Longevity Steps STEP 19 = 11 years of, full-time service in the Murrieta Valley Unified School District with the exception of broken service caused by an allowable necessity in accordance with the definition of “Allowable Necessity” contained in Appendix F “Definition of Terms.” STEP 22 = 14 years of, full-time service in the Murrieta Valley Unified School District with the exception of broken service caused by an allowable necessity in accordance with the definition of “Allowable Necessity” contained in Appendix F “Definition of Terms.” STEP 25 = 17 years of, full-time service in the Murrieta Valley Unified School District with the exception of broken service caused by an allowable necessity in accordance with the definition of “Allowable Necessity” contained in Appendix F “Definition of Terms.” STEP 28 = 20 years of, full-time service in the Murrieta Valley Unified School District with the exception of broken service caused by an allowable necessity in accordance with the definition of “Allowable Necessity” contained in Appendix F “Definition of Terms.”
NEXT STEPS If you disagree with my findings you may request a hearing to appeal the decision by contacting me using the details provided.
Further steps Each Party must promptly do whatever any other Party reasonably requires of it to give effect to the Agreement and to perform its obligations under it.
Steps STEP 1: The designated Union Representative(s), with or without the employee, shall attempt to resolve the matter with the employee's immediate supervisor within twenty-one (21) calendar days after the employee, through the use of reasonable diligence, should have had knowledge of the first occurrence of the event giving rise to the grievance. The supervisor shall then attempt to resolve the matter and shall respond to the Union Representative within seven (7) calendar days.
STEP 2: If the grievance has not been resolved to the satisfaction of the Local Union within seven (7) calendar days after the immediate supervisor's response is due, it may be presented in writing by the designated Union Representative to the next level of supervision which has been designated by the Appointing Authority to process grievances. The written grievances shall state the nature of the grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violated, and the relief requested. The designated Appointing Authority Representative shall arrange a meeting with the Union Representative(s) to discuss the grievance within seven (7) calendar days. A written response shall be forwarded to the Union Representative within seven (7) calendar days of the meeting.
STEP 3: If the grievance still remains unresolved, it may be presented to the Appointing Authority or designated representative by the designated Union Representative within seven (7) calendar days after the Step 2 response is due. The Appointing Authority or designee shall arrange a meeting with the designated Union Representative(s) within seven (7) calendar days. The Appointing Authority or designee shall respond to the Union Representative and the Union staff representative in writing within seven (7) calendar days.
STEP 4: If the grievance remains unresolved after the response of the Appointing Authority is due, the Union shall have sixty (60) calendar days in which to submit a letter to the State Negotiator and the Appointing Authority stating its desire to proceed to arbitration. Within five (5) calendar days after the Union has notified the State Negotiator that it desires to proceed with the arbitration of the grievance the parties shall determine the arbitrator to hear the arbitration by the method provided for in Section 3 of this Article. Except as provided in the procedures for Section 4, expenses for the arbitrator's services and the proceedings shall be borne by the losing party, however, each party shall be responsible for compensating its own representatives and witnesses. If either party cancels an arbitration hearing or asks for a last minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. The decision of the arbitrator shall be final and binding upon the parties. Except as provided in the procedures for Section 4, the arbitrator shall be requested to issue his/her decision within thirty (30) calendar days after the conclusion of testimony and argument. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing it pays for the record and makes a copy available without charge to the other party and the arbitrator.
Third Step In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved teacher shall file, within five (5) school days of the principal’s written decision at the second step, a copy of the grievance with the Superintendent. Within ten (10) school days after such written grievance is filed, the aggrieved and the Superintendent or his/her designee shall meet to resolve the grievance. The Superintendent or his/her designee shall file an answer within ten (10) school days of the third step grievance meeting and communicate it in writing to the teacher and the principal.
Procedural Steps Grievances shall be presented and adjusted in the following manner:
A. Step I - An employee shall present the grievance informally via oral or electronic communication to his/her immediate supervisor.
B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing to the immediate supervisor provided that such grievance is submitted within twenty (20) days following knowledge of the act or condition which is the basis of the complaint. The immediate supervisor shall have ten (10) days to give a written decision after receipt of the grievance.
C. Step 3 - If the grievance is not settled in Step 2, the grievant may move it to Step 3 by written notice to the Superintendent of Schools or his/her designee within ten (10) days after receipt of the Step 2 decision. The Superintendent of Schools or his/her designee shall have ten (10) days to give a written decision after receipt of the grievance.
D. Step 4 - If the grievance is not settled in Step 3, the grievant may move it to Step 4 by written notice to the Chairman of the Board of Education within ten (10) days after receipt of the Step 3 decision. The Board shall have twenty (20) days to give a written decision after receipt of the grievance. If the Board chooses not to consider the grievance, they will notify the grievant within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudice.
E. Step 5 - Arbitration Procedure - Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and has not been settled or waived may be appealed to arbitration by the Association by serving written notice on the Board within five (5) days after the Board’s answer at level four of the said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settled.
Omitting Steps a. Nothing in this Collective Agreement shall prevent the parties from mutually agreeing to refer a grievance to a higher step in the grievance procedure.
b. Grievances of general application may be referred by the local, BCTF, the employer or BCPSEA directly to Step Three of the grievance procedure.
Informal Step As an informal step, the employee is encouraged to make an xxxxxxx effort to resolve the grievance directly with the management person to whom he reports. At his option, the employee may be accompanied by the Shop Xxxxxxx for the department in which the employee works.
Grievance Steps Prior to initiating a formal written grievance pursuant to this Article, an employee or PEF is encouraged to resolve disputes subject to this Article informally with the appropriate immediate supervisor.
(a) Step One: The employee or PEF shall present the grievance to the facility or institution head or a designated representative not later than 30 calendar days after the date on which the act or omission giving rise to the grievance occurred. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working days following the receipt of the grievance.
(b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal.
(c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee.
(d) Step Four: Arbitration:
(1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision.
(2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated.
(3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot.
(4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75.
(5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination.
(6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case.
(7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost.
(a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable.
(b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.
Grievance Procedure Steps Step 1: (a) Any employee who feels aggrieved must discuss the grievance with the employee's immediate supervisor within fourteen (14) days of the date on which the employee or the Union first learned or may reasonably have been expected to have learned of its cause unless the parties agree in writing to extend the fourteen (14) day period. The employee, if he or she so desires, may be accompanied and represented by the employee's stew- ard or a Union representative. The Union also may initiate a grievance at Step 1 within 14 days of the date the Union first became aware of (or rea- sonably should have become aware of) the facts giving rise to the griev- ance. In such case the participation of an individual grievant is not re- quired.
A Step 1 Union grievance may involve a complaint affecting more than one employee in the office. Whenever the facts giving rise to a grievance relate to an incident/issue occurring or arising on a specific date and in- volve more than one employee in the office, a Step 1 or Step 2 grievance may only be initiated by the Union as a Union grievance on behalf of all involved employees within a specific work location in an installation as provided in Article 17.2A or as defined by local practice. Should any grievances concerning the same incident/issue be filed at Step 1 by indi- vidual employees, the Union will consolidate all such grievances and se- lect a representative grievance which may be appealed to Step 2. Should multiple grievances concerning the same incident/issue be improperly filed/initiated at Step 1 by the Union, management shall notify the Union, and if so notified, the Union shall consolidate all such grievances and select a representative grievance which may be heard at Step 1.
