GRIEVANCES AND GRIEVANCE PROCEDURES. SECTION 1. A grievance is defined to be a claim that there has been a violation, misrepresentation, or misapplication of any provision of this Master Contract. SECTION 2. In the settlement of grievances under the terms of this agreement the following shall be observed: A. No grievance shall be entertained or considered unless it is presented in writing, on forms provided by the Union, within fourteen (14) calendar days after the act or incident occurred which gave rise to the controversy involving the interpretation or application of the terms of employment as herein set forth. B. If a grievance is presented in a due and timely manner as herein provided by the Xxxxxxx or designated official of the Association or AFSCME/Council 61, the designated official of the School District will meet with the Xxxxxxx or designated official of the Association or AFSCME/Council 61 at a mutually agreed upon time and place and attempt to resolve the grievance. This meeting will be held within seven (7) days after the District receives such grievance. A written answer will be prepared by the appropriate official of the School District and will be given to the grievant and the Xxxxxxx or designated official of the Association or AFSCME/Council 61 within seven (7) calendar days following the grievance meeting. C. In the event a grievance has not been satisfactorily resolved at the above step, the grievance must be appealed within seven (7) calendar days by filing a copy of the grievance with the Superintendent of Schools or his/her designee. The Superintendent or designee will meet with the Xxxxxxx or designated official of the Association or AFSCME/Council 61 at a mutually agreed upon time and place and attempt to resolve the grievance. The Superintendent or designee shall file an answer within ten (10) calendar days of the date of the meeting and communicate it in writing to the Xxxxxxx or designated official of the Association or AFSCME/Council 61. D. Any grievance not resolved at STEP C of the grievance procedure may be appealed by the Union by written notice of a request for arbitration signed by the Union President or the representative of AFSCME/Iowa Council 61 and submitted to the Superintendent or his/her designee within ten (10) calendar days of receipt by the employee of the Superintendent’s or designee’s written answer at STEP C. Within ten (10) calendar days of receipt by the Superintendent of the written notice of request for arbitration, representatives of the Employer and the Union shall attempt to select a mutually acceptable arbitrator. If the Employer and the Union fail to agree on an arbitrator, they shall within ten (10) days of the arbitration notice jointly request the Public Employment Relations Board (PERB Board) to submit a list of seven (7) arbitrators. Within ten (10) days after receipt of such list, the designated representatives of the Employer and the Union shall meet and shall determine by lot the order of elimination and thereafter each shall, in that order, alternately strike a name from the list until six (6) names have been struck. The seventh and remaining person shall act as arbitrator. The hearing shall be scheduled within sixty (60) days after the date of the selection of the arbitrator. After hearing such evidence as the parties desire to present, the arbitrator shall render a written opinion and award. The arbitrator shall have no authority or power to add to, subtract from or modify or amend any term of this Agreement. The arbitrator shall have no authority or power to substitute his/her discretion for that of the Employer in any matter reserved to the Employer by law or the terms of this Agreement. A decision of the arbitrator shall, within the scope of his/her authority, be final and binding upon the parties. The Employer and the Union will share equally any joint costs of the arbitration procedure, such as the fee and expense of the arbitrator and the cost of the hearing room. Any other expenses shall be paid by the party incurring them. E. The failure of an employee or the Union or its representatives to properly initiate or appeal a grievance to the next step within the time limits specified above shall bar initiation or further appeal. The failure of an administrator designated herein to reply to or answer a grievance within the time limits specified above shall constitute an automatic appeal to the next step of the Grievance Procedure. The time limits specified above may be extended by mutual agreement. F. All grievances shall be presented, discussed, and processed on the employees’ non-working time. SECTION 3. Nothing in this Article herein above contained shall prevent proper representatives of either party from discussing any and all matters pertaining to grievances prior to their reduction to written form. SECTION 4. The time limits set forth in this Article shall be based on calendar days.
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Samples: Comprehensive Master Contract, Comprehensive Master Contract, Comprehensive Master Contract