Common use of Grievance Process Clause in Contracts

Grievance Process. Step 1. If the discussion related to an informal complaint does not resolve the grievance to the satisfaction of the unit member, the unit member(s) shall have the right to lodge a written grievance with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievable. If the grievance is not within the authority of the immediate supervisor to resolve, with the approval of the Director of Certificated/Licensed Personnel the written grievance may be filed directly at Step 2 of the grievance process and bypass the Step 1 filing. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within ten (10) days after receipt of a written grievance, the immediate supervisor shall respond in writing to the grievant(s) concerning his/her final position or decision regarding the grievance. A copy of the supervisor’s response shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, within ten (10) days after the unit member receives the written decision from the immediate supervisor. If either party requests a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appeal. Step 3. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), the Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section of this Master Contract, and shall have no power to add to, subtract from, or modify this Master Contract by implication or otherwise. 3. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.

Appears in 3 contracts

Samples: Master Contract, Master Contract, Master Contract

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Grievance Process. Step 1. If [a] Informal Process (i) Should educators believe that there is a basis for a grievance, they may discuss the discussion related to an informal complaint does not resolve the grievance to the satisfaction of the unit member, the unit member(s) shall have the right to lodge a written grievance with the principal, immediate supervisorsupervisor and/or the education association representative with the objective of resolving the matter. A copy of To initiate the written grievance process, the educator must inform the principal or immediate supervisor that the complaint is at the informal grievance level. The grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor within fifteen initiated no later than ninety (1590) calendar days following the act event or condition which is action being grieved. Proceedings should be kept as [b] Formal Process (i) Step 1: If, after the basis for the grievance, such grievance is no longer grievable. If the grievance is not within the authority of the immediate supervisor to resolve, required informal discussion with the approval of building principal or supervisor, a grievance still exists, the Director of Certificated/Licensed Personnel educator may invoke the formal grievance procedure. (1) This grievance must be in written grievance form, dated and signed by the grievant and delivered to the principal or supervisor. (2) Within five (5) working days, the principal shall meet with the grievant, who may be filed directly at Step 2 accompanied by his/her chosen representative. (3) The principal shall indicate his/her disposition of the grievance process and bypass the Step 1 filing. The written grievance shall provide a concise statement in writing within five (5) working days of the facts upon which meeting and shall furnish a dated copy thereof to the educator. (ii) Step 2: If the educator is not satisfied with the disposition of the grievance is based and include at Step 1, or if no decision has been rendered within five (5) additional working days, the identification of the aggrieved party or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress sought dated complaint will be forwarded by the aggrieved party or parties. The grievance formgrievant within five (5) more working days, included in this Master Contract in Appendix A, will be used to process any grievance. Within ten (10) days after receipt of a written grievance, the immediate supervisor shall respond in writing to the grievant(s) concerning Superintendent of Schools or his/her final position designee. (1) The Superintendent or designee shall hold within five (5) working days an interview with the aggrieved employee and/or his chosen representative. (2) The Superintendent or designee shall render his/her written decision regarding the grievance. A copy within five (5) working days of the supervisor’s response shall be sent to the Director of Certificated/Licensed Personnelinterview. (iii) Step 3: If the educator is not satisfied with the decision rendered in Step 2. If , the grievance is not resolved in Step 1 to educator and/or the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writingeducator’s representative may, within ten (10) working days after of receipt of the unit member receives decision, request the written decision from the immediate supervisor. If either party requests a conference, the Director submission of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(sa hearing examiner. (1) The Board and the immediate supervisor educator’s representative shall agree to meet within ten twenty (1020) days of the conferencehearing request. If no conference is heldThis timeline may be extended by mutual agreement. In the event that the educator and/or the educator’s representative fail to meet to choose a hearing examiner, the Director grievant will be deemed to have accepted the result of Certificated/Licensed Personnel Step 2 and the grievance will be considered to be resolved. (2) The Board and the educator and/or the educator’s representative shall provide attempt to agree upon a mutually acceptable hearing examiner. (3) If they are unable to agree, each party shall select a representative. Those representatives shall meet within twenty (20) days to jointly select a qualified hearing examiner who may be selected from the American Arbitration Association Hearing Examiner Pool and whose findings shall constitute a written decision concerning the grievance recommendation to the grievant(s) and the immediate supervisor within ten (10) days following receipt Board of the appealEducation. The timeline may be extended by mutual agreement. Step 3(4) This report will be made only in executive session to the Board with the educator and or/his/her representative in attendance. If action taken The expenses of securing a hearing examiner shall be borne equally by the Director of Certificated/Licensed Personnel does District and educator. The employee’s association may assume responsibility for the educator’s share. (iv) Step 4: If the educator is not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer satisfied with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), the Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at rendered in Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2. The arbitrator shall be empowered only to base educator and/or his/her decision upon some specific Article chosen representative may request and Section of this Master Contract, and shall have no power to add to, subtract from, or modify this Master Contract by implication or otherwise. 3be granted an informal hearing before the Board in executive session. The Board will notify the educator of its decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.five

Appears in 3 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

Grievance Process. Step 1All of us at CHA PACE share responsibility for assuring that you are satisfied with the care you receive. We encourage you to express any grievances at the time and place that any dissatisfaction occurs. If you do not speak English, a bilingual staff member or volunteer will be found to facilitate the discussion related grievance process. A grievance is a complaint, either written or oral, expressing your dissatisfaction with service delivery or the quality of care furnished. You have the right to file a grievance about anything that concerns your care. Listed below are some examples of possible grievances: • Quality of services you receive in your home, at the Center, or during a stay in a hospital, skilled nursing facility or nursing home; • Mistakes you feel have been made; • Waiting times on the phone or in the waiting or exam room; • Behavior of any of your care providers or program staff; • Adequacy of Center facilities; • Quality of the food provided; • Quality of transportation services. • Either write or discuss your grievance with any staff person in CHA PACE. Give complete information so appropriate staff can resolve your concern in a timely manner. • If the staff member who receives your grievance is an informal complaint does not resolve interdisciplinary team member, he/she will coordinate the investigation and action. If not, he/she will direct you to a member of the Interdisciplinary team. He/she will discuss the details with you, report the grievance to the satisfaction of the unit member, the unit member(s) shall have the right to lodge interdisciplinary team and provide you with a written grievance with the immediate supervisor. A copy “Acknowledge of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievableGrievance” form. If the grievance is of an urgent nature and cannot within be resolved quickly by the authority center director, the CHA PACE Quality Manager or Executive Director may become involved. • At all times during the grievance process, confidentiality will be provided to you and/or your caregiver/family. • During the grievance process, CHA PACE will continue to furnish you with all the required services as included in your plan of care. • Throughout the immediate supervisor to resolvegrievance process, with an interdisciplinary team staff person will review the approval of the Director of Certificated/Licensed Personnel the written grievance may be filed directly at Step 2 steps of the grievance process with you and/or your care caregiver/family and bypass explain the Step 1 filing. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; process and the nature of the redress sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used time frames to process any grievance. Within ten (10) days after receipt of a written grievance, the immediate supervisor shall respond in writing to the grievant(s) concerning his/her final position or decision regarding resolve the grievance. A copy of the supervisor’s response shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If • In all cases, the grievance is not will be resolved in Step 1 to within 30 calendar days from the satisfaction of day the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, within ten (10) days after the unit staff member receives the written decision from the immediate supervisor. If either party requests grievance and you will receive a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance “Response to the grievant(s) and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appealGrievance” letter. Step 3. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), the Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section of this Master Contract, and shall have no power to add to, subtract from, or modify this Master Contract by implication or otherwise. 3. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.

Appears in 2 contracts

Samples: Enrollment Agreement, Enrollment Agreement

Grievance Process. All grievances shall include: a. The name of the aggrieved party. b. The date of filing the grievance. c. The section or sections of this Agreement alleged to be violated. d. A statement identifying the manner in which each identified section has been violated. e. The remedy or remedies sought by the aggrieved party. If a grievance is incomplete or does not conform to these requirements, then it shall be returned to the aggrieved party, and the time limits for response at Step 11 shall be suspended until such grievance is resubmitted in proper form. The preparation and processing of grievances, insofar as practicable, shall be conducted during the hours of employment. All reasonable effort shall be made to avoid interruptions of work activity and to avoid involvement of students in any phase of the grievance procedure. Should the processing of any grievance require that an employee be released from regular assignment, no loss of pay or benefit shall be incurred. The Association shall be responsible for any additional costs incurred during this process (specifically for substitute pay). Any aggrieved party has the right to have an Association representative of his/her choice present at all steps of this grievance procedure. If the discussion related employee waives his/her right to an informal complaint does not resolve representation, the appropriate form, indicating such, must be signed by the employee. No interference, coercion, restraint, discrimination, or reprisal of any kind at any time shall be taken by any party hereto against the aggrieved party, any party-in- interest, any representative, or any other participant in the grievance to the satisfaction procedure or any other person by reason of the unit member, the unit member(s) such grievance or participation therein. Nothing contained herein shall have be construed as limiting the right to lodge a written grievance with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievable. If the grievance is not within the authority of the immediate supervisor to resolve, with the approval of the Director of Certificated/Licensed Personnel the written grievance may be filed directly at Step 2 of the grievance process and bypass the Step 1 filing. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party or parties; to discuss the nature matter informally with any appropriate member of the grievance; administration and having the provision(s) grievance informally adjusted, provided the adjustment is not inconsistent with the terms of this Agreement. In the current written Agreement involved in the grievance; and the nature of the redress sought by event that any grievance is adjusted without formal determination pursuant to this procedure, while such adjustment shall be binding upon the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within ten (10) days after receipt of a written grievance, the immediate supervisor shall respond in writing to the grievant(s) concerning his/her final position or decision regarding the grievance. A copy of the supervisor’s response shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filedand shall, in writingall respects, within ten (10) days after the unit member receives the written decision from the immediate supervisor. If either party requests be final, said adjustment shall not create a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appealprecedent or ruling binding in future proceedings. Step 3. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), the Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section of this Master Contract, and shall have no power to add to, subtract from, or modify this Master Contract by implication or otherwise. 3. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Process. Step 1. If the discussion related Step 1 Within ten (10) work days of an event giving rise to an informal complaint does not resolve alleged violation of this Agreement, the Officer or Council shall reduce to writing a signed Statement of Grievance. The Statement of Grievance shall be presented to the Officer’s immediate supervisor and shall include: a. The name of the Officer involved; b. A brief description of the pertinent facts giving rise to the grievance (e.g. date, time, specific actions taken, witnesses); c. A reference to the satisfaction provision(s) of this Agreement alleged to be violated, including the contention of the unit member, Officer (and of the unit member(sCouncil) with respect to those provisions; and d. The specific relief requested. The grievant shall have the right to lodge a written have an authorized representative of the Council or any other bargaining unit member present at any discussions of the formal grievance with the immediate supervisor. A copy of supervisor or designee and at any subsequent step in the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievable. If the grievance is not within the authority of the immediate supervisor to resolve, with the approval of the Director of Certificated/Licensed Personnel the written grievance may be filed directly at Step 2 of the grievance process and bypass the Step 1 filing. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party or parties; the nature processing of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within ten five (105) work days after receipt of a written receiving the grievance, the immediate supervisor or designee shall respond in writing submit a written response to the grievant(sgrievant and to the Council. If the supervisor fails to respond within five (5) concerning hisdays or the Officer or Council is dissatisfied with the response, s/he may present the grievance to his or her final position or decision regarding supervisor’s supervisor. The supervisor’s supervisor shall have five (5) work days after receiving the grievancegrievance to provide a written response. A copy of If the supervisor’s response shall be sent supervisor fails to respond within five (5) days or the Director of Certificated/Licensed PersonnelOfficer or Council is dissatisfied with the response, he or she may present the grievance to Labor Management & Employee Relations (LMER). Step 2. If Step 2 Within five (5) work days of the deadline for the supervisor’s supervisor to respond, if the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, within ten (10) days after the unit member receives the written decision from the immediate supervisor. If either party requests a conferenceresolved, the Director of Certificated/Licensed Personnel shall confer grievant or Council may file the same written grievance with the grievant(s)LMER. If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(sWithin fifteen (15) and the immediate supervisor within ten (10) work days of the conference. If no conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appeal. Step 3. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests grievance, LMER shall conduct a conference, the Superintendent shall confer meeting with the grievant(s). If grievant for a conference is held, full review of the Superintendent shall provide facts relevant to the event and issue a written decision concerning the grievance to the grievant(s), the Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section of this Master Contract, and shall have no power to add to, subtract from, or modify this Master Contract by implication or otherwise. 3. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.thirty

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Process. Grievances will be handled in the following manner: Step 1. If One The grievant and the discussion related to an informal complaint does not resolve Association representative, if requested by the grievant, may orally present the alleged grievance to the satisfaction of the unit member, the unit member(s) shall have the right to lodge a written grievance with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the appropriate immediate supervisor within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievableand Vice President of Instruction. If the grievance is not within adjusted orally, the authority grievance will be reduced to writing, dated and signed by the faculty member and the Association representative, if any involved, and will state the specific factual basis of the grievance, the provision or provisions of the Agreement involved, and the remedy sought. The immediate supervisor to resolve, with and Vice President of Instruction will be given the approval written grievance and will note receipt of the Director same by countersigning and dating the original grievance and will give a copy of Certificated/Licensed Personnel the grievance to the Association representative. The Vice President of Instruction will answer the grievance in writing within ten (10) business days thereafter and will concurrently send a copy of the grievance and the answer to the authorized Association representative. If no settlement is reached at Step One, the written grievance may be submitted to the President or designated representative, provided it is filed directly at Step 2 of with the grievance process and bypass the Step 1 filing. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party President or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within designated representative not more than ten (10) business days after receipt it is answered in Step One. Representative(s) of a the Association will be present at any meeting called to consider the grievance at Step Two. The President or designated representative will send the written grievanceanswer to the authorized Association representative within ten (10) business days. Such answer will be deemed to be the final position of the College. If no settlement is reached at Step Two, the immediate supervisor shall respond in writing to the grievant(s) concerning his/her final position or decision regarding the grievance. A copy of the supervisor’s response shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s)Association, such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filedacting through its President, may, in writingits sole discretion, within ten (10) business days after the unit member receives date of the written decision from Step Two answer, notify the immediate supervisor. If either party requests a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning College that the grievance will be arbitrated, provided that the grievance presents an arbitrable matter as herein defined. The demand for arbitration will be submitted to the grievant(s) College President and the immediate supervisor American Arbitration Association within ten twenty (1020) business days of the conference. If no conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appealStep Twoanswer. Step 3. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), the Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section of this Master Contract, and shall have no power to add to, subtract from, or modify this Master Contract by implication or otherwise. 3. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Process. Step 120.1 A Grievance Committee, designated by the Guild, shall be established to settle amicably with the Publisher or his representatives all grievances arising under this contract unless otherwise specified. If the discussion related Performance reviews or evaluations shall not be subject to an informal complaint does not resolve the grievance process outlined in this article. Discipline and termination of employees in the Editorial Writer job category shall not be subject to the satisfaction of the unit member, the unit member(s) grievance process outlined in this article. 20.2 A grievance shall have the right to lodge be submitted only by a written grievance with notice from the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing complaining party to the immediate supervisor within fifteen (15) days following other party briefly setting forth the act or condition which is the basis for facts giving rise to the grievance, such grievance is no longer grievable. If the grievance is not within the authority ground of the immediate supervisor to resolve, with the approval of the Director of Certificated/Licensed Personnel the written grievance may be filed directly at Step 2 of the grievance process and bypass the Step 1 filing. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; complaint and the nature of the redress action sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within ten within twenty-two (10) days after receipt of a written grievance, the immediate supervisor shall respond in writing to the grievant(s) concerning his/her final position or decision regarding the grievance. A copy of the supervisor’s response shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, within ten (10) days after the unit member receives the written decision from the immediate supervisor. If either party requests a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (1022) days of the conference. If no conference is held, time the Director employee knew of Certificated/Licensed Personnel shall provide a written decision concerning the grievance circumstances giving rise to the grievant(s) grievance. The Publisher and the immediate supervisor within ten (10) days following receipt of Guild may jointly extend this time requirement. The Publisher and the appeal. Step 3. If action taken by Guild agree that a grievance meeting on the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s)dispute shall be scheduled, such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), the Director of Certificated/Licensed Personnelif requested, and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties conducted within fifteen (15) days of the date the grievance is filed. Both parties commit to scheduling such meetings without unnecessary delay and in good faith. 20.3 A grievance raised under Section 20.1 and 20.2 and not settled within thirty-five (35) calendar days after receipt of the written appeal notice described (this time may be extended by using voluntary mutual agreement) may be submitted to arbitration, in accordance with the procedures hereinafter set forth, upon written notice of either party served upon the other party. By mutual agreement, any properly submitted grievance may be moved to arbitration at any time within the thirty-five (35) calendar days. A request for arbitration, defined as requesting an arbitrator list from the Federal Mediation and Conciliation Service (FMCS), must be made in writing within fifty (50) days of the filing of the grievance or the grievance shall be waived. 20.4 The Publisher and the Guild shall jointly or singly request the FMCS to furnish lists of not fewer than eleven (11) arbitrators. Selection shall be made in accordance with the procedures of the FMCS. If the party adverse to the complaining party refuses for any reason to proceed to the selection of an arbitrator, or if for any other reason an arbitrator is not selected or secured, then the complaining party has the right to request the FMCS to proceed to the appointment of an arbitrator pursuant to the present rules of the American Arbitration Associationvoluntary labor arbitration tribunal of the FMCS, and the grievance shall be submitted to such arbitrator for final decision. 220.5 Either party may insist on having the issue of arbitrability heard and ruled on in a separate hearing before proceeding to a hearing on the merits of the grievance in question. Absent agreement of the parties, the issue of arbitrability shall be ruled on within twenty (20) days of the arbitrability hearing. 20.6 Expenses of arbitration which are jointly incurred shall be shared equally by the parties, except that neither party shall be required to pay any part of the cost of a stenographic record without its consent, provided that failure of a party to agree to share the cost of such stenographic record shall be deemed a waiver of such party’s right of access to the record. 20.7 The award of the arbitrator shall be empowered only to base his/her decision upon some specific Article final and Section binding. 20.8 Renewal of this Master Contract, and contract shall not be subject to arbitration. 20.9 The arbitrator shall have no power to change, modify, add to, subtract from, to or modify detract from any terms of this Master Contract by implication or otherwiseAgreement. 3. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from 20.10 If an arbitrator’s decision if within award requires restoration of lost wages and benefits, the scope of his/her authority as set forth above. It employee’s contribution to the 401(k) plan shall be final deducted from the check representing the lost wages and binding on distributed to the Association, its unit member(s401(k) involved, and the Board. 5plan at that time. Except as provided previously, the cost of the arbitrator The distribution shall be paid equally in the amount and directed to the funds as identified by the grievant and employee at the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.time of reinstatement.

Appears in 1 contract

Samples: Labor Agreement

Grievance Process. Step 1. A grievance can be initiated in the following ways: • If the discussion related to an informal complaint does not resolve concern is about discipline, it should start at Level 1 in the grievance to the satisfaction of the unit member, the unit member(s) shall have the right to lodge a written grievance with the immediate supervisorprocess. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievable. If the grievance is not within the authority of the immediate supervisor related to resolvean employee’s involuntary termination, with the approval of the Director of Certificated/Licensed Personnel the written grievance may be filed directly at Step Level 1 and Level 2 of the grievance process will be bypassed and bypass the Step 1 filinggrievance process will start at Level 3 in accordance with this Article. The written grievance shall provide a concise statement concern may be referred from the issue resolution process at the discretion of the facts upon which LMC Co-Chairs. In these instances, the LMC Co-Chairs may elect to bypass Levels 1 and 2 of the grievance processes. Grievances may necessitate meeting more than once at any particular level or obtaining information from additional sources; however, each level will be addressed in an expedient manner. For grievances that start in the Grievance Resolution Process, the Xxxxxxx and the Supervisor should first meet informally to understand and potentially resolve the unfiled grievance. For grievances referred through the Issue Resolution Process, it is based required that the Issue Resolution Committee write up what was agreed to, what the parties were unable to agree to, and include narrowly describe the identification open question that has not been resolved. 21.4.1 Level 1 – Process Participants: Employee, Xxxxxxx(s) or the Union Representative, and the first line Supervisor or their designee. Procedure: The Union Xxxxxxx has twenty (20) working days to file a formally documented grievance for the employee(s) or on behalf of the aggrieved party employee(s) from the event or parties; the nature knowledge of the grievance; event and should be submitted to the provision(s) Supervisor of the current written Agreement employee(s). 21.4.2 Level 2 – Process Participants: Individuals involved in the grievance; Level 1 plus Chief Xxxxxxx and the nature of the redress sought by the aggrieved party Manager(s) responsible for department (or partiesrepresentative) and any Subject Matter Expert (SME) needed to reach resolution. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Procedure: Within ten (10) days after receipt of a written grievance, the immediate supervisor shall respond in writing to the grievant(s) concerning his/her final position or decision regarding the grievance. A copy of the supervisor’s response shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, within ten (10) days after the unit member receives the written decision from the immediate supervisor. If either party requests a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) working days of the conference. If no conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appeal. Step 3. If action taken by the Director of Certificated/Licensed Personnel does not resolve the unresolved Level 1 grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conferencefiling, the Superintendent shall confer Manager (or designee) will schedule a meeting with the grievant(s). If Chief Xxxxxxx; this meeting is to occur at a conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), the Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) daysmutually agreeable time. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section of this Master Contract, and shall have no power to add to, subtract from, or modify this Master Contract by implication or otherwise. 3. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Process. Step 1. If the discussion related to an informal complaint does not resolve the grievance to the satisfaction of the unit member, the unit member(s) shall have the right to lodge a written grievance with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievable. If the grievance is not within the authority of the immediate supervisor to resolveEither party, with the approval agreement of the Director of Certificated/Licensed Personnel the written other party, may submit a grievance may be filed directly to Grievance Mediation at Step 2 of the grievance process and bypass the Step 1 filing. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within time within ten (10) days after receipt of a written grievancethe Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the immediate supervisor mediation process shall respond take place before the matter is referred to Arbitrator. Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The parties shall agree on a mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedingsshall be made and legal counsel shall not be used by either party. If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. The Mediator will have the authority to meet separately with either party. If no settlement is reached within five (5) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration. The Union and Employer will share the cost of the Mediator, if any. When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the grievant(s) concerning his/her final position or decision regarding other party to this Agreement and shall contain the grievance. A copy name of the supervisor’s response shall be sent first party's nominee to the Director Board of Certificated/Licensed Personnel. Step 2Arbitration. If The recipient of the grievance is not resolved in Step 1 notice shall, within ten (I0) days thereafter designate its nominee to the satisfaction Board of the grievant(s), such grievant(sArbitration. The two (2) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writingso nominated shall endeavour, within ten (10) days after the unit member receives the written decision from the immediate supervisor. If either party requests a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days appointment of the conference. If no conference is heldsecond of them, the Director of Certificated/Licensed Personnel shall provide to agree upon a written decision concerning the grievance third person to the grievant(s) and the immediate supervisor within ten (10) days following receipt act as Chair of the appeal. Step 3. If action taken by the Director Board of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), the Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4Arbitration. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according nominees are unable to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of agree upon a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed third person as Chair within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section of this Master Contract, and shall have no power to add to, subtract from, or modify this Master Contract by implication or otherwise. 3. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.ten

Appears in 1 contract

Samples: Collective Agreement

Grievance Process. Step 1Members, a designated representative, or a provider on behalf of the Member, may contact the Dental Member Service De- partment by telephone, letter or online to request a review of an initial determination concerning a claim or service. Mem- bers may contact the Dental Member Service Department at the telephone number as noted below. If the discussion related telephone inquiry to an informal complaint the Dental Member Service Department does not resolve the grievance question or issue to the satisfaction Member’s satisfaction, the Member may request a grievance at that time, which the Dental Member Service Representative will initiate on the Member’s behalf. The Member, a designated representative, or a provider on be- half of the unit memberMember, may also initiate a grievance by submit- ting a letter or a completed “Grievance Form”. The Member may request this Form from the unit member(s) shall have the right to lodge a written grievance with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievableDental Member Service De- partment. If the grievance is not within Member wishes, the authority of the immediate supervisor to resolve, with the approval of the Director of Certificated/Licensed Personnel the written grievance may be filed directly at Step 2 of Dental Member Service staff will assist in completing the grievance process and bypass form. Completed grievance forms must be mailed to a contracted Dental Plan Administrator at the Step 1 filingaddress provided below. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within ten (10) days after receipt of a written grievance, the immediate supervisor shall respond in writing to the grievant(s) concerning his/her final position or decision regarding the grievance. A copy of the supervisor’s response shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) Member may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, within ten (10) days after the unit member receives the written decision from the immediate supervisor. If either party requests a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning also submit the grievance to the grievant(s) and Dental Member Service Department online by visiting xxxx://xxx.xxxxxxxxxxxx.xxx. A contracted Dental Plan Administrator will acknowledge re- ceipt of a written grievance within 5 calendar days. Griev- ances are resolved within 30 days. The grievance system allows Members to file grievances for at least 180 days following any incident or action that is the immediate supervisor within ten (10) days sub- ject of the conferenceMember’s dissatisfaction. See the previous Member Service section for information on the expedited decision proc- ess. The California Department of Managed Health Care is respon- sible for regulating health care service plans. If no conference is heldyou have a grievance against your health Plan, you should first telephone your health Plan at the Director number listed on the last pages of Certificated/Licensed Personnel shall provide a written decision concerning this booklet and use your health Plan’s grievance process before contacting the Department. Utilizing this grievance procedure does not prohibit any potential legal rights or remedies that may be available to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appeal. Step 3you. If action taken you need help with a grievance in- volving an emergency, a grievance that has not been satisfacto- rily resolved by your health Plan, or a grievance that has remained unresolved for more than 30 days, you may call the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) Department for assistance. You may appeal, in writing, to the Superintendent of Schools within ten also be eligible for an Independent Medical Review (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer with the grievant(sIMR). If a conference is heldyou are eligible for IMR, the Superintendent shall provide IMR process will pro- vide an impartial review of medical decisions made by a written decision concerning the grievance health plan related to the grievant(s)medical necessity of a proposed service or treatment, the Director of Certificated/Licensed Personnelcoverage decisions for treatments that are experi- mental or investigational in nature, and payment disputes for emergency or urgent medical services. The Department also has a toll-free telephone number (0- 000-XXX-0000) and a TDD line (0-000-000-0000) for the immediate supervisor within ten hearing and speech impaired. The Department’s Internet Web site (10xxxx://xxx.xxxxxxx.xx.xxx) days of the conference. If no conference is heldhas complaint forms, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed PersonnelIMR application forms, and instructions online. In the immediate supervisor within ten (10) days. Step 4. If event that Blue Shield should cancel or refuse to renew the grievance is not satisfactorily resolved at Step 3enrollment for you or your Dependents and you feel that such action was due to reasons of health or utilization of Bene- fits, it you or your Dependents may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of request a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected review by the parties within fifteen (15) days De- partment of the written appeal by using voluntary rules of the American Arbitration AssociationManaged Health Care Director. 2. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section of this Master Contract, and shall have no power to add to, subtract from, or modify this Master Contract by implication or otherwise. 3. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.

Appears in 1 contract

Samples: Dental Ppo Plan

Grievance Process. Step 1. If the discussion related to an informal complaint does not resolve the grievance to the satisfaction of the unit member, the unit member(s) shall have the right to lodge a written grievance with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievable. If the grievance is not within the authority of the immediate supervisor to resolveEither party, with the approval agreement of the Director of Certificated/Licensed Personnel other party, may submit a grievance to Grievance Mediation at any time within ten days after the written grievance may be filed directly decision has been rendered at Step 2 the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitrator. Grievance Mediation will commence within twenty-one (21) days of the grievance process and bypass being submitted to mediation, or longer period as agreed by the Step 1 filingparties. No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The written grievance parties shall provide a concise statement agree Proceedings before the Mediator shall be the rules of evidence will not apply, no record of the facts upon which the grievance is based proceedings shall be made and include the identification legal counsel shall not be used by either party. If possible, an agreed statement will be if possible, in advance of the aggrieved party Grievance Mediation Conference. The Mediator will have the authority to meet separate If no settlement is reached within five (5) days Mediation, the parties are free to submit the m accordancewith the provisionsof the collective agree a grievance which has been mediated subsequently proceedsto arbitration, no person serving as the Mediator may serve as an or parties; done by the nature mediator may be referred to Arbitration. The Union and Employer will share the cost of the grievance; Mediator, if any. When either party requests that a to Arbitration, the provision(s) request shall be inwriting addressedto the other party to this Agreement and shall contain the name of the current written Agreement involved in first party's nominee to the grievance; and the nature Board of Arbitration. The recipient of the redress sought by the aggrieved party or parties. The grievance formnotice shall, included in this Master Contract in Appendix A, will be used to process any grievance. Within within ten (10) days after receipt of a written grievance, the immediate supervisor shall respond in writing thereafter designate its nominee to the grievant(sBoard of Arbitration. The two (2) concerning his/her final position or decision regarding the grievance. A copy of the supervisor’s response so nominated shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writingendeavour, within ten (10) days after the unit member receives appointment of the written decision from second of them, to agree upon a third person to act as Chairman of the immediate supervisorBoard of Arbitration. If either the nominees are unable to agree upon a third person as ten days after the appointment of the second one of them party requests a conference, may request the Director Ministry of Certificated/Licensed Personnel Labour for the Province o appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance be at liberty prior to the grievant(s) and the immediate supervisor within expiration of ten (10) days from the date of the conference. If no conference is heldappointment of the second of them, or prior to the Director appointment of Certificated/Licensed Personnel shall provide a written decision concerning the Chairman within the said period of ten days, to discuss the grievance submitted to them with a view to mutual settlement. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievant(s) particular grievance concerned. Each of the parties shall pay its own expenses including pay for witnesses and the immediate supervisor within ten (10) days following receipt expenses of its own nominee and one-half of the appeal. Step 3. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction expenses and fees of the grievant(s), such grievant(s) may appeal, in writing, Chairman. The Board of Arbitration shall have authority only to the Superintendent of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), the Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item settle disputes terms of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2. The arbitrator shall be empowered Agreement and only to base his/her decision upon some specific Article interpret and Section of apply this Master Contract, and shall have no power Agreement to add to, subtract from, or modify this Master Contract by implication or otherwise. 3. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.the

Appears in 1 contract

Samples: Collective Agreement

Grievance Process. Step 1The grievance process shall consist of three Steps: STEP I: Supervisory Level A. Upon receipt of a grievance, the grievance coordinator shall arrange a meeting between the grievant and the immediate supervisor or another supervisor in the chain of command who might better resolve the grievance at this Step, and/or other appropriate party(ies) to be concluded no later than 30 calendar days after the date on which the grievance was received. If the discussion related to an informal complaint does meeting is not resolve concluded within thirty (30) calendar days, the grievance shall proceed automatically to Step II. B. No later than twenty-four (24) hours before the meeting, the parties shall mutually exchange all documents reasonably related and relevant to the satisfaction grieved issue. C. If the grievant's immediate supervisor is the department director, Steps I and II are automatically combined and considered concurrently. In such case, the department director shall meet with the grievant and shall not appoint a designee. D. Regardless of the unit member, the unit member(s) shall have the right to lodge a written grievance with the immediate supervisor. A copy outcome of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to Step I meeting, the immediate supervisor within fifteen or appropriate party shall respond in writing not later than ten (1510) calendar days following after the act or condition date on which is the basis for meeting was concluded. The response must include the grievance, such grievance is no longer grievable. If supervisor's evaluation of the grievance is not and proposed resolution(s), if any. Any proposed resolution must be within the authority of the immediate supervisor or approved by the department director. E. The supervisor or appropriate party shall submit the completed written response to resolve, with the approval of the Director of Certificated/Licensed Personnel the written grievance may be filed directly at Step 2 of the grievance process and bypass the Step 1 filing. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress sought by the aggrieved party or partiescoordinator. The grievance coordinator shall forward the supervisor's response to the grievant with a copy to the director. The response shall be either personally delivered by the grievance coordinator to the grievant or be served by certified mail, return receipt requested to the last address of record provided by the grievant on the Step I grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within . F. If no written response is submitted by the supervisor or appropriate parties within the ten (10) calendar days after receipt following the conclusion of a written grievancethe Step I meeting, the immediate supervisor grievance coordinator shall respond in writing to the grievant(s) concerning his/her final position or decision regarding the grievance. A copy of the supervisor’s response shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, within have an additional ten (10) calendar days after to automatically schedule a Step II meeting. Notice shall be given to the unit member receives grievant, the written decision from department director/designee and the immediate supervisor. A supervisor or appropriate party who fails to comply with the requirements of this section or to do so timely, may be disciplined. G. An untimely filed response may be accepted at the discretion of the grievant, but will not avoid the automatic referral to Step II unless the grievant requests that the grievance be withdrawn. H. Proposed resolution(s) for each grievance by a supervisor or appropriate party must be accepted by the grievant entirely or not at all. If either party requests a conferencethe proposed resolution is rejected, the Director of Certificated/Licensed Personnel shall confer grievant may file a Step II grievance form with the grievant(s)grievance coordinator. If the grievant fails to timely file a conference is heldStep II grievance form, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days of the conferenceprocess is terminated. If no conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning grievant accepts the grievance to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appeal. Step 3. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(sproposed resolution(s), the Director of Certificated/Licensed Personnel, and department must implement the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(sproffered resolution(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section of this Master Contract, and shall have no power to add to, subtract from, or modify this Master Contract by implication or otherwise. 3. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.

Appears in 1 contract

Samples: Meet and Confer Agreement

Grievance Process. Step 1. If the discussion related to an informal complaint does not resolve the grievance to the satisfaction of the unit member, the unit member(s) shall have the right to lodge a written grievance with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievable. If the grievance is not within the authority of the immediate supervisor to resolveEither party, with the approval agreement of the Director of Certificated/Licensed Personnel the written other party, may submit a grievance may be filed directly to Grievance Mediation at Step 2 of the grievance process and bypass the Step 1 filing. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within time within ten (10) days after receipt of a written grievancethe Employer's decision has been rendered at the step prior to arbitration. Where the matter is so referred, the immediate supervisor mediation process shall respond take place before the matter is referred to Arbitrator. Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The parties shall agree on a mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. The Mediator will have the authority to meet separately with either party. If no settlement is reached within five (5) days following Grievance Mediation, the parties are to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration. The Union and Employer will share the cost of the Mediator, if any. Arbitration Process When either party requests that a grievance be submitted to an Arbitration Board, the request shall be in writing addressed to the grievant(s) concerning his/her final position or decision regarding other party to this Agreement and shall contain the grievance. A copy name of the supervisor’s response shall be sent first party's nominee to the Director Board of Certificated/Licensed Personnel. Step 2Arbitration. If The recipient of the grievance is not resolved in Step 1 notice shall, within ten days thereafter designate its nominee to the satisfaction Board of the grievant(s), such grievant(sArbitration. The two (2) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writingso nominated shall endeavour, within ten (10) days after the unit member receives appointment of the written decision from second of them, to agree upon a third person to act as Chairman of the immediate supervisorBoard of Arbitration. If either party requests the nominees are unable to agree upon a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appeal. Step 3. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools third person as Chairman within ten (10) days after receipt the appointment of the written decision from the Director second one of Certificated/Licensed Personnel. If them, then either party requests a conference, may request the Superintendent Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance be at liberty prior to the grievant(s), the Director expiration of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days from the date of the conference. If no conference is heldappointment of the second of them, the Superintendent shall provide a written decision concerning the grievance or prior to the grievant(s), Director appointment of Certificated/Licensed Personnel, and the immediate supervisor Chairman within the said period of ten (10) days. Step 4. If , to discuss the grievance is not satisfactorily resolved at Step 3, it submitted to them with a view to mutual settlement. No person may be appealed according appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned. Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half of the expenses and fees of the Chairman. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the following procedures: Grievances regarding an facts of the involved. Only grievances arising the interpretation, application, administration or alleged violation, misapplication, or misinterpretation of a specific item violation of this Master Contract may be appealed Agreement including a question as to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator whether a matter is arbitrable shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2arbitrable. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section Board of this Master Contract, and Arbitration shall have no power to alter, add to, subtract from, modify or modify amend this Master Contract by implication or otherwise. 3Agreement in order to give any decision inconsistent with it. The decision of the arbitratormajority of the members of the Board of Arbitration shall be the decision of the Board, but if rendered within there is no majority the decision of the Chairman shall govern. All agreements reached under the grievance and in accordance with Arbitration procedures between the above stated power, shall Employer and its representatives and the Union and its representatives will be final and binding on upon the AssociationEmployer, the bargaining unit member(s) involved, Union and the Board. 4involved. There Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be no appeal from an arbitrator’s decision if within awarded to or against any party. At any stage of the scope of his/her authority as set forth above. It shall be final and binding on the Associationgrievance procedure, its unit member(s) involved, and the Board. 5. Except as provided previouslyincluding Arbitration, the cost parties may have the assistance of the arbitrator shall be paid equally by the grievant and the Board. All other costs employee (or employees) concerned as a witness, all reasonable arrangements will be paid by made to permit the party incurring those costs. The Grievance Form is found in Appendix A.conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Samples: Collective Agreement

Grievance Process. Step 115:01 When a grievance cannot be presented in person at any step, it may be transmitted by electronic or registered mail. 15:02 Wherever possible, the grievance shall be presented on an Official Grievance Form. If A written description of the discussion related nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an informal complaint does Article of the Agreement, such Article shall be so stated in the grievance, and may be clarified at any step providing its substance is not resolve changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Official Grievance Form or for failure to quote the Article in dispute. 15:03 In all cases the grievance shall be presented within twenty (20) calendar days from the date of the action giving rise to the grievance. Failure to file a grievance at the appropriate step shall not invalidate the grievance process. Where a grievance has been filed in the wrong step, the Employer shall immediately begin the appropriate step and time limits will run from the time the appropriate step is initiated. 15:04 If Management fails to reply to a grievance within the prescribed time limits, the employee or the Union may process the grievance to the satisfaction next step. 15:05 Within twenty (20) calendar days following a warning, suspension, discharge or discipline, the volunteer firefighter, if he has completed the probationary period, may initiate the grievance procedure. 15:06 Step One (a) Within twenty (20) calendar days after the date upon which the employee was notified orally or in writing, or on which the employee first became aware of the unit memberaction or circumstances giving rise to the grievance, the unit member(s) employee shall have present the right to lodge a written grievance with the immediate supervisor. A copy redress requested to the Fire Chief; (b) The Fire Chief or designate shall sign for a receipt of the written grievance shall also be filed with and if the Director nature of Certificated/Licensed Personnel. If such the grievance is not submitted such that the Chief or designate is authorized to deal with it, the Chief or designate shall issue a decision in writing to the immediate supervisor employee and to the Union within fifteen twenty (1520) days following calendar days; (c) The Fire Chief or designate may hold a hearing to discuss the act or condition which is grievance with the basis for employee and the employee’s representative before giving a decision on the grievance, such grievance is no longer grievable. ; (d) If the grievance is not within the authority of the immediate supervisor to resolve, with the approval of the Director of Certificated/Licensed Personnel the written grievance may be filed directly at Step 2 of the grievance process and bypass the Step 1 filing. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party or parties; the nature of the grievance; the provision(s) grievance is such that a decision cannot be given below a particular level of the current written Agreement involved in the grievance; and the nature of the redress sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within ten (10) days after receipt of a written grievanceauthority, the immediate supervisor Chief or designate shall respond in writing to the grievant(s) concerning his/her final position or decision regarding the grievance. A copy of the supervisor’s response shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, within ten (10) days after the unit member receives the written decision from the immediate supervisor. If either party requests a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning forward the grievance to the grievant(s) appropriate authority at the appropriate step of the grievance procedure and so inform the employee and the immediate supervisor within ten (10) days Union. The time limits and the procedures of the conference. If no conference is held, the Director of Certificated/Licensed Personnel appropriate step shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appeal. Step 3. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), the Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section of this Master Contract, and shall have no power to add to, subtract from, or modify this Master Contract by implication or otherwise. 3. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.then apply;

Appears in 1 contract

Samples: Collective Agreement

Grievance Process. Step 1. If A grievance is hereby defined as an alleged violation by the discussion related to an informal complaint does not resolve the grievance to the satisfaction College of the unit memberterms of this Agreement. An individual faculty member who has been aggrieved, or group of faculty members who have been individually aggrieved, or the unit member(s) shall authorized Association representative, will have the right to lodge a written present grievances. Such grievances will be handled in the following manner: The grievant and the Association representative, if requested by the grievant, may orally present the alleged grievance with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the appropriate immediate supervisor within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievableand Vice President of Instruction. If the grievance is not within adjusted orally, the authority grievance will be reduced to writing, dated and signed by the faculty member and the Association representative, if any involved, and will state the specific factual basis of the grievance, the provision or provisions of the Agreement involved, and the remedy sought. The immediate supervisor to resolve, with and Vice President of Instruction will be given the approval written grievance and will note receipt of the Director same by countersigning and dating the original grievance and will give a copy of Certificated/Licensed Personnel the grievance to the Association representative. The Vice President of Instruction will answer the grievance in writing within ten (10) contracted days thereafter and will concurrently send a copy of the grievance and the answer to the authorized Association representative. If no settlement is reached at Step One, the written grievance may be submitted to the President or designated representative, provided it is filed directly at Step 2 of with the grievance process and bypass the Step 1 filing. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party President or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within designated representative not more than ten (10) contracted days after receipt it is answered in Step One. Representative(s) of a the Association will be present at any meeting called to consider the grievance at Step Two. The President or designated representative will send the written grievanceanswer to the authorized Association representative within ten (10) contracted days. Such answer will be deemed to be the final position of the College. If no settlement is reached at Step Two, the immediate supervisor shall respond in writing to the grievant(s) concerning his/her final position or decision regarding the grievance. A copy of the supervisor’s response shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s)Association, such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filedacting through its President, may, in writingits sole discretion, within ten (10) contracted days after the unit member receives date of the written decision from Step Two answer, notify the immediate supervisor. If either party requests a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning College that the grievance will be arbitrated, provided that the grievance presents an arbitrable matter as herein defined. The demand for arbitration will be submitted to the grievant(sAmerican Arbitration Association or the Federal Mediation and Conciliation Services within twenty (20) and the immediate supervisor within ten (10) contracted days of the conference. If no conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appealStep Two answer. Step 3. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), the Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section of this Master Contract, and shall have no power to add to, subtract from, or modify this Master Contract by implication or otherwise. 3. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Process. Step 1Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten days after the Employer's decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitrator. Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The parties shall agree on a mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. The Mediator will have the authority to meet separately with either party. If no settlement is reached within five (5) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordancewith the provisions of the collective agreement. Inthe event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration. The Union and Employer will share the cost of the Mediator, if any. When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten 0) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten 0) days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the discussion related nominees are unable to an informal complaint does not resolve agree upon a third person as Chair within ten days after the grievance appointment of the second one of them, then either party may request the Ministry of Labourfor the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the satisfaction expiration of the unit member, the unit member(s) shall have the right to lodge a written grievance with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievable. If the grievance is not within the authority of the immediate supervisor to resolve, with the approval of the Director of Certificated/Licensed Personnel the written grievance may be filed directly at Step 2 of the grievance process and bypass the Step 1 filing. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within ten (10) days after receipt from the date of a written grievancethe appointment of the second of them, the immediate supervisor shall respond in writing or prior to the grievant(s) concerning his/her final position or decision regarding the grievance. A copy appointment of the supervisor’s response Chair within the said period of ten 0) days, to discuss the grievance submitted to them with a view to mutual settlement. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned. Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half of the expenses and fees of the Chair. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, within ten (10) days after the unit member receives the written decision from the immediate supervisor. If either party requests a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appeal. Step 3. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), the Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2arbitrable. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section Board of this Master Contract, and Arbitration shall have no power to alter, add to, subtract from, modify or modify amend this Master Contract by implication or otherwise. 3Agreement in order to give any decision inconsistent with it. The decision of the arbitratormajority of the members of the Board of Arbitration shall be the decision of the Board, but if rendered within there is no majority the decision of the Chair shall govern. All agreements reached under the grievance and in accordance with Arbitration procedures between the above stated power, shall Employer and its representatives and the Union and its representativeswill be final and binding on upon the AssociationEmployer,the Union and the involved. Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. At any stage of the grievance procedure, includingArbitration, the bargaining unit member(s) involved, and parties may have the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost assistance of the arbitrator shall be paid equally by the grievant and the Board. All other costs employee (or employees) concerned as a witness, all reasonable arrangements will be paid by made to permit the party incurring those costs. The Grievance Form is found in Appendix A.conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Samples: Collective Agreement

Grievance Process. Step 1. If the discussion related to an informal complaint does not resolve the grievance to the satisfaction of the unit member, the unit member(s) shall have the right to lodge a written grievance with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievable. If the grievance is not within the authority of the immediate supervisor to resolveEither party, with the approval agreement of the Director of Certificated/Licensed Personnel the written other party, may submit a grievance may be filed directly to Grievance Mediation at Step 2 of the grievance process and bypass the Step 1 filing. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within ten (10) days after receipt of a written grievance, the immediate supervisor shall respond in writing to the grievant(s) concerning his/her final position or decision regarding the grievance. A copy of the supervisor’s response shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, time within ten (10) days after the unit member receives Employer's decision has been rendered at the written decision from step prior to arbitration. Where the immediate supervisormatter is so referred, the mediation process shall take place before the matter is referred to Arbitrator. Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. No matter may be submitted to Grievance Mediation which has not been proper carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The parties shall agree on a mediator. Proceedings before the Mediator shall be informal. Accordingly, the of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. The Mediator will have the authority to separately with either party requests a conferenceparty. If no settlement is reached within five (5) days following Grievance Mediation, the Director of Certificated/Licensed Personnel shall confer parties are free to submit the matter to Arbitration in accordance with the grievant(s)provisions of the collective agreement. If In the event that a conference is heldgrievance which has been mediated subsequentlyproceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration. The Union and Employer will share the cost of the Mediator, if any. When either requests that a grievance be submitted to an Arbitration Board, the Director of Certificated/Licensed Personnel request shall provide a written decision concerning the grievance be in writing addressed to the grievant(s) other party to this Agreement and shall contain the immediate supervisor name of the first party’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten 0) days after the appointment of the conferencesecond of them, to agree upon a third person to act as of the Board of Arbitration. If no conference is held, the Director of Certificated/Licensed Personnel shall provide nominees are unable to agree upon a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appeal. Step 3. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools third person as Chairman within ten (10) days after receipt the appointment of the written decision from the Director second one of Certificated/Licensed Personnel. If them, then either party requests a conference, may request the Superintendent Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance be at liberty prior to the grievant(s), the Director expiration of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days from the date of the conference. If no conference is heldappointment of the second of them, the Superintendent shall provide a written decision concerning the grievance or prior to the grievant(s), Director appointment of Certificated/Licensed Personnel, and the immediate supervisor Chairman within the said period of ten (10) days. Step 4, to discuss the submitted to them with a view to mutual settlement. If the grievance is not satisfactorily resolved at Step 3, it No person may be appealed according appointed as an Arbitrator who has been involved in an attempt to negotiate settle the particular grievance Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half of the expenses and fees of the Chairman. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the following procedures: Grievances regarding an facts of the involved. Only arising from the interpretation, application, administration or alleged violation, misapplication, or misinterpretation of a specific item violation of this Master Contract may be appealed Agreement including a question as to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator whether a matter is arbitrable shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2arbitrable. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section Board of this Master Contract, and Arbitration shall have no power to alter, add to, subtract from, modify or modify amend this Master Contract by implication or otherwise. 3Agreement in order to give any decision inconsistent with it. The decision of the arbitratormajority of the members of the Board of Arbitration shall be the decision of the Board, but if rendered within there is no majority the decision of the shall govern. All agreements reached under the grievance and in accordance with Arbitration procedures between the above stated power, shall Employer and its representatives and the Union and its representatives will be final and binding on upon the AssociationEmployer, the bargaining unit member(s) involved, Union and the Board. 4involved. There Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be no appeal from an arbitrator’s decision if within awarded to against any party. At any stage of the scope of his/her authority as set forth above. It shall be final and binding on the Associationgrievance procedure, its unit member(s) involved, and the Board. 5. Except as provided previouslyincluding Arbitration, the cost parties may have the assistance of the arbitrator shall be paid equally by the grievant and the Board. All other costs employee (or employees) concerned as a witness, all reasonable arrangements will be paid made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the of the Nursing Home. In the event that one wishes to submit a grievance to Arbitration and both parties agree that the matter be dealt with by a Sole Arbitrator as opposed to a tripartite Board of Arbitration as hereinbefore referred to, the party incurring those costssubmitting the to shall advise the other party in writing of three (3) choices as to a Sole Arbitrator. The Grievance Form is found recipient of the notice shall reply in Appendix A.writing as to the acceptance of one of the proposed Arbitrators or, three (3) alternative choices as to a Sole Arbitrator. If the parties can not agree to a Sole Arbitrator within twenty (20) days of the notice referring the matter to arbitration, then either party may request the Ministry of Labour for the Province of Ontario to appoint a Sole Arbitrator.

Appears in 1 contract

Samples: Collective Agreement

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Grievance Process. Step 1Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten 0) days after the Employer's decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitrator. Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The parties shall agree on a mediator Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. The Mediator will have the authority to meet separately with either party. If no settlement is reached within five (5) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration. The Union and Employer will share the cost of the Mediator, if any. When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the discussion related nominees are unable to an informal complaint does not resolve agree upon a third person as Chairman within ten days after the grievance appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the satisfaction expiration of the unit member, the unit member(s) shall have the right to lodge a written grievance with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievable. If the grievance is not within the authority of the immediate supervisor to resolve, with the approval of the Director of Certificated/Licensed Personnel the written grievance may be filed directly at Step 2 of the grievance process and bypass the Step 1 filing. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within ten (10) days after receipt from the date of a written grievancethe appointment of the second of them, the immediate supervisor shall respond in writing or prior to the grievant(s) concerning his/her final position or decision regarding the grievance. A copy appointment of the supervisor’s response Chairman within the said period of ten (IO) days, to discuss the grievance submitted to them with a view to mutu settlement No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned. Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half of the expenses and fees of the Chairman. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be sent to the Director of Certificated/Licensed Personnelarbitrable. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, within ten (10) days after the unit member receives the written decision from the immediate supervisor. If either party requests a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appeal. Step 3. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), the Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section of this Master Contract, and shall have no power to add to, subtract from, or modify this Master Contract by implication or otherwise. 3. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.

Appears in 1 contract

Samples: Collective Agreement

Grievance Process. Step is a complaint by (1) a bargaining unit Member, or (2) a group of bargaining unit Members, or (3) the Union about any working condition including, but not limited to a violation, misinterpretation or misapplication of any provision of this Agreement, the District’s Rules and Regulations, District Policies, Labor Management Agreements, or past practices. If Employees of the discussion related District who are subject to an informal complaint does discipline in the form of reprimands, suspensions (with or without pay), demotion, and/or discharge, shall have a right to Due Process in the resolution of any employment actions taken. Actions taken by the District shall not resolve be arbitrary, capricious or unreasonable. All grievances shall be settled in the following manner: Should a Member, group of Members, or the Union believe that the District, or a District representative, has taken a violative action, said grievant(s) shall informally discuss the event with their immediate supervisor, or other District officer with the ability to adjust the grievance to as appropriate, as soon as is practicable. The grievant(s) shall provide the satisfaction supervisor or officer with an explanation of the unit membergrievance, the unit member(sfoundation of the alleged violation, and the remedy sought within (15) calendar days of the event. Xxxxxxxxx shall have the right to lodge be assisted by a written Union representative, if so requested, during this discussion. In all cases, grievants shall notify the Union in writing of the alleged grievance as well as the time, date and location of any and all grievance proceedings. In the event that the grievant’s immediate supervisor or officer does not satisfactorily resolve the grievance in Step One of this procedure, the grievant(s) shall reduce the grievance to writing and shall state: the section (or sections) of this Agreement, Rule/Regulation, Policy, and/or past practice which is alleged to have been violated; an explanation of the grievance in detail, including dates, actions, and such other information necessary to a full investigation of the facts and circumstances giving rise to the grievance; and the remedy sought. Grievances shall be submitted to the Shop Xxxxxxx for review who shall then forward the grievance to the Union Grievance Committee for review. Should the Committee determine that a grievance may exist, they shall return the grievance to the Shop Xxxxxxx with their recommendation for further action. Should the Committee determine that no grievance exists, the grievant may either accept the Committee’s finding, in which case the matter shall be considered closed, or they may seek an appeal with the IAFF Local 2665 3rd District Vice-President, or designee, who may confirm or overrule the decision of the Committee. If no grievance is found to exist, the Member is entitled to submit their concern as a complaint to be addressed by JLM, however no additional action shall be otherwise required by the District or the Union. Grievances submitted for further action in Step Two shall be submitted by the Shop Xxxxxxx or Union Grievance Committee Chair to the employee’s immediate supervisor. A copy , Battalion Chief, Deputy Chief, or the Assistant Chief, as appropriate and upon the advice of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor Shop Xxxxxxx, within fifteen (15) calendar days following the act or condition which is the basis for the grievance, such grievance is no longer grievable. If the grievance is not within the authority of the immediate supervisor to resolve, with the approval of the Director of Certificated/Licensed Personnel the written grievance may be filed directly at Step 2 of the grievance process and bypass the Step 1 filing. The written grievance shall provide a concise statement of the facts date upon which the grievant(s) could reasonably have been expected to know of such action giving rise to the grievance. The officer or supervisor receiving the grievance is based and include shall arrange a meeting on the identification next duty day of the aggrieved party employee(s), or parties; at an otherwise mutually agreeable time, for the nature purpose of considering the grievance; the provision(s) of the current written Agreement involved in the grievance; matter and the nature of the redress sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used attempting to process any grievance. Within ten (10) days after receipt of a written grievance, the immediate supervisor shall respond in writing to the grievant(s) concerning his/her final position or decision regarding adjust the grievance. A copy of the supervisor’s response written decision shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(sissued within five (5) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, within ten (10) days after the unit member receives the written decision from the immediate supervisor. If either party requests a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) calendar days of the conference. If no conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) meeting and the immediate supervisor within ten (10) days following receipt of the appeal. Step 3. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance delivered to the grievant(s), the Director of Certificated/Licensed Personnel, Shop Xxxxxxx and any Grievance Committee members who were present at the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) daysmeeting. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section of this Master Contract, and shall have no power to add to, subtract from, or modify this Master Contract by implication or otherwise. 3. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Process. Step 1Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The parties shall agree on a mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. If the discussion related to possible, an informal complaint does not resolve the grievance agreed statement of facts will be provided to the satisfaction Mediator, and if possible, in advance of the unit member, the unit member(s) shall Grievance Mediation Conference. The Mediator will have the right authority to lodge a written grievance meet separately with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personneleither party. If such grievance no settlement is not submitted in writing to the immediate supervisor reached within fifteen five (155) days following Grievance Mediation, the act or condition which is parties are free to submit the basis for matter to Arbitration in accordance with the grievance, such grievance is no longer grievable. If the grievance is not within the authority provisions of the immediate supervisor collective agreement. In the event that a grievance which has been mediated subsequently proceeds to resolvearbitration, with no person serving as the approval Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to at Arbitration. The Union and Employer will share the cost of the Director of Certificated/Licensed Personnel Mediator, if any. When either party requests that a grievance be submitted to Arbitration, the written grievance may request shall be filed directly at Step 2 in writing addressed to the other party to this Agreement and shall contain the name of the grievance process and bypass first party’s nominee to the Step 1 filingBoard of Arbitration. The written grievance shall provide a concise statement recipient of the facts upon which notice shall, within ten days thereafter designate its nominee to the grievance is based and include the identification Board of the aggrieved party or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress sought by the aggrieved party or partiesArbitration. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within ten two (102) days after receipt of a written grievance, the immediate supervisor so nominated shall respond in writing to the grievant(s) concerning his/her final position or decision regarding the grievance. A copy of the supervisor’s response shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writingendeavour, within ten (10) days after the unit appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. the nominees are unable to agree upon a third person to act as Chair within ten days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member receives as Chair of the written decision Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (IO) days from the immediate supervisor. If either party requests a conferencedate of the appointment of the second of them, or prior to the Director appointment of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is heldChair within the said period of ten days, the Director of Certificated/Licensed Personnel shall provide a written decision concerning to discuss the grievance submitted to them with a view to mutual settlement. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned. Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half of the expenses and fees of the Chair. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the grievant(s) and the immediate supervisor within ten (10) days facts of the conferenceinvolved. If no conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appeal. Step 3. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision Only grievances arising from the Director of Certificated/Licensed Personnel. If either party requests a conferenceinterpretation, the Superintendent shall confer with the grievant(s). If a conference is heldapplication, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), the Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an administration or alleged violation, misapplication, or misinterpretation of a specific item violation of this Master Contract may be appealed Agreement including a question as to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator whether a matter is arbitrable shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2arbitrable. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section Board of this Master Contract, and Arbitration shall have no power to alter, add to, subtract from, modify or modify amend this Master Contract by implication or otherwise. 3Agreement in order to give any decision inconsistent with it. The decision of the arbitratormajority of the members of the Board of Arbitration shall be the decision of the Board, but if rendered within there is no majority the decision of the Chair shall govern. All agreements reached under the grievance and in accordance with Arbitration procedures between the above stated power, shall Employer and its representatives and the union and its representatives will be final and binding on upon the AssociationEmployer, the bargaining unit member(s) involved, Union and the Board. 4involved. There Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be no appeal from an arbitrator’s decision if within awarded to or against any party. At any stage of the scope of his/her authority as set forth above. It shall be final and binding on the Associationgrievance procedure, its unit member(s) involved, and the Board. 5. Except as provided previouslyincluding Arbitration, the cost parties may have the assistance of the arbitrator shall be paid equally by the grievant and the Board. All other costs employee (or employees) concerned as a witness, all reasonable arrangements will be paid by made to permit the party incurring those costs. The Grievance Form is found in Appendix A.conferring parties or the Board of Arbitration to have access to any part of the Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Home.

Appears in 1 contract

Samples: Collective Agreement

Grievance Process. Step 1. If 21.1 A Grievance Committee, designated by the discussion related Guild, shall be established to an informal complaint does not resolve settle amicably with the Publisher or his representatives all grievances arising under this contract unless otherwise specified. 21.2 A grievance shall be submitted only by a written notice from the complaining party to the satisfaction of other party briefly setting forth the unit member, the unit member(s) shall have the right facts giving rise to lodge a written grievance with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievable. If the grievance is not within the authority ground of the immediate supervisor to resolve, with the approval of the Director of Certificated/Licensed Personnel the written grievance may be filed directly at Step 2 of the grievance process and bypass the Step 1 filing. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; complaint and the nature of the redress action sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within ten within forty-five (10) days after receipt of a written grievance, the immediate supervisor shall respond in writing to the grievant(s) concerning his/her final position or decision regarding the grievance. A copy of the supervisor’s response shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, within ten (10) days after the unit member receives the written decision from the immediate supervisor. If either party requests a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (1045) days of the conferencetime the employee knew of the circumstances giving rise to the grievance. If no conference is heldThe Publisher and the Guild may jointly extend this time requirement. The Publisher and the Guild agree that a grievance meeting on the dispute shall be scheduled, if requested, and conducted within sixty (60) days of the Director of Certificated/Licensed Personnel shall provide a written decision concerning date the grievance is filed. Both parties commit to the grievant(s) scheduling such meetings without unnecessary delay and the immediate supervisor within ten (10) days following receipt of the appealin good faith. Step 3. If action taken by the Director of Certificated/Licensed Personnel does 21.3 A grievance raised under Section 21.1 and 21.2 and not resolve the grievance to the satisfaction of the grievant(s), such grievant(ssettled within thirty-five (35) may appeal, in writing, to the Superintendent of Schools within ten (10) calendar days after receipt of the written decision notice described (this time may be extended by mutual agreement) may be submitted to arbitration, in accordance with the procedures hereinafter set forth, upon written notice of either party served upon the other party. By mutual agreement, any properly submitted grievance may be moved to arbitration at any time within the thirty-five (35) calendar days. A request for arbitration, defined as requesting an arbitrator list from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(sFederal Mediation and Conciliation Service (FMCS), the Director of Certificated/Licensed Personnel, must be made in writing within one hundred and the immediate supervisor within ten twenty (10120) days of the conferencefiling of the grievance or the grievance shall be waived. 21.4 The Publisher and the Guild shall jointly or singly request the FMCS to furnish lists of not fewer than eleven (11) arbitrators. Selection shall be made in accordance with the procedures of the FMCS. If no conference is held, the Superintendent shall provide a written decision concerning the grievance party adverse to the grievant(s)complaining party refuses for any reason to proceed to the selection of an arbitrator, Director or if for any other reason an arbitrator is not selected or secured, then the complaining party has the right to request the FMCS to proceed to the appointment of Certificated/Licensed Personnelan arbitrator pursuant to the present rules of the voluntary labor arbitration tribunal of the FMCS, and the immediate supervisor within ten (10) daysgrievance shall be submitted to such arbitrator for final decision. Step 4. If 21.5 Either party may insist on having the issue of arbitrability heard and ruled on in a separate hearing before proceeding to a hearing on the merits of the grievance is not satisfactorily resolved at Step 3in question. Absent agreement of the parties, it may the issue of arbitrability shall be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed ruled on within ten twenty (1020) days of the receipt arbitrability hearing. 21.6 Expenses of arbitration which are jointly incurred shall be shared equally by the parties, except that neither party shall be required to pay any part of the Superintendent’s decisioncost of a stenographic record without its consent, provided that failure of a party to agree to share the cost of such stenographic record shall be deemed a waiver of such party's right of access to the record. 1. An 21.7 The award of the arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Associationfinal and binding. 2. 21.8 Renewal of this contract shall not be subject to arbitration. 21.9 The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section of this Master Contract, and shall have no power to change, modify, add to, subtract from, to or modify detract from any terms of this Master Contract by implication or otherwiseAgreement. 3. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from 21.10 If an arbitrator’s decision if within award requires restoration of lost wages and benefits, the scope of his/her authority as set forth above. It employee’s contribution to the 401(k) plan shall be final deducted from the check representing the lost wages and binding on distributed to the Association, its unit member(s401(k) involved, and the Board. 5plan at that time. Except as provided previously, the cost of the arbitrator The distribution shall be paid equally in the amount and directed to the funds as identified by the grievant and employee at the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.time of reinstatement.

Appears in 1 contract

Samples: Labor Agreement

Grievance Process. (1) Step I Grievances (Informal Grievance) (A) Step I is for a grievance filed by an employee or by the local Union on behalf of the employee. The grievant may, but is not required to, file at Step I as provided below or may proceed directly to Step II. (B) Informal grievances must be presented within thirty-five (35) days after the incident occurs or the grievant becomes aware of the incident, and must identify the name(s) of the grievant, nature of the complaint, and the remedy requested. This time limit will not apply where it is established that the employee had no way of being aware of the incident. When the grievance is made in writing, it shall state: (1) that it is being filed at Step I; (2) the date of the incident if known; (3) the name(s) of the grievant(s); (4) the nature of the complaint; (5) the identified contract articles, laws, rules, regulations, and/or policies alleged to be violated; and (6) requested remedies. The grievance may first be presented verbally by the concerned employee (or the employee’s representative acting on his/her behalf) with the first level supervisor in an attempt to settle the matter. The grievant may, at his or her option, reduce the grievance to writing. This written grievance may be in any form including email, a letter, memorandum, or on a Form CIS 827 at the Grievant’s or Union Representative’s option. If the discussion related first line supervisor lacks the authority to an informal complaint does not resolve the grievance complaint, he/she will immediately forward the request to the satisfaction appropriate official and notify the employee and the Union representative of the unit membername and location of the appropriate official where the grievance was forwarded. (C) The grievant may, if he or she desires, be assisted in the presentation by a Union representative. The Union representative must be present if the employee so desires. Any resolution of a grievance filed by an employee who proceeds without Union representation will be consistent with law and the terms of the parties’ Agreement. The Agency will provide the Union copies of all grievance resolutions in such cases. (D) Within fourteen (14) calendar days after receiving a timely filed grievance, the unit member(sfirst level supervisor (or designee) shall have render his or her decision to the right grievant’s representative, if any. Failure to lodge respond in the allotted time shall permit the employee to proceed to the next step. If the supervisor fails to render his/her decision within 14 days, or if the grievant or the Union is dissatisfied with the Step I decision, then the grievant or the Union may file a written Step II grievance with the immediate supervisorStep II Official. A copy Relevant evidence may be introduced at any stage of the written grievance shall also be filed with procedure. (2) Step II Grievances (A) Grievances initiated at Step II by the Director employee or the local Union on its own behalf or on behalf of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor within fifteen (15) days following employee, where the act or condition which step I official is the basis for subject of the grievance, such grievance is no longer grievablemust be submitted to the appropriate Step II official within thirty- five (35) days after the incident occurs or the date upon which the employee should have become aware of the incident. If the grievance is not within the authority of the immediate supervisor to resolve, with the approval of the Director of Certificated/Licensed Personnel the written grievance may be filed directly was initiated at Step 2 of the grievance process and bypass I, the Step 1 filing. The written II grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within ten (10) days after receipt of a written grievance, the immediate supervisor shall respond in writing to the grievant(s) concerning his/her final position or decision regarding the grievance. A copy of the supervisor’s response shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, submitted within ten (10) days after the unit member receives the written decision from the immediate supervisor. If either party requests a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appeal. Step 3. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), the Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section of this Master Contract, and shall have no power to add to, subtract from, or modify this Master Contract by implication or otherwise. 3. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.fourteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Process. Step 1Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (I0) days after the Employer's decision has been rendered at the step prior to arbitration. If Where the discussion related matter is so referred, the mediation process shall take place before the matter is referred to an informal complaint does not resolve Arbitrator. Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The parties shall agree on a mediator. Proceedings before the Mediator shall Accordingly the rules of evidence not apply no record of the proceedings shall be made and legal counsel shall not be used by either party If possible. an agreed statement of facts will be provided to the satisfaction Mediator. and if possible. in advance of the unit member, the unit member(s) shall Grievance Mediation Conference. The Mediator will have the right authority to lodge a written grievance meet separately with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. either party If such grievance no settlement is not submitted in writing to the immediate supervisor reached within fifteen five (155) days following Grievance Mediation, the act or condition which is parties are free to submit the basis for matter to Arbitration in accordance with the grievance, such grievance is no longer grievable. If the grievance is not within the authority provisions of the immediate supervisor Collective Agreement. In the event that a grievance which has been mediated subsequently proceeds to resolve, with arbitration. no person serving as the approval Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration. The Union and Employer will share the cost of the Director of Certificated/Licensed Personnel Mediator, if any. When either party requests that a grievance be submitted to Arbitration, the written grievance may request shall be filed directly at Step 2 in writing addressed to the other party to this Agreement and shall contain the name of the grievance process and bypass first party's nominee to the Step 1 filingBoard of Arbitration. The written grievance shall provide a concise statement recipient of the facts upon which notice shall. within ten 0) days thereafter designate its nominee to the grievance is based and include the identification Board of the aggrieved party or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress sought by the aggrieved party or partiesArbitration. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievancetwo (2) so nominated shall endeavour. Within ten (10) days after receipt of a written grievance, the immediate supervisor shall respond in writing to the grievant(s) concerning his/her final position or decision regarding the grievance. A copy of the supervisor’s response shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, within ten (10) days after the unit member receives appointment of the written decision from second of them, to agree upon a third person to act as Chairman of the immediate supervisorBoard of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten days after the appointment of the second one of them, then either party requests a conference, may request the Director Ministry of Certificated/Licensed Personnel Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance be at liberty prior to the grievant(s) and the immediate supervisor within expiration of ten (10) days from the date of the conference. If no conference is heldappointment of the second of them, or prior to the Director appointment of Certificated/Licensed Personnel shall provide a written decision concerning the Chairman within the said period of ten days, to discuss the grievance submitted to them with a view to mutual settlement. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned. Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half of the expenses and fees of the Chairman. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the grievant(s) and the immediate supervisor within ten (10) days following receipt facts of the appeal. Step 3involved. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision Only grievances arising from the Director of Certificated/Licensed Personnel. If either party requests a conferenceinterpretation, the Superintendent shall confer with the grievant(s). If a conference is heldapplication, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), the Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an administration or alleged violation, misapplication, or misinterpretation of a specific item violation of this Master Contract may be appealed Agreement including a question as to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator whether a matter is arbitrable shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2arbitrable. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section Board of this Master Contract, and Arbitration shall have no power to alter, add to, . subtract from, modify or modify amend this Master Contract by implication or otherwise. 3Agreement in order to give any decision inconsistent with it. The decision of the arbitratormajority of the members of the Board of Arbitration shall be the decision of the Board, but if rendered within there is no majority the decision of the Chairman shall govern. All agreements reached under the grievance and in accordance with Arbitration procedures between the above stated power, shall Employer and its representatives and the Union and its representatives will be final and binding on upon the AssociationEmployer, the bargaining unit member(s) involved, Union and the Board. 4involved. There Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be no appeal from an arbitrator’s decision if within awarded to or against any party. At any stage of the scope of his/her authority as set forth above. It shall be final and binding on the Associationgrievance procedure, its unit member(s) involved, and the Board. 5. Except as provided previouslyincluding Arbitration, the cost parties may have the assistance of the arbitrator shall be paid equally by the grievant and the Board. All other costs employee (or employees) concerned as a witness, all reasonable arrangements will be paid by made to permit the party incurring those costs. The Grievance Form is found in Appendix A.conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Samples: Collective Agreement

Grievance Process. Step 1Members, a designated representative, or a provider on behalf of the Member, may contact the Dental Member Services De- partment by telephone, letter, or on-line to request a review of an initial determination concerning a claim or Service. Mem- bers may contact the Dental Member Services Department at the telephone number as noted below. If the discussion related telephone inquiry to an informal complaint the Dental Member Services Department does not resolve the grievance question or issue to the satisfaction Member's satisfaction, the Member may request a grievance at that time, which the Dental Member Services Representative will initiate on the Member's behalf. The Member, a designated representative, or a provider on be- half of the unit memberMember, may also initiate a grievance by submit- ting a letter or a completed "Grievance Form". The Member may request this Form from the unit member(s) shall have the right to lodge a written grievance with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievableDental member Services De- partment. If the grievance is not within Member wishes, the authority of the immediate supervisor to resolve, with the approval of the Director of Certificated/Licensed Personnel the written grievance may be filed directly at Step 2 of Dental Member Services staff will assist in completing the grievance process and bypass form. Completed grievance forms must be mailed to a contracted Dental Plan Administrator at the Step 1 filingaddress provided below. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within ten (10) days after receipt of a written grievance, the immediate supervisor shall respond in writing to the grievant(s) concerning his/her final position or decision regarding the grievance. A copy of the supervisor’s response shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) Member may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, within ten (10) days after the unit member receives the written decision from the immediate supervisor. If either party requests a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning also submit the grievance to the grievant(sDental Member Services Department on-line by visiting xxxx://xxx.xxxxxxxxxxxx.xxx. A contracted Dental Plan Administrator will acknowledge re- ceipt of a written grievance within five (5) and calendar days. Grievances are resolved within thirty (30). The grievance system allows Members to file grievances for at least 180 days following any incident or action that is the immediate supervisor within ten (10) days sub- ject of the conferenceenrollee's dissatisfaction. See the previous Member Services section for information on the expedited decision process. The California Department of Managed Health Care is respon- sible for regulating health care service plans. If no conference is heldyou have a grievance against your health plan, you should first telephone your health Plan at 0-000-000-0000 and use your health Plan’s grievance process before contacting the Director of Certificated/Licensed Personnel shall provide a written decision concerning the Department. Utilizing this grievance procedure does not prohibit any potential legal rights or remedies that may be available to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appeal. Step 3you. If action taken you need help with a grievance involving an emergency, a grievance that has not been satisfactorily resolved by your health Plan, or a grievance that has remained unresolved for more than 30 days, you may call the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) Department for assistance. You may appeal, in writing, to the Superintendent of Schools within ten also be eligible for an Independent Medical Review (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer with the grievant(sIMR). If a conference is heldyou are eligible for IMR, the Superintendent shall provide IMR process will pro- vide an impartial review of medical decisions made by a written decision concerning the grievance health Plan related to the grievant(s), the Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation medical necessity of a specific item proposed service or treatment, coverage decisions for treatments that are experi- mental or investigational in nature and payment disputes for emergency or urgent medical services. The Department also has a toll-free telephone number (0-000-XXX-0000) and a TDD line (0-000-000-0000) for the hearing and speech impaired. The Department’s Internet Web site (xxxx://xxx.xxxxxxx.xx.xxx) has complaint forms, IMR application forms and instructions online. In the event that Blue Shield should cancel or refuse to renew the enrollment for you or your Dependents and you feel that such action was due to reasons of this Master Contract health or utilization of bene- fits, you or your Dependents may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected request a review by the parties within fifteen (15) days De- partment of the written appeal by using voluntary rules of the American Arbitration AssociationManaged Health Care Director. 2. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section of this Master Contract, and shall have no power to add to, subtract from, or modify this Master Contract by implication or otherwise. 3. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.

Appears in 1 contract

Samples: Dental Hmo Plan

Grievance Process. Step 1. If the discussion related to an informal complaint does not resolve the grievance to the satisfaction of the unit member, the unit member(s) shall have the right to lodge a written grievance with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievable. If the grievance is not within the authority of the immediate supervisor to resolveEither party, with the approval agreement of the Director of Certificated/Licensed Personnel other party, may submit a grievanceto Grievance Mediation at any time within ten ( I0) days after the written grievance may be filed directly Employer's decision has been rendered at Step 2 the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitrator. Grievance Mediation will commence within twenty-one (21) days of the grievance process and bypass being submitted to mediation, or longer period as agreed by the Step 1 filingparties. No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The written grievance parties shall provide agree on a concise mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedingsshall be made and legal counsel shall not be used by either party. If possible, an agreed statement of facts will be providedto the facts upon which the grievance is based Mediator, and include the identification if possible, in advance of the aggrieved party or parties; Grievance Mediation Conference. The Mediator will have the nature authority to meet separately with either party. If no settlement is reached within five (5)days following Grievance Mediation, the parties are free to submit the matterto Arbitration in accordance with the provisions of the grievance; collective agreement. In the provision(s) event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration. The Union and Employer will share the cost of the current written Mediator, if any. Arbitration Process When either party requeststhat a grievance be submitted to Arbitration, the request shall be in writing addressed to the other partyto this Agreement involved in and shall contain the grievance; and the nature name of the redress sought by first party's nominee to the aggrieved party or partiesBoard of Arbitration. The grievance formrecipient of the notice shall, included in this Master Contract in Appendix A, will be used to process any grievance. Within within ten (10) days after receipt of a written grievance, the immediate supervisor shall respond in writing thereafter designate its nominee to the grievant(sBoard of Arbitration. he two (2) concerning his/her final position or decision regarding the grievance. A copy of the supervisor’s response so nominated shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writingendeavour, within ten (10) days after the unit member receives appointment of the written decision from second of them, to agree upon a third person to act as Chairman of the immediate supervisorBoard of Arbitration. If either party requests the nominees are unable to agree upon a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor third person as Chairman within ten (10) days of the conference. If no conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appeal. Step 3. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10IO) days after receipt the appointment of the written decision second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (I0) days from the Director date of Certificated/Licensed Personnel. If either party requests a conferencethe appointment of the second of them, or prior to the Superintendent shall confer with appointment of the grievant(s). If a conference is heldChairman within the said period of ten (IO) days, the Superintendent shall provide a written decision concerning to discuss the grievance submitted to them with a view to mutual settlement. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned. Each of the parties shall pay its own expenses including pay for witnesses d the expenses of its own nominee and one-half of the expenses and of the Chairman. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the grievant(s), the Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days facts of the conferenceinvolved. If no conference is heldOnly grievances arising from the interpretation, the Superintendent shall provide a written decision concerning the grievance to the grievant(s)application, Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an administration or alleged violation, misapplication, or misinterpretation of a specific item violation of this Master Contract may be appealed Agreement includinga question as to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator whether a matter is arbitrable shall be selected by the parties within fifteen (15) days arbitrable. of the written appeal by using voluntary rules of the American Arbitration Association. 2. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section of this Master Contract, and shall have no power to alter, add to, subtract from, modify or modify amend this Master Contract by implication or otherwise. 3Agreement in order to give any decision inconsistent with it. The decision of the arbitratormajority of the members of the Board of Arbitration shall be the decision of the Board, but if rendered within there is no majority the decision of the Chairman shall govern. All agreements reached under the grievance and in accordance with Arbitration procedures between the above stated power, shall Employer and its representatives and the Union and its representatives will be final and binding on upon the AssociationEmployer,the Union and the involved. Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. At any stage of the grievance procedure, includingArbitration, the bargaining unit member(s) involved, and parties may have the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost assistance of the arbitrator shall be paid equally by the grievant and the Board. All other costs employee (or employees) concerned as a witness, all reasonable arrangements will be paid by made to permit the party incurring those costs. The Grievance Form is found in Appendix A.conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonabletime and so as not to interferewith the function of the Nursing Home.

Appears in 1 contract

Samples: Collective Agreement

Grievance Process. Step 1. If the discussion related to an informal complaint does not resolve the a grievance which has been referred to the satisfaction of the unit member, the unit member(s) shall have the right to lodge a written grievance with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is Administrator not submitted in writing to the immediate supervisor settled within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievable. If the grievance is not within the authority of the immediate supervisor to resolve, with the approval of the Director of Certificated/Licensed Personnel the written grievance may be filed directly at Step 2 of the grievance process and bypass the Step 1 filing. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within ten (10) working days after receipt it shall be deemed to have been abandoned as of a written grievance, the immediate supervisor shall respond tenth day unless either party notifies the other in writing that it wishes to proceed to arbitration. Either party, with the grievant(s) concerning his/her final position or decision regarding the grievance. A copy agreement of the supervisor’s response shall be sent other party, may submit a grievance to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, Mediation at any within ten (10) days after the unit member receives decision has been rendered at the written decision from step prior to arbitration. Where the immediate supervisormatter is so referred, the mediation process shall take place before the matter is referred to Arbitration. Grievance mediation will commence within twenty-one days of the grievance being submitted to mediation, or longer period as agreed by the parties. No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The parties shall agree on a mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. The Mediator will have the authority to meet separately with either party. If no settlement is reached within five (5) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration. The Union and Employer will share the cost of the Mediator, if any. When either party requests that a conferencegrievance be submitted to Arbitration, the Director of Certificated/Licensed Personnel request shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance be in writing addressed to the grievant(s) other party of the Agreement, and shall contain the immediate supervisor name of the nominee to the Arbitration Board of the party requesting Arbitration. The recipient of notice shall within ten (10) days thereafter notify the other party in writing of the conferencename of its nominee to the Arbitration Board. If no conference The two (2) nominees shall endeavour within ten days to agree upon a third member and Chairman of the Arbitration Board and it is heldunderstood that if two (2) nominees fail to agree upon a Chairman, the Director Chairman shall be appointed by the Ministry of Certificated/Licensed Personnel Labour for the Province of Ontario. No person shall provide a written decision concerning be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance grievance. No matter may be submitted to the grievant(s) and the immediate supervisor within ten (10) days following receipt Arbitration which has not been properly carried through all previous steps of the appeal. Step 3Grievance Procedure. If action taken by the Director of Certificated/Licensed Personnel does not resolve the grievance to the satisfaction Each of the grievant(s), such grievant(s) may appeal, in writing, parties to this Agreement shall bear the Superintendent fees and expenses of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conference, the Superintendent shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance to the grievant(s), the Director of Certificated/Licensed Personneltheir own nominee and witnesses, and the immediate supervisor within ten (10) days fees and expenses of the conferenceChairman shall be shared equally between the parties. If no conference is held, The Board of Arbitration shall not be empowered to make any decision inconsistent with the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item provisions of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days Agreement, nor shall they alter, modify or amend any part of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2this Agreement. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section Board of this Master Contract, and Arbitration shall have no power to alter, add to, subtract from, modify or modify amend this Master Contract by implication or otherwise. 3Agreement in order to give any decision inconsistent with it. The decision of the arbitratormajority of the members of the Board of Arbitration shall be the decision of the Board, but if rendered within and in accordance with there is no majority the above stated powerdecision of the Chairman shall govern. Any grievance involving the interpretation or application, administration or alleged violation of the Agreement, which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any arbitration shall be awarded to or against any party. The decision of the majority of the Arbitration Board shall be final and binding on both parties as well as upon all employees affected, but in the Associationevent there is no majority decision, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost of the arbitrator Chairman shall then be paid equally by the grievant and decision of the Board. At any stage of the Grievance Procedure including Arbi- tration, the parties may have the assistance of the employee or employees concerned as witnesses and any other necessary witnesses. All other costs reasonable arrangements will be paid by made to permit the party incurring those costs. The Grievance Form is found in Appendix A.conferring parties or the Arbitrator to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance.

Appears in 1 contract

Samples: Collective Agreement

Grievance Process. Step 1. If the discussion related to an informal complaint does not resolve the grievance to the satisfaction of the unit member, the unit member(s) shall have the right to lodge a written grievance with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificated/Licensed Personnel. If such grievance is not submitted in writing to the immediate supervisor within fifteen (15) days following the act or condition which is the basis for the grievance, such grievance is no longer grievable. If the grievance is not within the authority of the immediate supervisor to resolveEither party, with the approval agreement of the Director of Certificated/Licensed Personnel the written other party, may submit a grievance may be filed directly to Mediation at Step 2 of the grievance process and bypass the Step 1 filing. The written grievance shall provide a concise statement of the facts upon which the grievance is based and include the identification of the aggrieved party or parties; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress sought by the aggrieved party or parties. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within ten (10) days after receipt of a written grievance, the immediate supervisor shall respond in writing to the grievant(s) concerning his/her final position or decision regarding the grievance. A copy of the supervisor’s response shall be sent to the Director of Certificated/Licensed Personnel. Step 2. If the grievance is not resolved in Step 1 to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, within ten (10) time fen days after the unit member receives decision has been rendered at the written decision from step prior to arbitration. Where the immediate supervisor. If either party requests a conferencematter is so referred, the Director of Certificated/Licensed Personnel mediation process shall confer with take place before the grievant(s). If a conference matter is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance referred to the grievant(s) and the immediate supervisor Grievance Mediation commence within ten twenty-one (1021) days of the conferencegrievance being submitted to mediation, or longer as agreed by the No matter may be to Grievance Mediation which has not been properly carried through the grievance procedure, provided may extend the time fixed in the grievance procedure. The parties shall agree on a mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence not apply, no of the proceedingsshall be made and legal shall not be used by either party. If possible, an agreed statement of facts be provided to the Mediator, and If in advance of the Grievance Mediation Conference. The Mediator have the authority to meet separately with either if no conference is heldsettlement reached within five (5) days Grievance Mediation, the Director of Certificated/Licensed Personnel shall provide a written decision concerning parties are free to submit the grievance matter to Arbitration in accordance the grievant(s) and the immediate supervisor within ten (10) days following receipt provisions of the appeal. Step 3agreement. If action taken in the event that a grievance which has been mediated subsequently proceeds to arbitration. no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the Director of Certificated/Licensed Personnel does not resolve mediator may be referred to Arbitration. The Union and Employer the grievance to the satisfaction cost of the grievant(s)Mediator, such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the written decision from the Director of Certificated/Licensed Personnelif any. If Arbitration Process When either party requests that a conferencegrievance be submitted to Arbitration, the Superintendent request shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning the grievance be in writing addressed to the grievant(s), other party to this Agreement and shall contain the Director name of Certificated/Licensed Personnel, and the immediate supervisor first nomineeto the Board of The recipient of the notice shall within ten days thereafter designate its nominee to the Board of Arbitration. The (102) so nominated endeavour within ten days the appointment of the conference. If no conference is held, of them to agree upon e third person to act as Chairman of the Superintendent shall provide a written decision concerning the grievance to the grievant(s), Director Board of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten days after the appointment of the second one of them, then either party may request the of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten days from the date of the appointment of the second of them, or prior to the appointment of the Chairman in the said period of ten days to discuss the grievance is not satisfactorily resolved at Step 3, it submitted to them with a view to mutual settlement. No person may be appealed according appointed as an Arbitrator who has been involved in an to negotiate or settle the particular grievance concerned. Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half of the expenses and fees of the Chairman. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the following procedures: Grievances regarding an facts of the involved. Only grievances arising from the interpretation, application, administration or alleged violation, misapplication, or misinterpretation of a specific item violation of this Master Contract may Agreement including a question as to whether a matter is arbitrable, be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties within fifteen (15) days of the written appeal by using voluntary rules of the American Arbitration Association. 2arbitrable. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section Board of this Master Contract, and Arbitration shall have no power to add to, subtract from, modify or modify amend this Master Contract by implication or otherwise. 3Agreement in order to give any decision inconsistent with it. The decision of the arbitratormajority of the members of the Board of Arbitration be the decision of the Board, but if rendered within there is no majority, the decision Chairman All agreements reached under the Grievance and in accordance Arbitration procedures between the Employer and its representatives and the Union and its representatives be and binding upon the Employer, Union and the involved. At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee or employees concerned as a witness, reasonable arrangements be made to the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its unit member(s) involved, and the Board. 5. Except as provided previously, the cost function of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.Nursing Home.

Appears in 1 contract

Samples: Collective Agreement

Grievance Process. Step 1. If the discussion related to an informal complaint does not resolve : The grievant shall discuss the grievance to the satisfaction of the unit member, the unit member(s) shall have the right to lodge a written grievance informally with the immediate supervisor. A copy of the written grievance shall also be filed with the Director of Certificatedhis/Licensed Personnel. If such grievance is not submitted in writing to the her immediate supervisor within fifteen (15) days following from the act occurrence of the grievance or condition which is fifteen (15) days from the basis for grievant's first knowledge of the grievable action or from the time he/she reasonably should have had knowledge of the grievance, such grievance is no longer grievable. . Step 2: If the matter remains unresolved, the grievant shall submit a written grievance is not within the authority of to the immediate supervisor to resolve, with within twenty (20) days following the approval of the Director of Certificated/Licensed Personnel the written grievance may be filed directly at Step 2 occurrence of the grievance process and bypass or twenty (20) days from the Step 1 filinggrievant's first knowledge or from the time the grievant reasonably should have had knowledge of the grievance. The written grievance shall provide a concise contain: 1. A statement of the facts upon grievance and relevant facts; 2. The management action or inaction which initiated the grievance is based and include the identification grievance; 3. The specific provisions of the aggrieved party Agreement, Policy, or partiesAdministrative decision alleged violated; the nature of the grievance; the provision(s) of the current written Agreement involved in the grievance; and the nature of the redress and 4. The remedies sought by the aggrieved party or partiesgrievant which would resolve the grievance. The grievance form, included in this Master Contract in Appendix A, will be used to process any grievance. Within ten (10) days after receipt of a written grievance, the immediate supervisor shall respond in writing to the grievant(sgrievant within ten (10) concerning days; a copy of his/her final position or decision regarding the grievance. A copy of the supervisor’s response shall be sent also go to the Director of Certificated/Licensed PersonnelAssociation. Step 2. 3: If the grievance is not resolved in Step 1 remains unresolved, the grievant shall submit the grievance statement to the satisfaction of the grievant(s), such grievant(s) may appeal the decision of the immediate supervisor to the Director of Certificated/Licensed Personnel. Such appeal must be filed, in writing, Superintendent or his designee within ten (10) days after the unit member receives the written decision from the immediate supervisor. If either party requests a conference, the Director of Certificated/Licensed Personnel shall confer with the grievant(s). If a conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days of the conference. If no conference is held, the Director of Certificated/Licensed Personnel shall provide a written decision concerning the grievance to the grievant(s) and the immediate supervisor within ten (10) days following receipt of the appeal. Step 3supervisor's response. If action taken by the Director of CertificatedThe Superintendent or his/Licensed Personnel does not resolve her designee shall hear the grievance to the satisfaction of the grievant(s), such grievant(s) may appeal, in writing, to the Superintendent of Schools within ten (10) days after receipt of the Step 4: If the written decision from the Director of Certificated/Licensed Personnel. If either party requests a conferencegrievance remains unresolved, the Superintendent grievant shall confer with the grievant(s). If a conference is held, the Superintendent shall provide a written decision concerning submit the grievance statement to the grievant(s), ESD Board Chairperson within five (5) days from receipt of the Director response specified in Step 3. The ESD Board Chairperson shall establish a hearing date within five (5) days after receipt of Certificated/Licensed Personnel, and the immediate supervisor grievance statement. The Board shall hear the grievance within ten twenty-two (1022) days of the conference. If no conference is held, the Superintendent receipt and shall provide give a written decision concerning the grievance response to the grievant(s), Director of Certificated/Licensed Personnel, and the immediate supervisor within ten (10) days. Step 4. If the grievance is not satisfactorily resolved at Step 3, it may be appealed according to the following procedures: Grievances regarding an alleged violation, misapplication, or misinterpretation of a specific item of this Master Contract may be appealed to binding arbitration. Such appeal must be filed within ten (10) days of the receipt of the Superintendent’s decision. 1. An arbitrator shall be selected by the parties grievant within fifteen (15) days thereafter; a copy of the written appeal response shall also go to the Association. Step 5: Only specific alleged violations of this Agreement shall be allowed to proceed to arbitration. The arbitrator shall have no authority over Board Policy or administrative decisions not in conflict with this Agreement. If the grievance remains unresolved, the Association may submit the grievance to arbitration. Upon receipt of the appeal, the Association and Superintendent shall attempt to select an arbitrator within five (5) days. If this cannot be done, the parties shall request a list of arbitrators from the Employment Relations Board (XXX). The parties agree to abide by using voluntary the rules of the American Arbitration Association. 2. The arbitrator shall be empowered only to base his/her decision upon some specific Article and Section of this Master Contract, and shall have no power to add to, subtract from, or modify this Master Contract by implication or otherwise. 3Association in conducting the hearing. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on the Association, the bargaining unit member(s) involved, and the Board. 4. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It authority, shall be final and binding on the Association, its unit member(s) involved, and the Boardparties. 5. Except as provided previously, the cost of the arbitrator shall be paid equally by the grievant and the Board. All other costs will be paid by the party incurring those costs. The Grievance Form is found in Appendix A.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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