Common use of Grievance Under Article III, A Clause in Contracts

Grievance Under Article III, A. 1. a Any member of the Unit who has a grievance as defined in Article III, A.1.a shall first discuss it with the Superintendent within twenty (20) days of its occurrence in an attempt to resolve the grievance. If, within a period of five (5) days of the submission of a grievance the matter is not resolved by discussion, the member of the Unit hereinafter called "Member" shall submit his grievance in writing to the Superintendent, who shall within an additional period of five (5) days thereafter notify the Member in writing of his decision. In the event the Member is not in agreement with the decision of the Superintendent, such Member may, within ten (10) days after receipt of the Superintendent's decision, file a written appeal with the Board. The Board, or a Committee of the Board may grant the aggrieved Member a hearing and render a decision within twenty (20) days of receipt of such request. If the aggrieved person is not satisfied with the disposition of his grievance by the Board, or if no decision has been rendered within twenty (20) days of receipt of such request, he may, within five (5) days request in writing that the Association submit the grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) days after receipt of a request by the aggrieved person with a copy provided to the Board of Education. Within ten (10) days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, either party may make a request for a list of arbitrators to the Public Employment Relations Commission. Said requests shall be made within five (5) days. The rules and procedures of the Public Employment Relations Commission shall then bind the parties. The Arbitrators decision shall be in writing and shall be submitted to the Board and the Association and shall be advisory only. The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring the same. The arbitrator selected shall consider only the issue or issues submitted to him and shall have no authority to add or to subtract from the specific terms of the collective bargaining agreement. All documents, communications and records dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations and other necessary documents shall be prepared jointly by the Superintendent and the Association. They shall be distributed appropriately to facilitate implementation of the grievance procedure. All meetings and hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated or selected representatives, heretofore referred to in this Article. At any and all of the hearings and during any and all of the steps hereinabove outlined, the Member shall have the right to be represented by a person or persons of his own choosing.

Appears in 2 contracts

Samples: Agreement, Agreement

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Grievance Under Article III, A. 1. a 1a Any member of the Unit unit who has a grievance as defined in Article III, A.1.a ,A.1a above shall first discuss it with the Superintendent Principal within twenty (20) days of its occurrence in an attempt to resolve the grievance. If, within a period of five (5) days of the submission of a grievance grievance, the matter is not resolved by discussion, the member of the Unit unit (hereinafter called "Member" “member”) shall submit his grievance in writing to the SuperintendentPrincipal, who shall within an additional period of five (5) days thereafter notify the Member member in writing of his decision. If the member objects to the opinion rendered by the Principal, he may, within five (5) days after receipt of the Principal’s written decision, appeal the same to the Superintendent, such appeal shall be in writing and shall set forth the grounds upon which the objection is based. A copy of any such appeal shall be promptly submitted to the Principal. Within a period of ten (10) days from the filing of the appeal with the Superintendent, he shall grant the member a hearing and shall submit his decision in writing, with supporting reasons, to the member and shall forthwith deliver a copy of such decision to the Principal. In the event the Member member is not in agreement with the decision of the Superintendent, such Member member may, within ten (10) days after receipt of the Superintendent's ’s decision, file a written appeal with the Board. The Board, or a Committee committee of the Board Board, may grant the aggrieved Member member a hearing and render a decision within twenty (20) days of receipt of such request. If the aggrieved person is not satisfied with the disposition of his grievance by the Board, or if no decision has been rendered within twenty (20) days of receipt of such request, he may, within five (5) days request in writing that the Association submit the grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) days after receipt of a request by the aggrieved person with a copy provided to the Board of Educationperson. Within ten (10) days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator arbitrators to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, either party may make a request for a list of arbitrators may be made to the Public Employment Relations CommissionCommission by either party. Said requests request shall be made within five (5) days. The parties shall then be bound by the rules and procedures of the Public Employment Relations Commission shall then bind the partiesCommission. The Arbitrators arbitrator’s decision shall be in writing and shall be submitted to the Board and the Association and shall be advisory only. In the event that the arbitrability of a grievance is at issue between the parties, jurisdiction to resolve the issue shall rest with the arbitrator selected in accordance with the provision of this article, or with the Public Employment Relations Commission or the courts where appropriate. The costs for of the services of the Arbitratorarbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring the same. The arbitrator selected shall consider only the issue or issues submitted to him and shall have no authority to add or to subtract from the specific terms of the collective bargaining agreementexpense. All documents, communications and records dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations recommendations, and other necessary documents shall be prepared jointly by the Superintendent and the Association. They shall be distributed appropriately Association and given appropriate distribution so as to facilitate implementation operations of the grievance procedure. All meetings and hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated or selected representatives, heretofore referred to in this Articlearticle. At any and all of the hearings and during any and all of the steps hereinabove outlined, the Member member shall have the right to be represented by a person or persons of his own choosing.

Appears in 1 contract

Samples: Agreement

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Grievance Under Article III, A. 1. a 1a Any member of the Unit unit who has a grievance as defined in Article III, A.1.a A.1a above shall first discuss it with the Superintendent Principal within twenty (20) days of its occurrence in an attempt to resolve the grievance. If, within a period of five (5) days of the submission of a grievance grievance, the matter is not resolved by discussion, the member of the Unit unit (hereinafter called "Member" “member”) shall submit his grievance in writing to the SuperintendentPrincipal, who shall within an additional period of five (5) days thereafter notify the Member member in writing of his decision. If the member objects to the opinion rendered by the Principal, he may, within five (5) days after receipt of the Principal‟s written decision, appeal the same to the Superintendent, such appeal shall be in writing and shall set forth the grounds upon which the objection is based. A copy of any such appeal shall be promptly submitted to the Principal. Within a period of ten (10) days from the filing of the appeal with the Superintendent, he shall grant the member a hearing and shall submit his decision in writing, with supporting reasons, to the member and shall forthwith deliver a copy of such decision to the Principal. In the event the Member member is not in agreement with the decision of the Superintendent, such Member member may, within ten (10) days after receipt of the Superintendent's Superintendent‟s decision, file a written appeal with the Board. The Board, or a Committee committee of the Board Board, may grant the aggrieved Member member a hearing and render a decision within twenty (20) days of receipt of such request. If the aggrieved person is not satisfied with the disposition of his grievance by the Board, or if no decision has been rendered within twenty (20) days of receipt of such request, he may, within five (5) days request in writing that the Association submit the grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) days after receipt of a request by the aggrieved person with a copy provided to the Board of Educationperson. Within ten (10) days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator arbitrators to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, either party may make a request for a list of arbitrators may be made to the Public Employment Relations CommissionCommission by either party. Said requests request shall be made within five (5) days. The parties shall then be bound by the rules and procedures of the Public Employment Relations Commission shall then bind the partiesCommission. The Arbitrators arbitrator‟s decision shall be in writing and shall be submitted to the Board and the Association and shall be advisory only. In the event that the arbitrability of a grievance is at issue between the parties, jurisdiction to resolve the issue shall rest with the arbitrator selected in accordance with the provision of this article, or with the Public Employment Relations Commission or the courts where appropriate. The costs for of the services of the Arbitratorarbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring the same. The arbitrator selected shall consider only the issue or issues submitted to him and shall have no authority to add or to subtract from the specific terms of the collective bargaining agreementexpense. All documents, communications and records dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations recommendations, and other necessary documents shall be prepared jointly by the Superintendent and the Association. They shall be distributed appropriately Association and given appropriate distribution so as to facilitate implementation operations of the grievance procedure. All meetings and hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated or selected representatives, heretofore referred to in this Articlearticle. At any and all of the hearings and during any and all of the steps hereinabove outlined, the Member member shall have the right to be represented by a person or persons of his own choosing.

Appears in 1 contract

Samples: Agreement

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