Common use of Levels of Grievance Clause in Contracts

Levels of Grievance. a. Level One With a view to informal settlement, disputes shall be thoroughly discussed between the grievant and the supervisor to seek grounds for resolution. The supervisor/director may have present the Deputy Superintendent or designee at this discussion. If the grievant is not satisfied with the disposition of the grievance, a written grievance may be filed with the supervisor/director who has administrative authority to act within ten (10) days following the informal meeting. This grievance shall set forth the grounds upon which the grievance is based and the reasons the grievant considers the decision rendered to be unacceptable. The supervisor/director shall communicate the decision in writing within five (5) days to the grievant. Within ten (10) days of receipt of the decision rendered by the supervisor/director, the grievant, if not satisfied with the decision of the supervisor/director, may appeal in writing to the Superintendent. b. Level Two Appeals to the Superintendent shall be heard by the Superintendent or designee within ten (10) days of receipt of the appeal. Prior written notice of the time and place of the meeting shall be given to the grievant, the representative or any other persons officially involved. Attendance at the meeting of appeal shall be restricted to persons officially involved. The Superintendent may allow for parties in interest to call witnesses. Within ten (10) days of the hearing the appeal, the Superintendent shall communicate to the grievant and all other parties officially present at the meeting the written decision, which shall include supporting reasons therefore. If the grievant is not satisfied with the decision of the Superintendent, a written appeal may be filed with the Superintendent within ten (10) days from the receipt of the Superintendent’s decision. The appeal shall state the grievant’s reasons for appealing the decision of the Superintendent and request appeal to Level Three, Board of Directors. c. Level Three The appeal shall be in writing and copies delivered to Board members, the Superintendent and persons officially involved. The Superintendent shall notify the grievant within ten (10) working days of the date of the BOARD hearing. The BOARD shall conduct the hearing. The BOARD shall communicate to the grievant and all other parties officially present at the hearing, its written decision and the facts that are the basis for that decision within ten (10) working days from the date of the hearing. All BOARD meetings shall be conducted in accordance with the Oregon Public Meeting Law. Meetings may be open as required by the Public Meetings Law. The UNION will have ten (10) days following the BOARD’s decision to notify the DISTRICT of its intent to request arbitration of the dispute or if no decision has been rendered within ten (10) working days after the presentation, the UNION may request to submit the grievance to arbitration. d. Level Four Grievances not settled in Level Three of the grievance procedure may be appealed to arbitration provided that a written notice of a request for arbitration is made by the UNION to the Superintendent within ten (10) working days of the receipt of the BOARD’s answer in Level Three. When timely request has been made for arbitration, the parties or the designated representatives shall attempt to select an impartial arbitrator. Failing to do so, they shall within ten (10) days of the appeal jointly request the Oregon Employment Relations Board to submit a list of seven (7) arbitrators. As soon as the list has been received, the parties or their designated representatives shall determine by lot the order of elimination and thereafter each shall, in that order, alternately strike a name from the list, and the seventh (7th) and remaining name shall act as the arbitrator. The arbitrator shall schedule a meeting on the grievance and, after hearing such evidence as the parties desire to present, shall render a written decision. The arbitrator shall have no power to advise on salary adjustments, except as to the improper application thereof, nor to add to, subtract from, modify, or amend any terms of this Agreement. The arbitrator shall have no power to substitute the arbitrator’s discretion for that of the BOARD in any manner not specifically contracted away by the BOARD. A decision of the arbitrator shall, within the scope of the arbitrator’s authority, be final and be binding upon the parties. There shall be no valid claim of a violation of the Agreement regarding any act or condition, which occurs after the expiration thereof.

Levels of Grievance. a. Level One With a view to informal settlement, disputes shall be thoroughly discussed between the grievant and the supervisor to seek grounds for resolution. The supervisor/director may have present the Deputy Superintendent or designee at this discussion. If the grievant is not satisfied with the disposition of the grievance, a written grievance may be filed with the supervisor/director who has administrative authority to act within ten (10) days following the informal meeting. This grievance shall set forth the grounds upon which the grievance is based and the reasons the grievant considers the decision rendered to be unacceptable. The supervisor/director shall communicate the decision in writing within five (5) days to the grievant. Within ten (10) days of receipt of the decision rendered by the supervisor/director, the grievant, if not satisfied with the decision of the supervisor/director, may appeal in writing to the Superintendent. b. Level Two Appeals to the Superintendent shall be heard by the Superintendent or designee within ten (10) days of receipt of the appeal. Prior written notice of the time and place of the meeting shall be given to the grievant, the representative or any other persons officially involved. Attendance at the meeting of appeal shall be restricted to persons officially involved. The Superintendent may allow for parties in interest to call witnesses. Within ten (10) days of the hearing the appeal, the Superintendent shall communicate to the grievant and all other parties officially present at the meeting the written decision, which shall include supporting reasons therefore. If the grievant is not satisfied with the decision of the Superintendent, a written appeal may be filed with the Superintendent within ten (10) days from the receipt of the Superintendent’s decision. The appeal shall state the grievant’s reasons for appealing the decision of the Superintendent and request appeal to Level Three, Board of Directors. c. Level Three The appeal shall be in writing and copies delivered to Board members, the Superintendent and persons officially involved. The Superintendent shall notify the grievant within ten (10) working days of the date of the BOARD hearing. The BOARD shall conduct the hearing. The BOARD shall communicate to the grievant and all other parties officially present at the hearing, its written decision and the facts that are the basis for that decision within ten (10) working days from the date of the hearing. All BOARD meetings shall be conducted in accordance with the Oregon Public Meeting Law. Meetings may be open as required by the Public Meetings Law. The UNION will have ten (10) days following the BOARD’s decision to notify the DISTRICT of its intent to request arbitration of the dispute or if no decision has been rendered within ten (10) working days after the presentation, the UNION may request to submit the grievance to arbitration. d. Level Four Grievances not settled in Level Three of the grievance procedure may be appealed to arbitration provided that a written notice of a request for arbitration is made by the UNION to the Superintendent within ten (10) working days of the receipt of the BOARD’s answer in Level Three. When timely request has been made for arbitration, the parties or the designated representatives shall attempt to select an impartial arbitrator. Failing to do so, they shall within ten (10) days of the appeal jointly request the Oregon Employment Relations Board to submit a list of seven (7) arbitrators. As soon as the list has been received, the parties or their designated representatives shall determine by lot the order of elimination and thereafter each shall, in that order, alternately strike a name from the list, and the seventh (7th) and remaining name shall act as the arbitrator. The arbitrator shall schedule a meeting on the grievance and, after hearing such evidence as the parties desire to present, shall render a written decision. The arbitrator shall have no power to advise on salary adjustments, except as to the improper application thereof, nor to add to, subtract from, modify, or amend any terms of this Agreement. The arbitrator shall have no power to substitute the arbitrator’s discretion for that of the BOARD in any manner not specifically contracted away by the BOARD. A decision of the arbitrator shall, within the scope of the arbitrator’s authority, be final and be binding upon the parties. There shall be no valid claim of a violation of the Agreement regarding any act or condition, which occurs after the expiration thereof.

Levels of Grievance. a. Level One With a view to informal settlement, disputes shall be thoroughly discussed between L evel One—Supervisor The grievant may first discuss their grievance with their principal or supervisor with the grievant and objective of resolving the supervisor to seek grounds for resolution. The supervisor/director may have present the Deputy Superintendent or designee at this discussionmatter informally. If the grievant matter is not satisfied with resolved informally, the disposition of the grievance, a written grievance grievant may be filed with the supervisor/director who has administrative authority to act within ten (10) 20 days following the informal meetingact or condition which is the basis of the complaint, or within 20 days of the first knowledge, reduce the grievance to writing and file with their immediate supervisor. This The written grievance shall set forth the grounds upon which the grievance is based facts and contract article, Board policy or administrative regulation, as applicable, that they claim was violated and the reasons why the grievant considers the decision rendered at the informal step to be unacceptable. The supervisor/director immediate supervisor shall communicate the a decision in writing within five (5) days to the grievant. Within ten (10) five days of receipt of the decision rendered by the immediate supervisor/director, the grievant, if they are not satisfied with the decision of the immediate supervisor/director, may appeal in writing to the Superintendent. b. Level Two Superintendent or their designee. L evel Two—Superintendent Appeals to the Superintendent or their designee shall be heard by the Superintendent or designee within ten (10) 10 days of their receipt of the appeal. Prior written Written notice of the time and place of the meeting hearing shall be given five days prior thereto to the grievant, grievant and the representative or any other persons officially involvedAssociation. Attendance at the meeting hearing of appeal shall be restricted to persons officially involvedthe grievant, their representative, the designated representatives of the District and the Association. The Superintendent may allow for parties in interest will have the opportunity to call witnesseswitnesses and present their case. Within ten (10) 10 days of the hearing the appeal, the Superintendent or their designee shall communicate to the grievant and all other parties officially present at the meeting the Association their written decision, which shall include supporting reasons thereforethereof. If the grievant is not satisfied with the decision of the SuperintendentSuperintendent or their designee and if the grievance is a contract or policy grievance as defined in Section A. hereof, they may file a written appeal may be filed with the Superintendent within ten (10) 10 days from the receipt of the Superintendent’s or their designee’s decision. The appeal shall state the grievant’s reasons for appealing the decision of the Superintendent and request appeal to Level Three—Board for Policy Grievances. For Contract Grievances, the appeal may be taken either to the Board of Directors. c. Level Three The appeal or to Arbitration, but not both. If the Board is selected, its decision shall be in writing final and copies delivered binding upon the parties. L evel Three—Board Only the specific grievance as filed at Level One may be submitted to Board membersthe Board, unless new evidence or a new basis for the grievance becomes known as a result of the Level Two hearing. In such a case the Association may file a revised grievance at Level One. Within 10 days of receipt of the appeal, the Superintendent or their designee shall establish a date for a Board hearing on the grievance, which shall be not more than 30 calendar days from the date of receipt of the grievance, and persons officially involved. The Superintendent shall notify the grievant within ten (10) working and the Association thereof. The Board shall have no power to subtract from, modify, or amend any terms of this Agreement, and shall further be limited to determining if there has been a violation or erroneous application of established District policy. Within 10 days of hearing the date of appeal, the BOARD hearing. The BOARD shall conduct the hearing. The BOARD Board shall communicate to the grievant and all other parties officially present at the hearing, Association its written decision and decision. L evel Three—Arbitration Only the facts that are Association may pursue a grievance to Level Three—Arbitration. Only the basis for that decision within ten (10) working days from the date of the hearing. All BOARD meetings shall be conducted in accordance with the Oregon Public Meeting Law. Meetings specific grievance as filed at Level One may be open as required by the Public Meetings Law. The UNION will have ten (10) days following the BOARD’s decision to notify the DISTRICT of its intent to request arbitration of the dispute or if no decision has been rendered within ten (10) working days after the presentation, the UNION may request to submit the grievance submitted to arbitration. d. Level Four Grievances not settled in Level Three of the grievance procedure may be appealed to arbitration provided that a written notice of a request for arbitration is made by the UNION to the Superintendent within ten (10) working . Within five days of the receipt of the BOARD’s answer in Level Three. When timely request has been made for arbitrationappeal, the parties Superintendent or their designee and the designated representatives Association shall attempt to select an impartial a mutually acceptable arbitrator. Failing If this is not done, the parties shall, on the sixth day, initiate a request to do so, they shall within ten (10) days of the appeal jointly request the Oregon Employment Relations Board to submit for a list of seven (7) arbitrators. As soon as The parties agree to abide by the list has been received, AAA rules for the parties or their designated representatives shall determine by lot conduct of the order of elimination and thereafter each shall, in that order, alternately strike a name from the list, and the seventh (7th) and remaining name shall act as the arbitrator. The arbitrator shall schedule a meeting on the grievance and, after hearing such evidence as the parties desire to present, shall render a written decisionhearing. The arbitrator shall have no power to advise on salary adjustments, except as to the improper application thereof, nor to add to, subtract from, modify, modify or amend any terms of this Agreement. The arbitrator shall have no power to substitute the arbitrator’s their discretion for that of the BOARD Board in any manner not specifically contracted away by the BOARDBoard. A decision and award of the arbitrator shall, within the scope of the arbitrator’s their authority, be final and be binding upon the parties. There C ost of Arbitration Expenses of the arbitrator shall be no valid claim borne equally by the parties; however, each party shall be responsible for compensating actual expenses or fees of its own representatives and witnesses. If either party desires a violation verbatim recording of the Agreement regarding any act or conditionproceedings, which occurs after it may cause such a record to be made, provided it pays for the expiration thereofrecord and makes a copy available without charge to the arbitrator. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies.

Levels of Grievance. a. Level One With a view to informal settlementInformal with Principal or Immediate Supervisor The aggrieved will first discuss his/her grievance with his/her principal or immediate supervisor, disputes shall be thoroughly discussed between either individually or through the grievant and school grievance representative, or accompanied by an Association representative, with the supervisor to seek grounds for resolution. The supervisor/director may have present objective of resolving the Deputy Superintendent or designee at this discussionmatter informally. If the grievant aggrieved is not satisfied with the disposition of the his/her grievance, he/she may file a written grievance may be filed with the supervisorhis/director her immediate superior (who has administrative authority to act act) within ten (10) days following the informal meetingact or condition which is the basis of his/her complaint, or, if the aggrieved had no knowledge of said occurrence at the time of its happening, then within ten (10) days of the first such knowledge. This grievance complaint shall set forth the grounds upon which the grievance complaint is based based, the remedy sought, and the reasons why the grievant considers aggrieved considered the decision rendered to be is unacceptable. The supervisor/director immediate supervisor shall communicate the his/her decision in writing within five (5) days to the grievantaggrieved. Within ten five (105) days of receipt of the decision rendered by the immediate supervisor/director, the grievantaggrieved, if he/she is not satisfied with the decision of the immediate supervisor/director, may appeal in writing to the Superintendent. b. Level Two superintendent or the superintendent's representative. Appeals to the Superintendent superintendent shall be heard by the Superintendent or designee superintendent within ten (10) days of his receipt of the appeal. Prior written Written notice of the time and place of the meeting hearing shall be given five (5) days prior thereto to the grievantaggrieved, the his/her representative or any other persons officially involvedinvolved in the grievance. Attendance at the meeting hearing of appeal shall be restricted to persons officially involved. The Superintendent may allow for parties Parties in interest may elect to call witnesseswitnesses who shall appear individually at the hearing. Within ten five (105) days of the hearing the appeal, the Superintendent superintendent shall communicate to the grievant aggrieved and all other parties officially present at the meeting the hearing of his/her written decision, which shall include supporting reasons therefore. If the grievant aggrieved is not satisfied with the decision of the Superintendentsuperintendent, he/she may file a written appeal may be filed with the school district board of directors via the Superintendent within ten five (105) days from the receipt of the Superintendent’s superintendent's decision. The appeal shall state the grievantaggrieved’s reasons for appealing the decision of the Superintendent superintendent and request appeal to Level Three, Board of Directors. c. Level Three The appeal shall be in writing and copies delivered to Board members, the Superintendent and persons officially involved. The Superintendent shall notify the grievant within ten Within five (105) working days of the date of the BOARD hearing. The BOARD shall conduct the hearing. The BOARD shall communicate to the grievant and all other parties officially present at the hearing, its written decision and the facts that are the basis for that decision within ten (10) working days from the date of the hearing. All BOARD meetings shall be conducted in accordance with the Oregon Public Meeting Law. Meetings may be open as required by the Public Meetings Law. The UNION will have ten (10) days following the BOARD’s decision to notify the DISTRICT of its intent to request arbitration of the dispute or if no decision has been rendered within ten (10) working days after the presentation, the UNION may request to submit the grievance to arbitration. d. Level Four Grievances not settled in Level Three of the grievance procedure may be appealed to arbitration provided that a written notice of a request for arbitration is made by the UNION to the Superintendent within ten (10) working days of the receipt of the BOARD’s answer in Level Three. When timely request has been made for arbitrationappeal, the school district board of directors will notify all official parties or the designated representatives shall attempt of a hearing to select an impartial arbitrator. Failing to do so, they shall be held within ten (10) days of the appeal jointly request receipt of the Oregon Employment Relations Board to submit a list appeal. The board of seven (7) arbitrators. As soon as directors shall hear arguments of the list has been received, the parties or their designated representatives shall determine by lot the order of elimination and thereafter each shall, in that order, alternately strike a name from the list, superintendent and the seventh (7th) and remaining name shall act as the arbitratoraggrieved. The arbitrator hearing before the Board shall schedule be a meeting on public hearing if required by Oregon law. Within five (5) days following the grievance and, after hearing such evidence as the parties desire to present, school board of directors shall render a written decision. The arbitrator shall have no power decision in writing to advise on salary adjustments, except as to the improper application thereof, nor to add to, subtract from, modify, or amend any terms of this Agreement. The arbitrator shall have no power to substitute the arbitrator’s discretion for that of the BOARD in any manner not specifically contracted away by the BOARD. A decision of the arbitrator shall, within the scope of the arbitrator’s authority, be final and be binding upon the all official parties. There shall be no valid claim of a violation of the Agreement regarding any act or condition, which occurs after the expiration thereof.