Common use of Grievance Resolution Clause in Contracts

Grievance Resolution. 16.01 Any grievance or difference between the parties to this Agreement regarding the application, interpretation, operation, or any alleged violation of this Agreement will be dealt with progressively, and without stoppage of work or refusal to perform work except where there is an imminent danger to the health or safety of the GA pursuant to the Occupational Health and Safety Act, Regulation, and Code, and the University Harassment and Discrimination policy. 16.02 The grievance resolution process outlined in this Agreement only applies to grievances related to the application or interpretation of the terms and conditions of this Agreement. It does not apply to grievances involving graduate student academic performance (including grades or examinations), or academic and non- academic offenses as defined in the Calendar, or decisions of the Graduate Council or Graduate Council Executive. 16.03 The GA and Coordinator may resolve the dispute informally. Any informal resolution will be without prejudice and with respect. The grievor has the right at any time, to consult with the ULGSA to help navigate the situation and to determine if the situation is in breach of this Agreement. 16.04 The ULGSA may initiate the grievance process over a general grievance regarding the application or interpretation of this Agreement on behalf of a GA, all GAs, or a group of GAs. 16.05 For any particular grievance, any time periods referred to in this Article may be extended by written mutual consent of the parties to this Agreement. 16.06 Failing resolution of the complaint informally, the ULGSA, on behalf of the GA, may begin the formal grievance process: (a) The ULGSA will inform the Appointing Administrator of the grievance within fifteen (15) working days of receipt of the notification of the grievance. The notice to the Appointing Administrator will be in writing and include details regarding the nature of the grievance and the resolution sought. (b) The Appointing Administrator will i. Consult with the ULGSA, the Coordinator, the instructor of record, administrator, or others as appropriate in an attempt to resolve the grievance within five (5) working days of receipt of notification of the grievance; and ii. Deliver a decision in writing to the ULGSA within ten (10) working days of receipt of notification of the grievance. (a) If there is not a satisfactory resolution of the grievance after Step 1, the ULGSA may inform the Xxxx of the School of Graduate Studies or, in the case where the Xxxx is the Appointing Administrator, the Xxxxxxx and VP Academic of the grievance within five (5) working days of the decision in Step 1. The notice will be in writing, describing the nature of the grievance and the proposed resolution. (b) The Xxxx of the School of Graduate Studies will obtain a written statement from the Appointing Administrator outlining the nature of the grievance and attempts made to resolve it. The Xxxx of Graduate Studies may request any further information from the parties involved. (c) The Xxxx of the School of Graduate Studies will issue a decision in writing within ten (10) working days of the receipt of the GA’s notice of the grievance. The decision will be sent to the ULGSA, the Appointing Administrator, and the Coordinator involved. (a) If the ULGSA is not satisfied with the decision in Step 2, the ULGSA may request that the ULGSA initiate a referral to an arbitration panel. The ULGSA has the sole authority to determine whether to refer the grievance to an arbitration panel and to make decisions regarding the grievance during the arbitration process. (b) In submitting a request for a referral to an arbitration panel, the ULGSA will: state the grievance in writing; refer to the specific Article(s) allegedly violated or improperly applied; summarize the facts giving rise to the grievance; and state the resolution being sought. (c) A request for a referral to an arbitration panel must be filed with the Xxxx of the School of Graduate Studies within fifteen (15) working days of the decision in Step 2. 16.07 Where the Board wishes to advance a grievance against the ULGSA, the Board or its delegate shall present the grievance in writing to the ULGSA. If the matter is not resolved to the satisfaction of the Board within fifteen (15) working days of the ULGSA having received the grievance, the Board may refer the matter to arbitration, in accordance with Article 17: Arbitration Panel herein.

Grievance Resolution. 16.01 Any When a unit member has a grievance, it shall be presented in the following manner: The unit member with a complaint should first discuss the issue with the person they are directly responsible to, with the objective of resolving the matter informally. In the event the matter is not resolved informally within one week following the act or condition which is the basis of the grievance, the following procedure shall be adhered to, with complete confidential status at each level. 1. School Level (Step I) a. The unit member alleging the grievance shall submit to the principal or difference between the parties immediate supervisor in writing, a complaint citing the number of the applicable regulation or policy; provided, however, that no grievance may be filed more than 10 workdays after the unit member knew or should have known of the circumstances giving rise to this Agreement regarding the applicationproblem. The unit member may be alone or accompanied by a representative of the Association when submitting the complaint in writing to the principal or the immediate supervisor. b. Within 10 workdays after receiving the grievance in writing, interpretationthe principal or the immediate supervisor shall render a decision in writing, operationwhich shall include the supporting reasons, and furnish a copy to the unit member and to the unit member’s Association representative, or any alleged violation the principal or the immediate supervisor shall have discussed the grievance with the unit member and the unit member’s Association representative, if there is one, prior to rendering a written decision. 2. District Level (Step II) a. Within 10 workdays after receiving the principal's or the immediate supervisor's decision, the unit member alleging the grievance may, individually or accompanied by an Association representative, appeal the decision to the District Superintendent. The appeal shall be in writing and shall be accompanied by a copy of the decision at Step I. b. Within 10 workdays after receipt of the appeal, the District Superintendent shall investigate the grievance. Such investigation shall include giving all persons who participated in Step I a reasonable opportunity to be heard. c. Within 15 workdays after receipt of the appeal, the District Superintendent shall render a decision in writing, which shall include supporting reasons, to the unit member and his/her Association representative, if any, and to the principal or the immediate supervisor. 3. Mediation Level (Step III) a. Within 10 workdays after receiving the District Superintendent's decision at Step II, the employee alleging the grievance may, individually or accompanied by an Association representative, appeal said decision in writing to State Mediation and Conciliation Services and request the services of a mutually acceptable mediator to mediate the grievance. A copy of the written appeal to State Mediation and Conciliation Services shall be sent to the District Superintendent. b. The mediator's decision shall be limited solely to the interpretation and application of this Agreement will be dealt with progressivelyand the District's Board policies. The mediator shall not determine any issues other than those submitted to mediation. Where the District has made a judgment involving the exercise of discretion, and without stoppage of work or refusal the mediator shall review such decision solely to perform work except where there is an imminent danger to determine whether the health or safety of decision has violated the GA pursuant to the Occupational Health and Safety Act, Regulation, and CodeAgreement and/or District Board policies, and the University Harassment and Discrimination policymediator shall not substitute his/her judgment for that of the District. 16.02 The c. In the event the parties are unable to settle the grievance resolution process outlined in this Agreement only applies to grievances related through mediation, they may by mutual agreement request that the mediator make a written recommendation to the application or interpretation of the terms and conditions of this Agreement. It does not apply District Board on how to grievances involving graduate student academic performance (including grades or examinations), or academic and non- academic offenses as defined in the Calendar, or decisions of the Graduate Council or Graduate Council Executive. 16.03 The GA and Coordinator may resolve the dispute informally. Any informal resolution will be without prejudice and with respect. The grievor has the right at any time, to consult with the ULGSA to help navigate the situation and to determine if the situation is in breach of this Agreement. 16.04 The ULGSA may initiate the grievance process over a general grievance regarding the application or interpretation of this Agreement on behalf of a GA, all GAs, or a group of GAs. 16.05 For any particular grievance, any time periods referred to in this Article may be extended by written mutual consent of the parties to this Agreement. 16.06 Failing resolution of the complaint informally, the ULGSA, on behalf of the GA, may begin the formal grievance process: (a) The ULGSA will inform the Appointing Administrator of the grievance within fifteen (15) working days of receipt of the notification of the grievance. The notice mediator's recommendation shall be made within 10 workdays following the close of the mediation session and shall set forth the mediator's reasons for his/her recommendation. d. Should the parties not mutually agree to have a mediator's written recommendation be made to the Appointing Administrator will be in writing and include details regarding Board of Trustees, the nature unit member or his/her Association representative may appeal the grievance to the Board of Trustees within 10 workdays following the close of the grievance and the resolution soughtmediation session. 4. Arbitration Level (b) The Appointing Administrator will i. Consult with Step IV). In the ULGSA, event the Coordinator, the instructor of record, administrator, or others as appropriate in an attempt to resolve the grievance within five (5) working days of receipt of notification of the grievance; and ii. Deliver a decision in writing to the ULGSA within ten (10) working days of receipt of notification of the grievance. (a) If there is not a satisfactory resolution of the grievance after Step 1, the ULGSA may inform the Xxxx of the School of Graduate Studies or, in the case where the Xxxx is the Appointing Administrator, the Xxxxxxx and VP Academic of the grievance within five (5) working days of the decision in Step 1. The notice will be in writing, describing the nature of the grievance and the proposed resolution. (b) The Xxxx of the School of Graduate Studies will obtain a written statement from the Appointing Administrator outlining the nature of the grievance and attempts made to resolve it. The Xxxx of Graduate Studies may request any further information from the parties involved. (c) The Xxxx of the School of Graduate Studies will issue a decision in writing within ten (10) working days of the receipt of the GA’s notice of the grievance. The decision will be sent to the ULGSA, the Appointing Administrator, and the Coordinator involved. (a) If the ULGSA Grievant is not satisfied with the decision in Step 2result at Level Three, the ULGSA may request that Grievant may, within ten days of completion of the ULGSA initiate a referral to an arbitration panel. The ULGSA has the sole authority to determine whether to refer Level Three proceedings, submit the grievance to an arbitration panel and to make decisions regarding under the grievance during Voluntary Labor Arbitration Rules of the arbitration processAmerican Arbitration Association. (b) In submitting a request for a referral to an 5. The arbitration panel, the ULGSA will: state the grievance in writing; refer shall be limited solely to the specific Article(s) allegedly violated or improperly applied; summarize the facts giving rise interpretation and application of this Agreement to the grievance; and state the resolution being soughtprecise issue(s) submitted for arbitration. The arbitration shall not determine any other issue(s). (c) A request for a referral 6. The arbitrator shall have no power or authority to an arbitration panel must be filed with the Xxxx hear cases challenging any of the School following: A. The termination of Graduate Studies within fifteen (15) working days services or failure to reemploy a probationary unit member. B. The content of the decision in Step 2unit member’s evaluation. 16.07 Where 7. After a hearing on the Board wishes to advance a grievance against the ULGSA, the Board or its delegate shall present the grievance in writing to the ULGSA. If the matter is not resolved to the satisfaction merits of the Board within fifteen (15) working days of the ULGSA having received the grievance, the arbitrator shall render a written award which sets forth findings of fact, reasoning, and conclusions on the precise issue(s) submitted. A. Where the District has made a judgment involving the exercise of discretion, the arbitrator shall review such decision solely to determine whether the decision has violated the Agreement and shall not substitute the arbitrator’s judgment for that of the District B. The arbitrator shall not add to, subtract from, amend, modify, or alter any provisions or procedure contained in this Agreement. C. The arbitrator shall not issue statements of opinion or conclusions not essential to the determination of the issue(s) submitted. D. The arbitrator’s award may include restitution, financial reimbursement, or other proper remedy. 8. The award of the arbitrator will be submitted to the Board may refer of Trustees for implementation. 9. The costs of the matter to arbitrationarbitration proceedings, in accordance with Article 17: Arbitration Panel hereinincluding filing fees, the per-diem charges of the arbitrator, and any other fees shall be borne equally by the parties. 10. Each party shall be responsible for the costs of presenting its case.