Level Two. If, as a result of the informal discussion with the superintendent/principal, a grievance still exists, the teacher may invoke the formal grievance procedure through the Association. A copy of the grievance shall be delivered to the superintendent/principal. Within seven (7) days of receipt of the grievance, the superintendent/principal or his/her designee shall meet with the Association in an effort to resolve the grievance. The superintendent/principal shall indicate his/her disposition of the grievance in writing within five (5) days of such meeting, and shall furnish a copy thereof to the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) days of such meeting, the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee of the Board. The Board, no later than its next regular meeting or within two (2) weeks, whichever shall be later, shall meet with the Association on the grievance. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted for arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) days from the notification date that arbitration will be pursued, an arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Level Two. IfIf the grievant is not satisfied with the written response at Level One, as or a result written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven (7) days following receipt of the informal discussion with written response rendered by the superintendent/principalPrincipal or Supervisor, a grievance still existsor in the absence of such written response, the teacher may invoke the formal grievance procedure through the Association. A copy of the grievance shall be delivered to the superintendent/principal. Within within seven (7) days of the expiration date of the time period specified for such written response.
a. The District Administrator responsible for handling grievances, (“Level Two Administrator”), will represent the Superintendent at Level Two of the grievance procedure.
b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings.
c. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the grievancewritten appeal from the grievant or at a later mutually agreed upon time.
d. At the initial meeting of Level Two, the superintendent/principal Level Two Administrator will hold a hearing at which both the grievant, with or his/her designee shall meet without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present.
e. After the Level Two hearing, the Level Two Administrator may investigate and consult with the Association grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. The superintendent/principal shall indicate his/her disposition .
f. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution of the grievance in writing within five (5) days to all parties of such meetinginterest, including CCEA, setting forth the decision and shall furnish a copy thereof to the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) days of such meeting, the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee of the Board. The Board, no later than its next regular meeting or within two (2) weeks, whichever shall be later, shall meet with the Association on the grievance. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted for arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) days from the notification date that arbitration will be pursued, an arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionrationale.
Appears in 4 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Level Two. IfIf the grievant is not satisfied with the written response at Level One, as or a result written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven (7) days following receipt of the informal discussion with written response rendered by the superintendent/principalprincipal or supervisor, a grievance still existsor in the absence of such written response, the teacher may invoke the formal grievance procedure through the Association. A copy of the grievance shall be delivered to the superintendent/principal. Within within seven (7) days of the expiration date of the time period specified for such written response.
a. The District Administrator responsible for handling grievances (“Level Two Administrator”) will represent the Superintendent at Level Two of the grievance procedure.
b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings.
c. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the grievancewritten appeal from the grievant or at a later mutually agreed upon time.
d. At the initial meeting of Level Two, the superintendent/principal Level Two Administrator will hold a hearing at which both the grievant, with or his/her designee shall meet without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present.
e. After the Level Two Hearing, the Level Two Administrator may investigate and consult with the Association grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. The superintendent/principal shall indicate his/her disposition .
f. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution of the grievance in writing within five (5) days to all parties of such meetinginterest, including CCEA, setting forth the decision and shall furnish a copy thereof to the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) days of such meeting, the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee of the Board. The Board, no later than its next regular meeting or within two (2) weeks, whichever shall be later, shall meet with the Association on the grievance. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted for arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) days from the notification date that arbitration will be pursued, an arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionrationale.
Appears in 4 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Level Two. IfIf the grievant is not satisfied with the written response at Level One, as or a result written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven (7) days following receipt of the informal discussion with written response rendered by the superintendent/principalprincipal or supervisor, a grievance still existsor in the absence of such written response, the teacher may invoke the formal grievance procedure through the Association. A copy of the grievance shall be delivered to the superintendent/principal. Within within seven (7) days of the expiration date of the time period specified for such written response.
a. The District Administrator responsible for handling grievances (“Level Two Administrator”) will represent the Superintendent at Level Two of the grievance procedure.
b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings.
c. No additional grievance items may be added to the Level Two grievance that were not addressed in the Level One grievance. In the event additional information for a grievance(s) becomes known in preparation for the Level Two hearing, a new grievance(s) will need to be initiated at Level One to address those additional items. The original grievance shall not determine the timeliness of the subsequent grievance(s) under Policy 4836.C.2.
d. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the grievancewritten appeal from the grievant or at a later mutually agreed upon time.
e. At the initial meeting of Level Two, the superintendent/principal Level Two Administrator will hold a hearing at which both the grievant, with or his/her designee shall meet without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present.
f. After the Level Two Hearing, the Level Two Administrator may investigate and consult with the Association grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. The superintendent/principal shall indicate his/her disposition .
g. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution of the grievance in writing within five (5) days to all parties of such meetinginterest, including CCEA, setting forth the decision and shall furnish a copy thereof to the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) days of such meeting, the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee of the Board. The Board, no later than its next regular meeting or within two (2) weeks, whichever shall be later, shall meet with the Association on the grievance. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted for arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) days from the notification date that arbitration will be pursued, an arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionrationale.
Appears in 4 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Level Two. IfIf the grievant is not satisfied with the written response at Level One, as or a result written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven (7) days following receipt of the informal discussion with written response rendered by the superintendent/principalprincipal or supervisor, a grievance still existsor in the absence of such written response, the teacher may invoke the formal grievance procedure through the Association. A copy of the grievance shall be delivered to the superintendent/principal. Within within seven (7) days of the expiration date of the time period specified for such written response.
a. The District Administrator responsible for handling grievances (“Level Two Administrator”), will represent the Superintendent at Level Two of the grievance procedure.
b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings.
c. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the grievancewritten appeal from the grievant or at a later mutually agreed upon time.
d. At the initial meeting of Level Two, the superintendent/principal Level Two Administrator will hold a hearing at which both the grievant, with or his/her designee shall meet without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present.
e. After the Level Two Hearing, the Level Two Administrator may investigate and consult with the Association grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. The superintendent/principal shall indicate his/her disposition .
f. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution of the grievance in writing within five (5) days to all parties of such meetinginterest, including CCEA, setting forth the decision and shall furnish a copy thereof to the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) days of such meeting, the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee of the Board. The Board, no later than its next regular meeting or within two (2) weeks, whichever shall be later, shall meet with the Association on the grievance. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted for arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) days from the notification date that arbitration will be pursued, an arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionrationale.
Appears in 3 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Level Two. IfIf the grievant is not satisfied with the written response at Level One, as or a result written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven (7) days following receipt of the informal discussion with written response rendered by the superintendent/principalPrincipal or Supervisor, a grievance still existsor in the absence of such written response, the teacher may invoke the formal grievance procedure through the Association. A copy of the grievance shall be delivered to the superintendent/principal. Within within seven (7) days of the expiration date of the time period specified for such written response.
a. The District Administrator responsible for handling grievances, (“Level Two Administrator”), will represent the Superintendent at Level Two of the grievance procedure.
b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One Form A and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings.
c. No additional grievance items may be added to the Level Two grievance that were not addressed in the Level One grievance. In the event additional information for a grievance(s) becomes known in preparation for the Level Two hearing, a new grievance(s) will need to be initiated at Level One to address those additional items. The original grievance shall not determine the timeliness of the subsequent grievance(s) under Policy 4136.C.2.
d. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the grievancewritten appeal from the grievant or at a later mutually agreed upon time.
e. At the initial meeting of Level Two, the superintendent/principal Level Two Administrator will hold a hearing at which both the grievant, with or his/her designee shall meet without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present.
f. After the Level Two hearing, the Level Two Administrator may investigate and consult with the Association grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. The superintendent/principal shall indicate his/her disposition .
g. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution of the grievance in writing within five (5) days to all parties of such meetinginterest, including CCEA, setting forth the decision and shall furnish a copy thereof to the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) days of such meeting, the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee of the Board. The Board, no later than its next regular meeting or within two (2) weeks, whichever shall be later, shall meet with the Association on the grievance. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted for arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) days from the notification date that arbitration will be pursued, an arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionrationale.
Appears in 3 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Level Two. If, as a result of In the informal discussion with event the superintendent/principal, a grievance still exists, the teacher may invoke the formal grievance procedure through the Association. A copy of the grievance shall be delivered to the superintendent/principal. Within seven (7) days of receipt of the grievance, the superintendent/principal or his/her designee shall meet with the Association in an effort to resolve the grievance. The superintendent/principal shall indicate his/her disposition of the grievance in writing within five (5) days of such meeting, and shall furnish a copy thereof to the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) days of such meeting, the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee of the Board. The Board, no later than its next regular meeting or within two (2) weeks, whichever shall be later, shall meet with the Association on the grievance. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. If the Association grievant is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above providedat Level One, the grievance may be submitted for arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator grievant may, within five (5) days after receipt of the Principal’s decision, submit the written grievance to a Director of Human Resources. A Director of Human Resources will arrange for a meeting with the grievant to take place within five (5) days of receipt of the appeal. A Director of Human Resources shall have five (5) days following such meeting in which to provide a written decision to the grievant. In the event the grievant is not satisfied with the disposition of the grievance at Level Two, the grievant may, within five (5) days after receipt of a Director of Human Resources decision, submit the written grievance to the Superintendent of Schools. The Superintendent will arrange for a meeting with the grievant to take place within five (5) days of receipt of the appeal. The Superintendent shall have five (5) days following such meeting in which to provide a written decision to the grievant. In the event the grievant is not satisfied with disposition of the grievance at Level Three, the grievant may, within five (5) days after receipt of the Superintendent’s decision, submit a written request for advisory arbitration of the grievance. The Superintendent shall appoint one (1) member of the arbitration panel, the grievant shall appoint one (1) member of the panel, and the Superintendent and grievant shall attempt to mutually agree on a third member of the panel, who shall serve as the chairperson. In the event the third member of the panel cannot be mutually agreed upon, the names of six (6) arbitrators shall be collected and one (1) name shall be drawn from the notification date that collection in order to determine the third member of the panel. At a mutually agreeable time and place, the arbitrators and parties will convene to hear the grievance. Within five (5) days following the conclusion of the hearing, the arbitration will be pursuedpanel shall render its written decision to the grievant and the Superintendent. If the recommended resolution of the grievance is not satisfactory to the grievant and/or the Superintendent, an arbitrator either such person may submit the grievance to the Board of Education within five (5) days of receipt of the arbitration panel decision. Either the grievant or the Superintendent may send a letter to the Clerk of the Board requesting a hearing. Within twenty (20) days thereafter, two (2) members of the Board of Education shall conduct a hearing concerning the grievance. The grievant shall be selected by notified at least three (3) days in advance of the American Arbitration Association in accord with time, date and location of the hearing. Within ten (10) days of the conclusion of the hearing, the Board shall notify the grievant and the Superintendent of its rules, which shall likewise govern the arbitration proceedingdecision. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award decision of the arbitrator Board shall be in writing and agree that judgment thereon may shall be entered in any court of competent jurisdictionfinal.
Appears in 1 contract
Samples: Professional Negotiated Agreement
Level Two. IfIf the grievant is not satisfied with the written response at Level One, as or a result written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven (7) days following receipt of the informal discussion with written response rendered by the superintendent/principalPrincipal or Supervisor, a grievance still existsor in the absence of such written response, the teacher may invoke the formal grievance procedure through the Association. A copy of the grievance shall be delivered to the superintendent/principal. Within within seven (7) days of the expiration date of the time period specified for such written response.
a. The District Administrator responsible for handling grievances, (“Level Two Administrator”), will represent the Superintendent at Level Two of the grievance procedure.
b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings.
c. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the grievancewritten appeal from the grievant or at a later mutually agreed upon time.
d. At the initial meeting of Level Two, the superintendent/principal Level Two Administrator will hold a hearing at which both the grievant, with or his/her designee shall meet without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present.
e. After the Level Two hearing, the Level Two Administrator may investigate and consult with the Association grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. The superintendent/principal shall indicate his/her disposition .
f. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution of the grievance in writing within five (5) days to all parties of such meetinginterest, including CCEA, setting forth the decision and shall furnish a copy thereof to the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) days of such meeting, the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee of the Board. The Board, no later than its next regular meeting or within two (2) weeks, whichever shall be later, shall meet with the Association on the grievance. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted for arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) days from the notification date that arbitration will be pursued, an arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.rationale
Appears in 1 contract
Samples: Board of Education Policies and Negotiated Agreement
Level Two. If, as a result of If the informal discussion with complaint is not resolved in the superintendent/principalconference between the affected bargaining unit member(s) and/or the Association and the administration, a grievance still exists, the teacher may invoke the formal grievance procedure through the Association. A copy of the formalized grievance shall be delivered advanced and submitted in writing to the superintendent/principalSuperintendent at Level Two within ten (10) days from the initial discussion. If a grievance affects more than one member or is filed by the Association in defense of the contract rather than a specific individual(s), the grievance may be expedited and begin in writing at the Superintendent's level rather than with the immediate supervisor's level without there being any claim of technical failure to follow the grievance procedure by either party. The Superintendent shall answer in writing within ten (10) days of receipt of grievance. The written answer shall specifically state whether or not the Superintendent sustains or denies the grievance and the grounds for that answer and it shall be signed and dated, a copy to be transmitted to the grievant, the Association Secretary, the immediate supervisor concerned, and a copy to be placed in a permanent grievance file in this office. Within seven five (75) days of receipt of the grievanceSuperintendent's denial, the superintendent/principal or his/her designee Association and/or grievant shall meet with the Association in an effort to resolve the grievance. The superintendent/principal shall indicate his/her disposition of advance the grievance in writing within five (5) days of such meeting, and shall furnish a copy thereof to the AssociationLevel Three. If the bargaining unit member(s) and/or the Association is is/are not satisfied with the disposition resolution of the grievance, or if no disposition has been made within five (5) days of such meetinggrievance at Level Two, the grievance shall be transmitted Union may elect to proceed to the Board by filing a written copy thereof with the secretary or other designee of the Boardlevel. The Board, no later than its next regular meeting or within two (2) calendar weeks, whichever shall be is later, shall meet with the Association hold a hearing on the grievancegrievance with an Association representative. Disposition The disposition of the grievance grievance, in writing writing, by the Board Board, shall be made no later than seven (7) days thereafterhereafter. A copy of such disposition shall will be furnished to the Association. If the bargaining unit member(s) and/or the Association is is/are not satisfied with the disposition resolution of the grievance by the Board, or if no disposition has been made within the period above providedat Level Three, the Association may elect to proceed to binding arbitration except that any claim or complaint for which there is another remedial procedure established by law shall not be subject to arbitration. If the Association advances the grievance may be submitted for to binding arbitration before an impartial arbitrator. If , it shall mail a copy of the parties cannot agree as Demand for Arbitration within twenty (20) days following receipt of the written denial of the Superintendent to the arbitrator within five (5) days from the notification date that arbitration will be pursued, an Superintendent's office. The arbitrator shall be selected by the American Arbitration Association in accord with its rules, rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may the fees and expenses of the arbitrator shall be entered in any court shared equally by the Association and the Board. The powers of competent jurisdiction.the arbitrator shall be subject to the following:
Appears in 1 contract
Samples: Teachers' Negotiated Agreement