may notify the Employer of its intent to proceed to arbitration. Submission by the Association to arbitration will be by Demand Arbitration. The Association must file with AAA within twenty (20) days after notice of intent.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication violation of this Agreement or written Board policies affecting working conditions of the memberAgreement. Should a member/Association an employee feel that there has been a violationviolation of this agreement, he/she he will take the following steps:
(Step 1: ) The member/Association, with employee shall notify in writing the designated representative of the association of his grievance and may request his presence at the presentation of the grievance or proceed to step two (2) without a the designated representative, shall representative at the employee's option. The designated Association representative may be present at any adjustment of the alleged grievance at any level.
(Step 2) The employee and/or the designated representative may discuss the grievance with the Supervisor supervisor informally within five ten (510) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen violation.
(15Step 3) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five ten (510) work days following the discussion of set forth above, the written grievance employee and/or the designated representative shall present in writing within ten (10) days from the discussion in Step (2) the alleged violation and request an interview with the Supervisor, Superintendent. Written grievance shall contain the member/Association following:
1. It shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step be specific
2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, It shall contain:
a. it shall name and be signed by the grievant(s)/Associationemployees involved.
b. it shall be specific;
c. it 3. It shall contain a synopsis statement of the facts giving rise upon which the grievances are based.
4. It shall contain a reference to the alleged violation;
d. it shall cite articles and sections of the section or subsections of this contract or written Board policy alleged to agreement which have been allegedly misinterpreted or violated;.
e. it 5. It shall contain the date of the alleged violation;
f. it shall specify state the relief requested;
g. it . Within ten (10) days after the written request is filed with the Superintendent, he shall indicate approval or disapproval have a hearing concerning the alleged grievance. A decision in writing by the Association.
Step 2: The Superintendent or his/her designated agent superintendent shall arrange a meeting with be given to the grievant and/or employee and the designated Association representative within ten (10) work days after receipt of the hearing.
(Step 4) If this decision is not satisfactory, the employee may file his alleged grievance to discuss with the grievance. Within Board in writing, countersigned by the designated representative at least ten (10) work days prior to the next regular Board meeting. The Board shall place said grievance on the agenda of its next regular meeting at which time the employee and/or the designated association representative shall be given an opportunity to be heard. The Board shall render its decision in writing at the next regularly scheduled Board meeting. If this decision is not satisfactory, the employee and/or the designated representative may file his grievance with the State Labor Mediation Board as provided by law. Failure to appeal a decision at any level within the specified time limits shall be deemed an acceptance of the discussiondecision at that level. Should an employee be satisfied with a decision at any level, or leave the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy employ of the same to the grievantBoard, the Association representative, all further proceedings on said grievance shall be barred. The association shall designated a representative and appropriate Supervisor, and place a copy will designate alternates in case of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisiontheir absence.
Appears in 5 contracts
Samples: Master Agreement, Master Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as Section 1. Any claim by an alleged employee, group of employees, or the Federation at the request of a group of employees, that there has been a violation, misinterpretation, or misapplication of any provisions of this Agreement; or any rule, order, or regulation of the County deemed to be in violation of the Agreement may be processed as a grievance as is hereinafter provided. Nothing in this Article shall be construed to prevent any employee from presenting, at any time, their own grievance in person or written Board policies affecting working by legal counsel to the County, and having such grievance adjusted without the intervention of the Federation, if the adjustment is not inconsistent with the terms and conditions of this Agreement, and if the member. Should a member/Association feel that there Federation has been given reasonable opportunity to be present at any meeting called for the resolution of such a violationgrievance.
Section 2. In the event that an employee believes there is a basis for a grievance, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, employee shall first informally discuss the alleged grievance with the Supervisor informally immediate supervisor either personally or if the employee prefers, accompanied by a Federation representative, within five seven (57) work working days of the alleged violation and, if not resolved, shall file a written grievance with date on which the Supervisor within fifteen (15) work days employee could reasonably have known of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion occurrence of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts event giving rise to the alleged violation;grievance.
d. it Section 3. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following Formal Grievance Procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days after the informal discussion. The Formal Grievance shall cite be presented on the section or subsections designated form, signed by both the grievant and a representative of this contract or written Board policy alleged to have been violated;
e. it the Federation, which shall contain the date of all known facts supporting the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Associationgrievance.
Step 1: Within the time frames set forth in Section 1, 2: The Superintendent or his/her designated agent shall arrange , and 3 above, a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance may submit to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting their Division Director a copy of the same to grievance on the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her officedesignated form. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten Within seven (107) work working days of receipt of the Superintendent's decision.grievance, the Division Director shall meet with the grievant and/or their Federation representative in an effort to resolve the grievance. The Division Director shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting and shall furnish a copy thereof to the
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. 5.01 A grievance herein shall mean a difference between the Board and the Senior Officer’s Association, or the Board and the Member of, arising from the interpretation, application or administration or alleged violation of the agreement.
5.02 A grievance must be submitted by the Senior Officer’s Association on behalf of any Member.
5.03 If a Member has a grievance , the Member shall submit the same to the Senior Officer’s Association which will, if it concurs, set the same out in writing, in duplicate and submit the same to the Chief of Police.
5.04 Any grievance shall be defined as an alleged violation, misinterpretation, or misapplication submitted to the Chief of this Agreement or written Board policies affecting working conditions Police within thirty (30) days after the subject matter of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:grievance first occurred.
Step 1: The member/Association, with or without a designated representative, shall discuss 5.05 At any stage of the grievance with the Supervisor informally Senior Officer’s Association or the Board may be represented by counsel.
5.06 The Chief of Police shall hear the grievance within ten (10) days of receiving it, after giving the Association 48 hours notice of the hearing. The Association and/or the Member shall be heard. The Chief of Police shall provide his written decision to the Association and the Board within five (5) work days of the alleged violation andhearing.
5.07 If the Senior Officers Association is not satisfied with the decision of the Chief of Police , if not resolved, shall file a the written grievance shall be returned to him within ten (10) days of its receipt with a request that it be submitted to the Supervisor Board. The Board shall within fifteen (15) work days set a date to hear the Member and the Association. The Board shall forward a written decision to the Association within fifteen (15) days of the alleged violation and discuss the written grievance with the Supervisor hearing.
5.08 The Senior Officers Association may within five (5) work thirty days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion receipt of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along endorsed with the decision of the SuperintendentBoard, with forward to it a request in writing that the officer matter in dispute be submitted to arbitration.
5.09 Each party to the arbitration as set out in this section shall share equally in the cost of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionarbitration.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should claim by a member/Association feel teacher that there has been a violation, he/she will take violation or misapplication of any provision of this Agreement may be processed as a grievance as hereinafter provided.
B. The primary purpose of this procedure is to secure at the following steps:
Step 1: The member/Association, lowest level possible equitable solutions to the problems of the parties that might arise out of this Agreement. Both parties agree that these proceedings shall be kept as confidential as may be appropriate and is permissible under State statute at each level of the proceedings. Nothing herein contained shall be construed as limiting the right of any teacher with or without a designated representative, shall grievance to discuss the matter informally with an appropriate member of the Administration or proceeding independently as described in Section G of this Article.
C. In the event any Association representative is a party in interest to any grievance, the teacher may elect to be disqualified and a substitute can be named by the Association. The Building Principal shall be the Administrative representative when the particular grievance arises in a building. The Board hereby designates the Superintendent as its representative when the grievance arises in more than one (1) school building.
D. In the event that a teacher believes there is a basis for a grievance, the teacher shall first discuss the alleged grievance with the Supervisor informally building principal either personally or accompanied by the Association representative. The grievance must be filed in writing within twenty (20) calendar days of the grievant’s knowledge thereof. The grievance must be filed on the grievance form (Appendix G) and must include the specific article and section allegedly violated. It must state when the alleged violation occurred, by whom, the alleged resulting damage, and the relief sought.
E. Nothing herein is intended to limit or exclude any teacher from filing a grievance on behalf of the Association.
STEP 1: Within five (5) school days of the receipt of the grievance, the Principal shall meet with the grievant in an effort to resolve the grievance. The Principal shall indicate the disposition of the grievance in writing within five (5) work school days of such meeting and furnish a copy thereof to the alleged violation and, if Association.
STEP 2: If the grievant is not resolved, shall file a written grievance satisfied with the Supervisor within fifteen (15) work days disposition of the alleged violation and discuss the written grievance with the Supervisor grievance, or if no disposition has been made within five (5) work school days after of such a meeting, or ten (10) days from the date of filing, whichever shall be later, the grievance is filed. If no satisfactory conclusion is reached shall be submitted to the Superintendent or designee within five (5) work school days. Within five (5) school days following therefrom, the discussion Superintendent or designee shall meet with the grievant on the grievance and shall indicate disposition of the written grievance with in writing to the Supervisor, the member/Association shall submit the written grievance grievant within five (5) work school days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Associationsuch meeting.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be is defined as an alleged violation, misinterpretation, violation of a specific article or misapplication section of this Agreement agreement. If any such grievance arises, there shall be no stoppage or written Board policies affecting suspension of work because of such grievance, but such grievance shall be submitted to the following grievance procedures.
B. Step One Within ten (10) working conditions days of the member. Should time the employee knew or should have known of the act or condition upon which the grievance is based, the employee, either personally or accompanied by a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated Forum representative, shall will discuss the grievance with the Supervisor informally within five her/his principal during lunch, break times, or after working hours. Within ten (510) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work working days after receiving the grievance, the principal shall present to the employee his/her oral response.
C. Step Two If the grievance is filed. If no satisfactory conclusion is reached not resolved in Step One, the employee may, within five ten (510) work working days following the discussion of receipt of the principal’s oral answer, submit to the principal a written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days “statement of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be ” signed by the grievant(s)/Association.
b. it employee. The form to be used for this “statement of grievance” appears in Appendix C of this agreement. A copy shall be specific;
c. it given to the principal involved at the time. The “statement of grievance” shall contain a synopsis of name the employee involved, shall state the facts giving rise to the alleged violation;
d. it grievance, shall cite identify by appropriate reference all the section or subsections provisions of this contract or written Board policy agreement alleged to have been be violated;
e. it , shall contain state the date contention of the alleged violation;
f. it employee with respect to these provisions, and shall specify indicate the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: . The Superintendent principal or his/her designated agent representative shall arrange a meeting with give the grievant and/or employee an answer in writing no later than ten (10) working days after receipt of the designated Association representative written grievance. If further investigation is needed, additional time may be allowed by mutual agreement of the Superintendent and the employee.
D. Step Three If the grievance is not resolved in Step Two, the employee may within ten (10) work working days after of the receipt of the principal’s answer submit the grievance to the Superintendent. The Superintendent or administrative assistant and the employee shall meet within a reasonable time, after school hours, not to exceed ten (10) working days unless a longer time is mutually agreed upon between the parties to discuss the grievance. Within ten (10) work days of The Superintendent shall respond to the discussiongrievance, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting within five (5) working days after the aforementioned meeting. If a copy of the same to the grievantgrievance concerns teachers from more than one (1) building, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent teachers may file in his/her office. If the decision of grievance with the Superintendent is unsatisfactory to the Associationand by-pass Steps One and Two of this procedure. Group grievances, the Association may appeal same to the Board of Education by filing a written grievanceas defined in this section, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, shall be filed within ten (10) work working days of receipt when the employees knew or should have known of the Superintendent's decisionact or condition upon which the grievance is based. The grievants shall have the option to file the grievance on a single form, but each grievant shall be required to sign the group grievance form to affirm his/her participation in the group grievance. Concerns representing more than one building may be addressed through a group meeting with all grievants in attendance.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Employment Agreement
GRIEVANCE PROCEDURE. A. 1. A grievance shall be defined as an alleged violation, misinterpretation, a specific violation or misapplication of this Agreement or written Board policies affecting working conditions any provision of the membercollective bargaining agreement.
2. Should This grievance procedure is not intended to affect the normal communication between the principal and the teacher in the discussion of problems which may exist. It is expected that any problem or potential problem would first be discussed by the teacher with the building principal.
3. If after this informal discussion the teacher believes there is a member/Association feel that there has been basis for a violationformal grievance, he/she will shall state this to the building principal no later than fifteen (15) school days after the occurrence that gave rise to the alleged grievance. The principal and the teacher shall mutually set a date for a formal meeting in an attempt to resolve the difference. At this meeting, the teacher may be accompanied by a representative of the Association and the principal by a member of the Administrative staff. If resolution is not achieved as a result of the verbal discussion with the building principal, a formal written grievance may be presented not later than three (3) school days after the formal meeting with the principal. The written formal grievance must include the grievant’s name, the date alleged on which the alleged contract violation occurred, the contract section(s) alleged to have been violated, a brief summary of the facts underlying the alleged contract violation(s), and the relief sought by the grievant.
4. Within three (3) school days after receipt of the written grievance, a meeting of the parties shall take place in an effort to resolve the following steps:grievance. Following this meeting, a written answer to the aggrieved shall be returned by the principal within three (3) school days.
Step 1: The member/Association5. If resolution is not achieved or the meeting does not take place within the three (3) school day period, with the grievance may be transmitted to the Superintendent or without a designated representative, .
6. A meeting of the parties shall discuss the grievance with the Supervisor informally take place within five (5) work school days of the alleged violation anddate the grievance is appealed to the Superintendent to review the facts, if not resolved, and the Superintendent shall file provide a written answer to the aggrieved within three (3) school days after the meeting.
7. If the grievance is not resolved at the superintendent's level or if the meeting with the Supervisor Superintendent does not take place within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days school day period, or if a written answer is not received by the grievant within the three (3) school day period after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of Superintendent, then the grievance shall be transmitted to discuss the grievance. Within ten (10) work days Board, at the option of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of by giving to the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, notice within ten three (103) work school days of receipt of the Superintendent's decisionlast required act. If the grievance is transmitted to the Board, the Board shall, not later than its next regular meeting, hold a hearing on the grievance in executive session. The Board will provide a confidential written answer to the grievant and his/her representative no later than the next regular Board meeting.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as is an alleged violationunsettled complaint by an employee, misinterpretationgroup of employees, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel Union alleging that there has been a violation, he/she will take misinterpretation or misapplication of any provision of this Agreement or any existing rule, order or regulation of the following steps:Board relating to wages, hours or terms and conditions of employment.
Step 1: . The member/Association, with grievance procedure shall not apply to any matter which is prescribed by law or state regulations over which the Board is without power to act. Any dispute involving a designated representative, shall discuss prohibited subject of bargaining is excluded from the grievance procedure and not within the authority of an arbitrator.
2. No dispute over the modification of this Agreement shall be made the subject of a grievance.
B. A Liaison Board will be established consisting of the employee and the Vice President and the Building Representative or another member appointed by the Executive Board. The Liaison Board shall meet with the Supervisor informally building principal/supervisor to discuss problems which may arise from time to time among the employees. If the problem is not resolved, the Liaison Board shall present the problem to the Assistant Superintendent/Business Manager.
C. If the Liaison Board is unable to resolve the issue, a formal grievance may be filed within five (5) school work days or one calendar week of the alleged violation anddetermination that this is so, if not resolvedon the form set forth, annexed hereto, and signed by the grievant and Union representative, which form shall file be made available to each Building Representative. A copy of the grievance form shall be delivered to the principal or supervisor.
D. If a written grievance involves more than one school building, it may be filed with the Supervisor Superintendent or a representative designated by him/her.
E. Within three (3) school work days or three (3) calendar weeks, whichever is earlier, after receipt of the grievance, the principal or supervisor shall meet with the Union Grievance Committee in an effort to resolve the grievance. The principal or supervisor shall indicate his/her disposition of the grievance in writing and the supporting reasons therefore, within fifteen three (153) work days of such meeting and shall furnish a copy thereof to the alleged violation and discuss the written grievance with the Supervisor within five Union.
F. Within twenty (520) school work days or 30 calendar days, whichever is earlier, after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion delivery of the written grievance with the Supervisordecision, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by appealed to the grievant(s)/AssociationSuperintendent.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. G. Within ten (10) school work days or 14 calendar days, whichever is earlier, after delivery of the discussiondecision, the Superintendent or his/her designated agent his designee shall render his/her decision meet with the Union Grievance Committee on the grievance and shall indicate his disposition of the grievance in writing, transmitting along with the reasons therefore, and shall furnish a copy of the same thereof to the grievantUnion.
H. Within ten (10) school work days or 14 calendar days, the Association representativewhichever is earlier, and appropriate Supervisor, and place a copy after delivery of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Associationor his designee, the Association grievance may appeal same be appealed to the Board of Education by filing a written grievance, along with the decision copy of the Superintendentgrievance accompanied by copies of previous decisions, with the officer Secretary or other designee of the Board in charge of drawing up the agenda for the Board's .
I. The Board, no later than its next regular meeting, within or two (2) calendar weeks, whichever is later, shall hold a hearing on the grievance. At such hearing, the aggrieved shall have the right to be represented by Union Counsel. Participants in this hearing, including witnesses, shall be given at least three (3) work days or 1 calendar week notice of the hearing.
J. Within ten (10) work days of or 14 calendar days, whichever is earlier, after this hearing, the Board shall communicate its decision in writing, together with supporting reasons, to the principal, the Superintendent, the Union, Counsel for the Union (if any) and to the aggrieved.
K. Within ten (10) work days or 14 calendar days, whichever is earlier, after receipt of the Superintendent's decisiondecision of the Board, the Union may appeal the decision to binding arbitration under the auspices and rules of the American Arbitration Association.
Appears in 4 contracts
Samples: Support Staff Contract, Support Staff Contract, Support Staff Contract
GRIEVANCE PROCEDURE. Section A. General
1. A grievance shall be defined as is a claim by one or more employees or the Association of an alleged violation, misinterpretation, or misapplication of a specific section of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:Master Contract.
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which "group grievance" is not within a claim by two or more employees who claim that the scope employer has violated the terms of this Master Contract in a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis manner that affects each of the facts giving rise to employees signing the alleged violation;
d. it shall cite grievance in a same way. If, in the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date judgment of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange , a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt grievance affects a group of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Associationemployees, the Association may appeal same submit such grievance on behalf of the affected employees commencing at Step Two.
3. A "day" for purposes of this grievance procedure shall mean a week day and shall exclude Saturday, Sunday, paid Holidays, Winter Break, Spring Break, and paid vacations.
4. Any aggrieved employee may elect to be accompanied and/or represented at Step One, the informal grievance level, by a representative(s) of the Association. Nothing contained herein shall be construed to prevent any individual employee from initiating a grievance at Step One and having the grievance adjusted, if the adjustment is not inconsistent with the terms of this Master Contract and the Association has been given notice of the Step One hearing, said notice shall entitle the Association to be present at such a hearing.
5. Any formal written grievance submitted to Step Two of this grievance procedure shall have the signature of the Association
6. All time limits contained herein, shall be strictly adhered to unless the school employer and the Association agree in writing to an extension of time limits. If the school employer fails to meet the specified time limits as stated in this Article, the Association may proceed to the Board next step of Education the grievance procedure. If the grievant or the Association fails to meet the specified time limits as stated in this Article, said grievance shall be deemed abandoned.
7. No grievance shall be used as a basis for punitive action of any kind or become part of the employee's personnel file.
8. Step One grievance forms, attached hereto as Appendix A, shall be provided by filing the employer and made available to the Association and employees.
9. At any step of this grievance procedure, if the employer schedules a written meeting or hearing during the working hours of an employee where presence or testimony is necessary to the presentation of the grievance, along with the decision employee shall suffer no loss in pay.
10. All meetings and hearings under this procedure shall be closed to the public and shall include only the interested parties, representatives and any necessary witnesses except by the agreement of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionparties.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A 14.1 For the purpose of this Agreement, the term "grievance" means any dispute between the City and the Union, or between the City and any employee concerning the interpretation, claim of breach, or violation of this Agreement, and the term "management" shall include the City and any of its supervisory personnel. The City and the Union encourage the use of the Early Mediation Process prior to issues becoming the subject of grievances. Participation in the process is entirely voluntary, confidential and does not impact grievance rights. Any alleged grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed taken up by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or employee with his/her designated agent supervisor within twenty-four (24) calendar days of reasonable knowledge of the occurrence, except for grievances relating to discipline which shall arrange a meeting with the grievant and/or the designated Association representative be filed within ten (10) work calendar days of receipt of written notification of final disciplinary action by the Chief of the Fire Department. The above participants agree to make every effort to settle the grievance at this stage promptly; however, if no satisfactory settlement is reached, the following procedure shall apply:
14.2.1 Grievances shall be submitted at the Step in which there is authority to adjudicate such grievance as provided for in the Article.
Step 1 The grievance shall be reduced to written form by the aggrieved employee and/or Union, stating the section of the Agreement violated and explaining the grievance in detail. The Station Xxxxxxx or Union Representative shall present the written grievance to the employee’s supervisor within ten (10) calendar days after the alleged grievance is taken up by the employee with his/her supervisor, who shall transmit the written grievance to the next higher level supervisor. This supervisor shall convene a meeting within ten (10) calendar days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along between the Station Xxxxxxx, Union Representative, aggrieved employee, together with the decision relevant supervisors, and any other witnesses and/or members of management whose presence is deemed necessary to a fair consideration of the Superintendentgrievance.
Step 2 If a grievance remains unresolved after the written decision is delivered in Step 1 or if the grievance is initially submitted at Step 2 per Section 14.2.1, with it shall be transmitted in writing by the officer aggrieved employee and/or Union involved to the Chief of the Board in charge Fire Department with a copy to the Director of drawing up Labor Relations. Said transmittal must be accompanied by the agenda for following information:
a. Nature of dispute
b. Contract provision(s) allegedly violated
c. Remedy sought The Chief of the Board's meeting, Fire Department shall not be required to consider a grievance which is not referred to him/her within ten (10) work calendar days following the Step 1 decision or if the grievance was initially submitted at Step 2, within (24) calendar days following an alleged violation not related to discipline. A grievance properly filed shall be investigated by the Chief of the Department and/or the Director of Labor Relations or their respective designees. Such investigation, if deemed appropriate by the Chief of the Fire Department, may include a conference with the employee involved and his/her Union representative, if he/she has designated one. The Director of Labor Relations or his/her designee may thereafter make a confidential recommendation to the Chief of the Fire Department. The Chief of the Department shall make a decision on the matter in writing via certified mail within ten (10) calendar days from the date when it was first received by him/her; provided, however, the Chief of the Department may waive investigating and answering the grievance at Step 2 and defer a decision to Step 3 within ten (10) calendar days of receipt of the Superintendentgrievance. Copies of the Chief's decision shall be furnished to the aggrieved, his/her Union representative and the Director of Labor Relations. 2 may be transmitted in writing to the Director of Labor Relations by the aggrieved employee and/or Union, requesting a review by the Grievance Board, or submitted to Step 4 as provided in this Article. The Grievance Board shall not be required to consider a grievance which is not referred to the Director of Labor Relations within ten (10) calendar days following receipt of written notification of the Step 2 decision.. The Director of Labor Relations or his/her designee listed below shall convene the Grievance Board within ten
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication violation of the expressed terms and conditions of this Agreement agreement.
B. The aggrieved shall have the right of Association representation for any or written Board policies affecting working conditions all steps of the membergrievance procedure. Should a memberHowever, an individual employee may have his/her grievance(s) adjusted without the intervention of the Association, if the adjustment is not inconsistent with the terms of this agreement and provided that the Association feel that there has been given an opportunity to be present at any such adjustment. The Association Board of Directors shall have the right to be present and state its views at all steps of the grievance process.
a. When an employee suspects a violation of this Agreement, the affected bargaining unit member(s) shall request a meeting with his/her immediate supervisor in an effort to resolve the complaint. This request shall be made within three (3) days after the occurrence of the alleged violation. If the aggrieved is not satisfied with the result(s) of the meeting, he/she will take may formalize the following steps:complaint in writing as provided hereunder.
b. If a complaint is not resolved in the Step 1: The member1 (a) conference between the affected bargaining unit member(s) and his/Associationher immediate supervisor, with or without the complaint may be formalized in writing, as a designated representative, shall discuss the grievance with the Supervisor informally within five two (52) work days of the alleged violation and, if not resolved, shall file a meeting between the supervisor and the aggrieved. The written grievance with shall meet the Supervisor within fifteen requirements of ¶D of this Article and shall be transmitted to the Assistant Superintendent. Within three (153) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filedhas been so submitted, the Assistant Superintendent shall meet with the aggrieved on the grievance. If no satisfactory The Assistant Superintendent, within three (3) days after the conclusion is reached within five (5) work days following the discussion of the meeting, shall render a written grievance decision thereon with copies to the Association and the grievant(s).
STEP 2: If the aggrieved is not satisfied with the Supervisor, disposition of the member/Association shall submit the written grievance at Step 1 b. or if no disposition has been made within five three (53) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance by the Assistant Superintendent, the grievance shall be transmitted within the next three (3) days to discuss the grievanceSuperintendent of Schools. Within ten (10) work days of after the discussiongrievance has been so submitted, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along meet with the decision of aggrieved on the grievance. The Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days after the conclusion of the meeting, shall render a written decision thereon with copies to the Association and the grievant(s).
STEP 3: If the aggrieved is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within twenty (20) days from the Superintendent's receipt of the Superintendentgrievance, the aggrieved may, within the next three (3) days, request a meeting with the Board or the Board's decisionTransportation Committee for the purpose of resolving the grievance. Such a meeting will be held within ten (10) days of the request. It is understood that the ultimate decision on the grievance will be rendered by the Board at its next regularly scheduled meeting after the grievance hearing.
STEP 4: If the Association is not satisfied with the disposition of the grievance at Step 3, it may request mediation of the grievance through a mediator appointed by the Michigan Employment Relations Commission. Any cost for such mediation shall be borne by the requesting party.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A 11:01 An employee having a grievance shall be defined as an alleged violation, misinterpretation, or misapplication one (1) designated member of this Agreement or written Board policies affecting a group having a grievance will first take up the grievance within fifteen (15) working conditions days after the occurrence of the membermatter which is the subject of the grievance with their supervisor who will attempt to adjust it.
11:02 An employee may request their supervisor to call the Union Xxxxxxx to handle a specified grievance. Should a member/Association feel that there has been a violation, he/she The word “specified” as used in this paragraph is interpreted by the parties hereto to mean an employee is required to “state the nature of the grievance.” The supervisor will take arrange to send for the following steps:Union Xxxxxxx without undue delay and without further discussion of the grievance.
Step 1: 11:03 The member/AssociationUnion Xxxxxxx, with or without a designated representativethe employee present, shall discuss will attempt to adjust the grievance with the Supervisor informally supervisor before it is given to the supervisor in writing.
11:04 If the grievance is not adjusted by the supervisor, it shall be reduced in writing on an employee grievance form provided by the University and signed by the employee involved. The supervisor shall give their answer in writing to the Union Xxxxxxx without undue delay, but not later than five (5) working days after the grievance has been presented in writing.
11:05 If the grievance is not settled at Step One, the written grievance may be referred to the Designated Authority* of the campus by the Union Xxxxxxx within five (5) work working days of after receiving the alleged violation and, if not resolved, answer in writing. A meeting shall file a written grievance with be arranged by the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor Designated Authority within five (5) work working days after of receiving the grievance. *Designated Authority (See Schedule II).
11:06 If the grievance is filed. If no satisfactory conclusion is reached not settled at Step Two, a written grievance may be referred to the Executive Director of Labour Relations by the Business Manager of the Union within five (5) work working days following of receiving an answer in writing from the discussion Designated Authority. A meeting shall be arranged by the Executive Director of Labour Relations or their designated representative with the Business Manager of the written grievance with the Supervisor, the member/Association shall submit the written grievance Union within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work working days of receipt of the Superintendent's decisiongrievance in order to resolve the dispute. If the grievance is not settled at this meeting, the Executive Director of Labour Relations or their designated representative shall notify the Union in writing within five (5) working days of the meeting.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violationviolation of the expressed terms of this Agreement.
B. The Association shall notify the administration of the name of its building representatives. The Board hereby designates the principal of each building to act as its representative at Level One as hereinafter described and the Superintendent of Schools or their designated representative to act at Level Two as hereafter described.
C. The term "days" as used herein shall mean days in which school is in session for students, misinterpretationunless otherwise indicated.
D. An employee, or misapplication the Association, believing themselves wronged by an alleged violation of the express provisions of this Agreement contract shall within ten (10) days of its alleged occurrence, or written Board policies affecting working conditions of at the member. Should a member/Association feel that there has been a violationdiscovery thereof, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall orally discuss the grievance matter with the Supervisor informally building principal in an attempt to resolve same.
E. If no resolution is obtained within five (5) work three days of the alleged violation anddiscussion, if not resolved, the employee shall file a written grievance with reduce the Supervisor matter to writing and proceed within fifteen (15) work five days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after said discussion to Level One of the grievance is filedprocedure.
F. Written grievances as required herein shall be submitted on the form developed by the Association and available through the Association's building representatives. If no satisfactory conclusion is reached within five (5) work days following Grievance forms must be signed by the discussion grievant and a representative of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2Association. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, Written grievances as required herein, herein shall containcontain the following:
a. it 1. It shall be signed by the grievant(s)/Associationgrievant or grievants.
b. it 2. It shall be specific;.
c. it 3. It shall contain a synopsis of the facts giving rise to the alleged violation;.
d. it 4. It shall cite the section or subsections of this contract or written Board policy alleged to have been violated;.
e. it 5. It shall contain the date of the alleged violation;.
f. it 6. It shall specify the relief requested;. Any written grievance not in accordance with the above requirements may be rejected as improper. Such a rejection shall not extend the limitations hereinafter set forth.
g. it G. In applying the procedure hereinafter set forth, if the grievance arises from an action of authority higher than that represented by Level One, the grievant may initiate such grievance at Level Two of the procedure.
H. Level One - A copy of the written grievance shall indicate be filed with the building principal with the endorsement thereon of the approval or disapproval by of the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.five
Appears in 4 contracts
Samples: Professional Agreement, Professional Agreement, Professional Agreement
GRIEVANCE PROCEDURE. A. A 12.01 The Employer and the Union recognize the desirability of prompt settlement of complaints and disputes which may arise out of administration of this Agreement. The parties also recognize that many complaints can be effectively settled through informal discussion and mutual understanding. For these reasons, both parties agree that when an employee has a complaint, the employee will be encouraged to discuss the matter with the employee's Supervisor as soon as possible after the circumstances giving rise to the complaint occurs so that a dispute requiring reference to the grievance shall procedure may be defined as avoided wherever possible.
12.02 Where an employee feels himself/herself to be aggrieved by the interpretation or application in respect of the employee of a provision of a statute, or a regulation, by-law, direction, or other instrument made or issued by the Employer, dealing with terms and conditions of employment or, an alleged violation, misinterpretation, or misapplication violation of any of the provisions of this Agreement by the Employer, or, as a result of any occurrence or written Board policies matter affecting working the employee's terms and conditions of employment in respect of which no administrative procedure for redress is provided in or under an Act of the member. Should a member/Association feel that there Legislative Assembly of New Brunswick, and, where the employee has been a violationwritten consent of the Union respecting any grievance relating to the interpretation or application of this Agreement, he/she will take the following steps:
Step 1procedure shall apply: The member/AssociationSTEP ONE: Within twenty (20) working days after the alleged grievance has arisen or the employee became aware of the grievance, with the employee may present the employee's grievance in writing either by personal service or without a by mailing by registered mail, on the form authorized by the Labour and Employment Board to the employee's immediate supervisor or the person designated representative, shall discuss by the Employer as the first level in the grievance with procedure. If the Supervisor informally employee receives no reply or does not receive satisfactory settlement within five ten (510) work working days from the date on which the employee presented the employee's grievance to the employee's immediate supervisor or to the person designated as the first level in the grievance procedure, the employee may proceed to Step Two. STEP TWO: Within ten (10) working days from the expiration of the alleged violation andten (10) day period referred to in Step One, if the employee may present the employee's grievance in writing at the second level of the grievance process either by personal service or by mailing by registered mail, to the employee's immediate supervisor or to the person designated by the Employer as the second level in the grievance procedure. If the employee does not resolvedreceive a reply or satisfactory settlement of the employee's grievance from the person designated by the Employer as the second level in the grievance process within ten (10) working days from the date on which the employee presented the employee's grievance at the second level, the employee may proceed to Step Three. STEP THREE: Within ten (10) working days from the expiration of the ten (10) day period referred to in Step Two, the employee may present the employee's grievance in writing at the third level of the grievance process either by personal service or by mailing it by registered mail to the employee's immediate supervisor or the person designated by the Employer as the final level in the grievance process for the Department in which the employee is employed. Any settlement proposed by the Employer at levels one and two and any replies must accompany the grievance when it is presented at the third level to the person designated as the final level. The person designated as the final level shall file a written reply to the grievance with in writing to the Supervisor employee within fifteen (15) work working days from the date the grievance was presented at the third level. Should the employee not receive a reply or satisfactory settlement of the employee's grievance within fifteen (15) working days from the date on which the employee presented the employee's grievance at the final level, the employee may refer the employee's grievance to Adjudication as provided in Article 13 hereof, within fifteen (15) working days of the alleged violation and discuss date on which the written grievance with employee should have received a reply from the Supervisor within five (5) work days after person designated as the grievance is filedfinal level. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall containGrievance Procedure:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, Any claim by the Association or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel any teacher that there has been a violation, misinterpretation or misapplication of the terms of this Agreement shall be defined as a grievance and shall be resolved through the procedures set forth herein.
B. All time limits set forth herein shall refer to business days. Time limits are to be extended only by mutual written consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered substantive and failure to conform to them shall mean default by the party failing to conform.
C. The District agrees that the Association may designate building representatives and an alternate building representative who shall be teachers. The Association will furnish the District with the names of its building representatives, alternates, and Grievance Chairperson and such changes as may occur from time to time in such personnel so that the District may at all times be advised as to the authority of the individual representatives of the Association with whom it is dealing. Until the District has received written notice from the Association, it shall not be required to deal with such teachers purporting to be representatives. It is understood that, whenever possible, grievance problems will be handled at times other than when the teacher is at work. In the event, however, in the handling of a grievance, it becomes necessary for building representative to leave his/her work, he/she shall first obtain permission from his/her Supervisor or Principal. The privilege of the building representative leaving during his/her working hours without loss of time or pay is subject to the understanding that such time will take be devoted to the following stepsproper handling of the grievance; will be done as expeditiously and with as little interruption to work as possible; must not leave any students unattended; and that the privilege will not be abused. The building representative shall return to his/her work as promptly as possible and upon returning shall report at once to his/her Principal.
D. A written grievance as required herein shall contain the following:
Step 1: The member/Association, with or without a designated representative, . It shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step be signed.
2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it It shall be specific;.
c. it 3. It shall contain a synopsis of the facts giving rise to the alleged violation;violations.
d. it 4. It shall cite the section or subsections subsection of this contract or written Board policy alleged to have been violated;.
e. it 5. It shall contain the date of the alleged violation;.
f. it 6. It shall specify the relief requested;
g. it shall indicate approval or disapproval by . Any written grievance not in accordance with the Associationabove requirements may be rejected as improper. Such a rejection will not extend the limitations herein set forth.
Step 2E. LEVEL 1: The Superintendent or No grievance shall be processed unless it is presented at Level 1 within five (5) days of its occurrence. Any teacher who believes he/she has a grievance must present such grievance on an informal basis with his/her designated agent immediate supervisor. The Association Building Representative shall arrange a schedule the meeting with the grievant and/or immediate supervisor and the designated Building Representative or the Grievance Chairperson shall be present at the informal conference. If the grievance is not resolved on an informal basis, the grievance shall be reduced to writing by the Association representative within ten (10) work days of its occurrence or knowledge of its occurrence. Within five (5) days after the presentation of a written grievance, the immediate supervisor shall give his/her answer in writing to the grievant and the Association. In the event the grievance involves more than one (1) grievant or is filed by the Association, it will be filed with the appropriate administrator who is empowered to remedy the alleged grievance. LEVEL 2: In the event that the Association is not satisfied with the disposition of the grievance, the Association shall file a copy of the written grievance within five (5) days of the immediate supervisor’s written answer at Level One to the Superintendent of Schools or his/her designee. Within five (5) days of receipt of the grievance to discuss the written grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent designee shall render hold a meeting in an attempt to resolve the alleged grievance. Only the necessary persons as determined by the Superintendent and the Association’s Grievance Chairperson shall be present at the meeting. Within five (5) days upon conclusion of the meeting, the Superintendent or his/her decision in writingdesignee shall present the Association’s Grievance Chairperson, transmitting the President, and the Grievant with a copy of the same written answer to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her officealleged grievance. LEVEL 3: If the decision of the Superintendent alleged grievance is unsatisfactory to the Associationnot settled at Level 2, the Association may appeal same it shall be referred in writing to the Board of Education by filing a written grievance, along with within five (5) days after the decision date of the disposition by the Superintendent or his/her designee in Level 2, or upon referral by the Superintendent, with . The Board of Education or Committee thereof shall hold a hearing to consider the officer alleged grievance. The Association shall have an opportunity to present its views at this level. The Board of Education or Committee thereof shall render a decision on the alleged grievance and present it in writing to the Association within twenty-five (25) days after the date the matter was referred to the Board of Education. LEVEL 4: If the alleged grievance is not settled at Level 3, the matter may be referred to arbitration in charge of drawing up writing by the agenda for the Board's meeting, Association within ten (10) work days of receipt from the date of the Superintendent's decision.Board’s decision at Level
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A staff member with a grievance shall is encouraged to first discuss it with their immediate supervisor, with the objective of resolving the matter promptly and informally. An exception is that complaints of sexual harassment or violation of any other protected status should be defined as an discussed with the first line administrator that is not involved in the alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions harassment. This attempt at informal resolution is not a required component of the membergrievance policy but is suggested in an effort to attempt to resolve disputes informally. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss If the grievance with is not resolved informally, and the Supervisor informally within five (5) work days of grievant wishes to continue to seek to address the alleged violation andgrievance, if not resolved, the grievant shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss fill the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2their immediate building principal. The written grievance, as required herein, grievance shall containstate:
a. it shall be signed by 1. the grievant(s)/Association.
b. it shall be specificpolicy or provision of the Master Agreement the employee believes were violated;
c. it shall contain a synopsis 2. the alleged date of violation;
3. the facts giving rise to actor involved in the alleged violation;; and
d. it shall cite 4. the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval remedy requested by the Association.
Step 2: employee. The Superintendent or his/her designated agent shall arrange a meeting written grievance must be filed with the grievant and/or the designated Association representative immediate building principal within ten (10) work working days after receipt of the grievance date of the initial event allegedly giving rise to discuss the grievance. Within The immediate building principal or designee of the building principal shall meet with the grievant and shall, at the discretion of the principal or designee, conduct whatever additional meetings or investigative activities the principal or designee believes are necessary to address the grievance. Subsequent to these activities and within a period of ten (10) work days working days, the principal shall provide the grievant with a written response to the grievance of the discussioncertificated employee. If the grievant is not satisfied with the decision of the principal or designee, the individual shall have a period of five (5) working days to advance the grievance to the Superintendent by submitting a written objection to the decision with the Superintendent. If the principal or designee does not provide a written response to the grievance at the conclusion of ten (10) working days and no extension of this time period has been agreed to between the grievant and principal or designee, the grievance shall be advanced to the Superintendent without written response of the principal or designee. Upon receipt by the Superintendent, the Superintendent or his/her designated agent a designee, shall render his/her decision schedule a meeting between the parties and the principal. The parties shall be afforded the opportunity to either dispute or concur with the principal’s report. The Superintendent or designee shall, within a period of fifteen (15) working days, decide the matter notifying all the parties in writing, transmitting a copy writing of the same to decision. The decision of the grievantSuperintendent or designee shall be controlling, the Association representative, and appropriate Supervisor, and place a copy regardless of same whether it is in a permanent file agreement or in his/her office. If disagreement with the decision of the Superintendent principal. If either party is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along not satisfied with the decision of the Superintendent, with the officer Board is the next avenue for appeal. A written appeal must be submitted to the Board within five (5) days of receiving the Superintendent’s decision. The Board is the policy-making body of the school, however, and appeals to that level must be based solely on whether or not policy has been followed. Any individual appealing a decision of the Superintendent to the Board bears the burden of proving a failure to follow Board policy. Upon receipt of a written appeal of the decision of the Superintendent, and assuming the individual alleges a failure to follow Board policy, the matter shall be placed on the agenda of the Board for consideration not later than their next regularly scheduled meeting. A decision shall be made and reported in charge of drawing up the agenda for the Board's meeting, writing to all parties within ten thirty (1030) work days of receipt that meeting. The decision of the Superintendent's decisionBoard will be final.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. 19.01 A grievance shall be “grievance” is the allegation by an employee that the Board has misinterpreted, misapplied, or violated a specific and express term of this written Agreement. A “grievant” is defined as an alleged violation, misinterpretation, employee or misapplication group of this Agreement or written Board policies affecting working conditions employees (class action) of the member. Should local having a member/Association feel that there grievance.
19.02 An employee who has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, grievance shall discuss the grievance with his or her supervisor within ten (10) days of the Supervisor informally occurrence of the act or event on which the grievance is based.
19.03 If the grievant is not satisfied with the resolution of the issue at the Supervisor’s level, he shall file the grievance with the Superintendent within ten (10) days of the supervisor’s response. The Superintendent or his designee shall hold an informal hearing with the employee within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days Superintendent’s receipt of the alleged violation grievance. The Superintendent or designee shall make his decision on the grievance and discuss email it to the written grievance with the Supervisor employee within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with informal hearing.
19.04 If the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed action taken by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of does not resolve the grievance to discuss the grievance. Within ten (10) work days satisfaction of the discussionaggrieved party, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association aggrieved party may appeal same the grievance to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meetingFMCS Grievance Mediation, within ten (10) work days of receipt of the written Superintendent's decision’s disposition. The parties shall first attempt to agree on an FMCS mediator. If unable to agree, the Union will request for FMCS to appoint a mediator. The mediator will conduct mediation in accordance with FMCS procedures.
19.05 If mediation does not resolve the grievance, the grievant may, within ten (10) days of the mediation session, appeal the grievance by submitting a written request for arbitration to the Union, with a copy to be furnished to the Superintendent. The Union shall decide whether or not to file for arbitration. If the Union decides to proceed to arbitration, it must do so within five (5) days by mailing a written request to the Federal Mediation and Conciliation Service with a copy to be furnished to the Superintendent, for a list of seven (7) arbitrators. Either party may request that a second list of seven (7) names be furnished. The arbitrator shall have no power to add to, subtract from, modify, or alter any provisions of this Agreement. The fees and expenses of the arbitrator shall be borne solely by the losing party; if the losing party is not clearly identifiable, the arbitrator shall apportion his fees and expenses between the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party. The decision of the arbitrator shall be final and binding.
19.06 This grievance procedure constitutes the sole and exclusive means of raising and seeking a remedy for an alleged misinterpretation, misapplication, or violation of this Agreement. Neither the Union nor any employee shall take any other action alleging a violation of this Agreement, including but not limited to the filing of an unfair labor practice charge(s) or the initiation of judicial proceedings of any type in connection with any dispute which could have been, was, or is the subject of a grievance under this Article.
Appears in 4 contracts
Samples: Negotiated Agreement, Collective Bargaining Agreement, Negotiated Agreement
GRIEVANCE PROCEDURE. A. The following procedure shall be utilized in the processing of employee grievances: Step One A grievance must be in writing. A grievance shall be defined as an alleged violation, misinterpretation, signed by the Grievant or misapplication his/her authorized designee. In the case of this Agreement or written Board policies affecting working conditions a grievance on behalf of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with shall be signed by the Association’s authorized representative. Grievances shall be submitted to the Supervisor informally within five (5) work days who is most directly involved in the matter that is the subject of the alleged violation andgrievance, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days workdays of the date the Grievant or the Association knew or reasonably should have known of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisorevent, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievanceact, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts or occurrence giving rise to the alleged violation;grievance. Copies of the grievance shall be concurrently served upon the Assistant Superintendent for Human Resources and Legal Services and the Association. Within ten (10) workdays of receipt of the grievance, the supervisor shall meet with the Grievant and, if requested, the designated representative of the Association and/or the Association’s Executive Director, in an effort to resolve the grievance. Other representatives of the Employer may also attend such meeting if desired by the Employer. The supervisor shall provide the Grievant and the Association Representative with a written answer to the Grievant within ten (10) workdays of the Step One meeting. All written grievances must contain the following items:
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been a. The provision allegedly violated;
e. it shall contain the b. The date of the alleged violation;
f. it shall specify c. A description of the incident or occurrence giving rise to the grievance;
d. A statement of how the employee was injured by the Employer’s action and the relief requestedsought;
g. it shall indicate approval e. A list of those witnesses believed to have personal first hand knowledge of the incident or disapproval by occurrence giving rise to the Association.grievance. The list of witnesses may be supplemented at any time as additional witnesses become known to the grievant or the Union;
Step 2: f. The Superintendent signature of the grievant(s). If the Grievant or his/her designated agent shall arrange a meeting the Association is not satisfied with the grievant and/or decision of the supervisor at Step One, the Grievant or Association may appeal the grievance to Step Two by filing a written notice of appeal with the Assistant Superintendent for Human Resources and Legal Services (or other designated Association representative within of the Employer) no later than ten (10) work days after receipt of workdays following the grievance to discuss date the grievanceAssociation Representative received, or should have received, the Supervisor’s answer at Step One. Within ten (10) work days workdays of receipt of the discussiongrievance at Step Two, by either appeal or automatic advancement, the Assistant Superintendent for Human Resources and Legal Services (or his/her other designated agent shall render his/her decision in writing, transmitting a copy representative of the same Employer) shall meet with the Grievant and, if requested by the Grievant, the designated representative of the Association and/or the Association’s Executive Director in an effort to resolve the grievance. Other representatives of the Employer may also attend such meeting if desired by the Employer. The Assistant Superintendent for Human Resources and Legal Services (or other designated representative of the Employer) shall provide the Grievant and the Association Representative with a written answer to the grievant, grievance within ten (10) workdays of the Step Two meeting. If the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If is not satisfied with the decision of the Assistant Superintendent is unsatisfactory for Human Resources and Legal Services* Step Two, or if no answer has been provided to the AssociationGrievant and the Association at Step Two within the time permitted for doing so, the Association may appeal same the grievance to Step Three Arbitration. Grievances shall be arbitrated separately unless otherwise agreed in writing between the Board of Education by filing Employer and the Association. File a written grievance, along Demand for Arbitration with the decision Assistant Superintendent for Human Resources and Legal Services* no later than ten (10) workdays following the date the Association Representative received, or should have received, an answer at Step Two. The Association’s Executive Director and the Assistant Superintendent for Human Resources and Legal Services* shall attempt to agree on the selection of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, an Arbitrator. If agreement cannot be reached within ten (10) work workdays of the Demand for Arbitration the Association shall have up to thirty (30) calendar days following the date the Association Representative received, or should have received, the answer at Step Two, as above provided, to file a Demand for Arbitration with the American Arbitration Association (AAA). The Voluntary Labor Arbitration Rules of the AAA shall govern the arbitration hearing; in effect at the time the Association’s Demand for Arbitration is filed. All hearings shall be held at a mutually agreeable site. The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall he/she substitute his/her discretion for that of the Employer or the Association where such discretion has been retained by the Employer or the Association. The fees and approved expenses of the Arbitration shall be borne equally by the Association and the Employer. If the hearing is held at the Employer’s or the Association’s facilities there shall be no charge. All other expenses shall be borne by the party incurring them. The Arbitrator shall mail the decision directly to the parties within thirty (30) calendar days of receipt the close of the Superintendent's decisionarbitration hearing, or such later date as approved by the parties. The Arbitrator’s decision established by this Agreement shall be final and binding upon the Employer, the Association and the employee or employees involved.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be is defined as an alleged violation, misinterpretation, misinterpretation or misapplication of any Article or Section of this Agreement or written Board policies affecting working conditions Agreement. The following procedure shall be used: STEP ONE: Any grievance must first be taken up within ten (10) school days of its occurrence by discussion with the Administrator's immediate supervisor. The Association may accompany the individual grievant on this occasion. If not resolved and intended to be carried forward, the grievance shall be reduced to writing and given to the immediate supervisor within fifteen (15) school days after the event occurred of which complaint was made. STEP TWO: During the period of the membernext eight (8) school days, the grievant and/or the Association shall meet with the immediate supervisor to attempt a resolution of the grievance. Should a member/Association feel that there has been a violationDuring this period, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, said immediate supervisor shall discuss indicate disposition of the grievance in writing with a copy to the Supervisor informally grievant. If the grievance is not resolved and is intended to be carried forward, such must be done within five (5) work school days after the conclusion of Step Two. STEP THREE: During the period of the alleged violation andnext eight (8) school days, if not resolved, the grievant and/or the Association shall file a written grievance meet with the Supervisor within fifteen (15) work days Superintendent to attempt a resolution of the alleged violation grievance. During this period, said Superintendent shall indicate disposition of the grievance in writing with a copy to the grievant. If the grievance is not resolved and discuss the written grievance with the Supervisor is intended to be carried forward, such must be done within five (5) work school days after the conclusion of Step Three. STEP FOUR: The grievance is filed. If no satisfactory conclusion is reached within five (5) work days following may be transmitted to this Step by filing a written copy with the discussion Secretary of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2Board. The written grievanceBoard shall, as during the next three (3) calendar weeks, meet in private session (or in public session if required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting Open Meetings Act) with the grievant and/or the designated Association representative within ten (10) work days after receipt concerning the grievance. Disposition of the grievance to discuss in writing by the grievance. Within ten Board shall be made within seven (107) work calendar days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a after said meeting and copy of the same furnished to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent grievance is unsatisfactory not thereby resolved and is intended to the Associationbe carried forward, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board notification shall be given as set forth below in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionStep Five.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Employment Agreement, Employment Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation6.01 The Parties agree that all matters of dispute that may arise between the Company and any employee(s) regarding the application, misinterpretation, interpretation or misapplication administration of this Agreement or written Board policies affecting working conditions shall be resolved in the following manner.
STEP 1 The grievor along with a shift Xxxxxxx will meet with the grievor’s immediate Supervisor to submit the grievance in writing to the Supervisor. The grievor and Xxxxxxx will outline the nature of the membergrievance to the Supervisor. Should a member/Association feel that there has been a violation, he/she The Supervisor will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss investigate the grievance with the Supervisor informally and attempt to find an acceptable solution within five (5) work regular working days of his/her schedule. The Supervisor will state the alleged violation andresult of the investigation, if the resolution recommended or the reason(s) why a resolution cannot resolved, shall file a written be recommended and document this on the grievance with form. If the Supervisor is not able to find an acceptable solution within fifteen (15) work days of the alleged violation and discuss time allotted, the written grievance with the Supervisor grievor may, within five (5) work regular working days after of his/her schedule, following receipt of the Supervisor’s response, raise the grievance is filedto Step 2 of the Grievance Procedure.
STEP 2 The Chief Xxxxxxx shall submit the grievance in writing to the Department Manager. If no satisfactory conclusion is reached The Department Manager shall convene a meeting of the grievor and the Chief Xxxxxxx within five (5) work regular working days of his/her schedule, following the discussion receipt of the written grievance with grievance. The participation of the SupervisorShift Xxxxxxx and/or the Supervisor will be subject to the approval between the parties. Following this meeting, the memberDepartment Manager will investigate the grievance and attempt to find an acceptable solution. The Department Manager will state the result of the investigation, the resolution recommended or the reason(s) why a resolution cannot be recommended on the grievance form within 5 regular working days of his/Association shall submit her schedule. If the written grievance solution recommended by the Department Manager is not acceptable to the Grievor or to the Union, the Chief Xxxxxxx may, within five (5) work regular working days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange schedule, raise the grievance to Step 3 of the grievance procedure. Grievances raised to Step 3 must specify in writing on a mutually agreed grievance form the nature of the grievance, the article(s) of the Agreement specific to the grievance and the settlement required. Grievances raised to Step 3 must be submitted to the Human Resources Manager. The Human Resources Manager will convene a meeting with of the grievant grievor, the Local Union President or Unit Chairperson as applicable, the Chief Xxxxxxx and the Department Manager involved within five (5) regular working days of his/her schedule following the grievance being submitted to Step 3. The participation of the Shift Xxxxxxx and/or the designated Association representative Supervisor involved will be subject to the approval between the parties. Following this meeting, the Human Resources Manager will, within five (5) regular working days of his/her schedule, investigate the grievance and state the position of the Company on this matter in writing on the grievance form. This response will be submitted to the Local Union President or Unit Chairperson as applicable. The Local Union President or unit Chairperson will have ten (10) work regular working days after receipt of his/her scheduled to state the position of the Union on this matter in writing. The Local Union President or Unit Chairperson, as applicable, will specify that the grievance is settled, withdrawn, deferred or referred to Arbitration as the final step of the grievance procedure in accord with Article 7 of this Agreement.
6.02 In the case of an adjustment to discuss any employee’s rate of pay, which was the grievance. Within ten (10) work days result of a mechanical error, proper adjustment will be made from the date the error occurred.
6.03 For the purpose of the discussiongrievance procedure, regular working days shall exclude days off due to sickness, scheduled days off, vacation or layoff.
6.04 In the event the grieving party fails to observe the time limits set forth in 6.01, the Superintendent or his/her designated agent grievance shall render his/her decision be considered withdrawn without prejudice. In the event the responding party fails to observe the time limits set forth in writing6.01, transmitting a copy the grievance will be upheld in favour of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her officegrievor. If the decision Time limits may be extended by mutual written agreement of the Superintendent is unsatisfactory parties.
6.05 No individual employee covered by this agreement has a right to settle any grievance unless accompanied by the Association, the Association may appeal same Union Executive or a Xxxxxxx.
6.06 All policy grievances or grievances pertaining to the Board of Education by filing a written grievance, along with the decision benefits will automatically be raised to Step 3 of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionGrievance procedure.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined claim by a teacher or the Association as an alleged violationspecified below, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, misinterpretation or misapplication of any provision of the Agreement may be processed as a grievance as hereinafter provided. If any such grievance arises, there shall be no stoppage or suspension of work because of such grievance, but such grievance shall be submitted to the following grievance procedure.
B. At the beginning of each school year, the Ashland Teachers’ Association will form a standing grievance committee to hear and advise teachers on alleged violations of the Agreement. The teacher, upon receiving this advice, is free to initiate a grievance at Level One. Grievance Committee is to be comprised of three (3) professional employees with three (3) or more years of experience in the District.
C. An individual employee may present a grievance to the Board or its designated representative without the intervention of the Association or its representative as long as any adjustments are not inconsistent with the terms of this Agreement.
D. If, as a result of an informal discussion with the principal or appropriate administrator, a grievance still exists, he/she will take may invoke the formal grievance procedure through the Association or independently according to the following steps:
: Step 1One: The member/AssociationWithin five (5) days of the time a grievance occurs, with or without a designated representative, shall discuss the teacher will present the grievance to his/her immediate administrators during non-teaching hours with the Supervisor informally objective of resolving the matter informally. Within five (5) days after presentation of the grievance, the immediate administrator shall give his/her answer orally to the teacher with a dated receipt that a Step One meeting was held. Step Two: If the grievance is not resolved in Step One, the teacher must, within five (5) work days of receipt of the alleged violation andadministrator’s answer, if not resolvedsubmit to the administrator a signed, written “Statement of Grievance” (See Appendix F). This form shall name the teacher involved, shall file a written grievance with state facts giving rise to the Supervisor within fifteen (15) work days grievance, shall identify all the provisions of this Agreement alleged to be violated by appropriate reference, shall state the contention of the alleged violation employee and discuss of the Association with respect to these provisions, shall indicate the relief requested, shall be signed by the teacher involved. The administrator shall give the teacher an answer in writing no later than five (5) days after receipt of the written grievance with (See Appendix G). Step Three: If the Supervisor grievance is not resolved in Step Two, it must be submitted in writing within five (5) work days after to the Superintendent and the aggrieved teacher (and a representative of the Association, if the teacher so desires) shall meet within a reasonable time, not to exceed ten (10) days, in an attempt to resolve the matter. Step Four: If a satisfactory disposition of the grievance is filed. If no satisfactory conclusion is reached not made within the five (5) work days following the discussion of the written meeting provided in Step Three above, the teacher shall have the right to file said grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days Secretary of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after of the meeting provided in Step Three. Presentation of the grievance shall include the entire documentation of facts and information submitted at this step and at arbitration. The Board will have fifteen (15) days from receipt of the grievance certified letter to discuss the grievance. Within ten (10) work days of the discussionresolve and render its decision, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, Association and the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionaggrieved teacher.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. LEVEL I - If the grievance is not resolved by informal discussion, it may be pursued further by submitting a completed Grievance Report Form (Appendix C), Level I, to the grievant's lowest level administrator with the authority to resolve it. A copy shall also be filed with the Superintendent. Within five (5) days of receipt of the Grievance Report Form, the administrator shall meet with the grievant. The administrator shall write a disposition of the grievance within three (3) days after such meeting by completing Level I of the Grievance Report Form and returning a copy to the grievant, the Superintendent, and the RLEA President. LEVEL II - If the grievant is not satisfied with the disposition of the grievance in Level I, the grievant shall be defined as an alleged violationcomplete Grievance Report Form, misinterpretationLevel II, and submit same to the Superintendent, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a memberhis/Association feel that there has been a violationher designee, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work school days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days receipt of the alleged violation and discuss the written grievance with the Supervisor within decision at Level I. Within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work school days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussionGrievance Form, the Superintendent or his/her designated agent designee shall render meet with the grievant. Within three (3) school days of this meeting, the Superintendent or his/her decision in writingdesignee shall write his/her disposition of the grievance by completing his/her portion of Level II, transmitting forwarding a copy of the same to the grievant, the Association representativeimmediate supervisor, and appropriate Supervisor, the RLEA President. An alternative procedure to Level II: The grievant and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same request to the Board of Education by filing a written grievance, along meet with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt Executive Session at its next regularly scheduled Board meeting or at another time by mutual consent of the Superintendent's decisionparties.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. Section 1. A grievance is any controversy between the parties to this AGREEMENT which pertains to any matter involving interpretation, violation or misapplication of any of the provisions of this AGREEMENT.
Section 2. The presentation of a grievance shall be defined as an alleged violationconsidered the right of each employee without fear of reprisal.
Section 3. Any grievance must be presented to the employee's supervisor, misinterpretationin writing, either within ten (10) working days of the occurrence or ten (10) working days of the employee's learning of the occurrence. The grievance shall set forth in writing the facts and the specific provision of the AGREEMENT allegedly violated or the dispute, complaint, problem, issue, or misapplication of question existing and the specific relief sought. Any grievance which is not filed within this Agreement time limit shall be invalid and without further recourse. Failure to file or written Board policies affecting working conditions advance the grievance according to the established procedures and times shall cause that party to waive the right to respond to that level. If the employee or FEDERATION fails to respond, the grievance shall be canceled. If management fails to respond, the employee may proceed to the next level of the memberprocedure. Should a member/Association feel that there has been a violationTime limits or procedural steps may be waived upon mutual, he/she will take written agreement by both the following steps:employee and the Director of Human Resources.
Step LEVEL 1: The member/Association, with or without a designated representative, supervisor shall discuss respond to the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work working days of after receiving it. LEVEL 2: In the discussion with event the Supervisor to Step 2. A grievance which is not within resolved in Level 1, the scope of a Supervisor's authority grievance may be filed initially at step 2. The written grievancepresented, as required hereinin writing, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative employee's Department Head within ten (10) work days after receipt additional working days. As part of the grievance attempt to discuss resolve the grievance, the Department Head, Employee or Federation may request a meeting. Within If a meeting is requested, it shall be scheduled within five (5) working days of the request. A written response to the grievance shall be provided to the employee within five (5) working days of the meeting. At no time shall more than ten (10) work working days of elapse from the discussionemployee submitting the grievance to the Department Head for resolution without an extension being approved by both the Federation and the Employer. LEVEL 3: In the event the grievance is not resolved at Xxxxx 0, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of employee may present the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same grievance to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, County Commissioners within ten (10) work working days after the Department Head responds in Level 2. The Board of County Commissioners shall have ten (10) working days to resolve the grievance.
Section 4. Any dispute which has not been resolved by the above grievance procedure may be submitted to arbitration by the aggrieved party provided it is submitted in writing within ten (10)
Section 5. The parties shall select an impartial arbitrator who shall be agreeable to the EMPLOYER and the FEDERATION. In the event that the parties to the dispute are unable to agree upon the selection of an arbitrator, the Federal Mediation and Conciliation Service shall be requested to provide a list of five (5) names. Each party to the dispute shall alternately strike names with the party bringing the grievance striking the first name, until one remains and that person shall be designated the arbitrator. The arbitrator shall consider the grievance and shall render a decision within twenty (20) days of the date of receipt of the Superintendent's decisiongrievance.
Section 6. The arbitrator shall not have the power to detract, modify or amend this AGREEMENT in any way.
Section 7. The decision of the arbitrator shall be binding upon all parties concerned.
Section 8. Each party shall bear the fees and expenses of the presentation of its own case. The fees and expenses of the impartial arbitrator shall be shared equally between the parties.
Section 9. In the event one of the parties to the arbitration wants a transcript of the arbitration proceedings, the party requesting the transcript shall pay the cost of such transcript.
Section 10. In computing any period of time prescribed or allowed by procedure herein, the date of the act, event or default for which the designated period of time begins to run shall not be included. The last day of the period so computed shall be counted, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday. Time limits designated in Article 31 GRIEVANCE PROCEDURE of this AGREEMENT may be extended by mutual agreement between the parties involved.
Appears in 3 contracts
Samples: Memorandum of Understanding, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A The Employer and the Association agree that the grievance procedure should be an efficiency mechanism for the resolution of grievances. The agreed procedure shall be as follows:
i) The grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally presented in writing within five (5) work working days of the alleged violation andto the Director of Education or designate, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with shall be submitted on the Supervisor form prescribed in Appendix A and shall be signed by the employee concerned and either the President or Vice- President of the Association.
ii) The employee concerned, an Association representative and the Director of Education or designate or designate shall meet to discuss the grievance within ten (10) working days of its receipt.
iii) The Director of Education or designate shall render a written decision within five (5) work working days after of the meeting.
iv) If the grievance is filed. If no satisfactory conclusion is reached not resolved in Step I, the Association may request the Director of Education or designate to facilitate the formation of a grievance committee within five (5) work working days following the discussion of the written grievance with receipt of the decision in Step I. This Committee shall consist of three members appointed by the Employer and three members appointed by the Association. Neither the griever nor the Association representative, nor the Supervisor, nor the member/Association Director of Education shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2Committee members. The written grievance, as required herein, shall contain:
a. it Committee shall be signed by formed, appoint its Chairperson from within who shall retain voting rights, hear the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or grievance and render its written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative decision within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work working days of the discussionrequest to be formed. A majority decision by the Committee shall be recommended to the Employer and the Association Executive, by their appointed members, for confirmation. This recommendation will be heard by the Superintendent or his/her designated agent shall render his/her decision in writingBoard and the Association Executive at their next meeting.
v) Grievances, transmitting which are not resolved after Step 2, may be referred to a copy Board of Arbitration within six (6) working days of the same to the grievant, the Association representative, Board and appropriate Supervisor, and place a copy Association's decisions.
vi) The Board of same in a permanent file in his/her office. If the decision Arbitration shall consist of the Superintendent is unsatisfactory to one (1) member appointed by the Association, one (1) member appointed by the Board and a Chairperson jointly named by the two (2) members so appointed. In the event the appointed members fail to agree on the appointment of a chairperson, the appointment of a chairperson shall be made by the chairperson of the Labour Relations Board
vii) The Board and the Association may appeal same to shall each pay one-half (1/2) of the remuneration and expenses of the person appointed as chairperson of the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionArbitration.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. Section 1. A grievance is defined as a dispute regarding the interpretation of jurisdiction and application of the provisions of this Site Jurisdictional Procedural Agreement filed by a UNION or EMPLOYER covered by this AGREEMENT. Disputes specifically related to the application and interpretation of the respective local or International Union Agreements shall be defined processed under the respective Agreement. All jurisdictional disputes between competing crafts employed on this SITE shall be processed in accordance with Sections 1, 3 and 3 of Article III.
Section 2. The COORDINATOR and the Idaho Building and Construction Trades Council (hereinafter referred to as an alleged violationCOUNCIL) shall attempt to achieve compliance with
Section 3. Grievances relating to the acts or failure to act of any particular Party shall be filed against that Party. There shall be no actual or threatened work stoppage, misinterpretationwork interruption, slowdown, featherbedding, sit down, strike, picketing, hand billing, or misapplication public notices of this Agreement or written Board policies affecting working conditions any kind during the entire term of the membergrievance proceedings.
Section 4. Should a member/Association feel Any EMPLOYER or UNION whose act or failure to act gave rise to any monetary damage or penalty shall be solely responsible therefor, and not the COORDINATOR, COUNCIL or OWNER.
Section 5. Other UNIONS or EMPLOYERS may also be joined as parties to any grievances when that there has been a violationUNION or EMPLOYER is directly affected by the outcome of the grievance, he/she will take or participated in the events giving rise to the grievance, and shall be bound by any decision.
Section 6. All grievances shall be handled in the following stepsmanner:
(a) Step 1: . A grievance may be filed no later than five (5) working days after the act alleged to constitute a grievance is first discovered. The member/Associationgrievance must be presented by the UNION or EMPLOYER to the proper Employer or Union representative involved, with or without a designated representative, shall discuss as the case may be. If the grievance with the Supervisor informally is not resolved within five (5) work days working days, the grievance shall be reduced to writing, citing the Article and paragraph of this AGREEMENT which has been allegedly violated. Such written notice shall identify and describe the grievance. It shall contain the name of the Grievant (the UNION or the EMPLOYER), a description of the act, failure to act or incident alleged violation andto constitute the breach; and a statement of the relief or remedy sought. The Grievance Procedure Form, if not resolvedattached hereto, shall file a written be used to initiate all jurisdictional grievances on this SITE.
(b) Step 2. If the grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss is not settled at Step 1, the written grievance with the Supervisor within may, no later than five (5) work working days after the grievance is filedtime limitation set forth above for Step 1, be referred by the grievant UNION or EMPLOYER involved to the COORDINATOR, for discussion and resolution by the COORDINATOR, if possible. If no satisfactory conclusion is reached within five (5) work days following the discussion This Shall be referred to as Step 2 of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/AssociationGrievance Procedure.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 3 contracts
Samples: Site Construction Jurisdictional Procedural Agreement, Site Construction Jurisdictional Procedural Agreement, Site Construction Jurisdictional Procedural Agreement
GRIEVANCE PROCEDURE. A. A claim by a teacher or group of teachers that there has been a violation, misinterpretation or misapplication of any provisions of this Agreement may be processed as a grievance as hereinafter provided. A grievant is a teacher having a grievance. Both parties agree that these proceedings shall be kept as informal and confidential as may be appropriate at any level of the procedure. The time limits specified may be extended by mutual Agreement at all levels. Any grievant may be represented at all stages of the grievance procedure by a person of his/her own choosing, and notice of this representative must be given to his/her immediate supervisor. The Board is also entitled to a representative. When it is necessary at any level for a grievant and witness (one per occurrence maximum) to attend a meeting or a hearing during the school day, the Superintendent shall notify such teacher and the witness that they shall be released without loss of pay for such time as his/her attendance is required at such meeting or hearing. At all levels the time limits are binding except for periods of inclement weather that prohibit normal travel. Necessary forms pertaining to a grievance will be prepared jointly and distributed by the Association or the District. If the grievance report is in favor of the grievant, all documents, communications and records dealing with the grievance shall be defined as an removed from the Personnel File. Level I A teacher with a grievance will first discuss it with his/her principal or immediate supervisor within fifteen (15) working days of the alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/AssociationAgreement, with the object of resolving the matter informally. If the teaching position is in a remote area and the immediate supervisor is not stationed at the site, the first step should be accomplished by mail, telephone, or without radio. If an informal solution has not been reached, a designated representative, shall discuss the teacher with a grievance may initiate a formal procedure by filing a written statement of grievance with the Supervisor informally immediate supervisor. This statement must be filed within five ten (510) work working days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the informal discussion with the Supervisor to Step 2supervisor. A grievance which is not within The date of this action shall be the scope of a Supervisor's authority may be filed initially at step 2filing date. The written grievance, as required herein, grievance shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain include the date of the alleged violation;
f. it , the article and item of the Agreement, and the signature of the grievant. The immediate supervisor shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting meet with the grievant and/or the designated Association representative and anyone selected to accompany him/her within ten (10) work working days after of the receipt of the grievance to discuss the written grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent This meeting will be set by mutual consent. The immediate supervisor shall render his/her a decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, writing within ten (10) work working days of receipt of the Superintendent's decisionmeeting dealing with the written grievance.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A Any employee having a grievance shall be defined arising as an alleged violation, misinterpretation, to the application or misapplication interpretation of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1herein set forth: The member/Associationgrievance must be presented in writing by the association representative to the immediate supervisor, with on the form attached as Appendix II, within thirty (30) working days from the date of its occurrence. The grievance must include the grievant’s signature (when applicable) and must indicate the specific Article(s) allegedly misapplied or without misinterpreted.
A. If an employee feels he has a designated representativegrievance, he shall discuss the grievance with the Supervisor informally supervisor. A Union representative shall be given an opportunity to be present during all discussions.
B. If the matter is not disposed of within two (2) working days, it may be submitted in written form by the President to the supervisor.
C. The supervisor shall answer the grievance, in writing, within five (5) work days of working days.
A. If the alleged violation andSupervisor's answer does not resolve the grievance, if not resolved, shall file a written the chief association representative may submit the grievance with in writing to the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor Superintendent within five (5) work working days after from the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion receipt of the written grievance with supervisor's answer.
B. The Superintendent shall answer the Supervisor, the member/Association shall submit the written grievance within five (5) work working days from receipt of the written grievance.
A. If the Superintendent's answer does not resolve the grievance, the Union may submit the grievance to the Board of Education within five (5) working days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify receipt of the relief requested;
g. it shall indicate approval Superintendent's answer. The School Board or disapproval by a Board committee will arrange to discuss the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative grievance within ten (10) work working days. The Employer shall answer the grievance within five (5) calendar days from the date of the meeting.
A. If the Board's answer does not resolve the grievance, and the Union wishes to carry the matter further, it shall within thirty (30) calendar days after receipt of the grievance written reply at step 3, notify the Superintendent of its written intent to discuss submit the grievancematter to arbitration. Within ten (10) work days Upon receipt of the discussionUnion's notice of intent, the Superintendent or his/her designated agent parties shall render his/her decision in writing, transmitting a copy of the same attempt to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her officemutually select an arbitrator. If the decision of parties are unable to mutually select an arbitrator, the Superintendent is unsatisfactory to Union may file a Demand for Arbitration at the American Arbitration Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, provided that such Demand is filed within ten sixty (1060) work calendar days of after receipt of the SuperintendentEmployer's answer at Step 3. The matter shall thereafter be administered by the Commission in accordance with its Voluntary Labor Arbitration Rules. The Commission's administrative fee and the arbitrator's fees and expenses shall be borne equally by the parties. The arbitrator shall be required to issue his decision within thirty (30) days after the conclusion of testimony and argument.
B. The arbitrator shall have no power to add to, subtract from, alter or modify any of the terms of the Agreement. There shall be no appeal from the arbitrator's decision. Each such decision shall be final and binding on the Union and its members, the employee or employees involved, and the Employer.
C. Where no monetary loss has been alleged, the arbitrator shall have no power to order one.
D. If the proceedings involve any matter which is or might be alleged as a grievance are instituted in any administrative action before a government board or agency, or in any court, then any further proceedings on such grievance under this Article shall be barred. Likewise, it is expressly understood and agreed that taking an appeal to the arbitrator constitutes an election of remedies and waiver of any and all rights of the appealing party and any person or persons he, she or it represents to litigate or otherwise contest the appealed subject matter in any court, administrative agency or other forum.
E. The arbitrator shall have no jurisdiction over any dispute concerning the discipline, discharge, transfer, or layoff of any probationary employee.
F. Any grievance not appealed from one step of the Grievance Procedure to the next step, within the time limits set by the Grievance Procedure, shall be considered settled on the basis of the last answer and not subject to further review. An arbitrator shall have no power to reach the merits of a grievance which was not filed or appealed within the contractual time limits, however, nothing in this paragraph shall be deemed to require an arbitrator to hold a separate hearing on any timeliness issue. The time limits under this procedure may be extended by mutual agreement.
G. A grievance may be withdrawn without prejudice, and if so withdrawn, all financial liabilities shall be canceled.
H. No claim for back wages shall exceed the amount of wages the employee would otherwise have earned, reduced by monies which were earned but which would not have been earned had employment with the Employer continued and further reduced by unemployment compensation, if any, received. This paragraph shall not be construed as requiring an arbitrator to award back pay as a remedy. Grievance #
1. Superintendent
2. Principal/Supervisor 3. Association
A. Date Cause of Grievance Occurred B. 1. Statement of Grievance
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. Section 1: A grievance shall be defined interpreted as a claim by an alleged Association member, or by the Association in its own behalf, that there has been a violation, misinterpretation, or misapplication of one (1) or more specific provisions of this Agreement.
Section 2: A grievance may be filed and presented by an employee or by the Association acting through its Representative(s). Any individual employee may present a grievance and have the grievance adjusted without intervention of the Association if the adjustment of the grievance is not inconsistent with the terms of this Agreement and the Association has been given an opportunity to have an Association representative present at such adjustment; provided, however, that the adjustment of a grievance between the Board or written Board policies affecting its designated Representatives and an individual employee shall not preclude the Association from filing its own grievance with respect to the same subject. Only the Association can take a grievance beyond Step Two.
Section 3: The term “day” when used in this Article shall, except where otherwise indicated, mean working conditions days. Employees whose work year is less than twelve (12) months shall adhere to the work days scheduled for the full twelve (12) month period.
Section 4: Prior to initiating Step One of the membergrievance procedure, as outlined below, the grievant will informally discuss the matter with the immediate supervisor with or without an Association Representative, as the grievant desires.
Section 5: All grievances shall be presented in accordance with the following procedure:
a. Step One: An employee having a grievance shall submit the grievance in writing to his/her immediate supervisor within five (5) days of the event upon which the grievance is based. Should The employee may choose to have an Association Representative present in discussing the grievance with the immediate supervisor. The supervisor must submit a memberdecision in writing within five (5) days after receipt of the grievance. A copy of the decision shall be furnished to the employee and to the Association.
b. Step Two: If the Association is not satisfied with the disposition at Step One, the grievance shall be submitted by the Association to the Superintendent, or designee, within five (5) days. The Superintendent, or designee, shall process the grievance in one (1) of the following ways:
(1) The Superintendent, or designee, shall meet with the Association within five (5) days after receipt of the grievance and shall indicate his/her disposition, in writing, to the Association feel within five (5) days after such meeting.
(2) The Superintendent, or designee, shall inform the Association within five (5) days after receipt of the grievance that a meeting with the Board of Education and the Association shall take place, in executive session, immediately following the next regularly scheduled Board meeting. The Board of Education shall indicate its disposition of the grievance, in writing, to the Association within ten (10) days after such meeting.
c. Step Three: If the Association is not satisfied with the disposition of the grievance at Step Two, or if no disposition has been made within the period above provided, the grievance may be submitted to arbitration at the request of the Association; provided, however, notification of intent to pursue arbitration is submitted, in writing, to the Board, or its designee, within five (5) days. Following the written notice of Request for Submission to Arbitration, the Association and the Board, or its designee, shall attempt to select an arbitrator. If the parties cannot agree as to the arbitrator within five (5) days, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules, which shall likewise govern the arbitration proceeding. Provided the Board, or its designee, has given its consent, the Association may elect to submit the grievance to the American Arbitration Association under its rules and regulations governing and controlling expedited proceedings. The Board and the Association shall not be permitted to present in the arbitration proceedings any grounds or to rely and the Association shall not be permitted to rely on any evidence not previously disclosed to the other party. The arbitrator’s power shall be limited to determining whether or not there has been a violation, hemisinterpretation, and/or misapplication of a provision, or provisions, of the Agreement. The arbitrator shall not substitute his/she will take her personal judgment for that of the following steps:parties. Any decision rendered by the arbitrator shall be binding upon the parties to this Agreement.
Step 1Section 6: The member/Association, with or without fees and expenses of the arbitrator shall be shared equally by the parties. Expenses of a designated representative, witness shall discuss be paid by the party calling the witness.
Section 7: The number of days provided for the presentation and proceeding of grievances at each step of the grievance with procedure establishes the Supervisor informally maximum time limits and any grievance not presented within five (5) work days the time limits provided at each respective step of the alleged violation andgrievance procedure shall be deemed withdrawn; provided, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisorhowever, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority time limits set forth herein may be filed initially at step 2. The written grievanceextended by mutual agreement, as required hereinin writing, shall contain:
a. it shall be signed by between the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of Board, or its representaves, and the facts giving rise to the alleged violation;
d. it shall cite the section aggrieved employee or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2Section 8: The Superintendent If the Board, or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association its representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If does not act within the decision of the Superintendent is unsatisfactory to the Associationtime limits stipulated within each step, the Association may appeal same proceed to the Board next step.
Section 9: A grievance concerning the discharge or suspension of Education by filing a written grievance, along with the decision an employee shall be filed at Step Two of the Superintendentgrievance procedure.
Section 10: If a grievance results from an alleged act of an authority higher than the immediate supervisor, with the officer of Association may file the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisiongrievance at Step Two.
Appears in 3 contracts
Samples: Master Agreement, Collective Bargaining Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as is an alleged violationviolation of the express terms of this Agreement. No grievance will be granted that requires the Board to violate applicable federal and state laws.
A. The Association will identify its building representatives and grievances chair within the first month of school each school year.
B. The term “days” herein used shall mean business working days. Additional days may be added to any individual number of days below if agreed in writing by the immediate supervisor and/or Superintendent AND by the grievance chair and/or Association President. The term “grievant” used herein shall mean an Employee, misinterpretationgroup of Employees, or misapplication the Association, believing themselves wronged by an alleged violation of the expressed provisions of this Agreement or written Board policies affecting working conditions Agreement.
C. Within twelve (12) days of an alleged violation of this agreement, the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, grievant and/or grievance chair shall meet and orally discuss the grievance matter with the Supervisor informally immediate supervisor in an attempt to resolve the matter.
D. Level One – Superintendent: If no resolution is agreed upon within five (5) work days of the alleged violation anddiscussion, if not resolvedthe grievant and/or grievance chair shall, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after additional days, reduce the grievance is filedmatter to writing, and transmit it (a written grievance) to the immediate supervisor and the Superintendent. If no satisfactory conclusion is reached within Within five (5) work days following the discussion of receipt of the written grievance with the Supervisorgrievance, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievanceSuperintendent, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent representative, shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt representative, at the option of the grievance grievant, to discuss the grievance. Within ten five (105) work days of the discussion, the Superintendent Superintendent, or his/her designated agent representative, shall render his/her decision in writing, with the disposition of the grievance, transmitting a copy of the same to the grievant, the grievance chair, the Association representativeSecretary, and appropriate Supervisorthe immediate supervisor, and place a copy of same in a permanent grievance file in his/her office. the office of the Superintendent.
E. Level Two – Board of Education: If no decision is rendered within five (5) days of the discussion, or the decision of the Superintendent is unsatisfactory to the grievant and the Association, then within fifteen (15) additional days the Association grievant may appeal same to the Board of Education by filing transmitting a written grievance, along with the decision of the Superintendent, or his/her designated representative, with the officer Secretary of the Board and Superintendent. The Board shall, at the next regularly scheduled Board meeting or work session, allow the grievant and/or grievance chair an opportunity to be heard (grievance hearing). If the Secretary of the Board receives the written grievance within seven (7) days of a regularly scheduled Board meeting or work session, then the grievance shall be scheduled for the following regularly scheduled Board meeting or work session. Within fifteen (15) days from the grievance hearing, the Board will transmit its decision in charge writing to the grievant, grievance chair, Association Secretary and Superintendent. The Board may hold future hearings therein, may designate one or more of drawing up its members to hold future meetings therein, or otherwise investigate the agenda for grievance, provided, however, that in no event, except with expressed written consent of the Association shall final determination of the grievance be made by the Board more than fifteen (15) days after the initial hearing.
F. Level Three – Arbitration: If a grievance is not settled as a result of such final determination by the Board, the Association shall have the right to appeal the dispute to an impartial arbitrator. Such appeal must be taken by written notice given to the other party within fifteen (15) days from the date the Board's meeting, answer is given. If the parties cannot agree upon such arbitrator within ten (10) work days of receipt after the notice is given, then they shall select such arbitrator in accordance with the rules of the Superintendent's decisionAmerican Arbitration Association.
G. All grievance procedures and investigations by the Association will be processed during time that does not interfere with assigned duties.
H. The sole remedy available to any Employee for any alleged breach of this Agreement or any alleged violation of his/her rights hereunder will be pursuant to the grievance procedure; provided, however, that nothing contained herein will deprive any Employee of any legal right which he/she presently has, provided that, if an Employee elects to pursue any legal or statutory remedy, such election will bar any further or subsequent proceedings for relief under the provisions of this Article.
I. In the course of investigation of any grievance, representatives of the Association will report to the principal of the building being visited and state the purpose of the visit immediately upon arrival.
J. Every effort will be made to avoid the involvement of students in all phases of the grievance procedure.
K. The enclosed written grievance form shall be mutually agreed upon and must be used by the Board and the Association and it shall be supplied by the Board of Education. All persons involved in the grievance shall have a copy of the grievance form.
L. It shall be the function of the arbitrator and he /she shall be empowered, except as his/her powers are limited below, to make a decision in cases of alleged violation of the specific Articles and Sections of this Agreement.
1. The power and authority of the arbitrator shall be limited in each case to resolving the question submitted. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement, nor shall the arbitrator substitute his/her discretion for that of the Board or the Association where such discretion has been retained by the Board or the Association, nor shall the arbitrator exercise any responsibility or function of the Board or of the Association. The decision of the arbitrator shall be final and binding on both parties.
2. The Board and the Association shall share the fees and expenses of the arbitrator equally. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
3. No decision in any one case shall require a retroactive adjustment in any other case.
4. He/she shall have no power to establish salary scales.
5. He/she shall have no power to rule on any of the following:
a. The termination of services of, or failure to re-employ any probationary Employee.
b. The termination of services or failure to re-employ any Employee to a position other than his/her basic position. However, if an Employee is not properly notified, lack of proper notification can be subject to arbitration.
c. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including any matter subject to the procedures specified in the Michigan Teachers' Tenure Act, as amended.
d. Any matter involving the content of an Employee evaluation.
6. He/she shall have no power to construe any provision of this agreement so as to interfere with or impair the Board’s compliance with the NCLB as written.
7. He/she shall have no power to give effect to any provision of this agreement that constitutes a prohibited subject of bargaining within the meaning of applicable state law.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication 12.01 The Employer and the Union recognize the desirability of prompt settlement of complaints and disputes which may arise out of administration of this Agreement or written Board policies affecting working conditions of Agreement. The parties also recognize that many complaints can be effectively settled through informal discussion and mutual understanding. For these reasons, both parties agree that when an employee has a complaint, the member. Should a member/Association feel that there has been a violation, he/she employee will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall be encouraged to discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance matter with the Supervisor, without prejudice to the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievanceemployee or Employer, as required herein, shall contain:
a. it shall be signed by soon as possible after the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts circumstances giving rise to the complaint occurs so that a dispute requiring reference to the grievance procedure may be avoided wherever possible.
12.02 Where an employee feels aggrieved by the interpretation or application in respect of a provision of a statute, or a regulation, by-law, direction, or other instrument made or issued by the Employer, dealing with terms and conditions of employment or, an alleged violation;
d. it shall cite violation of any of the section or subsections provisions of this contract Agreement by the Employer, or, as a result of any occurrence or written Board policy alleged to have been violated;
e. it shall contain the date matter affecting terms and conditions of employment in respect of which no administrative procedure for redress is provided in or under an Act of the Legislative Assembly of New Brunswick, and, where the employee has written consent of the Union respecting any grievance relating to the interpretation or application of this Agreement, the following procedure shall apply: STEP ONE: Within twenty (20) days after the alleged violation;
f. it shall specify grievance has arisen or the relief requested;
g. it shall indicate approval employee became aware of the grievance, the employee may present a grievance in writing either by personal service or disapproval by mailing by registered mail, on the form authorized by the Association.
Step 2: The Superintendent Labour and Employment Board to the person designated by the Employer as the first level in the grievance procedure. If the employee receives no reply or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative does not receive satisfactory settlement within ten (10) work working days after receipt of from the date on which the grievance was presented to discuss the grievanceimmediate supervisor or to the person designated as the first level in the grievance procedure, the employee may proceed to Step Two. STEP TWO: Within ten (10) work working days from the expiration of the discussionten (10) day period referred to in Step One, the Superintendent or his/her designated agent shall render his/her decision employee may present a grievance in writing, transmitting a copy writing at the second level of the same grievance process either by personal service or by mailing by registered mail, to the grievant, person designated by the Association representative, and appropriate Supervisor, and place a copy of same Employer as the second level in a permanent file in his/her officethe grievance procedure. If the decision employee does not receive a reply or satisfactory settlement of the Superintendent is unsatisfactory to grievance from the Association, person designated by the Association may appeal same to Employer as the Board of Education by filing a written grievance, along with second level in the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, grievance procedure within ten (10) work working days of receipt of from the Superintendent's decisiondate on which the grievance was presented at the second level, the employee may proceed to Step Three.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance is defined as any dispute involving the interpretation, application or alleged violation of a provision of this Agreement. Grievances or disputes which may arise shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take settled in the following stepsmanner:
Step 1: The member/AssociationWithin three (3) working days after its occurrence, with or without a designated representative, the aggrieved party shall discuss the grievance complaint with the Supervisor informally within five Division Superintendent or the Superintendent's designee. Within three (53) work additional working days of the alleged violation and, if not resolved, shall file a written grievance with division head will reply to the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2complaint. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to employee may have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Associationhis Union representative present.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of If the grievance to discuss the grievance. Within ten (10) work days of the discussionis not settled satisfactorily at Step 1, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meetinggrievance shall, within ten (10) work additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing.
Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held
Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the Superintendent's decisionnotification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. SECTION 1. A grievance is defined as a claim by a member(s) of the bargaining unit or Chapter #331 of OAPSE that this agreement has been misinterpreted or misapplied. All grievances which reach the written stage shall identify with particularity the article or articles of the agreement which the grievant claims has been misinterpreted or misapplied. All grievances shall be begun to be processed according to this agreement within fifteen (15) working days of the time the grievance arises or within fifteen (15) working days of the time the grievant had knowledge of the grievance or within fifteen (15) working days of the time the grievant or Chapter #331 of OAPSE should have, in the exercise of due care, known of the grievance, whichever comes later. For purposes of this article, a working day shall be defined as an alleged violation, misinterpretation, or misapplication a day on which the Board of this Agreement or written Board policies affecting working conditions of the memberEducation offices are open for conducting school business.
SECTION 2. Should a member/Association feel that there has been a violation, he/she will take Each grievance shall be processed in the following stepsway:
Step 1: The member/Association, with or without . Any grievant who has a designated representative, grievance shall discuss the grievance it first with the Supervisor appropriate Principal (or immediate supervisor or department head if applicable) in an attempt to resolve the matter informally at that level.
Step 2. If, as a result of the discussion, the matter is not resolved to the satisfaction of the employee within five (5) work working days, the grievant shall set forth the complaint in writing to the Principal(or immediate supervisor or department head if applicable). The Principal (or immediate supervisor or department head if applicable) shall communicate her/his decision on the complaint to the grievant in writing within three (3) days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days receipt of the alleged violation written complaint. If the immediate supervisor or department head is also the Superintendent of Schools, then the grievant may skip Step 3 and discuss the written grievance with the Supervisor proceed directly from Step 2 to Step 4.
Step 3. The grievant may appeal within five (5) work days after working days, in writing to the Superintendent of Schools, the Principal's (or immediate supervisor's or department head's, if applicable) decision. The Superintendent shall request a report on the grievance is filedfrom the Principal (or immediate supervisor or department head if applicable), shall confer separately with both the grievant and the Principal (or immediate supervisor or department head if applicable). If no satisfactory conclusion is reached The Superintendent, or her/his designee, shall attempt to resolve the matter as quickly as possible but within a period not to exceed five (5) working days. The Superintendent, or the designee, shall communicate her/his decision in writing along with supporting reasons, to the grievant and the Principal (or immediate supervisor or department head if applicable) within five (5) work days following the discussion of receipt of the written appeal.
Step 4. If the grievance with is not resolved to the Supervisorgrievant's satisfaction, the member/Association grievant may request a review by the Board of Education. The request shall submit be submitted in writing through the written grievance Superintendent within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work school days of receipt of the Superintendent's decision.decision at Step 3, who shall attach all related papers and forward the request to the Board of Education. The Board, or a committee thereof, shall, within thirty
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A Section 1. The grievance procedure is a formal mechanism intended to assure that employee grievances arising from misunderstandings that may develop in the administration of this agreement are promptly heard, answered, and appropriate action taken to correct a particular situation.
Section 2. The term grievance shall be defined as mean an alleged violationallegation by a bargaining unit employee or the Union that there has been a breach, misinterpretation, or misapplication of the express terms of this Agreement agreement. Unsafe or written Board policies affecting unhealthy working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance not acted upon in accordance with the Supervisor informally within five (5) work days provisions of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor Article 5 may be processed at Step 3 within fifteen (15) work days of the alleged violation and discuss written report to the written Chief.
Section 3. A grievance, under this procedure, may be brought by any employee. Where a group of employees desire to file a grievance with involving a situation affecting each member in the Supervisor within five (5) work days after same manner, one member selected by such group may process the grievance.
Section 4. A grievance is filed. If no satisfactory conclusion barred unless it is reached presented at Step 2 within five thirty (530) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work calendar days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts actual event giving rise to the alleged violation;grievance.
d. it Section 5. All grievances must be processed at the proper step in the progression in order to be considered at the subsequent step.
Section 6. The Labor Council agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits, or other forms of liability that may arise out of any determination that the Labor Council failed to fairly represent an employee during the exercise of his rights as provided by the Grievance and Arbitration Procedure contained herein.
Section 7. A grievance shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it be submitted in writing and shall contain the date following information:
A. aggrieved employee's name;
B. aggrieved employee's classification;
C. name of the alleged violationemployee's immediate supervisor;
f. it shall specify D. date and time of the relief requestedincident giving rise to the grievance;
g. it shall indicate approval or disapproval by E. date and time the Associationgrievance was first discussed;
F. a statement as to the specific articles and sections of the agreement violated; G. a brief statement of the facts involved in the grievance; and H. the remedy requested to resolve the grievance.
Section 8. The time limitations provided for in this article may be extended by mutual written agreement between the Employer and Labor Council. Working days, as used in this article, shall not include Saturdays, Sundays, or holidays.
Section 9. The following procedure shall be utilized for handling an employee's grievance:
A. Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.1 - Informal
Appears in 3 contracts
Samples: Lieutenants and Sergeants Contract, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. 12.01 The parties to this Agreement believe that it is important to address complaints and grievances as quickly as possible. Notwithstanding any provision contained in this Article, any nurse and/or Association may present a complaint at any time without recourse to the formal written procedure described herein.
12.02 A grievance shall be defined as an a complaint regarding the interpretation or alleged violation, misinterpretation, or misapplication violation of this Agreement or written Board policies affecting working conditions Agreement, or, in the case of the member. Should a member/Association feel nurse who has acquired seniority under this Agreement, a complaint that there has been a violation, he/she will take the following stepshas been discharged or disciplined without just cause.
12.03 No grievance shall be considered:
Step 1: (a) which usurps the function of the Employer as set out in this Agreement, or
(b) where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the filing of the grievance; in the case of a grievance involving computation of pay, the grievance may be filed within ten (10) days after receipt of pay.
12.04 The memberfollowing grievance process shall apply. It is agreed that the time limits may be extended by mutual agreement of the parties. Prior to the submission of a grievance, the nurse affected shall discuss his/Association, her complaint with or without a designated representative, his/her manager in order to provide the manager with an opportunity to rectify the problem. The nurse shall discuss the grievance complaint with the Supervisor informally his/her manager within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work working days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following circumstances giving rise to it have occurred or ought reasonably to have come to the discussion attention of the written grievance with the Supervisornurse. Failing settlement within ten (10) working days, the member/Association shall submit the written complaint may then be taken up as a grievance within five (5) work working days following the manager’s decision. The grievance shall be processed in the following manner and sequence: Step #1 The nurse may submit a written copy of the grievance to the Director of his/her division or designate within five (5) working days of receipt of the decision of the Program Manager or designate or within five (5) days of the discussion with time that the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2decision should have been received. The written grievance, as required herein, Director shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis meet with one or more of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date members of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant Grievance Committee and/or the designated Association representative nurse within ten (10) work working days after receipt of the submission of the written grievance. The Director shall give a decision in writing within ten (10) days following the day on which the grievance to discuss the grievancewas presented. Within ten (10) work working days of following the discussiondecision under Step No. 1, the Superintendent Union may present the grievance to the Chief Administrative Officer (or his/her designated agent shall render his/her designate). The Chief Administrative Officer (or designate) will meet with the grievance committee and/or nurse and will deliver a decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, writing within ten (10) work working days from the date on which the written grievance was presented. At this stage the employee and/or the Grievance Committee may be accompanied by a representative of the Union The decision of Chief Administrative Officer (or designate) will be rendered in writing within ten (10) working days following such meeting. Should no settlement be reached within ten (10) working days of receipt the Step 2 decision, then the next step in the Grievance Procedure may be taken.
12.05 If a final settlement of the Superintendent's decisiongrievance is not completed within ten (10) working days after the grievance has been submitted in writing at Step No. 2 of the Grievance Procedure, and if the grievance is one concerning the interpretation or alleged violation of this Agreement, or is a claim by a nurse that he/she has been discharged or disciplined without just cause, the grievance may be referred by either party to a Board of Arbitration or Sole Arbitrator as provided in Article 14 at any time within ten (10) days thereafter, but not later. Note: i) Any of the time allowances provided above may be extended by mutual agreement between the parties.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violationa complaint by a member, misinterpretationmembers, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violationviolation of any provision of this Agreement. The following matters shall not be the basis of any grievance filed under the procedure outlined in this article;
1. The termination of services of, he/she will take the following steps:or failure to reemploy, any probationary member.
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, content of an employee evaluation.
B. The Association shall designate its own representative(s) within each classification to process grievances. The Board designates the building principal or classification supervisor to act as required herein, its representative at Level One as hereinafter described and the superintendent or his/her designee to act at Level Two as hereinafter described.
C. Written grievances under this article shall containconform to the following specifications:
a. it 1. It shall be signed by the grievant(s)/Associationgrievant(s) and the Association.
b. it 2. It shall be specific;.
c. it 3. It shall contain a synopsis of the facts giving rise to the alleged violation;grievance.
d. it 4. It shall cite the section or subsections of this contract or written Board policy specific section(s) alleged to have been violated;.
e. it 5. It shall contain the date of the alleged violation;.
f. it 6. It shall specify the relief requested;.
g. it D. Any grievance not in compliance with C. (1-6) supra, may be challenged as improper. Grievances challenged under this provision shall indicate be corrected within time limitations hereinafter set forth.
E. Time limitations hereinafter established may be extended only by written, mutual consent of the parties.
F. Level One: A member of the Association alleging violation of any provision of this Agreement shall, within ten (10) days of the alleged violation, orally discuss the grievance with the building principal/supervisor. An association representative may be present at this oral conference. If no resolution is obtained within two (2) days of the discussion, the member shall reduce the grievance to writing as described in C. (1-6) supra. The written grievance form must be submitted to the principal/supervisor within two (2) days of the oral discussion. Within five (5) days of the receipt of the grievance, the principal/supervisor shall answer the grievance expressing written disposition with a copy of the grievance returned to the aggrieved. If no decision is rendered within five (5) days of the receipt or the decision is unsatisfactory to the grievant and the Association, the grievant shall, within five (5) days, appeal same to Level Two by filing such written grievance.
G. Level Two: A copy of the written grievance shall be filed with the Superintendent or his/her designated agent as specified in Level One with the endorsement thereon of the approval or disapproval by of the Association.
Step 2: The Superintendent . Within five (5) days of receipt of the written grievance, the superintendent or his/her designated agent shall arrange a meeting with the grievant grievant(s) and/or the designated Association representative within ten (10) work days after receipt association representative, at the option of the grievance grievant, to discuss the grievance. Within ten five (105) work days of the discussion, the Superintendent superintendent or his/her designated agent designee shall render his/her decision in writing, transmitting a copy of the same to the grievant, grievant and the Association classification representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If no decision is rendered within five (5) days of the discussion or the decision of the Superintendent is unsatisfactory to the grievant and the Association, the Association may grievant shall, within five (5) days, appeal same to the Board of Education Level Three by filing a such written grievance.
H. Level Three: A copy of the written grievance shall be filed with the President of the Board. Upon receipt of the written grievance, along with the decision of President shall place the Superintendent, with the officer of the Board in charge of drawing up grievance on the agenda for the Board's meeting, within ten (10) work days of receipt next regularly scheduled meeting of the Superintendent's decisionBoard. The Board shall render its decision not later than twenty (20) days after its hearing of the grievance.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A grievance herein shall be defined as an alleged violation, misinterpretationmean a difference between the Board and the Association, or misapplication of this Agreement the Board and the member, arising from the interpretation, application, administration or written Board policies affecting working conditions alleged violation of the member. Should Agreement.
a) If a member/Association feel that there member has been a violationcomplaint, he/she the member will first take the following steps:complaint up orally with his/her superior officer and, within twenty-four (24) hours of lodging the complaint, notify at least one member of the executive of the Association. After considering the complaint, the superior officer will reply to the member within one week of the complaint first being presented.
Step b) If the reply of the superior officer is not satisfactory, the Association shall, within one (1: The member/Association) week of the superior officer’s reply, with or without a designated representativeif no reply is given within one week, shall discuss file the grievance in writing with the Supervisor informally within five Chief of Police or designate. Within one (51) work days week of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion receipt of the written grievance grievance, the Chief of Police or designate will meet with the Supervisor, the member/Association shall submit the written grievance within five (5) work days appointed representatives of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten one (101) work days week of the discussionmeeting, a written reply to the grievance will be given to the Association by the Chief of Police.
c) If the Association has a complaint other than a member complaint, it shall file with the Chief of Police the grievance in writing within two (2) weeks of the occurrence giving rise to the grievance coming to the attention of the Association. Within one (1) week of the receipt of the written grievance, the Superintendent Chief of Police or his/her designated agent shall render his/her decision in writing, transmitting a copy designate will meet with the appointed representatives of the same Association to discuss the grievance. Within one (1) week of the meeting, a written reply to the grievantgrievance will be given to the Association by the Chief of Police or designate.
d) If the reply of the Chief of Police or designate to either a member’s complaint or an Association complaint is not satisfactory, the Association representativeshall, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision within one (1) week of the Superintendent receipt of the Chief of Police’s or designate’s reply, or if no reply is unsatisfactory given within one week, submit the written grievance to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten ’s designate committee. Within thirty (1030) work days of receipt of the Superintendent's decisionwritten grievance, the Board’s designated committee will meet with the appointed representatives of the Association to discuss the grievance. Within one (1) week of the meeting, a written reply to the grievance will be given to the Association by the Board’s designated committee.
e) Any grievance which is not settled after completing the procedure set out above may be referred to arbitration in accordance with the Police Services Act.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A 11.01 It is the mutual desire of the parties hereto, that complaints of employees shall be adjusted as quickly as possible. The Foreperson or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance.
11.02 Grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Collective Agreement.
11.03 If a complaint is not settled in accordance with 11.01 above within three (3) working days, the matter shall be reduced to writing within ten (10) working days from the incident giving rise to the complaint.
11.04 After receipt of the grievance, the Employer shall give their reply in writing to the Business Manager/Secretary-Treasurer within ten (10) working days. If the matter is still not resolved then the Business Manager/Secretary-Treasurer or their Assistant shall advise the Employer within ten (10) working days.
11.05 Within ten (10) working days of receipt of notification from the Business Manager/ Secretary-Treasurer in 11.04, the grievance shall be defined as an alleged violation, misinterpretation, discussed at a meeting between the Business Manager/Secretary-Treasurer or misapplication of this Agreement or written Board policies affecting working conditions their Assistant and a Representative of the memberEmployer. Should a memberAfter this meeting, the Employer shall give their answer to the Business Manager/Association feel that there has been a violationSecretary-Treasurer in writing within ten (10) working days.
11.06 If the Employer's answer in 11.05 is unacceptable, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance shall then be discussed within a further five (5) working days at a meeting of the International Vice- President or their designated Representative and a Representative of the Employer. If the matter is not resolved within these five (5) working days, the matter shall be referred to the next step as outlined in 11.07.
11.07 Before proceeding to Arbitration, the parties shall advise an authorized representative of the Boilermaker Contractors' Association of the details. At the request of either party, the grievance may be discussed between an International Officer of the Union and an authorized representative of the Boilermaker Contractors' Association in order to obtain an interpretation of the Collective Agreement in connection with the Supervisor informally grievance. If the matter is still not resolved within five (5) work working days of the alleged violation andreferral to the Boilermaker Contractors' Association, if not resolvedthen at the request of either party, the grievance may be referred to Arbitration. Prior to advancing to arbitration, the parties shall file participate in a written grievance with resolution conference facilitated by a third party in an attempt to settle the Supervisor within fifteen (15) work days differences. The third party will be mutually agreed upon and any cost for the third party shall be shared equally between the parties.
11.08 It is understood and agreed that any of the alleged violation time limits herein may be extended by mutual agreement in writing. In this Article, Saturday, Sunday and discuss the written grievance with the Supervisor within five (5) work days after Recognized Holidays shall not be counted as working days.
11.09 In cases where an employee is discharged, the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following shall be initiated at the discussion of level outlined in 11.04 and if the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which matter is not resolved within the scope of a Supervisor's authority steps and time limits outlined in 11.04 and 11.05, then the request for Arbitration may be filed initially initiated at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed this point by the grievant(s)/Associationeither party.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as is an alleged violationunsettled complaint by an employee, misinterpretationgroup of employees, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel Union alleging that there has been a violation, he/she will take misinterpretation or misapplication of any provision of this Agreement or any existing rule, order or regulation of the following steps:Board relating to wages, hours or terms and conditions of employment.
Step 1: . The member/Association, with grievance procedure shall not apply to any matter which is prescribed by law or state regulations over which the Board is without power to act. Any dispute involving a designated representative, shall discuss prohibited subject of bargaining is excluded from the grievance with procedure and not within the Supervisor informally authority of an arbitrator
2. No dispute over the modification of this Agreement shall be made the subject of a grievance.
B. If the Liaison Board is unable to resolve the issue, a formal grievance may be filed within five (5) work school days or seven (7) of the alleged violation anddetermination that this is so, if not resolvedon the form set forth, annexed hereto, and signed by the grievant and Union representative, which form shall file a written grievance with the Supervisor within fifteen (15) work days be made available to each Building Representative. A copy of the alleged violation and discuss grievance form shall be delivered to the written principal or supervisor.
C. If a grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisorinvolves more than one school building, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority it may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed with the Superintendent or a representative designated by the grievant(s)/Associationhim/her.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section D. Within three (3) school days or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten three (103) work days calendar weeks, whichever is earlier, after receipt of the grievance grievance, the principal or supervisor shall meet with the Union Grievance Committee in an effort to discuss resolve the grievance. The principal or supervisor shall indicate his/her disposition of the grievance in writing and the supporting reasons therefore, within three (3) days of such meeting and shall furnish a copy thereof to the Union.
E. Within twenty (20) school days or thirty (30) calendar days, whichever is earlier, after the delivery of the decision, the grievance may be appealed to the Superintendent.
F. Within ten (10) work school days or fourteen (14) calendar days, whichever is earlier, after delivery of the discussiondecision, the Superintendent or his/her designated agent his designee shall render his/her decision meet with the Union Grievance Committee on the grievance and shall indicate his disposition of the grievance in writing, transmitting along with the rea- sons therefore, and shall furnish a copy of the same thereof to the grievantUnion.
G. Within ten (10) school days or fourteen (14) calendar days, the Association representativewhichever is earlier, and appropriate Supervisor, and place a copy after delivery of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Associationor his designee, the Association grievance may appeal same be appealed to the Board of Education by filing a written copy of the grievance accompanied by copies of previous decisions, with the Secretary or other designee of the Board.
H. The Board, no later than its next regular meeting, or two (2) calendar weeks, whichever is later, shall hold a hearing on the grievance. At such hearing, along the aggrieved shall have the right to be represented by Union Counsel. Participants in this hearing, including witnesses, shall be given at least three (3) days notice of the hearing.
I. Within seven (7) days after this hearing, the Board shall communicate its decision in writing, together with supporting reasons, to the principal, the Superintendent, the Union, Counsel for the Union (if any) and to the aggrieved.
J. Within ten (10) days after receipt of the decision of the SuperintendentBoard, with the officer Union may appeal the decision to binding arbitration under the auspices and rules of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionAmerican Arbitration Association.
Appears in 3 contracts
Samples: Support Staff Contract, Support Staff Contract, Support Staff Contract
GRIEVANCE PROCEDURE. A. The following procedure shall be utilized in the processing of employee grievances: Step One A grievance must be in writing. A grievance shall be defined as an alleged violation, misinterpretation, signed by the Grievant or misapplication his/her authorized designee. In the case of this Agreement or written Board policies affecting working conditions a grievance on behalf of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with shall be signed by the Association’s authorized representative. Grievances shall be submitted to the Supervisor informally within five (5) work days who is most directly involved in the matter that is the subject of the alleged violation andgrievance, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days workdays of the date the Grievant or the Association knew or reasonably should have known of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisorevent, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievanceact, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts or occurrence giving rise to the alleged violation;grievance. Copies of the grievance shall be concurrently served upon the Assistant Superintendent for Human Resources and Legal Services and the Association. Within ten (10) workdays of receipt of the grievance, the supervisor shall meet with the Grievant and, if requested, the designated representative of the Association and/or the Association’s Executive Director, in an effort to resolve the grievance. Other representatives of the Employer may also attend such meeting if desired by the Employer. The supervisor shall provide the Grievant and the Association Representative with a written answer to the Grievant within ten (10) workdays of the Step One meeting. All written grievances must contain the following items:
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been a. The provision allegedly violated;
e. it shall contain the b. The date of the alleged violation;
f. it shall specify c. A description of the incident or occurrence giving rise to the grievance;
d. A statement of how the employee was injured by the Employer’s action and the relief requestedsought;
g. it shall indicate approval e. A list of those witnesses believed to have personal first hand knowledge of the incident or disapproval by occurrence giving rise to the Association.grievance. The list of witnesses may be supplemented at any time as additional witnesses become known to the grievant or the Union;
Step 2: f. The Superintendent signature of the grievant(s). If the Grievant or his/her designated agent shall arrange a meeting the Association is not satisfied with the grievant and/or decision of the supervisor at Step One, the Grievant or Association may appeal the grievance to Step Two by filing a written notice of appeal with the Assistant Superintendent for Human Resources and Legal Services (or other designated Association representative within of the Employer) no later than ten (10) work days after receipt of workdays following the grievance to discuss date the grievanceAssociation Representative received, or should have received, the Supervisor’s answer at Step One. Within ten (10) work days workdays of receipt of the discussiongrievance at Step Two, by either appeal or automatic advancement, the Assistant Superintendent for Human Resources and Legal Services (or his/her other designated agent shall render his/her decision in writing, transmitting a copy representative of the same Employer) shall meet with the Grievant and, if requested by the Grievant, the designated representative of the Association and/or the Association’s Executive Director in an effort to resolve the grievance. Other representatives of the Employer may also attend such meeting if desired by the Employer. The Assistant Superintendent for Human Resources and Legal Services (or other designated representative of the Employer) shall provide the Grievant and the Association Representative with a written answer to the grievant, grievance within ten (10) workdays of the Step Two meeting. If the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If is not satisfied with the decision of the Assistant Superintendent is unsatisfactory for Human Resources and Legal Services* Step Two, or if no answer has been provided to the AssociationGrievant and the Association at Step Two within the time permitted for doing so, the Association may appeal same the grievance to Step Three Arbitration. Grievances shall be arbitrated separately unless otherwise agreed in writing between the Board of Education by filing Employer and the Association. • File a written grievance, along Demand for Arbitration with the decision Assistant Superintendent for Human Resources and Legal Services* no later than ten (10) workdays following the date the Association Representative received, or should have received, an answer at Step Two. • The Association’s Executive Director and the Assistant Superintendent for Human Resources and Legal Services* shall attempt to agree on the selection of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, an Arbitrator. • If agreement cannot be reached within ten (10) work workdays of the Demand for Arbitration the Association shall have up to thirty (30) calendar days following the date the Association Representative received, or should have received, the answer at Step Two, as above provided, to file a Demand for Arbitration with the American Arbitration Association (AAA). • The Voluntary Labor Arbitration Rules of the AAA shall govern the arbitration hearing; in effect at the time the Association’s Demand for Arbitration is filed. • All hearings shall be held at a mutually agreeable site. • The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall he/she substitute his/her discretion for that of the Employer or the Association where such discretion has been retained by the Employer or the Association. • The fees and approved expenses of the Arbitration shall be borne equally by the Association and the Employer. If the hearing is held at the Employer’s or the Association’s facilities there shall be no charge. All other expenses shall be borne by the party incurring them. • The Arbitrator shall mail the decision directly to the parties within thirty (30) calendar days of receipt the close of the Superintendent's decisionarbitration hearing, or such later date as approved by the parties. • The Arbitrator’s decision established by this Agreement shall be final and binding upon the Employer, the Association and the employee or employees involved.
Appears in 3 contracts
Samples: Master Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall must be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of presented in writing by the member. Should Xxxxxxx within twenty (20) calendar days after its occurrence in order for it to be a member/Association feel that there has been a violation, he/she will take proper matter for the following steps:grievance procedure.
Step 1: I The member/Associationemployee shall first specify his grievance orally to their Supervisor. Thereafter, the employee may discuss the grievance with their Supervisor and or without a designated representative, shall the Xxxxxxx may be requested by the employee to discuss the grievance with the Supervisor.
Step II If not resolved in this manner, it shall be submitted in written form, signed by the employee and presented to the Supervisor. The Supervisor informally shall answer said grievance within three (3) working days of receipt of same.
Step III If not resolved in this manner, it shall be submitted in written form, signed by the employee and presented to the Drain Maintenance Superintendent within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work working days after the grievance Supervisor's answer is fileddue. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association The Drain Maintenance Superintendent shall submit the written answer said grievance within five (5) work working days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope receipt of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Associationsame.
Step 2: The Superintendent IV If the grievance is not satisfactorily resolved above, it may be appealed to the Drain Commissioner or his/her designated agent shall arrange designee within five (5) working days from the date the Drain Maintenance Superintendent’s answer is due. Thereafter, the Drain Commissioner or his/her designee will schedule a meeting with the grievant and/or the designated Association representative Union Representatives to be held within ten five (105) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work working days of receipt of the Superintendentgrievance. The Drain Commissioner or his designee will render his decision in writing within five (5) working days after the above meeting.
Step V If the grievance is not resolved satisfactorily in Step I, II, III, or IV above, written notification will be given by the Union to the Genesee County Human Resources Director within five (5) working days after the Drain Commissioner's decision.answer is received. The Human Resources Director will then schedule a meeting or meetings at a mutually agreeable time to be attended by two (2) representatives of the Union and the necessary representatives of the Employer within the ten
Appears in 3 contracts
Samples: Labor Agreement, Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication Disputes between employees and management arising during the term of this Agreement or written Board policies affecting working conditions shall be referred to a Business Representative of the memberUnion and to the Port within the timelines established. Should a member/Association feel that there has been a violationA grievance not brought within the time limit prescribed in this Article, he/she will take shall not be considered timely and shall be void. The time limits may be waived at each step by mutual agreement, in writing, by the following steps:Union and the appropriate management representative.
Step 1: 1 - The member/Association, with or without a designated representative, Union’s business representative shall discuss present the grievance with in writing to the Supervisor informally Employer Representative. The written grievance shall contain a statement of the relevant facts, the specific section(s) of the Agreement allegedly violated and the remedy sought. Any complaint, dispute or grievance not filed in writing by the complaining party within five twenty (520) work calendar days from the date either party knew or reasonably should have known of the alleged violation and, if not resolved, shall file a written grievance with be waived. The Union Business Representative and the Supervisor within fifteen (15) work days of Employer Representative shall meet to resolve the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work working days from date of filing. In the event settlement is not reached, the grievance shall proceed to Step Two (2).
Step 2 - If a settlement is not reached in the manner above described, the dispute shall be referred to a Joint Conference Committee that shall be set up under this Agreement and shall consist of two (2) representatives of management and two (2) representatives of the Union. This committee shall select its own chairman and secretary from within the committee, one from the Union and the other from Management and shall meet at such times and places as it may decide. It must meet within five (5) working days after a dispute is referred to it for resolution. However by mutual consent, the parties may extend the meeting deadline. Step 3 - In the event the grievance is not resolved in Step Two (2), Representatives of the Labor-Management Committee, one from each side, shall meet within five (5) working days of the discussion with completion of Step Two (2) and select an arbitrator by alternately striking from a list of five (5) names supplied by the Supervisor Federal Mediation and Conciliation Service (FMCS). The arbitrator shall not have the right to Step 2. A grievance which is not add to or subtract from any terms of this Agreement and all decisions must be within the scope and terms of a Supervisor's authority may be filed initially at step 2this Collective Bargaining Agreement. The written grievance, as required herein, Labor-Management Representatives shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting meet with the grievant and/or arbitrator and present their cases. They shall have the designated Association representative within ten (10) work days after receipt of right to override the grievance to discuss arbitrator during this meeting. In the grievance. Within ten (10) work days of the discussioneven they cannot reach a decision, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionarbitrator shall be final and binding.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance (a) The Employer shall recognize Shop Stewards or Union executive appointed or otherwise selected by the Union bargaining unit, whose duties shall be defined as an alleged violationto investigate and to attempt to settle disputes and process any grievance in accordance with the grievance procedure. The number of Shop Stewards shall be seven (7).
(b) The Union shall notify the Employer, misinterpretationin writing, of the name of each Shop Xxxxxxx before the Employer shall be required to recognize any Shop Xxxxxxx.
(c) In order that the work of the Employer shall not be unreasonably interrupted, the Shop Xxxxxxx shall not leave work without obtaining permission of their supervisor, which permission shall not be unreasonably withheld.
(d) Should a dispute arise between the Employer and any employee(s) or the Union regarding the interpretation, meaning, operation, or misapplication application of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violationviolated, he/she will take or should any other dispute arise, an xxxxxxx effort shall be made to settle the dispute in the following stepsmanner:
Step 1: The member/Associationaggrieved employee(s), together with or without a designated representativethe Shop Xxxxxxx, shall discuss attempt to settle the grievance with the Supervisor informally employee’s supervisor with all dispatch but at all times within sixty (60) days of the date of the incident causing the employee’s concern or the date the employee first became reasonably aware. The supervisor shall attempt to resolve the dispute within five (5) work working days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days being advised of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with Failing satisfactory settlement of the grievant and/or grievance after the designated Association representative completion of Step 1, the Union will submit to the Secretary-Treasurer within ten (10) work working days, a written statement of the particulars of the complaint and the redress sought. In an attempt to resolve the dispute a meeting shall be held with the Secretary-Treasurer or designate and the Union within seven (7) working days after of receipt of the grievance to discuss the written grievance. Within ten (10) work days of the discussionIn any event, the Superintendent Secretary-Treasurer or his/her designated agent designate shall render his/her the Employer’s written decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work working days after the meeting.
Step 3: Failing satisfactory settlement of the grievance after the completion of Step 2, the Union will notify the Employer in writing of their intention to further the grievance within ten (10) working days. A meeting of the Employer Committee and the Union shall be held within seven (7) working days after receipt of such notice. The Secretary-Treasurer or their designate shall render the Superintendent's decision.Employer’s written decision within ten
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance 11.01 Should a dispute arise between the Board and any Employee(s) regarding the interpretation, meaning, operation, or application of this Agreement, an xxxxxxx effort shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of made to settle the member. Should a member/Association feel that there has been a violation, he/she will take dispute in the following steps:
Step 1manner: The member/Association, Employees and their immediate Supervisor with or without a designated representativeshop xxxxxxx shall make an xxxxxxx effort to resolve any difference prior to commencement of the formal grievance process. The employee shall submit their concerns in writing and any discussions shall be without prejudice to the formal grievance process.
Step 1 All grievances shall be submitted, in writing, within twenty-one (21) working days of the incident, citing the Article(s) violated and the solution sought. In the event of a grievance originating while an Employee is on an approved leave of absence from work, such grievance shall discuss be lodged within twenty-one (21) working days of the grievance said Employee returning to work.
Step 2 Failing satisfactory settlement in Step 1, the Employee(s) concerned, together with the Supervisor informally Xxxxxxx, will submit within five (5) work days working days, a written statement of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days particulars of the alleged violation complaint and discuss the written grievance with redress sought to the Supervisor Superintendent and/or Designate and he shall render his decision within five (5) work working days after receipt of the grievance is filed. If no grievance.
Step 3 Failing satisfactory conclusion is settlement being reached in Step 2, the Employee(s) concerned, together with the Grievance Committee, shall submit the matter to the Board of Trustees within five (5) work working days after receipt of the Superintendent and/or designates decision. Upon written request by the Union, a hearing shall be granted. The Board of Trustees shall render its decision within ten (10) working days following the discussion of the written grievance with the Supervisorhearing.
Step 4 Failing satisfactory settlement being reached in Step 3, the member/Association shall submit Union may refer the written grievance dispute to Arbitration by giving notice in writing to the Board within five (5) work days of the discussion with the Supervisor next regularly scheduled Union meeting or within 15 days, whichever comes first.
11.02 Replies to Step 2. A grievance which is not grievances shall be in writing at all stages.
11.03 Grievances settled satisfactorily within the scope time allowed shall date from the time of a Supervisor's authority the incident.
11.04 The Board will supply the necessary accommodation for the Grievance Committee.
11.05 The time limits fixed in the Grievance Procedure may be filed initially at step 2. The written grievanceextended by the consent of both Parties.
11.06 For the purpose of this Article and Article 12 - Arbitration Procedure, as required herein, shall contain:
a. it working days shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work those days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to that the Board of Education by filing a written grievance, along with Office is open to serve the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionpublic.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. 11.01 The Union shall have carriage of all Bargaining Unit initiated grievances. The University shall deal only with the Bargaining Unit with respect to a grievance. A representative of the Bargaining Unit and/or Union may be present at all stages of the formal complaint, grievance and arbitration procedures.
11.02 It is the mutual desire of the Parties hereto that complaints of Members shall be defined adjusted as quickly as possible and it is understood that a Member or the Union on their behalf, has no grievance until the Member’s immediate supervisor has been given an alleged violationopportunity to adjust the complaint. If a Member has a complaint, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions they shall discuss it with their immediate supervisor within ten (10) days after the Member would reasonably be expected to have become aware of the membercircumstances giving rise to the complaint. Should The Member may request to be accompanied by a member/Association feel Union Representative at this discussion. The immediate supervisor shall be allowed ten (10) days to communicate their answer to the Member. Failing settlement, it may then be taken up as a grievance. In the case of a job competition grievance, it is understood that there has been a violation, he/she the appropriate supervisor will take be the following steps:recruiting supervisor.
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five Within ten (510) work days of the supervisor’s decision, the Member or the Union may present the alleged violation and, if not resolved, shall file a grievance in writing to their supervisors’ supervisor. Each written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis designated Grievance Officer of the facts giving rise to the alleged violation;Bargaining Unit and shall include:
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain a) the date of presentation;
b) the nature of the grievance;
c) the remedy sought;
d) the paragraph or paragraphs of this Collective Agreement allegedly violated, or the alleged violation;
f. it occurrence said to have caused the grievance. The Member may be assisted in the presentation of the grievance by a Union Representative who may be an employee of the University. Failing an immediate settlement, the supervisor’s supervisor shall specify deliver the relief requested;
g. it shall indicate approval or disapproval by decision in writing to the AssociationMember and to the Union within ten (10) days following the presentation of the grievance to them.
Step 2: The Superintendent If not settled at Step 1, the Bargaining Unit or his/her designated agent shall arrange a meeting with Union may submit the grievant and/or the designated Association representative within ten (10) work days after receipt of the alleged grievance to discuss the grievance. Within ten Director, Human Resources (10) work days of the discussionStaff Relations), the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meetingdesignate, within ten (10) work days of the reply of Step 1. The Director, Human Resources (Staff Relations), or designate, shall meet with the grievor and their Union Representative within ten (10) days of the presentation of the grievance. A representative of OSSTF may also be in attendance if requested by either Party. The Director, Human Resources (Staff Relations), or designate, shall render their decision in writing to the grievor and to the Bargaining Unit President within ten (10) days of the above meeting.
Step 3: Failing settlement of the grievance at Step 2, the Union may submit the grievance to arbitration as hereinafter provided within fifteen (15) days of the receipt of the Superintendent's decisiondecision at Step 2.
11.03 The Parties may agree in writing to extend any time limits specified in either the grievance or arbitration process. Where no such agreement has been made and the time limits as described have not been followed, or where an agreed extension has expired, either Party may advance the grievance to the next step of the grievance procedure including arbitration. However, the grievance shall be deemed abandoned if the Party having filed the grievance does not advance the grievance to arbitration within fifteen (15) days from the receipt of the decision at Step 2.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A claim by a teacher or group of teachers that there has been a violation, misinterpretation or misapplication of any provisions of this agreement may be processed as a grievance as hereinafter provided. A grievant is a teacher having a grievance. Both parties agree that these proceedings shall be kept as informal and confidential as may be appropriate at any level of the procedure. The time limits specified may be extended by mutual agreement at all levels. Any grievant may be represented at all stages of the grievance procedure by a person of his/her own choosing, and notice of this representative must be given to his/her immediate supervisor. The Board is also entitled to a representative. When it is necessary at any level for a grievant and witness (one per occurrence maximum) to attend a meeting or a hearing during the school day, the Superintendent shall notify such teacher and he/she shall be released without loss of pay for such time as his/her attendance is required at such meeting or hearing. At all levels the time limits are binding except for periods of inclement weather which prohibit normal travel. Necessary forms pertaining to a grievance will be prepared jointly and distributed by the Association or the District. If the grievance report is in favor of the grievant, all documents, communications and records dealing with the grievance shall be defined as an removed from the Personnel File. Level I A teacher with a grievance will first discuss it with his/her principal or immediate supervisor within fifteen (15) working days of the alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Associationagreement, with the object of resolving the matter informally. If the teaching position is in a remote area and the immediate supervisor is not stationed at the site, the first step should be accomplished by mail, telephone, or without radio. If an informal solution has not been reached, a designated representative, shall discuss the teacher with a grievance may initiate a formal procedure by filing a written statement of grievance with the Supervisor informally immediate supervisor. This statement must be filed within five ten (510) work working days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the informal discussion with the Supervisor to Step 2supervisor. A grievance which is not within The date of this action shall be the scope of a Supervisor's authority may be filed initially at step 2filing date. The written grievance, as required herein, grievance shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain include the date of the alleged violation;
f. it , the article and item of the contract, and the signature of the grievant. The immediate supervisor shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting meet with the grievant and/or the designated Association representative and anyone selected to accompany him/her within ten (10) work working days after of the receipt of the grievance to discuss the written grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent This meeting will be set by mutual consent. The immediate supervisor shall render his/her a decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, writing within ten (10) work working days of receipt of the Superintendent's decisionmeeting dealing with the written grievance.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A To promote better City – Association relations, both parties pledge their immediate cooperation to settle any grievance or complaint that might arise out of the application of this Contract, at the lowest level possible and the following procedure shall be defined as an alleged violationthe sole procedure to be utilized for that purpose. Any settlement of a grievance under this Article, misinterpretationwhich would alter or amend the terms of this agreement or any side bar or memorandum of understanding, shall not be binding on either party unless the settlement, or misapplication memorandum of agreement or side bar agreement, is approved in writing by the president of the Association and the Director of the Bureau of Human Resources. The time limits prescribed in these provisions may be extended by a written mutual agreement between the City and Association. Days as used in this Article shall refer to work days, exclusive of Saturday, Sunday and designated holidays.
Step I. The Association or any commanding officer claiming a breach of any specific provision of this Agreement or written Board policies affecting working conditions of Contract may refer the member. Should a member/Association feel that there has been a violationmatter, he/she will take the following steps:
Step 1: The member/Associationin writing, with or without a designated the Association, to the Chief of Police. The grievant, or Association representative, shall discuss state the grievance with the Supervisor informally within five (5) work days nature of the alleged violation andgrievance, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days section of the alleged violation Contract allegedly violated and discuss the written remedy requested. This grievance with shall be presented within twenty (20) days from the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2date thereof. The written grievance, as required herein, Chief shall contain:
a. it have twenty (20) days in which to reply. The response shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise in writing and made to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by grievant and the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with II. If, after twenty (20) days from the grievant and/or date of the designated Association representative within ten (10) work days after receipt submission of the grievance to discuss the grievance. Within ten (10) work days Chief, or from the date of the discussionreply, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Associationgrievance still remains unadjusted, the Association may appeal same present the grievance to the Board of Education by filing a written grievance, along with the decision Commissioner- in-Charge. A copy of the Superintendent, with grievance shall be sent simultaneously to the officer Bureau of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days Human Resources. Within one week of receipt of the Superintendent's decisiongrievance, the Commissioner-in-Charge shall either retain jurisdiction of the grievance at this level or will refer jurisdiction of the grievance to the Bureau of Human Resources for resolution.
Step III. The Commissioner-in-Charge or the Bureau of Human Resources shall have twenty (20) days in which to reply. If the grievance has been
Appears in 3 contracts
Samples: Labor Agreement, Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violationa dispute, misinterpretationclaim, or misapplication complaint filed by either an authorized representative of, or an employee in the bargaining unit. Grievances are limited to matters of interpretation or application of this Agreement collective bargaining agreement. Individual grievances shall be handled as follows:
1. Each school shall have one building representative appointed by the Union.
2. A teacher with a problem may first discuss the matter with the principal directly or written Board policies affecting working conditions accompanied by the Union building representative with the objective of resolving the matter informally.
3. In the event the matter is not settled informally, the aggrieved employee shall present his/her grievance in writing, five copies of which shall be given to the building representative.
a. Copies shall be given to the principal of the member. Should a member/Association feel that there has been a violationschool involved, he/she will take the following steps:Superintendent, and the Union Grievance Committee.
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within b. Within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work working days after the such written grievance is filed. , the aggrieved, the building representative of the Union, and the principal of the school involved shall meet to resolve the grievance.
c. If no satisfactory conclusion is reached the grievance cannot be resolved within five (5) work days following the discussion of the written grievance with the Supervisorafter such meeting, the member/Association matter shall submit be presented by the written Union Grievance Committee to the Assistant Superintendent (Personnel).
d. If the grievance cannot be resolved within five days after such presentation to the Assistant Superintendent (5) work Personnel), the matter shall be presented to the Superintendent of Schools.
e. Within ten days of such presentation, the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, Superintendent shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or issue his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussiondecision, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy copies of which shall be delivered to the aggrieved teacher, the Union Grievance Committee, and the Executive Secretary of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her officeUnion.
4. If the decision of the Superintendent Union is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along dissatisfied with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, Union only may within ten (10) work five days of after receipt of the Superintendent's decision:
a. Submit any grievance under this Agreement to binding arbitration under the labor arbitration rules of the American Arbitration Association at the equal expense of the parties;
b. The arbitrator shall have no power to add to, subtract from, or modify the collective bargaining agreement.
c. Or, if the Union so requests, the Board or its representatives will meet further with the Union to consider fairly and in good faith any other methods of settlement which might be mutually agreed upon, including private (non governmental) mediation and binding arbitration.
5. All time periods in number of days referred to in the grievance procedure shall mean school working days. The parties agree that time limits may be extended by mutual agreement of the parties.
6. If the grievance is not resolved, or if any required action is not performed within the time limit specified, the grievance shall automatically move to the next level.
7. Any grievance filed by a member of the bargaining unit shall be filed within 30 working days of the alleged violation.
8. The Union shall have the right to file a grievance in its own name subject to the same time requirements governing individual grievances and shall be entitled to appeal from any decision at any level of the grievance procedure in its own name without the consent of the aggrieved teacher.
9. No grievance concerning wages or any other economic benefit will be considered for a period more than six months prior to the filing of the written grievance in accordance with the procedure set forth herein. No claim against an employee concerning wages or other economic benefits will be considered for a period of more than six months after notification to the Union and/or employee of the benefits gained by the employees.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an 9.01 The Employer and the Union recognize that grievances may arise concerning:
(a) differences between the Parties respecting the interpretation, application, operation or alleged violation, misinterpretation, or misapplication violation of a provision of this Agreement Agreement, including questions as to whether or written Board policies affecting working not a matter is subject to arbitration; or
(b) dismissal or discipline of an employee bound by the Agreement. The purpose of this Article is to provide the sole method for the settlement of a grievance alleging the violation of a specific provision of this Agreement. The Employer and the Union recognize that the goal of this grievance procedure is to attempt to resolve a grievance at the earliest possible opportunity with the least amount of time and resources. Such a grievance must be presented and processed in accordance with the steps, time limits and conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:set forth herein.
Step (1: ) The member/Associationemployee, with or without a designated representativeShop Xxxxxxx or Union Committee member (at the employee’s option), shall first discuss the grievance with the Supervisor informally his/her immediate supervisor or department head within five seven (57) work calendar days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days occurrence of the alleged violation and discuss grievance. In this first step, both parties shall make every effort to settle the written grievance with the Supervisor within five (5) work days after dispute. If the grievance is filed. If no satisfactory conclusion is reached not settled at this step, then:
Step (2) The grievance shall be reduced to writing within five a further seven (57) work calendar days following by:
a) recording the discussion grievance on the appropriate grievance form, setting out the nature of the written grievance with and the Supervisor, circumstances from which it arose;
b) stating the member/Association shall submit the written grievance within five (5) work days article of the discussion with Agreement infringed upon or alleged to have been violated and the Supervisor to Step 2. A remedy or correction required;
c) the grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specificemployee and a Shop Xxxxxxx or Union Committee member;
c. it d) the supervisor shall contain a synopsis acknowledge receipt of the facts giving rise to written grievance by signing and dating the alleged violation;grievance form at the time the grievance is presented; and
d. it shall cite the section or subsections e) within seven (7) calendar days of this contract or written Board policy alleged to have been violated;
e. it shall contain the date receipt of the alleged violation;
f. it written grievance, the supervisor or the department head shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or give his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of written reply. If the grievance is not settled at this step, then;
Step (3) The Union Committee and the Employer, or its delegate, shall meet within twenty-one (21) calendar days or other mutually agreed to time to discuss the grievance. Within ten At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (107) work calendar days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her officemeeting. If the decision of grievance is not settled at this step, either party may refer the Superintendent is unsatisfactory grievance to the Association, the Association may appeal same to the Board of Education by filing arbitration within a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten further twenty-one (1021) work days of receipt of the Superintendent's decisioncalendar days.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as claim by an alleged violation, misinterpretation, employee or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take misinterpretation or misapplication of any provision of the following steps:Agreement may be processed as a grievance as hereinafter provided. It is understood that the creation of any rule, order, or regulation by the Board may not be processed as a grievance unless the rule, order, or regulation is in conflict with this Master Agreement.
Step 1: The member/B. An employee, group of employees, or the Association, with or without who believes that a designated representative, grievance exists shall first discuss the grievance matter informally with the Supervisor informally individual's immediate supervisor/ building principal. If the complaint applies to more than one building or if the matter is such that the building principal/ immediate supervisor does not have the power to grant the remedy requested, the discussion shall be with the Superintendent or his/her designee. Such discussion(s) shall occur within five (5) work working days from the time of the alleged violation and, if not resolved, shall file a written grievance with event or the Supervisor within fifteen (15) work days time the grievant reasonably should have learned of the alleged violation event.
C. If the grievance is not resolved to the satisfaction of the grievant at the informal conference, the employee shall have the Association's designated representative reduce the grievance to writing and discuss submit it to the written grievance with the Supervisor individual's immediate supervisor/building principal within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work working days of the discussion with informal conference. If the Supervisor grievance involves more than one building or if the building principal/immediate supervisor does not have the authority to Step resolve it, the grievance shall be submitted to the Superintendent or his/ her designee. The grievance shall include the following information:
1. An identification of the grievant(s);
2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed Signed by the grievant(s)/Association.
b. it shall be specificgrievant and/or designated Association representative;
c. it 3. It shall contain as complete a synopsis of the facts giving rise to the alleged violationviolation as the grievant can reasonably provide;
d. it 4. It shall cite specific parts of the contract, section or subsections of this contract or written Board policy subsection alleged to have been violated;.
e. it shall contain 5. As near as can be determined the date of the alleged violation;
f. it shall specify 6. The date of the filing of the grievance;
7. The particular specific relief requested;.
g. it D. Within five (5) days of receipt of the grievance, the administrator with whom the grievance is filed or his/her designee shall meet with the Association in an effort to resolve the grievance. The administrator shall indicate approval or disapproval by said disposition of the grievance in writing within three (3) days of such meeting, and shall furnish a copy thereof to the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting E. If the Association is not satisfied with the grievant and/or the designated Association representative within ten (10) work days after receipt disposition of the grievance (if initially filed with a principal or designee) or if no disposition has been made within three (3) school days of such meeting (or six [6] days from the date of filing, whichever shall be later), the grievance shall be transmitted to discuss the grievanceSuperintendent. Within ten five (105) work days of the discussion, the Superintendent or his/her designated agent designee shall render meet with the Association on the grievance and shall indicate his/her decision disposition of the grievance in writingwriting within three (3) days of such meeting, transmitting and shall furnish a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory thereof to the Association.
F. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within the period above provided, the Association may appeal same submit the grievance to arbitration before an impartial arbitrator selected by the parties in accordance with the rules of the Federal Mediation and Conciliation Service, which rules shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of the Agreement. The discipline/discharge of a probationary employee shall not be subject to the above grievance procedure.
G. The fees and expenses of the arbitrator and of the Federal Mediation and Conciliation Service shall be divided equally between the Board of Education and the Association.
H. If any employee for whom a grievance is sustained shall be found to have been unjustly discharged, the employee shall be reinstated with full reimbursement of all compensation lost. If said employee shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him/her. The foregoing is not intended to nor will it operate as a limitation upon an arbitrator's inherent authority to fashion an appropriate remedy, unless otherwise specified by filing a written grievance, along with this agreement or the decision agreement of the Superintendent, with the officer parties.
I. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the Board parties.
J. A day is defined as a day when school is in charge of drawing up session and the agenda employees involved in the grievance procedure are scheduled to report for work, except that during a summer recess, a day is a regular business day excluding holidays and weekends.
K. If an individual employee has a personal complaint which he/she desires to discuss with a supervisor, the Board's meeting, within ten (10) work days of receipt of employee is free to do so without recourse to the Superintendent's decisionGrievance Procedure.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A It is the intention of the parties that, prior to initiating a grievance, efforts will be made by the aggrieved employee(s) and/or Union Representative to engage in a meaningful dialogue concerning the particular issue. The grievance procedure should not be a substitute for attempts to informally resolve issues or concerns. Grievances shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take resolved in the following stepsmanner:
Step STEP 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five Within ten (510) work working days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts incident giving rise to the alleged violation;
d. it grievance or from when the aggrieved employee should have reasonably known of the incident, the employee and the Union representative shall cite meet with and simultaneously submit a written grievance/complaint to the section employee’s supervisor, specifying the contract provision or subsections of this contract or written Board policy alleged provisions claimed to have been violated;
e. it violated and the remedy requested. If the grievance is resolved at this meeting, the resolution shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval be reduced to writing and signed by the Association.
Step 2: parties. The Superintendent or his/her designated agent shall arrange supervisor may request a clarification meeting with the grievant aggrieved employee and the Union Representative. The supervisor shall give a written answer to the grievant/complainant and/or the designated Association Union representative within ten (10) work working days of the grievance meeting.
STEP 2: If the grievance/complaint is not resolved in STEP 1, it may be appealed by the grievant/complainant and/or Union representative to the grievant’s department head or designated representative in writing, within ten (10) working days after receipt of the grievance to discuss the grievanceanswer in STEP 1. Within ten (10) work working days of after such appeal, a meeting shall be arranged between the discussiongrievant/complainant and/or the Union representative and the department head or designee to discuss the matter and its possible resolution. If the matter is not resolved in such a meeting, the Superintendent department head or his/her designated agent designee shall render his/her decision in writing, transmitting provide a copy of the same written answer to the grievant, /complainant stating the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in hisreasons for her/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, his position within ten (10) work working days of the meeting.
STEP 3: If the grievance is not resolved in STEP 2 it may be appealed by the grievant and/or Union representative to the Director of Human Resources or her/his designee within five (5) working days after receipt of the Superintendent's decisionanswer in STEP 2. Within five (5) working days after such appeal, a meeting between the Union and the Director of Human Resources or her/his designee shall be scheduled and will be held no later than fifteen (15) working days from the time of the appeal to the third step. Following such meeting, the designated Hospital representative shall provide a written answer stating the reasons for her/his position to the grievant and the Union within five (5) working days.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A a) Informal Step: As an informal step, the employee is to meet and make an xxxxxxx effort to resolve the grievance directly with their immediate supervisor.
b) Step One: At this step, notice in writing of the grievance must be filed with the department manager, within fourteen (14) days after the occurrence of the alleged grievance or of the date on which the employee first has knowledge of it. The notice in writing shall briefly but clearly describe the nature of the incident or occurrence which gave rise to the grievance, and it shall clearly state the provision of the Agreement which has been violated. Any meeting between the Parties at this step must involve the employee, her Shop Xxxxxxx and the department manager or another person designated by the Employer. The Employer's representative must answer the grievance in writing within seven (7) days.
c) Step Two: In the event that a resolution of the grievance, satisfactory to the Union and the Employer, does not result at Step One, an attempt to resolve the grievance shall be defined as an alleged violationmade between the employee, misinterpretation, the Chief Xxxxxxx and/or a Union representative and a person or misapplication of this Agreement or written Board policies affecting working conditions persons designated by the Employer. This step must be taken by notice in writing within seven (7) days of the memberdate on which the written answer was delivered in Step One. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, Parties shall meet to discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the date the written notice was submitted pursuant to this step. The Employer's representative must answer the grievance in writing within seven (7) days of the meeting.
d) In the event that a resolution of the grievance, satisfactory to the Union and Employer, does not result at Step Two, either the Union or the Employer may advance the grievance to discuss the grievancea Single Arbitrator as outlined below. Within ten This step must be taken by notice in writing within seven (107) work days of the discussiondate of completion of Step Two.
e) Prior to proceeding as outlined in (d) above, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy either party may choose to utilize Section 87 of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy Labour Relations Code of same in a permanent file in his/her office. If the decision B.C. Notification of the Superintendent is unsatisfactory to use of Section 87 must be received within the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board time limits set out in charge of drawing up the agenda for the Board's meeting, within ten paragraph (10) work days of receipt of the Superintendent's decisiond).
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. Section 1 A grievance shall be defined as an alleged violation, misinterpretationclaim by a Bargaining Unit Member, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel BEAP, that there has been a violation, misinterpretation or misapplication of any provision of this Agreement, may be processed as a grievance as hereinafter provided.
Section 2 In the event that a Bargaining Unit Member believes there is a grievance, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall first discuss the alleged grievance with the Supervisor informally within five (5) work days of the alleged violation andhis/her immediate supervisor, if not resolved, either personally or accompanied by a BEAP representative. The grievance shall file a written grievance with the Supervisor be filed within fifteen (15) work working days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion violation, misinterpretation, or misapplication.
Section 3 If, as a result of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the informal discussion with the Supervisor to Step 2immediate supervisor, a grievance still exists, the Bargaining Unit Member may invoke the formal grievance procedure through the BEAP. A copy of the grievance which is not within shall be delivered to the scope of a Supervisor's authority immediate supervisor. If the grievance involves more than one work location, it may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by with the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten designee.
Section 4 Within five (105) work working days after of receipt of the grievance grievance, the immediate supervisor shall meet with the BEAP in an effort to discuss resolve the grievance. The immediate supervisor shall indicate, in writing, his/her disposition of the grievance within seven (7) working days of such meeting, and shall furnish a copy thereof to the BEAP.
Section 5 If the BEAP is not satisfied with the disposition of the grievance, or if no disposition has been made within seven (7) working days of such meeting, or twelve (12) working days from date of filing, the grievance shall be transmitted to the Superintendent, or his/her designee. Within ten (10) work days of the discussionworking days, the Superintendent Superintendent, or his/her designated agent designee, shall meet with the BEAP on the grievance and shall indicate, in writing, his/her disposition within ten (10) working days of such meeting, and shall furnish a copy thereof to the BEAP.
Section 6 If the BEAP is not satisfied with the disposition of the grievance, or if no disposition has been made within ten (10) working days of such meeting, or twenty-two (22) working days from date of filing, the grievance shall be transmitted to the Board of Education. Within ten (10) working days, the Board of Education shall hold a hearing on the grievance and shall indicate, in writing, its disposition within ten (10) working days of such hearing, and shall furnish a copy thereof to the BEAP.
Section 7 If the BEAP is not satisfied with the disposition of the grievance by the Board of Education, or if no disposition has been made within the period provided above, the grievance may be submitted to arbitration. If the parties cannot agree as to the arbitrator, within five (5) working days from the notification that arbitration will be pursued, he/she shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration proceeding. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that Judgment thereon may be entered in any court of competent jurisdiction.
Section 8 The arbitrator's fees and expenses shall be shared equally by the Board and the Association. The expenses and compensation of any witness or participant in the arbitration shall be paid by the party calling such witness or requesting such participant. The arbitrator shall render his/her opinion only with respect to the particular grievance submitted to him/her and such opinion shall be binding upon the Board and the Association. It shall be the function of the arbitrator, and he/she shall be empowered, except as his powers are limited below, after due investigation, to make a decision in writingcases of alleged violations of this Agreement.
A. He/She shall have no power to change the legal substance of this Agreement.
B. He/She shall have no power to establish salary scales.
C. The Board shall indemnify and save harmless the Association from any and all claims, transmitting demands, suits and other forms of liability by reason of any action resulting from this Article.
Section 9 If any Bargaining Unit Member for whom a copy grievance is sustained shall be found to have been unjustly discharged, he/she shall be reinstated with full reimbursement of all compensation lost. If any Bargaining Unit Member shall have been found to have been improperly deprived of any compensation or advantage, the same or its equivalent in money shall be paid to the grievant, the Association representative, him/her and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision record cleared of any reference to this action.
Section 10 The time limits provided in this Article shall be strictly observed, but may be extended by written agreement of the Superintendent is unsatisfactory parties.
Section 11 Notwithstanding the expiration of this Agreement, any claim, or grievance arising there under, and in process, may be processed through the grievance procedure until resolution.
Section 12 For the purpose of assisting a Bargaining Unit Member, or the BEAP, in the prosecution or defense of any contractual, administrative, or legal proceeding, including, but not limited to grievances, the Board shall permit a Bargaining Unit Member and/or BEAP representative access to, and the right to inspect and acquire copies of his/her personnel file and any other files or records of the Board which pertain to the AssociationBargaining Unit Member or any issue in the proceeding in question. Confidential letters of reference secured from sources outside the school system shall be excluded from inspection.
Section 13 A Bargaining Unit Member, who must be involved in the Association may appeal same to grievance procedure during the Board of Education by filing a written grievancework day, along with the decision of the Superintendentshall be excused, with the officer approval of the Board in charge Director of drawing up Human Resources, with pay for that purpose.
Section 14 If a grievance arises from the agenda for action of any authority higher than the Board's meeting, within ten (10) work days of receipt immediate supervisor of the Superintendent's decisionBargaining Unit Member, the BEAP may present such grievance at the appropriate step of the grievance procedure.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged claim by a teacher of the bargaining unit or by the Xxxxxxxxx Education Association that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement or written Board policies affecting working conditions of agreement may be processed as a grievance as hereinafter provided. Written grievances as required herein shall contain the member. Should a member/Association feel that there has been a violation, he/she will take the following stepsfollowing:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it It shall be signed by the grievant(s)/Association.grievant or grievants;
b. it 2. It shall be specific;
c. it 3. It shall contain a synopsis of the facts giving rise to the alleged violation;
d. it 4. It shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it 5. It shall contain the date of the alleged violation;
f. it 6. It shall specify the relief requested;
g. it . Any written grievance not in accordance with the above requirements may be rejected as improper. Such rejection shall indicate approval or disapproval by not extend the Associationlimitations hereinafter set forth.
Step 2: The Superintendent or B. In the event that a teacher believes there is a basis for a grievance, he/she shall first discuss the alleged grievance, with his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative building principal within ten (10) work school days after receipt of the occurrence or the teacher's knowledge of the occurrence of the alleged cause of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent either personally or accompanied by his/her designated agent shall render his/her decision in writingAssociation representative.
C. If, transmitting as a copy result of the same informal discussion with the building principal, a grievance still exists, grievant may invoke the formal grievance procedure by filing the grievance in writing with the principal, within five school days, on a form set forth, signed by the grievant and a representative of the Xxxxxxxxx Education Association. The form shall be available from the Association representative in each building. Principal parties to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten grievance shall be present at all subsequent meetings.
D. Within five (105) work school days of receipt of the Superintendent's decisiongrievance, the principal shall meet with the grievant, either personally or accompanied by his/her Association representative, in an effort to resolve the grievance. The principal shall indicate his disposition of grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the grievant.
E. If the grievant is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting the grievance shall be transmitted to the superintendent within five (5) school days of such disposition or termination of the waiting period. Within five (5) school days of receipt of the grievance the superintendent or his designee shall meet with the grievant, either personally or accompanied by his/her Association representative. The superintendent shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the grievant.
F. If the grievant is not satisfied with the disposition of the grievance by the superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting the grievance shall be transmitted to the Board within five (5) school days of such disposition or termination of the waiting period by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, may hold a hearing on the grievance, review such grievance in executive session, or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than five (5) days thereafter. A copy of such disposition shall be furnished to the grievant.
G. If the grievant and the Association are not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the Association may submit the grievance, within twenty (20) school days thereafter, to arbitration before an impartial arbitrator.
H. If parties cannot agree as to the arbitrator, he shall be selected by the American Arbitration Association in accordance with its rules, which shall likewise govern the arbitration proceeding. The arbitrator selected shall be required to begin the hearing within ninety (90) days after his or her selection. The hearing is to be held in a suitable location, either in Charlevoix or Antrim Counties and the arbitrator must render his decision within thirty (30) days of the close of the hearing. The Board and The Association shall not be permitted to assert in such arbitration proceeding on any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to or subtract from the terms of this agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
I. The Costs of arbitration to be borne equally by the parties.
J. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A Charges Against Employees Any employee against who charges may be received shall be required to report to his immediate non-union supervisor but not on his designated days off unless agreed upon by the employee. It is understood and agreed that any employee working the midnight shift who agrees to report on his day off, or is required to report prior to their normal start time, or after their normal completion time shall be paid a minimum of two (2) hours pay at the regular rate. It is further understood and agreed that this minimum pay shall not apply if the employee required to attend does so less than 20 minutes prior to commencement or within 20 minutes of the completion of his normal shift or hours of work. Any meetings taking longer than 20 minutes after the end of the shift will be paid for the duration of the meeting only. His case shall be considered and dealt with according to the rules and regulations of the Employer and according to the provisions of the collective agreement. An employee’s complaint shall not be received as a grievance until his immediate non- union supervisor has had an opportunity to adjust the complaint. Such employee may bring with him a member of the appointed or designated union representative.
5.1 No grievance shall be defined as an considered or be subject to the Grievance Procedure unless:
a) it is presented in writing on a Standard Grievance Form properly indicating: • date of presentation; • nature of grievance; • remedy sought; • clauses if the Agreement allegedly violated or the alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions occurrence said to have caused the grievance;
b) it is presented in writing within ten (10) calendar days after the occurrence of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss incident upon which the grievance with is founded to the Supervisor informally Director of Administration or his designate.
c) it is signed by the grievor and/or the union representative.
d) Grievance forms shall be available to the Union and supplied by the Employer.
5.2 Step One A designated management person, but not the person initiating the charge against the grievor shall hear, discuss and consider the grievance in the presence of the grievor who shall be represented by his union representative. Failing immediate settlement, after investigation, a decision shall be given in writing to the grievor and the Union within five (5) work calendar days of the alleged violation and, if not resolved, shall file a written grievance with hearing.
5.3 Step Two If the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to decision at Step 2. A grievance which One is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise considered satisfactory to the alleged violation;
d. it shall cite grievor, or to the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative Union, an appeal in writing within ten (10) work calendar days after receipt may be filed with the General Manager or his designate who agrees to hear, discuss and consider the grievance in the presence of the grievance to discuss the grievance. Within ten (10) work days grievor and members of the discussionappointed or designated Union Committee. Failing immediate settlement, the Superintendent or his/her designated agent after investigation and hearing pertinent witnesses, if any, a decision shall render his/her decision be given in writing, transmitting a copy of the same writing to the grievant, grievor and the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, Union within ten (10) work calendar days of after receipt of thereof. The failure to communicate the Superintendent's decisionManagement decision to the Union within the aforementioned time period will automatically result in the grievance being upheld.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as claim by an alleged violation, misinterpretation, employee or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, misinterpretation or misapplication of any provision of this Agreement may be processed as a grievance as hereinafter provided. In the event that an employee believes there is a basis for a grievance, the employee, accompanied by an Association building representative or the GEA grievance person, shall first discuss the alleged grievance with his/her building principal or other appropriate supervisor. If the grievance is not thus resolved, formal grievance procedures may be instituted. Any further reference to days shall be interpreted as official school days or during the summer schedule, days the District Office is officially open for business.
STEP I The grievant may invoke the formal grievance procedure through the Association on the grievance form (Appendix F) which will be available from the Association representative in each building. A completed, dated, signed copy of the grievance form shall be delivered to the principal or appropriate supervisor. If the grievance involves more than one (1) school building, it may be filed with the superintendent or a representative designated by the superintendent. A grievance must be filed within twenty (20) days of the occurrence of which he/she will take complains or twenty (20) days of the following steps:
Step 1: time when the grievant learned of the occurrence of which he complains, whichever is later. Within five (5) days of receipt of the written grievance, the principal or appropriate supervisor shall meet with the Association in an effort to resolve the grievance. The memberprincipal or appropriate supervisor shall indicate his/Association, with or without a designated representative, shall discuss her disposition of the grievance with the Supervisor informally in writing within five (5) work days of such meeting, and shall furnish a copy thereof to the alleged violation and, if Association.
STEP II If the Association is not resolved, shall file a written grievance satisfied with the Supervisor within fifteen (15) work days disposition of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days after receipt of same, or if no disposition has been made within five (5) school days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section such meeting or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt from date of filing, whichever shall be later, the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same be transmitted to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionsuperintendent.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. It is the intent of the parties to this Agreement that the grievance procedure set forth herein shall serve as a means for a peaceful settlement of disputes that may arise between them as to the application and interpretation of this Agreement. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication violation of the expressed terms of this Agreement or written Board policies affecting working conditions Agreement. Any grievance not answered within the time limits by the District may be processed to the next step of the membergrievance procedure, and any grievance not appealed by the Union within the time limits shall be deemed withdrawn by the Union. Should However, the parties may only agree in writing to hold in abeyance or extend the time limits at any step of the grievance procedure. Any employee having a member/Association feel that there has been a violation, he/she will take grievance shall present it to the following stepsEmployer as follows:
Step 1: The member/Association. An employee with a grievance shall discuss the grievance, with or without a designated representativeXxxxxxx and/or Chapter Chairperson, shall discuss the grievance with the Supervisor informally immediate supervisor within ten (10) regularly scheduled working days of the alleged occurrence. The immediate supervisor shall give a verbal answer, documented in writing, within five (5) work working days of such discussion, both to the alleged violation andGrievant and the appropriate Xxxxxxx and/or Chapter Chairperson.
Step 2. If the answer at Step 1 is not satisfactory, if not resolvedthe grievance shall be presented, shall file a written grievance with in writing, by the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor Xxxxxxx and/or Chapter Chairperson within five (5) work working days after of the Step 1 answer. The immediate supervisor shall sign and date the Xxxxxxx'x and/or Chapter Chairperson’s copy of the grievance is filedupon receipt. If no satisfactory conclusion is reached The immediate supervisor shall answer the grievance, in writing, within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work working days of receipt of the Superintendentgrievance. The supervisor shall accept, deny, refute, or add to any facts presented by the Union at either Step 1 or Step 2 Hearings in his answer. The Xxxxxxx and/or Chapter Chairperson shall sign and date the immediate supervisor's decisioncopy of the grievance upon receipt.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. (a) It is the mutual desire of the parties to this Agreement to attempt to settle complaints of employees as quickly as possible. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions any difference arising out of the memberinterpretation, application, administration or alleged violation of the Collective Agreement. Should Grievances shall be dealt with in the manner outlined below, providing such grievances are in writing, signed by the aggrieved employee, contain the nature of the grievance, the remedy sought, the specific sections of the Agreement, which are alleged to have been violated and filed within ten (10) working days of the alleged grievance. Replies to grievances shall be in writing at all steps. The employee is encouraged to first discuss the issue with their immediate supervisor. The employee shall be accompanied by their Union xxxxxxx at all steps of the grievance procedure or at any grievance meetings with the Employer. An individual shall, at all times, retain their right to lodge a member/Association feel formal complaint of harassment under the Ontario Human Rights Code. In the event an individual either advises the parties that there has been a violation, he/she will take has lodged a formal complaint or lodges a formal complaint under the following steps:Human Rights Code, any grievance that has been initiated on his/her behalf shall no longer apply and action commenced under the grievance procedure shall cease forthwith.
Step 1: 1 The member/Associationemployee shall submit the grievance to their supervisor within ten (10) working days of the alleged violation of the Agreement. The employee’s supervisor will forward a copy of the grievance to their manager and the Manager of Employee Relations. The supervisor shall, within two (2) working days, convene a meeting with or without a designated representativethe grievor, shall accompanied by their xxxxxxx and/or an additional department manager to discuss the grievance. Failing settlement at this step, within two (2) working days of the meeting, then Step 2 may be invoked.
Step 2 The grievance shall then be submitted to the Union’s Grievance Committee who shall then submit the grievance to the Human Resources Department within three (3) working days. Within five (5) working days of receipt of notice by the Union, a meeting shall be held with the Supervisor informally Union Grievance Committee, the grievor, the supervisor, and the City Grievance Committee.
(a) The City shall give its decision within five (5) work working days of the alleged violation andmeeting. Failing settlement at this stage, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work working days after the grievance is filed. If no satisfactory conclusion is reached Union may, but only within five (5) work days following the discussion a period of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.fifteen
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as is a claim based upon an event or condition caused by an alleged violationmisinterpretation or an alleged inequitable application of the terms of this Agreement.
B. A "party of interest" is the Association, misinterpretationthe teacher or group of teachers making the claim, and the Superintendent or misapplication designee or the Board of Education, depending upon the level reached in processing the grievance.
C. The term "days" will be interpreted as meaning working school days unless otherwise stipulated.
Section 25.2 The primary purpose of the procedures set forth in this section is to secure, at the lowest level possible, equitable solutions to the stated grievance. Nothing contained herein will be construed as limiting the right of any teacher having filed a grievance to discuss the matter informally with members of the administration, providing any adjustment resulting from said informal discussion is not inconsistent with the terms of this Agreement and that the Association is so notified by the administration of all meetings and all adjustments.
A. There will be at least one Association Representative for each school building. B. The Association will establish a Grievance Committee.
C. The building principal is designated as the administrative representative for Level One procedure.
D. The Superintendent/designee is designated as the administrative representative for Level Two procedures.
E. A grievance must be filed within twenty-one (21) days after its occurrence. This time limit does not apply to a grievance based upon a claim of an inaccurate payment for teaching or written Board policies affecting working conditions extracurricular activities. The time limit will apply in the case of alleged inaccurate payment from the date the payment for such service is received by the teacher so affected.
A. Level One: The teacher wishing to file a grievance will first discuss the matter with his/her Association Representative. If the Association Representative concurs that a grievance exists, the grievance will be written. The grievance, having been put in writing, will be delivered to the building principal who within five (5) days of receipt of said grievance will schedule a Level One meeting to be held. Participants in this meeting may include the Principal, the grievant, and his/her Association Representative. The Principal will make his/her decision known in writing to the grievant, Grievance Committee, and the Assistant Superintendent of Human Resources within five (5) days of the memberLevel One meeting.
B. Level Two: In the event a solution to the grievance has not been satisfactorily achieved at Level One, the grievant or the Grievance Committee will, within five (5) days of receipt of the Level One decision, forward the grievance to the Superintendent/designee at Level Two. Should The Superintendent/designee, within five (5) days of receipt of the grievance from Level One, will schedule a memberLevel Two meeting. Participants in this meeting will include the Superintendent/designee and other administrators, and a committee appointed by the Association. The District or the Association feel may also request the presence of the individual grievant at Level Two. The Superintendent/designee will make his/her decision known in writing to the grievant and the Grievance Committee within ten (10) days of the Level Two meeting.
C. Level Three:
1. This Level Three arbitration procedure is meant to be used for deciding disputes between the parties in the specific application of interpretation of items covered in this contract. Grievances dealing with any other subjects may not be submitted to arbitration.
2. The Association may request arbitration of an unsettled grievance as defined above after Level Two. Such request will be made by submitting to the other party a written Demand for Arbitration.
3. The right of the Association to demand arbitration over an unadjusted grievance is limited to a period of twenty (20) days from the date of notification to the Avondale Uniserv Office regarding the final action taken on such grievance under the last step in the grievance procedure immediately prior to arbitration.
4. The parties will attempt to select an arbitrator by mutual agreement. If the parties are unable to agree on an arbitrator within ten (10) days after receipt of notice requesting arbitration, the arbitrator will be selected by the American Arbitration Association in accord with its rules.
5. The rules of the American Arbitration Association will control the arbitration process.
6. It will be the function of the arbitrator and he/she will be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violations of specific articles and sections of this Agreement.
a. He/she will have no power to add to, subtract from, alter, or modify any terms of this Agreement.
b. He/she will have no power to establish salary schedules but he/she may place a teacher on the correct step of the salary schedules.
c. He/she will rule only on the alleged misinterpretation or inequitable application of the terms of this Agreement.
d. Unless the arbitrator finds that there has been a violationpractice, policy, or rule of the District is in violation of this Agreement, he/she will take the following steps:
Step 1: The member/Associationhave no power to change any practice, with policy, or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days rule of the alleged violation andDistrict, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or substitute his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt judgments for that of the grievance District as to discuss the grievance. Within ten (10) work days reasonableness of any such practice, policy, rule, or any action taken by the District outside of the discussion, the Superintendent or histerms of this Agreement. His/her designated agent shall render hispower will be limited to deciding whether the District has violated the express articles or sections of this Agreement; and he/her decision in writingshe will not imply obligations and conditions binding upon the District from outside this Agreement, transmitting a copy it being understood that any matter not specifically set forth herein remains within the reserved rights of the same District.
e. In the event that a case is appealed to an arbitrator on whom he/she has no power to rule, it will be referred back to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her officeparties without decision or recommendation on its merits.
f. There will be no appeal from an arbitrator's decision. If the decision of the Superintendent is unsatisfactory to It will be binding on the Association, its members, the employee or employees involved, and the District.
g. The expenses of the arbitrator will be shared equally by the District and the Association. All other expenses will be borne by the parties incurring them and neither party will be responsible for the expense of witnesses called by the other. Association may appeal same members will be provided release time to the Board participate in arbitration.
A. There will be no reprisals by either party taken against any party of Education interest by filing reason or participation in a written grievancegrievance procedure.
B. All documents, along communications, and records dealing with the decision processing of a grievance will be filed separately from the personnel files of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionparticipants.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. 23.01 It is the mutual desire of the teachers and Board that all grievances shall be adjusted as quickly as possible. It is further agreed that the designated grievance procedure as hereinafter set forth shall serve as and constitute the sole and exclusive means to be utilized by the grievor for the prompt disposition, decision, and final settlement of the grievance.
23.02 A grievance under the current Collective Agreement shall be defined as an alleged violationa difference or dispute between the Board and any teacher(s) which relates to interpretation, misinterpretation, application or misapplication administration of this Agreement.
(i) In no case shall a grievance be commenced later than 30 working days following the events giving rise to the grievance becoming known to the griever.
(ii) At all formal steps, a grievance, to be acceptable under this Agreement or written Board policies affecting working conditions shall:
(a) Be in writing
(b) specify the article(s) allegedly violated
(c) contain a precise statement of the memberfact(s) relied upon
(d) indicate the redress sought At all stages or steps a teacher may be accompanied by a representative of the Secondary Unit. Should Such representative may also be accompanied by a member/Association feel that there has been a violationrepresentative from the O.E.C.T.A. Provincial Office.
23.04 Time limits specified in the Grievance Procedure are mandatory and not simply directory, he/she will take and may only be amended by written, mutual agreement of both parties.
23.05 Complaints and Grievances shall be settled in the following stepsmanner and sequence:
Step 1: The member/Association, (a) A teacher with a complaint or without a designated representative, shall grievance should first discuss the grievance matter with the Supervisor informally designated Board official in an endeavour to resolve the complaint or grievance in an informal manner before a written grievance is submitted.
(b) The designated Board official shall reply verbally, within five (5) work working days after receipt of the alleged violation and, if not resolved, shall file a written grievance complaint. Failing satisfaction with the Supervisor within fifteen (15) work days verbal reply of the alleged violation designated Board official, the complaint shall then become a grievance and discuss the written grievance may be processed to Step One.
(a) Failing satisfaction with the Supervisor reply above, the teacher shall within five (5) work working days after of the receipt of the reply, submit the grievance is filed. If no satisfactory conclusion is reached to the Executive Officer, Human Resources Services or designate.
(b) The Executive Officer, Human Resources Services, shall reply in writing, within five (5) work working days following the discussion of the receipt of the grievance.
(c) If the teacher after reception of the Step One of a written grievance with reply wishes to process the Supervisorclaim further, the member/Association shall teacher must submit the written grievance request, in writing, through a Committee formulated and designated by the Unit Executive of the Secondary Unit to which the teacher belongs, to the Executive Officer, Human Resources Services, within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Associationworking days.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A 11.01 It is the mutual desire of the parties hereto, that complaints of employees shall be adjusted as quickly as possible. The Xxxxxxx or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance.
11.02 Grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Collective Agreement.
11.03 If a complaint is not settled in accordance with 11.01 above within three (3) working days, the matter shall be reduced to writing within ten (10) working days from the incident giving rise to the complaint.
11.04 After receipt of the grievance, the Employer shall give his reply in writing to the Business Manager/ Secretary-Treasurer within ten (10) working days. If the matter is still not resolved then the Business Manager or his Assistant shall advise the Employer within ten (10) working days.
11.05 Within ten (10) working days of receipt of notification from the Business Manager/ Secretary-Treasurer in 11.04, the grievance shall be defined as an alleged violation, misinterpretation, discussed at a meeting between the Business Manager or misapplication of this Agreement or written Board policies affecting working conditions his Assistant and a Representative of the memberEmployer. Should a member/Association feel that there has been a violationAfter this meeting, he/she will take the following steps:Employer shall give his answer to the Business Manager/ Secretary- Treasurer in writing within ten (10) working days.
Step 1: The member/Association11.06 If the Employer's answer in 11.05 is unacceptable, with or without a designated representative, shall discuss the grievance shall then be discussed within a further five (5) working days at a meeting of the International Vice- President or his designated Representative and a Representative of the Employer. If the matter is not resolved within these five (5) working days, the matter shall be referred to the next step as outlined in 11.07.
11.07 Before proceeding to Arbitration, the parties shall advise an authorized representative of the Boilermaker Contractors' Association of the details. At the request of either party, the grievance may be discussed between an International Officer of the Union and an authorized representative of the Boilermaker Contractors' Association in order to obtain an interpretation of the Collective Agreement in connection with the Supervisor informally grievance. If the matter is still not resolved within five (5) work working days of the alleged violation andreferral to the Boilermaker Contractors' Association, if not resolvedthen at the request of either party, shall file a written the grievance with the Supervisor within fifteen (15) work days may be referred to Arbitration.
11.08 It is understood and agreed that any of the alleged violation time limits herein may be extended by mutual agreement in writing. In this Article, Saturday, Sunday and discuss the written grievance with the Supervisor within five (5) work days after Recognized Holidays shall not be counted as working days.
11.09 In cases where an employee is discharged, the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following shall be initiated at the discussion of level outlined in 11.04 and if the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which matter is not resolved within the scope of a Supervisor's authority steps and time limits outlined in 11.04 and 11.05, then the request for Arbitration may be filed initially initiated at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed this point by the grievant(s)/Associationeither party.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violationSection 1. Having a desire to create and maintain harmonious labor relations between them, misinterpretationthe parties agree that they will promptly attempt to adjust all complaints, disputes, controversies or misapplication other grievances arising between them involving questions of interpretation or application of terms and provisions of this Agreement or written Board policies affecting working conditions Agreement.
1) Name of employee(s)/Union grieving;
2) Dates of the member. Should a member/Association feel that there has been a violation, he/she will take action(s);
3) The step of the following steps:grievance;
Step 1: The member/Association, with or without a designated representative, shall discuss 4) A complete statement of the grievance with the Supervisor informally within five (and facts upon which it is based;
5) work days Contractual rights of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged individual claimed to have been violated;
e. it 6) And specific remedy or correction requested.
Step 1. Any dispute involving the interpretation, application, or alleged violation of a specific provision of this Agreement shall contain be discussed with the date employee's immediate supervisor within fifteen (15) working days of the alleged violation;
f. it grievance. The immediate supervisor shall specify have fifteen (15) working days to respond. All grievances must be discussed with the relief requested;
g. it shall indicate approval or disapproval by immediate supervisor prior to the Associationfiling of a formal grievance and no formal grievance may be filed until the immediate supervisor has been given opportunity to attempt resolution.
Step 2: The Superintendent or his/her designated agent shall arrange . If the grievance is not resolved informally, a meeting with the grievant and/or the designated Association representative formal grievance may be presented in writing within ten (10) work working days after from the receipt of the immediate supervisor's response of Step 1 to the appropriate Management official. The Management representative at the second step shall have ten (10) working days from the receipt of the grievance to discuss respond in writing.
Step 3. If the grievance. Within ten (10) work days of grievance is not resolved at Step 2, it may be presented to the discussion, the Superintendent department director or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, designee within ten (10) work working days of the receipt of the Superintendent's Step 2 response. The director shall have twenty (20) working days to respond to the grievance in writing.
Step 4. Should the matter remain unresolved after Step 3, the parties will jointly contact a mediator within fifteen (15) working days of the director’s decision. If there is a cost associated, the parties will equally share costs. This step may be skipped if mutually agreed upon. Timeline for the grievance processing will be put on hold until the mediation is final.
Step 5. Should the matter remain unresolved following mediation, the Federation shall, within fifteen (15) working days of mediation, notify the director and the Chief of State Office of Labor Relations of its decision to take the grievance to final and binding arbitration.
Appears in 3 contracts
Samples: Supplemental Agreement, Supplemental Agreement, Supplemental Agreement
GRIEVANCE PROCEDURE. A. 4.1 The purpose of this procedure is to provide a prompt, orderly method for securing, at the lowest possible level, an equitable solution to grievances, without interference with the operations of the school system. Both parties agree that grievance proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
4.2 A grievance shall be "grievance" is defined as an alleged violation, misinterpretation, a claim by the aggrieved Employee or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel Union that there has been a violation, he/she will take misinterpretation or misapplication of a specific provision of this Agreement, or the individual Employee's contract.
4.3 Any grievance shall be processed in the following stepsmanner:
Step 1: Level I. The member/Association, with or without a designated representative, aggrieved Employee shall discuss attempt to resolve the grievance informally, within twenty (20) business days of the occurrence of the event, action, or violation constituting the grievance by informal discussion with the Supervisor informally Employee's building principal or immediate supervisor. The building principal or immediate supervisor will reply orally or in writing to the aggrieved Employee within five (5) work business days after discussion of the alleged violation andgrievance.
Level II. If, if not resolved, shall file a written grievance after discussion with the Supervisor within fifteen grievant’ s building principal or immediate supervisor at Level I, the grievance is not settled and the aggrieved Employee wishes to appeal the grievance to Level II, the Employee will reduce the grievance to writing (15on the form attached to this Agreement as Schedule B) work days of and submit it to the alleged violation and discuss the written grievance with the Supervisor Superintendent's designee within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work business days after receipt of the building principal or immediate supervisor's oral or written answer. The written grievance to discuss the grievance. Within ten (10) work days shall contain a clear and concise statement of the discussionalleged grievance, including the facts upon which the grievance is based, the Superintendent or his/her designated agent issues involved, the provisions of this Agreement involved, and the relief sought. The Superintendent's designee shall render his/her decision in writingprovide a written answer to the Employee, transmitting with a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meetingUnion, within ten (10) work business days after receipt of the written grievance. The Employee shall acknowledge receipt of a copy of the written answer of the Superintendent's designee by the Employee's signature on the Grievance Report.
Level III. If the grievance is not settled at Level II and the aggrieved Employee wishes to appeal the grievance to Level III, the written grievance shall be submitted by the Employee to the Superintendent or designee within five (5) working days after receipt of the Level II written answer. The Superintendent or designee shall meet with the Employee and a representative of the Union, if the grievant requests representation, within five (5) working days after receipt of the grievance. The Superintendent or designee will provide a written answer to the grievant, with a copy to the Union, or its designated representative within five (5) working days of such meeting. The Employee shall acknowledge receipt of a copy of the written answer of the Superintendent or designee by the Employee's signature on the Grievance Report. Level IV. Grievances not settled at Level III of the grievance procedure may be appealed to arbitration by the Union by written notice of a request for arbitration, submitted to the Superintendent or designee within ten (10) days of receipt by the Employee of the Superintendent's answer in Level III. Within five (5) working days of receipt of such request, representatives of the SuperintendentEmployer and the Union shall attempt to select a mutually acceptable arbitrator. Failing to do so, the Union shall within ten (10) days of such arbitration request, petition the Public Employment Relations Board (PER Board) to submit a list of five (5) arbitrators. Within five (5) days after receipt of such list, the parties' designated representatives shall determine by lot the order of elimination and thereafter each shall, in that order, alternately strike a name from the list and the fifth and remaining person shall act as the arbitrator. The arbitrator shall schedule a hearing on the grievance and, after hearing such evidence as the parties desire to present, shall render a written opinion and award. The arbitrator shall have no authority to add to, subtract from, modify or amend any terms of this Agreement. The arbitrator shall have no power to substitute his/her discretion for that of the Employer in any matter reserved to the Employer by law or the terms of this Agreement. A decision of the arbitrator shall, within the scope of his/her authority, be final and binding upon the parties. The Employer and the Union agree that upon written consent of all aggrieved Employees' grievances involving similar facts, issues and contract provisions shall be consolidated for hearing and determination. The Employer and the Union will share equally the joint costs of the arbitration procedure, such as the fee and expense of the arbitrator and the cost of the hearing room. Any other expenses shall be paid by the party incurring them.
4.4 The failure of an Employee or the Union or its representatives to initiate or appeal a grievance to the next level within the time limits specified above shall bar further appeal. The failure of an administrator designated herein to reply to or answer a grievance within the time limits specified above shall permit the aggrieved Employee, or, where applicable, the Union, to proceed to process the grievance to the next level. The time limits specified above may be extended by mutual agreement. The term "working days" as used in this Article shall mean consecutive scheduled working days of the aggrieved Employee.
4.5 All grievances at Levels I, II and III shall be presented, discussed and processed on Employee's decisionnon-working time.
4.6 Aggrieved Employees may represent themselves at all stages of the grievance procedure or be represented by one person approved by the Union. When Employees are not represented by the Union, the Union shall have the right to be present at Level III with the written consent of the aggrieved Employees, delivered to the Superintendent or designee not later than two (2) working days prior to the conference at Level III.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/AssociationWithin five (5) working days of the time a grievance arises, an employee shall take the matter up with a Supervisor or without a designated representativeBuilding Administrator in an effort to resolve the matter informally. In the event the matter is not resolved informally, shall discuss may proceed to Step 2.
Step 2: If the grievance with the Supervisor informally is not resolved in Step 1, it shall, within five (5) work working days of the meeting at Step 1, be reduced to writing on a grievance form and presented to the Assistant Superintendent. The written grievance shall be filed within ten (10) working days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2violation. The written grievance, as required hereingrievance shall name the employee(s) involved, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of state the facts giving rise to the alleged violation;
d. it grievance, shall cite the section or subsections identify all provisions of this contract or written Board policy Agreement alleged to have been violated;be violated by appropriate reference, shall state the contention of the employee and of the UNION with respect to these provisions, shall indicate the relief requested. The BOARD shall give the employee an answer in writing, no later than five (5) working days after receipt of the written grievance, with a copy to the UNION representative.
e. it Step 3: If the grievance is not resolved in Step 2, the UNION, within five (5) working days after receipt of the answer in Step 2, may appeal the grievance to the Superintendent or a designee for a written answer. The appeal should be in writing and shall contain the date reasons for the appeal and a copy of the alleged violation;
f. it Assistant Superintendent's decision in Step 2. Within seven (7) working days the Superintendent or a designee shall specify meet with the relief requested;
g. it UNION on the grievance and shall indicate approval or disapproval by disposition of the Associationgrievance in writing within five (5) working days after such meeting with a copy to the UNION.
Step 24: The Within fifteen (15) working days after delivery of the decision of the Superintendent or his/her designated agent shall arrange his designee on any grievance as defined herein, either party may at its option submit the grievance, if not settled, to arbitration by written notice delivered to the other party. In this event, if the parties are not able to agree upon a meeting with the grievant and/or the designated Association representative mutually acceptable arbitrator within ten (10) work working days after the receipt of such notice, either party may within five (5) working days after the grievance to discuss written notice, request that the grievance. Within ten (10) work days of American Arbitration ASSOCIATION select an arbitrator under its rules which likewise govern the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionarbitration proceeding.
Appears in 2 contracts
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, Association with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days workdays following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days workdays of the discussion with the Supervisor to Step step 2. A grievance grievance, which is not within the scope of a Supervisor's authority ’s authority, may be filed initially at step 2. The written grievance, as required herein, shall containcontain the following:
a. (1) it shall be signed by the grievant(s)/Associationgrievant(s)/(Association).
b. (2) it shall be specific;
c. (3) it shall contain a synopsis of the facts giving rise to the alleged violation;
d. (4) it shall cite the section or subsections of this contract Contract or written Board policy alleged to have been violated;
e. (5) it shall contain the date of the alleged violation;
f. (6) it shall specify the relief requested;
g. (7) it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative at the option of the grievant within ten (10) work days workdays after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representativesecretary, and appropriate SupervisorSupervisor of the building in which the grievance arose, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, meeting within ten (10) work days of receipt of the Superintendent's decision.ten
Appears in 2 contracts
Samples: Employment Contract, Employment Contract
GRIEVANCE PROCEDURE. A. Section 1 A grievance shall be defined as based upon an alleged violationviolation of the terms of this contract which concerns employee’s wages, misinterpretationhours, and working conditions. The following matters shall not be the basis of any grievance filed under the procedure outlined in this Article:
A. The termination of services of, or misapplication failure to re-employ, any non-tenured teacher or probationary NCPS (See Article XII.)
B. The failure to re-employ any employee to a position on the extra-duty B-2 or B-3 schedule in years 1-4.
C. Any matter involving the contents of written employee evaluations It is expressly understood that the grievance procedure shall not apply to those areas in which the Tenure Act prescribes a procedure or authorizes a remedy (discharge and/or demotion). No grievance shall be adjusted without prior notification to the CEA and opportunity for a CEA representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of this Agreement or written Board policies affecting working conditions Agreement. In the administration of the member. Should grievance procedure, the interests of the employee shall be the sole responsibility of the CEA.
D. Any matter that is related to a member/Association feel that there has been a violationprohibited bargaining subject under the Public Employment Rights Act, he/she will take MCL 423.201 et seq.
Section 2 Grievance Procedure -The following procedure is the following stepsexclusive means for resolving grievances:
Step 1: The member/Association, with or without a designated representative, A. PRE-GRIEVENCE PROCEDURE (required): An employee who feels there is basis for grievance shall discuss it with their supervisor or principal in an attempt to reach a satisfactory solution. Following the grievance with initial discussion, either party may involve their representatives in additional discussions in order to affect an equitable solution. These discussions will emphasize dispute resolution utilizing an interest-based, problem-solving process.
1) LEVEL ONE: In the Supervisor informally within five (5) work days of event the alleged violation and, if matter is not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meetingemployee may, within ten (10) work days of the alleged occurrence of the grievance, or within ten (10) days of the date it should have been discovered, file a formal written grievance with the principal. (See Appendix C-1) Within five (5) days from receipt of the Superintendent's written grievance, the principal or supervisor shall render a decision, in writing, to the Grievant and the CEA. Upon receipt of the decision, the CEA may file a grievance on its own behalf or on the behalf of the employee.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an Informal Step Within seven (7) days of the grievant having knowledge or within seven (7) days of the occurrence of the alleged violation, misinterpretation, or misapplication of an employee who has a grievance shall first discuss it with his/her appropriate supervisor in an attempt to resolve the matter informally and state that this Agreement or written Board policies affecting working conditions of the member. Should could result in a member/Association feel that there has been a violation, he/she will take the following steps:grievance.
Step 1: The member/Association, with or without a designated representative, shall discuss B. Formal Step(s): If the grievance is not resolved during the informal step, the grievant with the Supervisor informally within five Union's approval shall have ten (510) work days of from the alleged violation and, if not resolved, shall informal discussion to file a written grievance form with the Supervisor within fifteen (15) work days appropriate supervisor. A copy of the alleged violation and discuss completed grievance form shall also be delivered to the written grievance with the Supervisor within five (5) work days after superintendent. Unless the grievance form is appropriately filed, and filed in a timely manner, the grievance shall be deemed not filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association The Union and Supervisor shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance meet to discuss the their grievance. Within ten (10) work days after the receipt of the discussiongrievance form, the Superintendent or his/her designated agent Employer shall render his/her decision give the grievant an answer in writing, transmitting writing with a copy of sent to the same to Union president. If the grievance is not resolved at level one, the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten seven (107) work working days of receipt of the Superintendentappropriate supervisor's decisionanswer, shall submit to the superintendent or designee the completed grievance form and all relevant papers/attachments. The Union and the Superintendent or designee shall meet to discuss the grievance. Within twenty (20) days after the receipt of the grievance and all relevant papers/attachments, the Employer shall answer the grievance in writing. If the Union approves, and the grievant is not satisfied with the disposition of the grievance of step two, the grievant may, within seven (7) days after the Employer’s decision is filed, complete the grievance form requesting arbitration. The parties shall use the Federal Mediation and Conciliation Services (FMCS) to select an arbitrator. The Union shall request a list of nine (9) names within seven (7) days of demand for arbitration. A toss of a coin shall determine who strikes first. The alternative strike method shall be used to determine the arbitrator. A second list of seven (7) names may be requested by either party at their own expense. Once an arbitrator has been selected, the arbitrator shall conduct a hearing on the grievance in accordance with the rules and regulations of the FMCS. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to the Union representative and the Employer’s representative. The decision of the arbitrator shall be binding on the Employer, the Union and the grievant. When a grievance is submitted to the arbitration level, the superintendent or designee and the Union representative shall meet to submit to the other party copies of all documents, witness lists, and other information to be presented at the hearing. No new or additional documents or witnesses not presented at this discovery step shall be presented at the hearing. When procedural questions have been raised by either party (such as the timeliness of the filing and/or processing of the grievance, appropriateness of the grievance, etc.) such questions shall be decided by the arbitrator prior to hearing the merits of the alleged grievance.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance The primary purpose of this procedure shall be defined as to obtain at the lowest level and in the shortest period of time equitable solutions to grievances which may arise from time to time.
B. Any individual unit member of the Association itself may file a grievance, which is an alleged violation, misinterpretation, or misapplication misapplications of any matter negotiated and determined under the provisions of this Agreement or Agreement.
C. The following procedures shall be followed with regard to any and all grievances.
1. An alleged violation shall first be discussed informally between the unit member and his/her immediate supervisor.
2. If the problem is still unresolved, the unit member shall provide the Superintendent with a formal written Board policies affecting working conditions grievance, which shall set forth the Article alleged violated, the facts constituting the alleged violation, the relief sought, the date of the member. Should incident of the alleged violation and the signature of the grievant.
a. After receipt of a member/Association feel that there has been formal written grievance, the Superintendent and the grievant shall have a violationmeeting, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work working days of the alleged violation andSuperintendent’s receipt of the formal written grievance.
b. If the matter is not resolved at this meeting of the Superintendent and the Grievant, if not resolvedthe Superintendent and the grievant shall have a formal meeting, shall file a written grievance together with the Supervisor within fifteen (15) work days President of the alleged violation and discuss the written grievance with the Supervisor Association, within five (5) work working days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with last meeting.
c. The Superintendent shall respond in writing to the Supervisor, the member/Association shall submit the written grievance within five (5) work working days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2this formal meeting.
3. The Association may itself, through its business agent, initiate a grievance at the third step of the procedure, by supplying the Superintendent with a formal written grievance, as required hereinwhen such grievance does not involve a particular unit member or principal, shall containbut instead involves an application of the Agreement that affects all bargaining unit members. An individual may only initiate a grievance at the third step of the grievance procedure with the agreement of the Superintendent.
4. A grievant or the Association may appeal the decision of the Superintendent to the Board through the following procedure:
a. it The grievant shall be signed by provide the grievant(s)/Association.
b. it shall be specific;
c. it shall contain Superintendent with a synopsis written notice of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative intention to appeal within ten (10) work days after receipt of the grievance Superintendent’s decision, to discuss allow adequate time for the Superintendent to arrange for consideration of the appeal at a Board meeting within thirty (30) days of the notice of appeal. This written notice of appeal shall set forth the detailed grievance. Within , the complaints regarding the Superintendent’s decision, a request for scheduling of the appeal before the Board, the identity of the grievant or grievant, and the number of individual grievances.
b. The Superintendent will have ten (10) work days after the receipt of the discussion, written notice of appeal to notify the Superintendent or his/her designated agent grievant(s) when the matter will be taken up before the Board.
5. The appeal before the Board shall render his/her decision in writing, transmitting a copy be for the Board’s consideration of the same to issue or issues raised by the grievant, grievance and the Association representativeSuperintendent’s decision.
6. The Board shall make a disposition of the appeal in a timely manner, and appropriate Supervisorshall promptly notify the grievant or the Association, and place a copy as the case may be, of same in a permanent file in his/her office. If the decision of the Superintendent Board or if the Board is unsatisfactory unable to agree on decision. The grievant or the Association, as the Association case may appeal same to the Board of Education by filing a written grievancebe, along may, if dissatisfied with the Board’s decision, pursue legal remedies and may also resort to legal remedies if a prompt decision is not received from the Board.
D. Time limits set forth herein may be extended by mutual agreement of the Superintendentparties, and time shall not be considered of the essence, with the officer exception of cases involving the termination of an employee with a continuing contract.
E. Failure of either party to proceed without giving notice of a need for an extension of time shall result in the dropping of the grievance (when the grievant or Association fails to proceed) or the relief sought shall be given (if the Superintendent or Board in charge fails to proceed).
F. The procedures of drawing up this Article shall not affect the agenda for the Board's meeting, within ten (10) work days of receipt right of the Superintendent's decisiongrievant or the Association to exercise the right to file an unfair labor practice charge within the time prescribed by law.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. 8.01 A grievance shall be defined as any difference arising out of the interpretation, application, administration or an alleged violation, misinterpretation, or misapplication violation of this Agreement or written Board policies affecting working conditions Collective Agreement.
8.02 A grievance shall be processed according to the steps and time limits set out in this grievance procedure.
8.03 A grievance shall be initiated in writing within thirty (30) days of the member. Should a member/Association feel that there has been a violation, he/she will take event giving rise to the following steps:grievance.
Step 1: The member/Association8.04 An employee, with or without a designated representativeshop xxxxxxx, shall discuss shall, during the grievance time period set out in Clause 8.03, first attempt to resolve the difference with the Supervisor informally within five (5) work days immediate supervisor.
8.05 Failing settlement of the alleged violation anddifference under Clause 8.04, if not resolvedthe grievant shall submit a grievance, pursuant to Clause 8.03, to the Superintendent of Schools. The grievance shall file a written grievance with set out the Supervisor within fifteen (15) work days particulars of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisorgrievance, the member/Association shall submit the written grievance within five (5clause(s) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy Collective Agreement which are alleged to have been violated;
e. it violated and the redress sought. The Superintendent of Schools, or designate, shall contain the date render a decision in writing within ten days of the alleged violation;
f. it shall specify receipt of the relief requested;
g. it shall indicate approval or disapproval by the Associationgrievance.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with 8.06 Failing settlement of the grievance under Clause 8.05, the grievant and/or shall forward the designated Association representative written grievance to the Board of Trustees within ten (10) work days after of receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, decision from the Superintendent or his/her designated agent of Schools. The Board shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with decision on the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, grievance within ten (10) work days after the next regularly scheduled Regional Board meeting.
8.07 Failing settlement of the grievance under Clause 8.06, the Union may refer the grievance to an Arbitration Board in accordance with clause 8.09 within ten (10) days of receipt of the Superintendent's Employer’s decision.
8.08 a) A policy grievance arising between the Employer and the Union shall be initiated pursuant to Clause 8.03 with the Employer or the Union, as the case may be, setting out particulars of the grievance, the clause(s) of this Collective Agreement which are alleged to have been violated and the redress sought. The Employer or Union, as the case may be, shall render a written decision on the grievance within thirty (30) days of receipt of the grievance.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A 7.01 Within the term of this Agreement, a grievance shall be defined as an a difference of opinion between the parties as to the interpretation, application, administration or alleged violation, misinterpretation, or misapplication violation of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2Agreement. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required hereinin Step 2 of this Article, shall containstate:
a. it (a) the nature of the grievance and background circumstances;
(b) the section(s) of the Agreement claimed to be infringed; and
(c) the remedy or correction required.
7.02 Where a dispute involving an employee suspension or discharge occurs, the grievance shall be signed initiated at Step 2 of the grievance procedure.
7.03 A group grievance submitted on behalf of a group of employees or a policy grievance submitted by the grievant(s)/AssociationBargaining Unit/Union may be initiated at Step 2 of the grievance procedure.
b. it 7.04 The following steps shall be specific;govern the grievance procedure:
c. it shall contain a synopsis Step 1 Within ten (10) working days of the facts giving rise time the grievor should reasonably be expected to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date be aware of the alleged violation;
f. it shall specify relevant facts, the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting employee, with the grievant and/or concurrence of the designated Association representative Bargaining Unit, shall discuss the complaint with the Principal of Adult and Continuing Education. The grievor may be accompanied by a Union representative. The Principal of Adult and Continuing Education shall reply orally within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work working days of the discussion.
Step 2 Failing satisfaction, the Superintendent or his/her designated agent Bargaining Unit shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meetingthen, within ten (10) work working days after receipt of the reply of the Principal of Adult and Continuing Education in Step 1 above, reduce the grievance to writing, detailing the article(s) which is alleged to have been violated, to the Superintendent of Human Resources or his/her designate. The Superintendent of Human Resources or his/her designate shall meet with the grievor accompanied by a Union representative, within ten (10) working days of receipt of the Superintendent's decisionwritten grievance. The Superintendent of Human Resources or his/her designate shall answer the grievance in writing within ten (10) working days of the meeting with the grievor and a Union representative, during which time the grievance will have been discussed at a meeting of the Director’s Council.
7.05 If the grievance is still unresolved after exhausting the above procedure, the Bargaining Unit/Union may submit the grievance to Arbitration in accordance with Article 8 of the Agreement.
7.06 Nothing in this Article precludes the parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The Agreement shall be made in writing and stipulate the name of the mediator and the time line for grievance mediation to occur.
7.07 Any time limits mentioned in the grievance and arbitration procedures may be extended by mutual agreement between the parties and by notification and confirmation in writing.
7.08 A grievance lodged by the Board shall be submitted in writing to the President of the Bargaining Unit. The President of the Bargaining Unit shall respond in writing to the Board within ten (10) days after receipt of the grievance. In the event the matter is unresolved, the Board may submit the grievance to arbitration in accordance with Article 8.
7.09 Should the processing or investigation of a grievance require that a grievor or the C.E.I. representative be released from regular duties, they shall be released from regular duties without loss of salary or benefits providing such absence is requested in advance to the appropriate Superintendent or his/her designate.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation7.01 Where a difference arises between the parties relating to the interpretation, misinterpretationapplication, or misapplication administration of this Agreement including any question as to whether a matter is arbitrable, or written Board policies affecting working conditions of the member. Should a member/Association feel where an allegation is made that there this Agreement has been a violationviolated, he/she will take then the difference shall be settled in the following stepsmanner:
Step 7.02 Stage One (1: The member/Association): Where an employee has a grievance, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work normal working days (Monday to Friday) of the alleged violation andoccurrence of the events giving rise to the grievance, if he shall orally communicate it to his Supervisor and a Union Xxxxxxx who shall try to resolve it before submitting it in writing. Stage Two (2): If the oral discussion does not resolved, result in an immediate resolution the employee shall file then submit it in writing to his Supervisor and to a Union Xxxxxxx within two (2) normal working days after the oral discussion. The written grievance with shall:
a) provide full particulars of all facts alleged to justify or give rise to the Supervisor within fifteen grievance;
b) state the specific (15not general or open-ended) work days of settlement sought; and
c) be signed by the alleged violation and discuss the written grievance with the Supervisor within grieving employee. Within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work normal working days of receipt of the Superintendentwritten grievance, the Supervisor shall give his written answer to a Union Xxxxxxx. The written answer shall provide full particulars of the Supervisor's decisionposition on the alleged facts and his specific proposal, if any, for settlement of the grievance. Should the grievance advance to the next stage or arbitration, the Union will not be held to or restricted in its presentation or argument of the grievance to the particulars stated, with facts presented or the settlement sought on the grievance; similarly, the Company will not be held to or restricted in its presentation or argument of the grievance to the particulars it stated, the facts it presented or the settlement on the grievance, the intent being that the positions of the parties up to this stage of the grievance procedure are to be without prejudice and without precedent.
7.03 Failing a satisfactory settlement at either Stage One (1) or Stage Two (2), the matter may then be referred by the Grievance Committee Chairperson, within two
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section A. A Should differences arise between the Employer and the Union, or its members employed by the Employer, as to the meaning and application of this Agreement, an xxxxxxx effort shall be made to settle the same by the following procedure:
Step 1 - Any employee having a complaint or grievance shall, within five working days after the occurrence complained of, go directly to his/her supervisor for discussion of the problem. The supervisor must make a serious effort to answer the complaint without delay, and in no event shall the time of the supervisor's consideration exceed five working days.
Step 2 - Any employee whose complaint or grievance cannot be satisfied at Step 1 shall reduce it to writing* within ten (10) working days on a designated form which shall be delivered to the Union xxxxxxx, who shall deliver said grievance to the Employer. The Employer shall confer with the employee and a Union xxxxxxx at his/her earliest opportunity, not to exceed five working days. The Employer shall provide a written answer within five working days of said conference. *The written grievance shall contain at least the following information:
a. The name(s) of the grievant(s);
b. The date of the cause giving rise to the alleged violation(s);
c. The facts (time, date, place, who was involved, and what happened) giving rise to the alleged violation(s);
d. The article(s) and section(s) alleged to be violated;
e. The relief requested.
Step 3 - If the employee or xxxxxxx are not satisfied with the disposition of the grievance by the Employer, or if no disposition has been made within five working days of such meeting, the grievance shall be defined as an alleged violation, misinterpretationtransmitted to the Superintendent of Schools, or misapplication of this Agreement his/her designee, within five working days by filing a written copy thereof. The Superintendent, or his/her designee, shall meet with the Grievance Committee within five working days to discuss the complaint. The Superintendent, or his/her designee, shall provide a written Board policies affecting answer within five working conditions days.
Step 4 - If the Union is not satisfied with the disposition by the Superintendent or designee, or if no disposition has been made within seven working days after expiration of the membertime limit in Step 3, the Union may appeal the grievance to the Labor Mediation Board within seven working days. Should The union must notify the Employer in writing within three working days after the appeal request.
Step 5 - If the parties are unable to reach a member/Association feel that there has been solution to a violationgrievance at Step 4, he/she will take the grievance may be submitted to arbitration through the Michigan Employment Relations commission under the following stepsconditions:
Step 1: a. The member/Association, with or without a designated representative, shall discuss party that chooses to submit the grievance with to arbitration must notify MERC and the Supervisor informally other party in writing within five ten (51O) work days from the date of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days receipt of the alleged violation and discuss the written grievance with hearing decision from the Supervisor Step 4 grievance hearing.
b. Any grievance not submitted to arbitration time herein provided shall be deemed withdrawn.
c. The parties will select an arbitrator through the Michigan Employment Relations Commission.
d. The only evidence or arguments which may be presented at the arbitration hearing are those which were used in the previous steps of this grievance procedure and to which written reference has been made.
e. The arbitrator shall have no authority except to pass upon alleged violations of the expressed terms of this Agreement. The arbitrator shall have no power to alter, add to, subtract, or vary the terms of this Agreement. The arbitrator shall not have the authority to determine that any provision is unconstitutional or contrary to federal or state statute, it being expressly agreed that such determination shall be made by a court of competent jurisdiction.
f. The arbitrator shall render a written opinion within five thirty (53O) work days after the grievance is filedarbitration hearing.
g. The costs of arbitration shall be born by the party least supported by the arbitrator's decision as determined by the arbitrator. If no satisfactory conclusion is reached The arbitrator shall not have the authority to split the costs but must determine the paying party. The losing party will pay the full costs of the arbitrator and his/her decision. Each side will pay its own costs for legal fees and witnesses.
h. Step five of this process may be used four (4) times per year, July 1 to June 3O. All other grievances will stop at step 4.
i. Either party shall have the right within five (5) 1O work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain from the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange arbitrator's decision to apply to a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt court of competent jurisdiction for a rehearing of the grievance as to discuss the grievance. Within ten (10) work days of the discussionlaw provided, the Superintendent or his/her designated agent shall render his/her decision in writinghowever, transmitting a copy of the same to the grievantthat if application is not made within such time period, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory arbitrator shall be binding.
Section B. The grievance procedure shall not apply to:
a. A grievance by an employee who desires to assert his/her right to present such grievance to the AssociationEmployer and have it adjusted without interference of the Union, provided that the adjustment is not inconsistent with the terms of this Agreement. A copy of any adjusted grievance under this paragraph, at the Superintendent level or above, will be forwarded to the Union President.
b. The discharge, discipline, or suspension of a new robationary employee or evaluation of any employee.
c. Any provision of this Agreement which contains an express exclusion from this procedure.
Section C. It is mutually understood and agreed that when an employee believes that a cause for complaint exists, such employee shall have the right to meet and consult a xxxxxxx. In such event, the Association may appeal same employee shall request of his/her supervisor that the xxxxxxx be summoned. The supervisor shall comply with this request as promptly as possible and arrange that the employee and the xxxxxxx have an opportunity to confer.
Section D. It is mutually agreed that all parties involved in differences shall strictly adhere to the Board of Education time limits contained herein except by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionmutual agreement.
Appears in 2 contracts
Samples: Maintenance and Operations Master Agreement, Maintenance and Operations Master Agreement
GRIEVANCE PROCEDURE. A. A grievance 1. All grievances except group grievances and those involving a discharge or disciplinary suspension without pay shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take processed in the following stepsmanner:
Step STEP 1: The member/AssociationAn employee with a grievance (other than a discharge or disciplinary suspension without pay) shall, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work week days of the alleged violation and, if not resolved, shall file a written occurrence which gave rise to the grievance with the Supervisor or within fifteen (15) work five week days of the alleged violation and date the employee first reasonably should have known of the events which gave rise to the grievance, discuss the written grievance it with the Supervisor within five (5) work days after employee’s immediate supervisor with the object of resolving the matter informally. If requested by the employee, the Association President or the Shift Xxxxxxx may be present if available.
STEP 2: If the grievance is filed. If no satisfactory conclusion is reached within five (5not satisfactorily resolved at Step 1, it shall be reduced to writing, setting forth in detail the facts and specific provision(s) work days following the discussion of the written grievance with Agreement alleged to have been violated, and stating the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2settlement desired. The written grievance, as required herein, shall contain:
a. it grievance shall be signed by the grievant(s)/Associationaggrieved employee(s) and shall be presented to the Senior Administrator responsible for the Division within seven week days of the occurrence which gave rise to the grievance or within seven (7) week days of the date the employee first reasonably should have known of the events which gave rise to the grievance. Within five week days thereafter, the Senior Administrator responsible for the Division and a Human Resources Director shall meet with the grievant and the Association President to discuss the matter. The Senior Administrator responsible for the Division shall thereafter place their written disposition and explanation upon the grievance and return it to the grievant(s) within five week days after such meeting.
b. STEP 3: If the grievance is not satisfactorily resolved at Step 2, it shall be specific;
c. it shall contain appealed by writing on the grievance form a synopsis brief explanation of the facts giving rise reason(s) for rejecting the Step 2 disposition, and any change in the settlement proposed. The appeal shall be signed by the aggrieved employee(s), and within 10 week days following the Step 2 discussion, presented to the alleged violation;Senior Vice President responsible for the Division. Within 10 week days thereafter, the Senior Vice President responsible for the Division (or their designated representative) and up to two additional College representatives shall meet with the grievant(s), the Association President, and up to two additional Association representatives to discuss the matter. The Senior Vice President responsible for the Division (or their designated representative) shall thereafter place their written disposition and explanation upon the grievance and return it to the grievant(s) within five week days after such meeting, with a copy to the Association President.
d. it 2. A group grievance or a grievance involving a discharge or disciplinary suspension without pay, shall cite be reduced to writing, setting forth in detail the section facts and specific provision or subsections provisions of this contract or written Board policy the Agreement alleged to have been violated;
e. it , and stating the settlement desired. The written grievance shall contain be signed by the Association President and the aggrieved employee(s). Within seven week days of the occurrence which gave rise to the grievance or within seven week days of the date the employee(s) first reasonably should have known of the alleged violation;
f. it events which gave rise to the grievance, the written grievance shall specify be presented to the relief requested;
g. it Senior Vice President responsible for the Division (or their designated representative) Within 10 week days thereafter, the Senior Vice President responsible for the Division (or their designated representative) and up to two additional College representatives shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting meet with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance President and up to two additional Association representatives to discuss the grievancematter. Within ten (10) work days of the discussionIn a case involving discharge or disciplinary suspension without pay, the Superintendent grievant shall also be present if requested by either party, but shall not be entitled to pay. The Senior Vice President responsible for the Division (or his/her their designated agent representative) shall render his/her decision in writingthereafter place their written disposition and explanation upon the grievance and return it to the grievant within five week days after such meeting, transmitting with a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionPresident.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:Section 6.1: Definition
Step 1: The member/AssociationWithin five (5) working days after the discovery of the occurrence or the act or condition giving rise to the dispute (see exceptions, with or without a designated representativeSection 6.4), the aggrieved employee and Committeeperson shall discuss the grievance meet with the Supervisor informally to resolve the matter. The Supervisor must give an answer within five (5) work working days of the alleged violation and, if not resolved, after such meeting. shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work working days after from the receipt of the Step 1 answer, meet with the Supervisor to file a grievance in writing specifying the section of the Contract the employee alleges is violated, the nature of the events that caused the alleged violation, and the remedy he/she seeks, on forms furnished by the Union, and present two (2) copies to the Supervisor who shall have five (5) working days in which to reply in writing. In such meeting, specific reasons why the grievance is filednot settled will be given. If working days from receipt of the Supervisor’s answer then submit a copy of the Grievance to the Board’s designated Representative. A meeting will then be held as soon as possible, but no satisfactory conclusion is reached later than five (5) working days after submission of the grievance at Step 3, between the Board Representatives and the Grievance Committee with the employee for the discussion of the grievance. The decision of the Board Representative shall be made in writing within five (5) work working days following after the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance meeting. within five (5) work working days from receipt of the discussion with Board Representative’s answer then notify the Supervisor to Step 2. A grievance which is not within the scope Board in writing of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange their desire for a meeting with the grievant and/or Board (or a committee thereof). Such meeting, which will include the designated Association representative employee, committee and the Staff Representative, shall be arranged within five (5) working days from the receipt of such notice and the Board must give its written answer within ten (10) work working days after receipt the meeting. The grievance will be limited to the scope of the written grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision’s written answer.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. SECTION 1 A grievance shall be is defined as an alleged violationa question, misinterpretationcomplaint or dispute involving the interpretation or application of failure to comply with, or misapplication alleged violation of or a variance from the terms and provisions hereof. Any matter which is not specifically covered by the provisions of this Agreement or written Board policies affecting working conditions which is reserved to the discretion of the memberCommittee by the terms of this Agreement, shall not be the subject of a grievance. Should a member/Association feel that there has been a violationWhenever an administrator or group of administrators deems himself, herself or themselves aggrieved, he, she or they reduce the complaint to writing, in duplicate, on a serially numbered form to be mutually developed by the Parties, one copy for the School Committee or their agent, which shall set forth the circumstances complained of; shall make a full and complete disclosure as to the manner in which it is alleged that the Agreement is either misapplied, not complied with, violated or varied; and shall specify the relief sought. This language is not intended to preclude the aggrieved from inserting additional facts and information should same only come to his/she will take her attention or be discovered subsequent to the submitting of the initial complaint. The following steps:
Step 1: procedure shall then be followed. The member/Association, with administrator or without a designated representative, administrators aggrieved shall discuss present the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor occurrence or within five fifteen (515) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis date he/she/they knew of the facts giving occurrence which gives rise to the alleged violation;
d. it shall cite the section grievance, to his, her or subsections of this contract or written Board policy alleged their immediate superior and to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent . A meeting shall be held in an effort to resolve the grievance between the administrator or his/her designated agent shall arrange a meeting with administrators, the grievant and/or immediate supervisor and the designated Association representative or representatives from each building, within ten (10) work days after receipt of its submission as aforesaid. In the event that the grievance is not settled by the meeting at LEVEL ONE, the administrator or administrators or the Association may, within ten (10) days thereafter, submit the written grievance to the Superintendent of Schools and shall deliver a copy thereof to the Professional Rights and Responsibilities Committee of the grievance to discuss the grievanceAssociation. Within ten (10) work days of his/her receipt thereof the discussionSuperintendent shall meet with the administrator, administrators and/or the Professional Rights and Responsibilities Committee of the Association, in an effort to settle the grievance. The administrator or administrators may be accompanied by a member of the Professional Rights and Responsibilities Committee. Within ten (10) days after such meeting, the Superintendent shall advise the administrator or his/her designated agent shall render administrators and the Professional Rights and the Responsibilities Committee, in writing, of his/her decision in writing, transmitting a copy of concerning the same to grievance. In the grievantevent that the grievance is not settled at LEVEL TWO, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meetinggrievance may, within ten (10) work days of the LEVEL TWO answer, be submitted to the Committee. The Committee shall, within fifteen (15) days of its receipt thereof or at its next regular meeting, whichever is sooner, meet the administrator or administrators and/or the Professional Rights and Responsibilities Committee in an effort to settle the grievance. The Committee shall submit its written decision to the Professional Rights and Responsibilities Committee within ten (10) days of the Superintendent's decisiondate they heard the grievance. If the Association is not satisfied with the disposition of the grievance at LEVEL THREE, or the LEVEL THREE time limit expires without the issuance of the Committee’s written answer, then, the Association may submit this grievance to final and binding arbitration. If the demand for arbitration is not filed within two (2) weeks of the date of the School Committee’s LEVEL THREE reply, then the grievance will be deemed withdrawn. The procedures governing the arbitration process are set forth below:
1. The arbitration proceeding will be conducted under the rules of the American Arbitration Association. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Agreement. The award shall be final and binding on the School Committee, the Association and the grievant. The fees and expenses of the arbitrator shall be borne equally by the parties.
2. The arbitrator’s decision shall be rendered within thirty (30) days of its submission and shall not extend beyond the submission nor alter, amend, or modify the provisions of the Agreement. Nor shall the Arbitrator render a decision which shall impinge upon any reserved rights and duties of the Committee.
3. Notwithstanding any language in this Article, it is explicitly agreed that either party may invoke the arbitration procedures for alleged violations of the no-strike article of this Agreement. If the School Committee claims the Association has violated the No-Strike provision of the Agreement, it may present such claim to the Association, in writing, and if the parties fail to settle it within two (2) weeks, the School Committee may submit the problem to arbitration, under the provisions of this Article.
4. It is agreed that whenever the word Superintendent is used herein, it shall not be limited to the Superintendent himself/herself, as he/she or the Superintendent may name a designee to act in his/her stead; except that in no instance shall the designee be one who falls within the meaning of bargaining unit employee, under the provisions of Chapter 150E.
SECTION 2 The Professional Rights and Responsibilities Committee may, at any level of the foregoing procedure, refuse to prosecute the grievance further. Such refusal shall be immediately communicated to the Committee by the Professional Rights and Responsibilities Committee.
SECTION 3 If, in the judgment of the Professional Rights and Responsibilities Committee, a grievance affects a group or class of administrators, or, if so, in the judgment of the Professional Rights and Responsibilities Committee, a series of grievances are conceived with the same subject matter, it may submit the grievance or such series of grievances collectively at LEVEL TWO of the grievance procedure.
SECTION 4 To the extent possible, all proceedings shall be kept informal and confidential.
SECTION 5 Time limits, herein set forth, are considered maximums unless extended by mutual agreement in writing. It is agreed that Saturday, Sunday and legal holidays are excluded from the time limits referred to in this Article.
Appears in 2 contracts
Samples: Employment Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. 5.1 Any dispute between the City and the Guild or between the City and any employee covered by this Agreement concerning the interpretation, application, claim of breach, or violation of the express terms of this Agreement shall be deemed a grievance. The Guild or any employee within the bargaining unit who may feel aggrieved by the Employer’s interpretation or application of the terms of this Agreement may seek his/her remedy by the procedure provided in this Agreement. Throughout the grievance/arbitration procedure, an aggrieved employee shall have the rights guaranteed by RCW
5.1.1 An employee has the right to have a Guild representative, Guild officer or Shop Xxxxxxx present at each step of the grievance procedure.
5.2 A grievance shall be defined processed as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following stepsfollows:
Step 1: 1 - The member/Association, with or without a designated representative, grievance shall discuss be submitted in writing to the grievance with the Supervisor informally Parking Enforcement Section Commander within five twenty (520) work business days of the alleged violation and, if not resolved, contract violation. The grievance shall file include a written grievance with the Supervisor within fifteen (15) work days description of the alleged violation incident and discuss the written grievance with the Supervisor within five (5) work days after date it occurred. The parties agree to make every effort to settle the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2this stage promptly. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall Section Commander should consult and/or arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance employee’s supervisor or such other person as is necessary to discuss resolve the grievance. Within ten (10) work business days after being notified of the discussionalleged grievance, the Superintendent or his/her designated agent Section Commander shall render his/her decision make arrangements for a grievance meeting and shall answer the grievance in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, writing within ten (10) work business days after the grievance meeting.
Step 2 - If the grievance is not resolved as provided in Step 1, it shall be submitted in writing by the Guild to the Bureau Chief with a copy to the City Director of Labor Relations within ten (10) business days after the receipt of the SuperintendentStep 1 answer. The Step 2 grievance shall state the section(s) of the Agreement allegedly violated, provide a detailed explanation of the grievance, and identify the remedy sought. Step 3 - If the grievance is not resolved as provided in Step 2 above, the grievance, as presented in Step 2, as well as a statement of the Guild identifying in general those issues that remain unresolved, shall be forwarded by the Guild within ten (10) business days after the Step 2 answer to the City Director of Labor Relations with a copy to the Chief of Police. The Guild may also include a statement of the Guild’s reasons for not accepting the Step 2 response. Step 4 - If the alleged grievance is not settled in Step 3, it may be referred for arbitration by one or both parties. Upon notice of intent to arbitrate, the City and the Guild may mutually agree upon an arbitrator. If a mutual agreement on the arbitrator is not reached, either party may submit a request to the Public Employment Relations Commission (“PERC”) for a list of neutral arbitrators. Such reference to arbitration will be made within twenty (20) business days after decision in Step 3, and will be accompanied with the following information:
A. Identification of Section(s) of Agreement allegedly violated.
B. Details or nature of the alleged violation.
C. Position of party who is referring the grievance to arbitration.
D. Question(s) which the arbitrator is being asked to decide.
E. Remedy sought. The grievance must be submitted to binding arbitration within the time frame specified in Step 4 and processed within the time frame specified in Step 4 after receipt of notification from the Alternative Dispute Resolution (“ADR”) Coordinator that the grievance was not resolved in mediation. The City and the Guild will meet to select, by mutual agreement or by alternatively striking names, an arbitrator to hear the parties’ dispute. If the striking method is used, the first party to strike a name will be determined by a coin toss. If the initiating party fails to begin the process for the selection of an arbitrator and, as a result, an arbitrator is not selected within ninety (90) calendar days of the referral to arbitration, the referral to arbitration shall be deemed withdrawn. At any point subsequent to the submission of the grievance, the parties may agree to submit the dispute to a voluntary mediation process through the City’s ADR process or to a mutually agreed upon mediator. Following a joint agreement to send the dispute to mediation, the grievance shall be held in abeyance until either, or both, party(ies) decide to end the mediation process, at which point the step timelines specified herein shall resume.
5.3 The parties agree to abide by the award, which shall be final and binding.
5.4 In connection with any arbitration proceeding held pursuant to this Agreement, it is understood as follows:
A. The arbitrator shall have no power to render a decision that will add to, subtract from, or alter, change, or modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of only the express terms of this Agreement.
B. The decision of the arbitrator regarding any arbitrable difference shall be final, conclusive, and binding upon the City, the Guild, and the employees involved.
C. The cost of the arbitrator shall be borne equally by the City and the Guild, and each party shall bear the cost of presenting its own case. [Note: One party could bear the cost of the arbitrator for disciplinary grievances submitted to arbitration under the Offer of Settlement procedure.]
D. The arbitrator's decisiondecision shall be made in writing and shall be issued to the parties within thirty (30) calendar days after the case is submitted to the arbitrator.
5.5 Any time limits stipulated in the grievance procedure may be extended for stated periods of time by the appropriate parties by mutual agreement in writing. Similarly, any aspect of this Article may likewise be modified by written agreement of the parties.
5.6 A grievance in the interest of ten (10) or more of the employees in the bargaining unit shall be reduced to writing by the Guild and may be introduced at Step 2 of the grievance procedure and be processed within the time limits set forth herein. A grievance in the interest of a majority of the employees in the bargaining unit shall be reduced to writing by the Guild and may be introduced at Step 3 of the grievance procedure and be processed within the time limits set forth herein.
5.7 Employees covered by this Agreement shall follow all written and verbal directives even if such directives are allegedly in conflict with provisions of this Agreement; provided however, that this provision does not impair the right to subsequently grieve such directive and to obtain appropriate recourse for said alleged violation.
5.8 Failure by an employee or the Guild to comply with any time limitations of the procedure in this Article shall constitute withdrawal of the grievance. Failure by the City to comply with any time limitation of the procedure in this Article shall allow the Guild to proceed to the next step without waiting for the City to reply at the previous step.
5.9 Arbitration awards or grievance settlements shall not be retroactive beyond the date of the occurrence or non-occurrence upon which the grievance is based, that date being twenty (20) business days or less prior to the initial filing of the grievance.
5.10 Either party may make an Offer of Settlement to encourage settlement of a grievance in advance of a scheduled arbitration hearing. However, in the event a party refuses to accept an Offer of Settlement and recovers less than was offered in such Offer of Settlement, said party will be required to bear all of the costs of arbitration, excluding attorney and witness fees, contrary to Section 5.4 above.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance 6.01 The Union shall have the right to appoint or elect from amongst the Contractors one xxxxxxx to assist such Contractors in the presentation of their grievances. The Union shall notify the Company of the name of the xxxxxxx before the Company shall be defined as an alleged violation, misinterpretation, required to recognize him.
6.02 Any complaint or misapplication grievance alleging violation of this Agreement agreement including any dispute with regard to its meaning or written Board policies affecting working conditions of the member. Should interpretation, shall be considered as a member/Association feel that there has been a violation, he/she will take grievance and dealt with in the following steps:
Step 1manner: The member/Association, with or without a designated representative, aggrieved contractor and the xxxxxxx shall discuss the grievance incident with the Service Supervisor. The Service Supervisor informally shall render his decision within seven (7) calendar days. Failing settlement, then: Within five (5) work calendar days following the decision in Step No. I the aggrieved contractor shall submit a written grievance, referring to that part(s) of the Agreement which has allegedly been violated, to the Manager. The Manager will meet with the Contractor who will be accompanied by the xxxxxxx and an International Representative of the Union within seven (7) calendar days of receipt of the written grievance. The Manager will give his decision, in writing, within seven (7) calendar days of such meeting.
6.03 Failing a settlement under Step No. 2 of any difference between the parties arising from the interpretation, application, administration, or alleged violation andof this Agreement, including any question as to whether a matter is arbitrable, such difference may be taken to arbitration as hereinafter provided, and if not resolved, shall file a no written grievance with the Supervisor request is received within fifteen twenty (1520) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work calendar days after the grievance decision in Step No. 2 is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisorgiven, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged deemed to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Associationabandoned.
Step 2: The Superintendent 6.04 No complaint or his/her designated agent shall arrange a meeting with grievance may be submitted or considered under the grievant and/or the designated Association representative Grievance Procedure unless it has been presented within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work working days of the discussionUnion first becoming aware of the incident(s) giving rise to the complaint or grievance.
6.05 Any complaint or grievance arising directly between the Company and the Union shall be originated under Step No. 2.
6.06 All decisions arrived at between the representatives of the Company and the Union shall be final and binding upon the Company, the Superintendent Union, and the Contractor or his/her designated agent shall render his/her decision in writing, transmitting a copy of Contractors concerned.
6.07 It is understood that the same Grievance procedure applies to all Contractors except with respect to the grievant, the Association representative, and appropriate Supervisor, and place discharge of a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten Contractor having less than ninety (1090) work days of receipt of the Superintendent's decisiondays’ continuous service.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as is an alleged violationunsettled complaint by an employee, misinterpretationgroup of employees, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel Union alleging that there has been a violation, he/she will take misinterpretation or misapplication of any provision of this Agreement or any existing rule, order or regulation of the following steps:Board relating to wages, hours or terms and conditions of employment.
Step 1: . The member/Association, with grievance procedure shall not apply to any matter which is prescribed by law or state regulations over which the Board is without power to act. Any dispute involving a designated representative, shall discuss prohibited subject of bargaining is excluded from the grievance with procedure and not within the Supervisor informally authority of an arbitrator
2. No dispute over the modification of this Agreement shall be made the subject of a grievance.
B. If the Liaison Board is unable to resolve the issue, a formal grievance may be filed within five (5) work school days of the alleged violation anddetermination that this is so, if not resolvedon the form set forth, annexed hereto, and signed by the grievant and Union representative, which form shall file a written grievance with the Supervisor within fifteen (15) work days be made available to each Building Representative. A copy of the alleged violation and discuss grievance form shall be delivered to the written principal or supervisor.
C. If a grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisorinvolves more than one school building, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority it may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed with the Superintendent or a representative designated by the grievant(s)/Associationhim/her.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section D. Within three (3) school days or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten three (103) work days calendar weeks, whichever is earlier, after receipt of the grievance grievance, the principal or supervisor shall meet with the Union Grievance Committee in an effort to discuss resolve the grievance. The principal or supervisor shall indicate his/her disposition of the grievance in writing and the supporting reasons therefore, within three (3) days of such meeting and shall furnish a copy thereof to the Union.
E. Within twenty (20) school days after the delivery of the decision, the grievance may be appealed to the Superintendent.
F. Within ten (10) work school days after delivery of the discussiondecision, the Superintendent or his/her designated agent his designee shall render his/her decision meet with the Union Grievance Committee on the grievance and shall indicate his disposition of the grievance in writing, transmitting along with the reasons therefore, and shall furnish a copy of the same thereof to the grievant, the Association representative, and appropriate Supervisor, and place a copy Union.
G. Within ten (10) school days after delivery of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Associationor his designee, the Association grievance may appeal same be appealed to the Board of Education by filing a written copy of the grievance accompanied by copies of previous decisions, with the Secretary or other designee of the Board.
I. The Board, no later than its next regular meeting, or two (2) calendar weeks, whichever is later, shall hold a hearing on the grievance. At such hearing, along the aggrieved shall have the right to be represented by Union Counsel. Participants in this hearing, including witnesses, shall be given at least three (3) days notice of the hearing.
I. Within seven (7) days after this hearing, the Board shall communicate its decision in writing, together with supporting reasons, to the principal, the Superintendent, the Union, Counsel for the Union (if any) and to the aggrieved.
J. Within ten (10) days after receipt of the decision of the SuperintendentBoard, with the officer Union may appeal the decision to binding arbitration under the auspices and rules of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionAmerican Arbitration Association.
Appears in 2 contracts
Samples: Support Staff Contract, Support Staff Contract
GRIEVANCE PROCEDURE. A. A 9.01 The Employer and the Union recognize that grievances may arise concerning:
(a) Differences between the Parties respecting the interpretation, application, operation or any alleged violation of a provision of this Agreement, including a question as to whether or not a matter is subject to arbitration; or
(b) The dismissal, discipline or suspension of an employee bound by the Agreement. The purpose of this Article is to provide the sole method for the settlement of a grievance alleging the violation of a specific provision of this Agreement. Such a grievance shall be defined as an alleged violationpresented and processed in accordance with the steps, misinterpretation, or misapplication of this Agreement or written Board policies affecting working time limits and conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:set forth herein.
Step 1: 1 The member/Associationemployee, with or without a designated representativeShop Xxxxxxx or Union Committee member (at the employee’s option), shall first discuss the grievance with the Supervisor informally his/her immediate supervisor or department head within five seven (57) work calendar days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days occurrence of the alleged violation and discuss grievance. In this first step, both parties shall make every effort to settle the written grievance with the Supervisor within five (5) work days after dispute. If the grievance is filed. If no satisfactory conclusion is reached within five not settled at this step, then:
Step 2 The grievance shall be reduced to writing by:
(5a) work days following Recording the discussion grievance on the appropriate grievance form, setting out the nature of the written grievance with and the Supervisor, circumstances from which it arose;
(b) Stating the member/Association shall submit the written grievance within five (5) work days article of the discussion with Agreement infringed upon or alleged to have been violated and the Supervisor to Step 2. A remedy or correction required;
(c) The grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specificemployee and a Shop Xxxxxxx or Union Committee member;
c. it (d) The supervisor shall contain a synopsis acknowledge receipt of the facts giving rise to written grievance by signing and dating the alleged violation;grievance form at the time the grievance is presented; and
d. it shall cite the section or subsections (e) Within seven (7) calendar days of this contract or written Board policy alleged to have been violated;
e. it shall contain the date receipt of the alleged violation;
f. it written grievance, the supervisor or the department head shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or give his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of written reply. If the grievance is not settled at this step, then;
Step 3 The Union Committee and the Committee on Labour Relations, or its delegate, shall meet within twenty- one (21) calendar days or other mutually agreed to time to discuss the grievance. Within ten At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Committee on Labour Relations shall be presented to the Union in writing within seven (107) work calendar days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her officemeeting. If the decision of grievance is not settled at this step, either party may refer the Superintendent is unsatisfactory grievance to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, arbitration under Article 10 or Article 11 within ten (10) work days of receipt of the Superintendent's decision.thirty
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be is defined as an alleged violationviolation of a specific article or section of this Agreement. If any such grievance arises, misinterpretation, there shall be no stoppage or misapplication suspension of work because of such grievance; but such grievance shall be submitted to the following grievance procedure.
1. It is expressly understood that no tenured teacher shall use the grievance procedure to dispute any action of the Board which is appealable to the State Tenure Commission.
2. An alleged violation of this Agreement which resulted in the termination of services or written Board policies affecting working conditions failure to re‐employ any probationary teacher or the placing of a non‐tenured teacher on a third year of probation, shall not progress beyond Section F (Step 4) of this grievance procedure. It is expressly understood that such grievance shall not be submitted to arbitration.
3. The failure to employ or reemploy any teacher to a position on Schedule B shall not be the basis for a grievance.
B. An individual teacher shall have the right at any time to present a grievance as herein defined and to have the grievance fully adjusted without intervention of the member. Should a member/Association feel that there has been a violationor its representatives, he/she will take as long as the following steps:adjustment is not inconsistent with the terms of this Agreement.
C. (Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within ) Within five (5) work working days of the alleged violation andtime of grievance arises, if not resolvedthe teacher or the Association will present, shall file during lunch periods or after working hours, a written grievance with to the Supervisor within fifteen (15) work appropriate administrator involved. Within four working days after presentation of the alleged violation and discuss grievance, the written administrator shall give his/her answer orally to the teacher. From June 1 to August 31, every effort will be made to resolve the grievance with the Supervisor within five in a timely manner.
D. (5Step 2) work days after If the grievance is filed. If no satisfactory conclusion is reached not resolved in Step 1, the Association may, within five three (53) work working days following the discussion of receipt of the administrator’s answer, submit to the Superintendent a written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days “Statement of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be Grievance” signed by the grievant(s)/Association.
b. it teacher. A copy shall be specific;
c. it given to the administrator at the same time. The “Statement of Grievance” shall contain a synopsis name the teacher involved; shall identify all provisions of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy Agreement alleged to have been violated;
e. it be in violation by appropriate reference; shall contain state the date contention of the alleged violation;
f. it teacher and of the Association with respect to these provisions; and shall specify indicate the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: . The Superintendent Superintendent, or his/her designated agent representative, shall arrange a meeting with give the grievant and/or the designated Association representative within ten an answer in writing no later than five (105) work working days after receipt of the grievance to discuss the written grievance. Within ten (10) work days If further investigation is required, additional time may be allowed by mutual agreement of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionparties.
Appears in 2 contracts
GRIEVANCE PROCEDURE. A. Section 1: A grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the memberteacher. The following matters shall not be the basis of any grievance filed under the procedure outlined in this Article:
(a) The termination of services or failure to re-employ any probationary teacher.
(b) Placing of a non tenure teacher on a fourth year of probation.
(c) Any matter covered by the Michigan Teacher Tenure Act, including those areas where the Tenure Act prescribes a procedure or authorizes a remedy such as discharge and/or demotion. Should a memberteacher/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The memberteacher/Association, Association with or without a designated representative, shall discuss the grievance with the Supervisor principal informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor principal within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor principal within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisorprincipal, the memberteacher/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor principal to Step 2. A grievance which is not within the scope of a Supervisorbuilding principal's authority may be filed initially at step Step 2. The written grievance, as required herein, shall containcontain the following:
a. (1) it shall be signed by the grievant(s)/Association.;
b. (2) it shall be specific;
c. (3) it shall contain a synopsis of the facts giving rise to the alleged violation;
d. (4) it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. (5) it shall contain the date of the alleged violation;
f. (6) it shall specify the relief requested;
g. (7) it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative at the option of the grievant within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representativesecretary, and appropriate Supervisorbuilding principal in which the grievance arose, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent superintendent is unsatisfactory to the Association, grievant/Association the grievant/Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendentsuperintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, meeting within ten (10) work attendance days of receipt of the Superintendentsuperintendent's decision.
Appears in 2 contracts
Samples: Professional Employment Contract, Professional Employment Contract
GRIEVANCE PROCEDURE. A. 14.1 A grievance shall be defined as an alleged claim by a teacher or group of teachers, that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement may be processed as a grievance as hereinafter provided.
14.2 The following matters shall not be the basis of any grievance filed under the procedures outlined in this Article.
A. The termination of services or written Board policies affecting working conditions failure to reemploy any probationary teacher.
B. The placing of a non-tenure teacher on the memberfifth year of probation.
C. The process of teacher evaluation, provided that procedures listed in Article 11, paragraph 11.1 through 11.13 have been followed.
D. Any complaint or claim for which there is another remedial procedure or form established by law or regulation having the force of law.
14.3 Procedures:
A. Level One
1. Should In the event that a member/Association feel that teacher believes there has been is a violationbasis for a grievance, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss first file the grievance with the Supervisor informally his/her building principal within five ten (510) work working days of such grievance.
2. At this meeting, and any subsequent meetings concerning this grievance, the alleged violation andteacher may be represented, if not resolvedso desired, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent 3. A grievance affecting two or his/her designated agent more teachers may be filed by the Association.
4. Within five (5) working days of the receipt of the grievance, the building principal shall arrange a meeting meet with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten five (105) work working days of the discussiongrievance hearing, the disposition of the grievance will be made in writing in accordance with the grievance form.
B. Level Two
1. In the event the grievant(s) is not satisfied with the disposition of the grievance by the building principal, the grievance may be filed in writing with the Superintendent or his/her designated agent within five (5) working days of the disposition by the building principal.
2. Within five (5) working days of the receipt of the grievance, the building principal and the Superintendent shall meet with the grievant(s) to consider the grievance. The Superintendent shall render his/her a decision in writing, transmitting a copy within five (5) working days of this meeting.
C. Level Three
1. In the same to event the grievant, grievant(s) is not satisfied with such decision the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association grievance may appeal same to the Board of Education by filing a written grievance, along be filed with the decision of the Superintendent, with the officer secretary of the Board in charge of drawing up the agenda for the Board's meeting, within ten five (105) work working days of the receipt of the Superintendent's decision.
2. Within ten (10) working days from receipt of the grievance, the Board shall consider the grievance. The Board may hold a hearing thereon, may designate one or more of its members to hold a hearing or otherwise investigate the grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance provided, however, that in no event, except with the express written consent of the Association, shall final written determination of the grievance be made by the Board more than ten
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A grievance 5.01 For the purpose of this Agreement, any dispute as to the meaning, application or interpretation of any of the provisions of this Agreement, including the discipline or discharge of employees covered by this Agreement, and any question as to whether a matter is arbitrable, shall be defined considered as an a grievance and handled as set forth in this Article. The following procedure will be followed in the settlement of such disputes arising out of this Agreement:
Step 1 An employee who has a complaint relating to the interpretation, application or alleged violation, misinterpretation, or misapplication violation of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance his/her complaint with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the his/her immediate Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with time when the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts incident giving rise to the alleged violation;
d. it shall cite the section complaint became known or subsections of this contract or written Board policy alleged ought reasonably to have been violated;
e. it shall contain become known to the date employee. The Supervisor will then have a maximum of two (2) days to respond in writing to the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Associationemployee.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. 2 If the decision of the Superintendent Supervisor is unsatisfactory not acceptable to the Associationemployee, the Association employee may appeal same then present a written grievance on the approved form to the Board of Education by filing a written grievance, along with District Manager who will then have two (2) days to respond in writing.
Step 3 If the decision of the SuperintendentDistrict Manager is not acceptable to the Grievor, the grievance may be appealed in writing within two (2) days to the Vice President of Operations, after which a meeting will then take place with the officer designated representative of the Board in charge Employer and an authorized Union Representative within a further two (2) days.
5.02 Grievance pertaining to the alleged violation of drawing up the agenda for the Board's meetinghours-of-work, rates-of- pay, overtime provisions, pay disciplinary matters must be submitted within ten thirty (1030) work days of receipt such alleged violation occurring. The Employer will not be responsible for any financial liability beyond this thirty (30) day period.
5.03 Probationary employees shall be considered as being employed on a trial basis, and may be terminated where the employee is considered, in the judgement of the Superintendent's Employer, to be unsuitable. The termination of a probationary employee can be based on a lesser standard than that for a seniority employee, should generally be at the discretion of the Employer, and should only be modified where the Employer has no basis for its decision.
5.04 A claim by an employee that he/she has been discharged or suspended without just cause may be treated as a grievance which shall commence at the third (3rd) step of the Grievance Procedure within three (3) days following the discharge or suspension.
5.05 The time limits set forth at the various steps of the Grievance and Arbitration Procedure may only be extended by mutual consent in writing, signed by both parties.
5.06 No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure.
5.07 Any grievance not presented and/or carried forward within the time limits as set forth under any steps of the Grievance and Arbitration Procedure, or any longer periods which may have been mutually agreed upon as set out above, shall be deemed null and void, and settled on the basis of the last Employer response.
5.08 A grievance which has not been disposed or pursuant to the Grievance Procedure provisions of this Article shall not again be made the subject matter of a grievance.
5.09 An employee who has been discharged shall have the right to interview the Xxxxxxx in a suitable place for a reasonable period of time before leaving the premises, unless the continued presence of that employee poses a danger to the facility or any of its employees.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretationviolation of the express terms of this contract. It is expressly understood that the grievance procedure shall not apply to those areas in which the Tenure Act prescribes a procedure or authorizes a remedy (discharge and/or demotion), or misapplication of this Agreement or written Board policies affecting to initial placement on the salary schedule.
B. The term "days" as used herein shall mean working conditions of days in which school is in session.
C. Written grievances as required herein shall contain the member. Should a member/Association feel that there has been a violation, he/she will take the following stepsfollowing:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it It shall be signed by the grievant(s)/Association.grievant or grievants;
b. it 2. It shall be specific;
c. it 3. It shall contain a synopsis of the facts giving rise to the alleged violation;
d. it 4. It shall cite the section or subsections subsection of this contract or written Board policy alleged to have been violated;
e. it 5. It shall contain the date of the alleged violation;
f. it 6. It shall specify the relief requested;
g. it 7. It shall indicate approval or disapproval by be submitted on the Associationgrievance form (Appendix E). Any written grievance not substantially in accordance with the above requirements may be rejected as improper. Such a rejection shall not extend the limitations hereinafter set forth.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt D. Level One - Specialists believing themselves wronged by an alleged violation of the grievance to expressed provisions of this contract shall within five (5) days of its alleged occurrence orally discuss the grievancegrievance with his immediate supervisor in an attempt to resolve same. Within ten If no resolution is obtained within three (103) work days of the discussion, the Superintendent or his/her designated agent specialist shall render his/her reduce the grievance to writing and proceed within five (5) days of said discussion to Level Two. If no decision in writing, transmitting a copy is rendered within five (5) days of the same to the grievantdiscussion, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If or the decision of the Superintendent is unsatisfactory to the grievant and the Association, the Association grievant may appeal same to the Board of Education by filing a written grievance, grievance along with the decision of the Superintendent, Superintendent with the officer of the Board in charge of drawing up the agenda for the Board's meeting not less than five (5) days prior to the next regularly scheduled Board meeting. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the immediate supervisor of the grievant, the grievant, and the President of the Association. The following matters shall not be arbitrable: The termination of services of or failure to re-employ any specialist. Any matter involving specialist evaluation.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may, within ten (10) work days of receipt after the decision of the Superintendent's decisionBoard, refer the matter for arbitration to the American Arbitration Association, in writing, and request the appointment of an arbitrator to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitration Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing, pre-hearing statement alleging facts, grounds and defense which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive and binding employees, the Board and the Association: subject to the right of the Board or the Association to judicial review. All arbitration proceedings are subject to the procedures and requirements contained in the Michigan Uniform Arbitration Act, MCL 621.1681 et seq.
4. Powers of the arbitrator are subject to the following limitations:
a. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement.
b. He/she shall have no power to establish salary scales or to change any salary schedule.
c. He/she shall have no power to interpret state or federal law.
d. He/she shall not hear any grievance previously barred from the scope of the grievance procedure.
5. After a case on which the arbitrator is empowered to rule hereunder has been referred to him/her, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the procedural arbitrability of any grievance under the terms of this Agreement, the arbitrator shall rule upon arbitrability prior to hearing the case on the merits. In the event that a case is appealed to the arbitrator on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits.
7. More than one grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of the arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
E. Should an employee fail to institute a grievance within the time limits specified, the grievance will not be processed. Should an employee fail to appeal a decision within the limits specified, or leave the employ of the Board, (except a claim involving a remedy directly benefiting the Grievant regardless of his/her employment), all further proceedings on a previously instituted grievance shall be barred. Time limits specified herein may be extended upon mutual consent.
F. The Association shall have no right to initiate a grievance involving the right of an employee or group of employees without his/her or their express approval in writing.
G. All preparation, filing, presentation or consideration of grievances shall be held at a time other than when an Employee or a participating Association representative are to be at their assigned duty stations.
H. Where no monetary loss has been caused by the action of the Board complained of, the Board shall be under no obligation to make monetary adjustments and the arbitrator shall have no power to order one.
I. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or non-occurrence of the event upon which the grievance is based. In no event, however, shall the settlement be earlier than thirty (30) days prior to the date of which the grievance is filed.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. 6.01 A grievance shall be defined as an alleged violationany difference or dispute between the Employer and any seniority employee of the Employer regarding the interpretation, misinterpretationapplication, or misapplication administration of this Agreement, including any question as to whether a matter is arbitrable and an allegation that this Agreement has been violated. Employees shall process their grievances in the manner and within the time limits prescribed in this Article and Articles 7 and 8 of this Agreement. A probationary employee shall only be entitled to file a grievance regarding his or her discharge, if he or she alleges that such discharge was arbitrary, discriminatory, or in bad faith, proof of which shall be upon the grievor.
6.02 Notwithstanding section 48 (16) of the Labour Relations Act (or any successor section thereof), any time limit referred to in this Article and/or Article 7 and/or Article 8 of this Agreement within which any procedure is required to be taken, or written Board policies affecting working conditions of within which a decision is required to be delivered, or within which a notice is required to be given, are mandatory and may only be extended by mutual agreement in writing between the memberEmployer and the Union. Should a member/Association feel Failure to abide by the time limits as set forth in Article 6, 7, or 8, will result in the grievance being deemed to be resolved in the other party’s favor, without prejudice or precedent.
6.03 A seniority employee who feels that there has been a violationviolation of the collective agreement may file a grievance in the following manner:
Step 1 The employee concerned shall submit his/her grievance in writing, through their committeeperson or alternate committeeperson, to his/her Supervisor within seven (7) calendar days of the time when the alleged violation is known or ought to be known. The Supervisor shall deliver his/her decision in writing to the committeeperson or alternate committeeperson within seven (7) calendar days after the date on which he/she will take received the following steps:written grievance.
Step 1: The member/Association, with or without a designated representative, shall discuss 2 If the grievance with decision of the Supervisor informally is not satisfactory to the employee, the employee may appeal the decision by filing an appeal in writing, through the Plant Chairperson to the Manager of Human Resources, or his/her designate, within five (5) work calendar days after the committeeperson or alternate committeeperson has received the decision of the alleged violation andSupervisor. The Manager of Human Resources, if not resolved, shall file or his/her designate will have a written grievance meeting with the Supervisor Plant Chairperson at which time the employee’s appeal will be discussed. The Manager of Human Resources, or his/her designate, will deliver his/her decision in writing to the Plant Chairperson within fifteen seven (157) work calendar days after the meeting.
Step 3 If the decision of the alleged violation and discuss Manager of Human Resources, or his/her designate, is not satisfactory to the written grievance with employee, the Supervisor employee may appeal the decision by filing an appeal in writing, through the Plant Chairperson to the Director of Human Resources, or his/her designate, within five (5) work calendar days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following Plant Chairperson has received the discussion decision of the written grievance with the SupervisorManager of Human Resources, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt designate. The Director of the grievance to discuss the grievance. Within ten (10) work days of the discussionHuman Resources, the Superintendent or his/her designated agent shall render designate, will have a monthly meeting with the Plant Committee and the National Representative at which time the employee’s appeal will be discussed. The Director of Human Resources, or his/her designate, will deliver his/her decision in writingwriting to the Plant Chairperson within seven (7) calendar days after the meeting. The parties will meet at the first of each year and determine dates for monthly step 3 meetings to be held, transmitting a copy as required.
6.04 If the written decision of the same to the grievantDirector of Human Resources, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in or his/her officedesignate, as provided for in Step 3 of sub-article 6.03 of this Agreement, is not satisfactory to the employee, and provided the complaint and the grievance have been processed in the manner hereinbefore laid down, within the time limits prescribed, the grievance may by taken to arbitration in accordance with Article 8 of this Agreement.
6.05 The Union or the Employer may file a grievance involving the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable and an allegation that this Agreement has been violated; provided however that, in the case of a grievance filed by the Union, the subject matter thereof must not be properly the subject matter of an individual grievance by an employee as hereinbefore provided.
6.06 A grievance filed by the Union must be filed, in writing, with the Director of Human Resources, or his/her designate, within seven (7) calendar days after the date on which the circumstances giving rise to the grievance became known or ought to have been known. A grievance filed by the Employer must be filed in writing with the Plant Chairperson within seven (7) calendar days after the date on which the circumstances giving rise to the grievance became known or ought to have been known. After the filing of a Union or Employer grievance, as aforesaid, the grievance shall be dealt with as at Step 3 of the grievance procedure prescribed in sub-article 6.03 of this Agreement. If the decision of the Superintendent grievance is unsatisfactory to the Associationnot resolved at that meeting, the Association grievance may appeal same be taken to the Board of Education by filing a written grievance, along arbitration in accordance with the decision procedure set out in Article 8 of this Agreement, provided the Superintendent, with grievance has been processed in the officer of manner hereinbefore laid down and within the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisiontime limits prescribed.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. 32.01 A grievance is a dispute or misunderstanding between one or more Employees, or the Union acting on its own behalf or on behalf of the Employee(s), and the College regarding the interpretation, application, operation, contravention or alleged contravention of this Collective Agreement as well as any complaint alleging unjust treatment, unfair working conditions or unjust disciplinary action. All such grievances shall be defined as an alleged violationdealt with through the Grievance Procedure.
32.02 For the purposes of Article 32, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions Employee means a current Employee of the memberCollege or a former Employee of the College terminated as per Article 34 or Article 31. Should In the case of a member/Association feel that there has been former Employee, the former Employee shall have access to the Grievance Procedure commencing at Step 3 (Clause 32.04(c)) for a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within period of five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work working days following the discussion receipt of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five notice of termination.
32.03 An Employee complaint alleging harassment or discrimination may be presented commencing at Step 2 (5Clause 32.04(b)) work days of the discussion with the Supervisor to Step 2. A Grievance Procedure.
32.04 When an Employee grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievancearises, as required herein, shall contain:
a. it shall be signed by settled in the grievant(s)/Association.following manner:
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain (a) Step 1: Within fourteen (14) calendar days from the date of the alleged violation;
f. it incident or knowledge of the incident, the Employee(s) concerned shall specify first seek to settle the relief requested;
g. it grievance in discussion with their out-of-scope supervisor. The Employee(s) concerned shall indicate approval or disapproval by the Associationbe entitled to have a Union Representative present during these discussions.
(b) Step 2: The Superintendent or his/her designated agent shall arrange If the grievance is not resolved satisfactorily in Step 1, a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt written statement of the grievance shall be submitted by the Union Representative on behalf of the grievor(s) to discuss the grievance. Within ten Chief Human Resources Officer within fourteen (1014) work calendar days of the discussionStep 1 meeting. Within fourteen (14) calendar days of receiving the statement of grievance, the Superintendent Chief Human Resources Officer shall arrange to meet with the parties involved in Step 1 of the grievance and a Union representative with a view to resolving the grievance.
(c) Step 3: If the grievance is not resolved satisfactorily in Step 2, a written statement of grievance shall be submitted by the Union Representative on behalf of the grievor(s) to the President of the College (or his/her designated agent designate) within fourteen (14) calendar days of the Step 2 meeting. Within fourteen (14) calendar days of receiving the statement of grievance, the President of the College (or designate) shall hold a hearing with the Union and the parties involved and shall render his/her a decision in writing, transmitting a copy writing within seven (7) calendar days of the same to hearing.
(d) Step 4: If the grievantgrievance is not resolved satisfactorily in Step 3, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory grievance may be referred to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, arbitration within ten (10) work days of receipt of the Superintendent's decision.twenty-eight
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A It is the intent of the parties to this Agreement the grievance procedure set forth herein shall be defined serve as an alleged violation, misinterpretation, or misapplication a means for a peaceful settlement of disputes that may arise between them as to the application and interpretation of this Agreement or written Board policies affecting working other conditions of employment. In order to be a proper matter for the membergrievance procedure, the grievance must be presented within ten (10) working days of the employee's knowledge of its occurrence. Should The Employer will answer, in writing, to the Association any grievance presented to it.
Step 1 - Any employee having a member/Association feel that there has been a violation, he/she will take complaint shall present it to the following stepsEmployer as follows:
Step 1: The membera) If an employee has a complaint, s/Association, he shall discuss the problem with an administrator with or without a designated representativean Association Representative(s).
b) If the matter is not disposed of, shall discuss it will be submitted in written form by the Association to an administrator. Upon receipt of the grievance with the Supervisor informally administrator shall sign and date the employee's copy of the grievance.
c) The administrator shall give his/her answer to the Association in writing within five (5) work working days after receipt of the alleged violation andgrievance.
Step 2 - If the answer is not satisfactory to the Association, if not resolved, it shall file a written grievance with be presented in writing by the Supervisor within fifteen (15Association Representative(s) work days of to the alleged violation and discuss the written grievance with the Supervisor Superintendent or his/her designee within five (5) work working days after the grievance administrator's response is fileddue. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent designee shall arrange a meeting with sign and date the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievanceAssociation's copy. Within ten (10) work days of the discussion, the The Superintendent or his/her designated agent designee shall render his/her decision respond to the Association in writing, transmitting a copy writing within five (5) working days of receipt of the same to grievance.
Step 3 - If the grievantgrievance remains unsettled, it shall be presented by the Association representative, and appropriate Supervisor, and place a copy of same Representative(s) in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same writing to the Board of Education by filing a written grievance, along with or their official designee within five (5) working days after the decision response of Step 2 is due. The Board or official designee shall sign the Superintendent, with Association's copy. The Board shall respond in writing to the officer of Association within five (5) working days following the next official Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 2 contracts
Samples: Master Contract Agreement, Master Contract Agreement
GRIEVANCE PROCEDURE. A. 9.1 A grievance shall be is defined as an alleged violation, misinterpretation, or misapplication violation of a specific provision of this Agreement Agreement.
9.2 A grievance must be filed within ten (10) days of its occurrence or written Board policies affecting working conditions when the employee by reasonable diligence should have known of the memberits occurrence. Should a member/Association feel that there has been a violation, he/she will take Grievances shall be processed in the following stepsmanner:
Step 1: The member/Association, with or without matter will be discussed orally between the aggrieved employee and the employee’s immediate supervisor who is not a designated representative, member of this bargaining unit. The Union representative may be present if requested by the grievant(s). A decision shall discuss the grievance with the Supervisor informally be rendered within five (5) work days of working days.
Step 2: If the alleged violation and, if grievant is not resolved, shall file a written grievance satisfied with the Supervisor within fifteen (15) work days of immediate supervisor’s decision, he/she may appeal the alleged violation and discuss decision to the written grievance with the Supervisor Building Principal within five (5) work days after the receipt of the decision of the immediate supervisor. The appeal shall be in writing and must specify:
A. The nature of the grievance, i.e. the specific provisions of the contract which have been violated or misinterpreted or misapplied.
B. The injury and the loss which is claimed, i.e., the specific loss to the employee in pay or benefits.
C. The remedies sought.
D. Date of the alleged violation or misapplication. The Building Principal shall investigate the matter and communicate the decision in writing to the grievant within ten (10) days from receipt of the written grievance.
Step 3: If the grievance is filed. If no satisfactory conclusion is reached not adjusted to the grievant's satisfaction in Step 2, the grievance may be further appealed to the superintendent in writing within five (5) work days following the discussion after receipt of the written grievance Step 2 decision. The superintendent will meet with the Supervisor, Union representative and the member/Association shall submit Grievant and examine the written grievance within five (5) work days facts of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2grievance. The written grievance, as required herein, superintendent shall contain:
a. it shall be signed by investigate the grievant(s)/Association.
b. it shall be specific;
c. it shall contain grievance and render a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative decision in writing within ten (10) work days after the receipt of the grievance to discuss the grievance. appeal.
Step 4: Within ten (10) work working days of the discussion, grievance being referred to this Step the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting School Board will hold a copy hearing with the participants and examine the facts of the same grievance. The School Board will thereafter within ten (10) working days of such hearing will give their answer. If the grievance is not settled it may be referred to the grievant, the Association representative, and appropriate Supervisor, and place a copy Arbitration as set forth in Step 5 of same in a permanent file in his/her office. this procedure.
Step 5: If the decision of the Superintendent is unsatisfactory to School Board does not resolve the Associationgrievance, the Association may Union shall have the sole right to appeal same that decision and the matter shall be submitted to arbitration providing the Union notifies the School Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, such request within ten (10) work days of receipt of the Superintendent's decision.ten
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement