Common use of Initiation and Processing Clause in Contracts

Initiation and Processing. 1. Failure, at any step of this procedure, to communicate the decision on a grievance within the specified time limits shall permit the aggrieved person to proceed to appeal a grievance to the next step. Failure to proceed within the specified time limits initiation and processing shall be deemed to be acceptance of the decision tendered at that step. a) Level One - Principal. 1. Any teacher who has a grievance, shall discuss it first with his/her immediate supervisor or building principal, if applicable, in an attempt to resolve the matter informally at that level. The teacher shall state at the meeting that this is Level One of the grievance process. 2. If, as a result of the discussion, the matter is not resolved to the satisfaction of the teacher within five (5) school days, he/she shall set forth his/her grievance in writing to the principal specifying: (a) the nature of the grievance and date occurred; (b) the nature and extent of the injury, loss or inconvenience; (c) the results of previous discussions; (d) his/her dissatisfaction with decisions previously rendered. The principal shall communicate his/her decision to the teacher in writing within three (3) school days of receipt of the written grievance. 3. Grievances arising out of decisions made by the Superintendent or the School Board may bypass Level One and be submitted initially at Level Two. b) Level Two - Superintendent. The teacher, no later than five (5) school days after receipt of the principal's decision, may appeal the principal's decision to the Superintendent. The appeal must be made in writing, reciting the matter submitted to the principal, as specified above, and his/her dissatisfaction with decisions previously rendered. The Superintendent shall meet with the employee to attempt to resolve the matter, as quickly as possible, but within a period not to exceed five (5) school days. The Superintendent shall communicate his/her decision in writing to the employee, the principal, and the immediate superior or department head, if applicable, within five (5) school days. c) Level Three. If the grievance is not resolved to the grievant's satisfaction at Level Two, he/she may either request a review by the Board or request that the Association submit the issue to arbitration. Arbitration shall be advisory only. Such request must be made within five (5) school days after receipt of the Superintendent's decision at Level Two, and shall be submitted in writing through the Superintendent, who shall attach all related papers and forward the request to the Board. The Board shall hold a hearing with the grievant within twenty (20) calendar days of the receipt of the appeal. Within twenty (20) calendar days of the close of the hearing, the Board shall render a decision in writing and forward copies of the decision to the grievant and to the administrators involved at the previous steps of the grievance procedure and the President of the Association. He/she shall notify the Association within five (5) school days of the receipt of the Superintendent's decision. If the Association determines that the matter should be arbitrated, it shall, in writing, so advise the Superintendent within ten (10) school days of receipt of the grievant's request. The Parties will then initiate a request for arbitration pursuant to the rules of the American Arbitration Association, which are hereby incorporated into this Agreement. In the event the Association, in its sole discretion, determines not to submit the grievance to the advisory arbitration, the grievant may within five (5) school days of receipt of the Association's decision submit the grievance to the School Board for hearing as outlined above. The Parties will then attempt to agree upon a mutually satisfactory third party to serve as an arbitrator. If no agreement is reached within five (5) calendar days, either party may request the American Arbitration Association, pursuant to its rules, that a roster of persons qualified to function as arbitrators be submitted to both the Association and the School Board, through the Superintendent of Schools. The arbitrator shall limit his/herself to the issues submitted to him and shall consider nothing else. He/she shall be bound by and must comply with all of the terms of this Agreement. He/she shall have no power to add to, delete from, or modify in any way, any of the provisions of this Agreement. The Board, the aggrieved, and the Association shall receive copies of the arbitrator's report. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator's hearing. After due consideration of the arbitrator's advisory recommendations for settlement of a grievance, the School Board shall make a decision on the issue and so advise the grievant and the Association in writing. If the School Board fails to make a decision on the arbitrator’s advisory opinion within thirty (30) calendar days from receipt of the opinion, the School Board's non- action shall be deemed to be acceptance of the arbitrator's report, and that report shall then become binding. The costs for the services of the arbitrator, including per diem expenses, if any, 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 same. The Association recognizes the difficulty the Board encounters in dealing with grievances during the months of July and August. Towards this end, the Association agrees that for any grievance filed between June 30 and August 28, the term, “school days” throughout the grievance procedure should be changed to, “non-weekend calendar days”.

Initiation and Processing. 1. Failure, I. Failure at any step of this procedure, procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved person to proceed to appeal a grievance to the next step. Failure to proceed within the specified time limits initiation and processing shall be deemed to be acceptance of the decision tendered at that step. a) . Level One - Principal. 1. a. Any teacher who has a grievance, grievance shall discuss it first with his/her immediate supervisor or building principal, if applicable, in an attempt to resolve the matter informally at that level. The teacher shall state at the meeting that this is Level One of the grievance process. 2. b. If, as a result of the discussion, the matter is not resolved to the satisfaction of the teacher within five (5) school days, he/she he shall set forth his/her his grievance in writing to the principal specifying: (a) i. the nature of the grievance and date occurred; (b) ii. the nature and extent of the injury, loss or inconvenience; (c) iii. the results of previous discussions; (d) his/her iv. his dissatisfaction with decisions previously rendered. The principal shall communicate his/her his decision to the teacher in writing within three (3) school days of receipt of the written grievance. 3. c. Grievances arising out of decisions made by the Superintendent or the School Board may bypass Level One and be submitted initially at Level Two. b) . Level Two - Superintendent. The teacher, no later than five (5) school days after receipt of the principal's decision, may appeal the principal's decision to the Superintendent. The appeal must be made in writing, reciting the matter submitted to the principal, as specified above, and his/her his dissatisfaction with decisions previously rendered. The Superintendent shall meet with the employee to attempt to resolve the matter, as quickly as possible, but within a period not to exceed five (5) school days. The Superintendent shall communicate his/her his decision in writing to the employee, the principal, and the immediate superior or department head, if applicable, within five (5) school days. c) . Level Three. Three If the grievance is not resolved to the grievant's satisfaction at Level Two, he/she he may either request a review by the Board or request that the Association submit the issue to arbitration. .. Arbitration shall be advisory only. Such request must be made within five (5) school days after receipt of the Superintendent's decision at Level Two, and shall be submitted in writing through the Superintendent, who shall attach all related papers and forward the request to the Board. The Board shall hold a hearing with the grievant within twenty (20) calendar days of the receipt of the appeal. Within twenty (20) calendar days of the close of the hearing, the Board shall render a decision in writing and forward copies of the decision to the grievant and to the administrators involved at the previous steps of the grievance procedure and the President of the Association. He/she shall notify the Association within five (5) school days of the receipt of the Superintendent's decision. If the Association determines that the matter should be arbitrated, it shall, shall in writing, writing so advise the Superintendent within ten (10) school days of receipt of the grievant's request. The Parties parties will then initiate a request for arbitration pursuant to the rules of the American Arbitration Association, which are hereby incorporated into this Agreement. In the event the Association, Association in its sole discretion, discretion determines not to submit the grievance to the advisory arbitration, the grievant may within five (5) school days of receipt of the Association's decision submit the grievance to the School Board for hearing as outlined above. The Parties parties will then attempt to agree upon a mutually satisfactory third party to serve as an arbitrator. If no agreement is reached within five (5) calendar days, either party may request the American Arbitration Association, pursuant to its rules, that a roster of persons qualified to function as arbitrators an arbitrator be submitted to both the Association and the School Board, through the Superintendent of Schools. The arbitrator shall limit his/herself himself to the issues submitted to him and shall consider nothing else. He/she He shall be bound by and must comply with all of the terms of this Agreement. He/she He shall have no power to add to, delete from, or modify in any way, way any of the provisions of this Agreement. The Board, the aggrieved, and the Association shall receive copies of the arbitrator's report. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator's hearing. After due consideration of the arbitrator's advisory recommendations for settlement of a grievance, the School Board shall make a decision on the issue and so advise the grievant and the Association in writing. If the School Board fails to make a decision on the arbitrator’s advisory opinion within thirty (30) calendar days from receipt of the opinion, opinion of the School Board's non- action shall be deemed to be acceptance of the arbitrator's report, report and that report shall then become binding. The costs for the services of the arbitrator, including per diem expenses, if any, 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 same. The Association recognizes the difficulty the Board encounters in dealing with grievances during the months of July and August. Towards this end, the Association agrees that for any grievance filed between June 30 and August 28, the term, “term school days” days throughout the grievance procedure should be changed to, “to non-weekend calendar days”.

Initiation and Processing. 1. Failure, Failure at any step of this procedure, procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved person to proceed to appeal a grievance to the next step. Failure to proceed within the specified time limits initiation and processing shall be deemed to be acceptance of the decision tendered at that step. a) . Level One - Principal. 1. a. Any teacher who has a grievance, grievance shall discuss it first with his/her immediate supervisor or building principal, if applicable, in an attempt to resolve the matter informally at that level. The teacher shall state at the meeting that this is Level One of the grievance process.process.‌ 2. b. If, as a result of the discussion, the matter is not resolved to the satisfaction of the teacher within five (5) school days, he/she he shall set forth his/her his grievance in writing to the principal specifying:specifying:‌ (ai) the nature of the grievance and date occurred;occurred;‌ (bii) the nature and extent of the injury, loss or inconvenience;inconvenience;‌ (ciii) the results of previous discussions; (div) his/her his dissatisfaction with decisions previously rendered. The principal shall communicate his/her his decision to the teacher in writing within three (3) school days of receipt of the written grievance. 3. c. Grievances arising out of decisions made by the Superintendent or the School Board may bypass Level One and be submitted initially at Level Two. b) Two.‌ Level Two - Superintendent. The teacher, no later than five (5) school days after receipt of the principal's decision, may appeal the principal's decision to the Superintendent. The appeal must be made in writing, reciting the matter submitted to the principal, as specified above, and his/her his dissatisfaction with decisions previously rendered. The Superintendent shall meet with the employee to attempt to resolve the matter, as quickly as possible, but within a period not to exceed five (5) school days. The Superintendent shall communicate his/her his decision in writing to the employee, the principal, and the immediate superior or department head, if applicable, within five (5) school days. c) . Level Three. If the grievance is not resolved to the grievant's satisfaction at Level Two, he/she he may either request a review by the Board or request that the Association submit the issue to arbitration. Arbitration shall be advisory only. Such request must be made within five (5) school days after receipt of the Superintendent's decision at Level Two, and shall be submitted in writing through the Superintendent, who shall attach all related papers and forward the request to the Board. The Board shall hold a hearing with the grievant within twenty (20) calendar days of the receipt of the appeal. Within twenty (20) calendar days of the close of the hearing, the Board shall render a decision in writing and forward copies of the decision to the grievant and to the administrators involved at the previous steps of the grievance procedure and the President of the Association. He/she shall notify the Association within five (5) school days of the receipt of the Superintendent's decision. If the Association determines that the matter should be arbitrated, it shall, shall in writing, writing so advise the Superintendent within ten (10) school days of receipt of the grievant's request. The Parties parties will then initiate a request for arbitration pursuant to the rules of the American Arbitration Association, which are hereby incorporated into this Agreement. In the event the Association, Association in its sole discretion, discretion determines not to submit the grievance to the advisory arbitration, the grievant may within five (5) school days of receipt of the Association's decision submit the grievance to the School Board for hearing as outlined above. The Parties parties will then attempt to agree upon a mutually satisfactory third party to serve as an arbitrator. If no agreement is reached within five (5) calendar days, either party may request the American Arbitration Association, pursuant to its rules, that a roster of persons qualified to function as arbitrators an arbitrator be submitted to both the Association and the School Board, through the Superintendent of Schools. The arbitrator shall limit his/herself himself to the issues submitted to him and shall consider nothing else. He/she He shall be bound by and must comply with all of the terms of this Agreement. He/she He shall have no power to add to, delete from, or modify in any way, way any of the provisions of this Agreement. The Board, the aggrieved, and the Association shall receive copies of the arbitrator's report. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator's hearing. After due consideration of the arbitrator's advisory recommendations for settlement of a grievance, the School Board shall make a decision on the issue and so advise the grievant and the Association in writing. If the School Board fails to make a decision on the arbitrator’s arbitrators's advisory opinion within thirty (30) calendar days from receipt of the opinion, opinion of the School Board's non- non-action shall be deemed to be acceptance of the arbitrator's report, report and that report shall then become binding. The costs for the services of the arbitrator, including per diem expenses, if any, 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 same. The Association recognizes the difficulty the Board encounters in dealing with grievances during the months of July and August. Towards this end, the Association agrees that for any grievance filed between June 30 and August 28, the term, “term school days” days throughout the grievance procedure should be changed to, “to non-weekend calendar days”.

Initiation and Processing. 1A grievance to be considered under this procedure must be initiated in writing by the teacher within thirty (30) days of its occurrence, or within thirty (30) days of when the teacher should have known of its occurrence. Failure, Failure at any step level of this procedure, procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved person to proceed grievant to appeal a grievance to the next step. Failure to proceed level within the specified time limits initiation and processing or shall be deemed to be a waiver of further appeal of the decision and acceptance of the decision tendered rendered at that step. a) Level One - Principallevel. 1. Any teacher who has Level One- Principal a. An employee with a grievance, shall grievance will first discuss it first with his/her immediate supervisor or building principal, if applicable, in an attempt to resolve his Building Administrator with the objective of resolving the matter informally at that level. The teacher shall state at the meeting that this is Level One of the grievance processinformally. 2. b. If, as a result of the discussion, the matter is not resolved to the satisfaction of the teacher within five (5) school daysgrievant, he/she shall set forth his/her the grievant may present the grievance in writing to the principal specifying: (a) on the nature of the grievance and date occurred; (b) the nature and extent of the injury, loss or inconvenience; (c) the results of previous discussions; (d) his/her dissatisfaction with decisions previously renderedappropriate form. The principal shall communicate his/her render his written decision to the teacher in writing within three (3) school days of receipt of the written grievance. 3. Grievances arising out of decisions made by the Superintendent or the School Board may bypass Level One and be submitted initially at Level Two. b) Level Two - Superintendent. The teacher, no later than five (5) school days after receipt of the principal's decision, may appeal the principal's decision to the Superintendent. The appeal must be made in writing, reciting the matter submitted to the principal, as specified above, and his/her dissatisfaction with decisions previously rendered. The Superintendent shall meet with the employee to attempt to resolve the matter, as quickly as possible, but within a period not to exceed five (5) school days. The Superintendent shall communicate his/her decision in writing to the employee, the principal, and the immediate superior or department head, if applicable, within five (5) school daysdays of his receiving the written grievances. c) 2. Level Three. Two - Superintendent If the grievance is not resolved to the grievant's satisfaction at Level Twosatisfaction, he/she may either request the teacher appeal to the Superintendent in writing within five (5) schools days. The Superintendent shall arrange for a review by the Board or request that the Association submit the issue meeting to arbitration. Arbitration shall be advisory only. Such request must be made take place within five (5) school days after receipt of the Superintendent's decision at Level Two, and shall be submitted in writing through the Superintendent, who shall attach all related papers and forward the request to the Board. The Board shall hold a hearing with the grievant within twenty (20) calendar days of the his receipt of the appeal. Within twenty (20) calendar days Upon conclusion of the close of the hearingmeeting, the Board Superintendent shall render a decision in writing and forward copies of the his written decision to the grievant grievant, to the Association, and to the administrators involved at the previous steps step of the grievance procedure and within five (5) school days. 3. Level Three - Binding Arbitration a. If the President decision of the Association. HeSuperintendent does not resolve the grievance to the satisfaction of the grievant, he/she shall notify the Association within five (5) school days of the receipt of the Superintendent's decision. If the Association determines that the matter should be arbitratedsubmitted to binding arbitration, it shall, shall in writing, so advise the Superintendent within ten five (105) school days of receipt of the grievant's requestdays. The Parties parties will then initiate a request for arbitration pursuant to an arbitrator by a neutral party. The neutral party will immediately, after the rules of the American Arbitration Association, which are hereby incorporated into this Agreement. In the event the Association, in its sole discretion, determines not to submit the grievance to the advisory arbitration, the grievant may within five (5) school days of receipt of the Association's decision request, submit a list of qualified arbitrators for selection by the grievance parties, in accordance with rules and procedures prescribed by it for making such designation. b. Neither the Board nor the Association will be permitted to assert any ground or evidence before the arbitrator which was not disclosed to the School Board for hearing as outlined above. The Parties will then attempt to agree upon a mutually satisfactory third party to serve as an arbitrator. If no agreement is reached within five (5) calendar days, either party may request the American Arbitration Association, pursuant to its rules, that a roster of persons qualified to function as arbitrators be submitted to both the Association and the School Board, through the Superintendent of Schools. other party. c. The arbitrator shall limit his/herself himself to the issues submitted to him him, and shall consider nothing else. He/she shall be In being bound by and must comply with all of the terms of this Agreement. Heagreement, he/she shall have no power to add to, delete from, from or modify in any way, any of the provisions of this Agreement. the agreement. d. The Board, the aggrievedgrievant, and the Association shall receive copies of the arbitrator's report. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator's hearing. After due consideration . e. The decision of the arbitrator's advisory recommendations for settlement of a grievance, the School arbitrator shall be binding on both parties. f. The Board shall make a decision on the issue and so advise the grievant and the Association in writing. If recognizes this Agreement as a legal document and to that extent may utilize the School Board fails courts to make a decision on the arbitrator’s advisory opinion within thirty (30) calendar days from receipt enforce such document. g. The fees and expenses of the opinion, the School Board's non- action shall arbitrator will be deemed to be acceptance of the arbitrator's report, and that report shall then become binding. The costs for the services of the arbitrator, including per diem expenses, if any, actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be borne equally shared by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same. The Association recognizes the difficulty the Board encounters in dealing with grievances during the months of July and August. Towards this end, the Association agrees that for any grievance filed between June 30 and August 28, the term, “school days” throughout the grievance procedure should be changed to, “non-weekend calendar days”equally .

Initiation and Processing. 1. Failure, Failure at any step of this procedure, procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved person to proceed to appeal a grievance to the next step. Failure to proceed within the specified time limits initiation and processing shall be deemed to be acceptance of the decision tendered at that step. a) . Level One - Principal. 1. a. Any teacher who has a grievance, grievance shall discuss it first with his/her immediate supervisor or building principal, if applicable, in an attempt to resolve the matter informally at that level. The teacher shall state at the meeting that this is Level One of the grievance process. 2. b. If, as a result of the discussion, the matter is not resolved to the satisfaction of the teacher within five (5) school days, he/she he shall set forth his/her his grievance in writing to the principal specifying: (ai) the nature of the grievance and date occurred; (bii) the nature and extent of the injury, loss or inconvenience; (ciii) the results of previous discussions; (div) his/her his dissatisfaction with decisions previously rendered. The principal shall communicate his/her his decision to the teacher in writing within three (3) school days of receipt of the written grievance. 3. c. Grievances arising out of decisions made by the Superintendent or the School Board may bypass Level One and be submitted initially at Level Two. b) . Level Two - Superintendent. The teacher, no later than five (5) school days after receipt of the principal's decision, may appeal the principal's decision to the Superintendent. The appeal must be made in writing, reciting the matter submitted to the principal, as specified above, and his/her his dissatisfaction with decisions previously rendered. The Superintendent shall meet with the employee to attempt to resolve the matter, as quickly as possible, but within a period not to exceed five (5) school days. The Superintendent shall communicate his/her his decision in writing to the employee, the principal, and the immediate superior or department head, if applicable, within five (5) school days. c) . Level Three. If the grievance is not resolved to the grievant's satisfaction at Level Two, he/she he may either request a review by the Board or request that the Association submit the issue to arbitration. Arbitration shall be advisory only. Such request must be made within five (5) school days after receipt of the Superintendent's decision at Level Two, and shall be submitted in writing through the Superintendent, who shall attach all related papers and forward the request to the Board. The Board shall hold a hearing with the grievant within twenty (20) calendar days of the receipt of the appeal. Within twenty (20) calendar days of the close of the hearing, the Board shall render a decision in writing and forward copies of the decision to the grievant and to the administrators involved at the previous steps of the grievance procedure and the President of the Association. He/she shall notify the Association within five (5) school days of the receipt of the Superintendent's decision. If the Association determines that the matter should be arbitrated, it shall, shall in writing, writing so advise the Superintendent within ten (10) school days of receipt of the grievant's request. The Parties parties will then initiate a request for arbitration pursuant to the rules of the American Arbitration Association, which are hereby incorporated into this Agreement. In the event the Association, Association in its sole discretion, discretion determines not to submit the grievance to the advisory arbitration, the grievant may within five (5) school days of receipt of the Association's decision submit the grievance to the School Board for hearing as outlined above. The Parties parties will then attempt to agree upon a mutually satisfactory third party to serve as an arbitrator. If no agreement is reached within five (5) calendar days, either party may request the American Arbitration Association, pursuant to its rules, that a roster of persons qualified to function as arbitrators an arbitrator be submitted to both the Association and the School Board, through the Superintendent of Schools. The arbitrator shall limit his/herself himself to the issues submitted to him and shall consider nothing else. He/she He shall be bound by and must comply with all of the terms of this Agreement. He/she He shall have no power to add to, delete from, or modify in any way, way any of the provisions of this Agreement. The Board, the aggrieved, and the Association shall receive copies of the arbitrator's report. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator's hearing. After due consideration of the arbitrator's advisory recommendations for settlement of a grievance, the School Board shall make a decision on the issue and so advise the grievant and the Association in writing. If the School Board fails to make a decision on the arbitrator’s arbitrators's advisory opinion within thirty (30) calendar days from receipt of the opinion, opinion of the School Board's non- non-action shall be deemed to be acceptance of the arbitrator's report, report and that report shall then become binding. The costs for the services of the arbitrator, including per diem expenses, if any, 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 same. The Association recognizes the difficulty the Board encounters in dealing with grievances during the months of July and August. Towards this end, the Association agrees that for any grievance filed between June 30 and August 28, the term, “term school days” days throughout the grievance procedure should be changed to, “to non-weekend calendar days”.