Common use of Levels Clause in Contracts

Levels. (1) Level One Principal or Immediate Superior (a) A unit member with a grievance or dispute shall first discuss it with an immediate supervisor or principal, either directly or with the SEA’s Building Grievance Representative, with the objective of resolving the matter informally. (b) Before proceeding to Level Two, the matter shall be presented to the Grievance Committee of the SEA, which shall decide whether there is a valid grievance. (c) Where the Grievance Committee rejects the validity of the grievance and the grievant or grievants decide to proceed to Level Two, any costs incurred by the grievant or grievants shall be at their own expense. (2) Level Two Superintendent of Schools (a) In the event that such aggrieved unit member is not satisfied with the disposition of the grievance at Level One, or in the event that no decision has been rendered within ten (10) school days after presentation of the grievance, the aggrieved party may appeal in writing to the Superintendent of Schools through the chairperson of the SEA Grievance Committee within five (5) school days after the decision at Level One or fifteen (15) school days after the grievance was presented, whichever is sooner. (b) The Superintendent shall represent the Administration at this level of the grievance procedure. Within ten (10) school days after receipt of the written grievance by the Superintendent, the Superintendent shall meet with the aggrieved unit member in an effort to resolve it. (c) If a unit member does not file a written grievance to the Superintendent within ninety (90) days after the member of the unit knew, or should have known of, the act or condition on which the grievance is based, then the grievance shall be waived. (d) A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Paragraph D4 of this article. (3) Level Three Board of Education (a) In the event that the aggrieved unit member is not satisfied with the disposition of the grievance at Level Two, or in the event no decision has been rendered within ten (10) school days after he or she has first met with the Superintendent, he or she may file a written grievance, indicating such dissatisfaction, with the chairperson of the SEA Grievance Committee within fifteen (15) school days after he/she has first met with the Superintendent, or within five (5) school days after the decision at Level Two, whichever is sooner. Within five (5) school days after receiving the written grievance, the Chairperson of the SEA Grievance Committee may refer it to the Board. Within ten (10) school days after receiving the written grievance, the Board, or a committee of the Board, shall meet with the aggrieved unit member for the purpose of hearing the grievance. However, the ultimate decision of the grievance at Level Three shall be rendered within twenty

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Levels. (1Level Participants Process Conference Timing Resolution Deadline One • Employee(s) Level One and HEA Representative if requested • Principal and Immediate Supervisor if requested The grievant shall submit the employee grievance form within 20 days after the occurrence of the event or Immediate Superior (a) A unit member with a grievance or dispute shall first discuss it with an immediate supervisor or principalafter the grievant becomes aware of such event. During the discussion the aggrieved person, either directly or with through the SEA’s Building Grievance Representative, with HEA's representative shall seek to resolve the objective matter. Conference is held within seven days of resolving the matter informally. (b) Before proceeding to Level Two, the matter shall be presented to the Grievance Committee of the SEA, which shall decide whether there is a valid grievance. (c) Where the Grievance Committee rejects the validity of receiving the grievance form. Seven days following the conference Two • Employee(s) and the grievant HEA Representative if requested • Superintendent or grievants decide to proceed to Level Two, any costs incurred by the grievant or grievants shall be at their own expense. (2) Level Two Superintendent of Schools (a) designee In the event that such aggrieved unit member the grievant is not satisfied with the disposition of the his/her grievance at Level Onelevel one, or in the event that no decision has been rendered is reached within seven days he/she may appeal the matter to the superintendent. Conference is held within ten (10) school days after presentation of the grievance, the aggrieved party may appeal in writing to the Superintendent of Schools through the chairperson of the SEA Grievance Committee within five (5) school days after the decision at Level One or fifteen (15) school days after receiving the grievance was presented, whichever is sooner. (bform. Ten days following the conference Three • Employee(s) The and HEA Representative if requested • Superintendent shall represent the Administration at this level of the grievance procedure. Within ten (10) school days after receipt of the written grievance by the Superintendent, the Superintendent shall meet with the aggrieved unit member in an effort to resolve it. (c) If a unit member does not file a written grievance to the Superintendent within ninety (90) days after the member of the unit knew, or should have known of, the act or condition on which the grievance is based, then the grievance shall be waived. (d) A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Paragraph D4 of this article. (3) Level Three Board of Education (a) designee • Federal Mediation & Conciliation Service In the event that the aggrieved unit member grievant is not satisfied with the disposition of the his/her grievance at Level Twolevel two, or in the event that no decision has been rendered is reached within ten (10) school days after he or she has first met with the Superintendent, he or she may file a written grievance, indicating such dissatisfaction, with the chairperson of the SEA Grievance Committee within fifteen (15) school days after he/she has first met may appeal the matter for mediation to the Federal Mediation and Conciliation Service (000) 000-0000. Conference is held within twenty days of receiving the grievance form. Ten days following the conference Four • Employee(s) and HEA Representative if requested • Superintendent or designee • Board of Education In the event that the grievant is not satisfied with the Superintendentdisposition of his/her grievance at level three, or in the event that no decision is reached within five (5) school ten days after he/she may appeal the decision at Level Two, whichever matter to the Board of Education. Conference is sooner. Within five (5) school held within thirty days after of receiving the written grievance, grievance form. Twenty days following the Chairperson of the SEA Grievance Committee may refer it to the Board. Within ten (10) school days after receiving the written grievance, the Board, or a committee of the Board, shall meet with the aggrieved unit member for the purpose of hearing the grievance. However, the ultimate decision of the grievance at Level Three shall be rendered within twentyconference * See Note

Appears in 3 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

Levels. 1. The administrator being grieved or his or her designated representative shall have five (15) Level One Principal or Immediate Superior (a) A unit member with workdays to give a grievance or dispute shall first discuss it with an immediate supervisor or principal, either directly or with the SEA’s Building Grievance Representative, with the objective of resolving the matter informally. (b) Before proceeding to Level Two, the matter shall be presented to the Grievance Committee written decision after receipt of the SEA, which shall decide whether there is a valid grievance. 2. If the grievance is not settled at Level 1 within five (c5) Where workdays, the Grievance Committee rejects grievant may move it to Level 2 by a written notice to the validity appropriate Division/Department Head or his or her designated representative. The Division/Department Head or his or her designated representative shall have ten (10) workdays to give a written decision after receipt of the grievance and the grievant or grievants decide to proceed to Level Two, any costs incurred by the grievant or grievants shall be at their own expensegrievance. (2) Level Two Superintendent of Schools (a) In 3. If the event that such aggrieved unit member “grievant” is not satisfied with the disposition decision rendered at Level 2, he or she may appeal to the Superintendent within five (5) work days after receipt of the decision. The Superintendent or his or her designated representative will respond within fifteen (15) workdays after receipt of the grievance. Category Level 1 Administrator making the decision on the issue being grieved Level 2 Appropriate Assistant Superintendent or Designee Level 3 Superintendent of Schools or Designee G. Arbitration 1. Any grievance that has been properly processed through Level 3 of the grievance at Level One, procedure and has not been settled may be moved by the Union to arbitration under the voluntary rules of the American Arbitration Association. No individual employee or in groups of employees shall have the event that no decision has been rendered right to invoke the provisions of these arbitration procedures. This appeal may be made by the Union by serving written notice to the Superintendent within ten (10) school days after presentation workdays following receipt of the grievance, the aggrieved party may appeal in writing to the Superintendent of Schools through the chairperson of the SEA Grievance Committee within five (5) school days after the decision Superintendent’s written response at Level One or fifteen (15) school days after the grievance was presented, whichever is sooner. (b) The Superintendent shall represent the Administration at this level 3 of the grievance procedureprocedures. 2. Within ten (10) school days after receipt The jurisdiction and authority of the written grievance by the Superintendentarbitrator, the Superintendent and his or her opinion and recommendation, shall meet with the aggrieved unit member in an effort to resolve it. (c) If a unit member does not file a written grievance be confined to the Superintendent within ninety (90express provision(s) days after the member of the unit knew, or should have known of, the act or condition on which the grievance is based, then the grievance shall be waived. (d) A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Paragraph D4 of this article. (3) Level Three Board of Education (a) In Agreement at issue between the event that the aggrieved unit member is not satisfied with the disposition of the grievance at Level Two, or in the event no decision has been rendered within ten (10) school days after he or she has first met with the Superintendent, he or she may file a written grievance, indicating such dissatisfaction, with the chairperson of the SEA Grievance Committee within fifteen (15) school days after he/she has first met with the Superintendent, or within five (5) school days after the decision at Level Two, whichever is sooner. Within five (5) school days after receiving the written grievance, the Chairperson of the SEA Grievance Committee may refer it to Union and the Board. Within ten (10) school days after receiving the written grievanceThe arbitrator shall have no authority to add to, the Boardalter, amend, or modify a committee provision of this Agreement, or to make any recommendation, which will in any way deprive the Board of any of the Boardpowers delegated to it by law. The parties further agree to accept the arbitrator’s award, shall meet with the aggrieved unit member for the purpose of hearing the grievance. Howeverwithin his or her jurisdiction and authority, the ultimate decision of the grievance at Level Three shall be rendered within twentyas final and binding upon them.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Levels. (Level 1) Level One Principal or Immediate Superior (a) A unit member with . Any employee who has a grievance or dispute shall first discuss it first with an his/her principal, immediate supervisor or principaldepartment head, either directly or with the SEA’s Building Grievance Representativeif applicable, with the objective of resolving in an attempt to resolve the matter informallyinformally at that level. (b) Before proceeding to Level Two, 2. If as a result of this discussion the matter shall be presented is not resolved to the Grievance Committee satisfaction of the SEAemployee within fourteen (14) calendar days, which they may set forth their grievance in writing to their principal on the grievance forms provided (See Schedule B). The principal shall decide whether there is a valid communicate his/her decision to the employee in writing within seven (7) calendar days of receipt of the written grievance. Level 3. The employee, no later than seven (c7) Where the Grievance Committee rejects the validity calendar days after receipt of the grievance and principal's decision, may appeal this decision to the grievant or grievants decide to proceed to Level Two, any costs incurred by the grievant or grievants shall be at their own expense. (2) Level Two Superintendent of Schools (a) In the event that such aggrieved unit member is not satisfied with the disposition of the grievance at Level One, or in the event that no decision has been rendered within ten (10) school days after presentation of the grievance, the aggrieved party may . The appeal in writing to the Superintendent of Schools through must be made in writing stating the chairperson of grievance to the SEA Grievance Committee within five (5) school days after principal and the employee's dissatisfaction with the decision at previously rendered. Level One or fifteen (15) school days after 4. If the grievance was presentedis not resolved to the employee's satisfaction, whichever is sooner. he/she may, no later than seven (b7) The Superintendent shall represent the Administration at this level of the grievance procedure. Within ten (10) school calendar days after receipt of the written grievance decision of the Superintendent of Schools, request a review by the Superintendent, Board. The request shall be submitted in writing through the Superintendent of Schools who shall meet with attach all related papers and forward the aggrieved unit member in an effort to resolve it. request within seven (c7) If a unit member does not file a written grievance to the Superintendent within ninety (90) calendar days after the member of the unit knew, or should have known of, the act or condition on which the grievance is based, then the grievance shall be waived. (d) A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Paragraph D4 of this article. (3) Level Three Board of Education (a) In the event that the aggrieved unit member is not satisfied with the disposition of the grievance at Level Two, or in the event no decision has been rendered within ten (10) school days after he or she has first met with the Superintendent, he or she may file a written grievance, indicating such dissatisfaction, with the chairperson of the SEA Grievance Committee within fifteen (15) school days after he/she has first met with the Superintendent, or within five (5) school days after the decision at Level Two, whichever is sooner. Within five (5) school days after receiving the written grievance, the Chairperson of the SEA Grievance Committee may refer it to the Board. Within ten (10) school days after receiving The Board shall review the written grievancegrievance and shall, at the Board, or a committee option of the Board, shall meet hold a hearing with the aggrieved unit member for employee and render a written decision in any case within thirty (30) calendar days of receipt of said grievance by the purpose Board or within twenty (20) calendar days of the date of hearing with the grievanceemployee, whichever comes later. However, (See Schedule B) Level 5. If the ultimate employee is dissatisfied with the decision of the Board, if the grievance at pertains to a matter of previous formal agreement between the Board and the Association, the employee or the Association may request the appointment of an arbitrator, such request to be made known to the Superintendent of Schools no later than fourteen (14) calendar days after the written decision of the Board is made known. The employee in order to process their grievance for Level Three shall be rendered within twenty4 must have his/her request for such an action accompanied by the written recommendation of the Association.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Levels. (1) Level One Principal or Immediate Superior (a) A unit member with a grievance or dispute shall first discuss it with an immediate supervisor or principal, either directly or with the SEA’s Building Grievance Representative, with the objective of resolving the matter informally. (b) Before proceeding to Level Two, the matter shall be presented to the Grievance Committee of the SEA, which shall decide whether there is a valid grievance. (c) Where the Grievance Committee rejects the validity of the grievance and the grievant or grievants decide to proceed to Level Two, any costs incurred by the grievant or grievants shall be at their own expense. (2) Level Two Superintendent of Schools (a) In the event that such aggrieved unit member is not satisfied with the disposition of the grievance at Level One, or in the event that no decision has been rendered within ten (10) school days after presentation of the grievance, the aggrieved party may appeal in writing to the Superintendent of Schools through the chairperson of the SEA Grievance Committee within five (5) school days after the decision at Level One or fifteen (15) school days after the grievance was presented, whichever is sooner. (b) The Superintendent shall represent the Administration at this level of the grievance procedure. Within ten (10) school days after receipt of the written grievance by the Superintendent, the Superintendent shall meet with the aggrieved unit member in an effort to resolve it. (c) If a unit member does not file a written grievance to the Superintendent within ninety (90) days after the member of the unit knew, or should have known of, the act or condition on which the grievance is based, then the grievance shall be waived. (d) A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Paragraph D4 of this article. (3) Level Three Board of Education (a) In the event that the aggrieved unit member is not satisfied with the disposition of the grievance at Level Two, or in the event no decision has been rendered within ten (10) school days after he or she has first met with the Superintendent, he or she may file a written grievance, indicating such dissatisfaction, with the chairperson of the SEA Grievance Committee within fifteen (15) school days after he/she has first met with the Superintendent, or within five (5) school days after the decision at Level Two, whichever is sooner. Within five (5) school days after receiving the written grievance, the Chairperson of the SEA Grievance Committee may refer it to the Board. Within ten (10) school days after receiving the written grievance, the Board, or a committee of the Board, shall meet with the aggrieved unit member for the purpose of hearing the grievance. However, the ultimate decision of the grievance at Level Three shall be rendered within twentyten

Appears in 1 contract

Samples: Collective Bargaining Agreement

Levels. (1) A. Level One Principal The grievant(s) may file a written grievance with his/her/their building administrator or Immediate Superiordesignee. Written grievances as required herein shall: 1. Be signed by the grievant(s); 2. Be specific; 3. Contain a synopsis of the facts giving rise to the alleged violation; 4. Cite the section or subsections of this agreement alleged to have been violated and/or the policy or administrative rule alleged to have been violated; 5. Contain the date of the alleged violation; 6. Specify the relief requested. 7. At all levels, timelines may be altered by written mutual agreement of the Union and the District. The building administrator or designee shall arrange a meeting to include the grievant(s), the building administrator or designee, and representative(s) as required by either party within five (a5) A unit member with a days of receipt of the complaint. This Level One meeting shall provide the opportunity for the grievant(s) to explain to the building administrator or designee the grievant’(s) position and for the building administrator or designee to ask clarifying questions. The building administrator or designee shall report the decision to the grievant in writing within five (5) days after the Level One meeting. B. Level Two If the grievance or dispute shall first discuss it with an immediate supervisor or principal, either directly or is not resolved with the SEA’s Building Grievance Representative, with the objective of resolving the matter informally. (b) Before proceeding to Level Two, the matter shall be presented to the Grievance Committee written decision of the SEA, which shall decide whether there is a valid grievance. (c) Where the Grievance Committee rejects the validity of the grievance and the grievant building administrator or grievants decide to proceed to Level Two, any costs incurred by the grievant or grievants shall be at their own expense. (2) Level Two Superintendent of Schools (a) In the event that such aggrieved unit member is not satisfied with the disposition of the grievance designee at Level One, or if no decision has been rendered, the grievant(s) may file the grievance as a Level Two grievance in writing with the event that superintendent, or designee, not a party to the grievance, no later than ten (10) days from the receipt of the Level One decision. The superintendent, or designee, shall arrange a meeting to include the grievant(s), the building administrator or designee, and representative(s) as required by either party within five (5) days of receipt Level Two grievance. This Level Two meeting shall provide the opportunity for the grievant(s) to explain to the superintendent, or designee, the grievant’(s) position and for the superintendent, or designee, to ask clarifying questions. C. Level Three If the grievance is not resolved with the written decision of the superintendent or designee at Level Two or if no decision has been rendered within ten (10) school days after presentation of the grievanceLevel Two meeting, the aggrieved party grievant may appeal file the grievance in writing to as a Level Three grievance with the Superintendent of Schools through the chairperson of the SEA Grievance Committee within superintendent not later than five (5) school days after the decision at Level One or fifteen (15) school days after the grievance was presented, whichever is sooner. (b) The Superintendent shall represent the Administration at this level of the grievance procedure. Within ten (10) school days after receipt of the written grievance by the SuperintendentLevel Two decision, the Superintendent shall meet requesting a hearing with the aggrieved unit member in an effort to resolve it. Board. The Board shall provide for a Level Three hearing no later than fifteen (c15) If a unit member does not file a days following the superintendent’s receipt of the Level Three grievance and shall provide written grievance notice of the time and place of the Level Three hearing to the Superintendent within ninety parties in interest no later than five (905) days after the member of the unit knew, or should have known of, the act or condition on which the grievance is based, then the grievance shall be waived. (d) A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Paragraph D4 of this article. (3) Level Three Board of Education (a) In the event that the aggrieved unit member is not satisfied with the disposition of the grievance at Level Two, or in the event no decision has been rendered within ten (10) school days after he or she has first met with prior to the Superintendent, he or she may file a written grievance, indicating such dissatisfaction, with hearing. The Board shall hear the chairperson presentation of the SEA Grievance Committee within fifteen (15) school days after he/she has first met with the Superintendent, or within five (5) school days after the decision at Level Two, whichever is sooner. Within five (5) school days after receiving the written grievance, the Chairperson of the SEA Grievance Committee may refer it to the Board. Within ten (10) school days after receiving the written grievance, the Board, or a committee of the Board, shall meet with the aggrieved unit member for the purpose of hearing the grievance. However, the ultimate decision of the grievance at Level Three shall be rendered within twentygrievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Levels. (1) . Level One Principal or — (Informal/Immediate Superior (a) A unit member An administrator with a grievance or dispute shall first discuss it with an the Superintendent or other immediate supervisor or principal, superior either directly privately or with an officer of the SEA’s Building Grievance RepresentativeAssociation present, with the objective of resolving the matter informally. The immediate superior has 5 days to respond. (b) Before proceeding to Level Two, the matter shall be presented to the Grievance Committee of the SEA, which shall decide whether there is a valid grievance. (c) Where the Grievance Committee rejects the validity of the grievance and the grievant or grievants decide to proceed to Level Two, any costs incurred by the grievant or grievants shall be at their own expense. (2) . Level Two Superintendent of Schools— (Formal/Immediate Superior) (a) In a. If the event that such aggrieved unit member person is not satisfied with the disposition of the his/her grievance at Level OneOne or if no decisions has been rendered within five (5) school days after the grievance was delivered to the Superintendent or immediate superior, and the aggrieved person wishes to pursue his/her grievance, he/she shall submit it in writing to the Superintendent or Immediate superior with copies to the Superintendent of Schools and the Association. b. The Superintendent or immediate superior shall respond in writing, on the stationery of his/her office, within five (5) school days. If the aggrieved person is not satisfied with the response of the Superintendent or his/her immediate superior or if no decision has been rendered within five (5) school days, the aggrieved person may submit a Grievance Appeal. One to the Superintendent of Schools with copies to the Association within ten (10) school days after the grievance was filed in written form, whichever is sooner. 3. Level Three Upon the request of the aggrieved person, the Superintendent of Schools or his/her designee shall confer with the aggrieved person with respect to the grievance and shall deliver to the aggrieved person a written decision no later than ten (10) school days after it is received. 4. Level Four — (Arbitration) a. If the aggrieved person is not satisfied with the written disposition of his/her grievance at level three, or in the event that if no decision has been rendered within ten (10) school days after presentation of the grievance, the aggrieved party may appeal in writing to he/she has first met with the Superintendent of Schools through the chairperson of the SEA Grievance Committee or his/her designee, he/she may, within five (5) school days after the a written decision at Level One or fifteen (15) school days after the grievance was presented, whichever is sooner. (b) The Superintendent shall represent the Administration at this level of the grievance procedure. Within ten (10) school days after receipt of the written grievance by the Superintendent, the Superintendent shall meet with the aggrieved unit member in an effort to resolve it. (c) If a unit member does not file a written grievance to the Superintendent within ninety (90) days after the member of the unit knew, or should have known of, the act or condition on which the grievance is based, then the grievance shall be waived. (d) A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Paragraph D4 of this article. (3) Level Three Board of Education (a) In the event that the aggrieved unit member is not satisfied with the disposition of the grievance at Level Two, or in the event no decision has been rendered within ten (10) school days after he or she has first met with the Superintendent, he or she may file a written grievance, indicating such dissatisfaction, with the chairperson of the SEA Grievance Committee within fifteen (15) school days after he/she has first met with the Superintendent, or whichever is sooner, request in writing that the Association submit his/her grievance for arbitration. b. If the Association determined that the grievance is meritorious and that submitting it to arbitration is in the best interest of the administrator and the school district, the Association shall submit the grievance to arbitration within five fifteen (515) school days after the decision at Level Two, whichever is sooner. Within five (5) school days after receiving the written grievance, the Chairperson receipt of the SEA Grievance Committee may refer it to request by the Board. aggrieved person. c. Within ten (10) school days after receiving the such written grievancenotice of submission to arbitration, the BoardBoard and the Association shall agree upon a mutually acceptable arbitrator from a list arbitrators submitted by the American Arbitration Association in the selection of an arbitrator. d. The arbitrator selected will confer with representatives of the Board and the Association and hold a hearing promptly and will have its decision not later than thirty (30) calendar days from the date of the close of the hearing or the filing of briefs, if briefs are filed, or a committee if oral hearings have been waived, then from the date the final statements and proofs are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of act, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision amending this Agreement in whole or in part nor does he/she have the power to make any decisions which requires the commission of an act prohibited by law. In formulating his/her decision, the arbitrator shall adhere to the statutory law of New Jersey and to the pertinent decisions of the Board, shall meet with the aggrieved unit member for the purpose Commissioner of hearing the grievance. HoweverEducation, the ultimate State Board of Education and the Courts. Except as aforesaid, the decision of the grievance at Level Three arbitrator shall be rendered within twentyfinal and binding on the parties. The cost for the services of the arbitrator, including per diem expenses, if 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Levels. (1) . Level One Principal or Immediate Superior (a) One: A unit member with a grievance or dispute shall first discuss it with teacher believing himself wronged by an immediate supervisor or principal, either directly or with the SEA’s Building Grievance Representative, with the objective of resolving the matter informally. (b) Before proceeding to Level Two, the matter shall be presented to the Grievance Committee alleged violation of the SEA, which express provisions of this contract shall decide whether there is a valid grievance. (c) Where the Grievance Committee rejects the validity of the grievance and the grievant or grievants decide to proceed to Level Two, any costs incurred by the grievant or grievants shall be at their own expense. (2) Level Two Superintendent of Schools (a) In the event that such aggrieved unit member is not satisfied with the disposition of the grievance at Level One, or in the event that no decision has been rendered within ten (10) school days after presentation of the grievance, the aggrieved party may appeal in writing to the Superintendent of Schools through the chairperson of the SEA Grievance Committee within five (5) school days after the decision at Level One or fifteen (15) school days after its alleged occurrence orally discuss the grievance was presented, whichever is sooner. (b) The Superintendent shall represent the Administration at this level of the grievance procedure. Within ten (10) school days after receipt of the written grievance by the Superintendent, the Superintendent shall meet with the aggrieved unit member building principal in an effort attempt to resolve it. (c) If a unit member does not file a written grievance to the Superintendent within ninety (90) days after situation. The teacher shall identify the member of the unit knew, or should have known of, the act or condition on which the grievance is based, then the grievance shall be waived. (d) A dispute discussion as to whether involving a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Paragraph D4 of this article. (3) Level Three Board of Education (a) In the event that the aggrieved unit member issue. If no resolution is not satisfied with the disposition of the grievance at Level Two, or in the event no decision has been rendered within ten (10) school days after he or she has first met with the Superintendent, he or she may file a written grievance, indicating such dissatisfaction, with the chairperson of the SEA Grievance Committee within fifteen (15) school days after he/she has first met with the Superintendent, or obtained within five (5) school days after of the decision at discussion, the teacher shall reduce the grievance to writing and proceed within five (5) days of said discussion to Level Two, whichever is sooner. 2. Level Two: A copy of the written grievance shall be filed with the Superintendent or their designated agent as specified in Level One with the endorsement thereon of the approval or disapproval of the Association. Within five (5) school days after receiving of receipt of the written Level Two grievance, the Chairperson Superintendent or their designated agent shall arrange a meeting with the grievant and/or the designated Association representative at the option of the SEA Grievance Committee may refer it grievant to discuss the grievance. Within five (5) days of the discussion the Superintendent or their designated agent shall render their decision in writing, transmitting a copy of the same to the grievant, the Association secretary, the building principal in which the grievance arose, and place a copy of same in a permanent file in their office. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the superintendent with the officer of the Board in charge of drawing up the agenda for the Board. Within 's meeting not less than five (5) days prior to the next regular Board meeting scheduled at least ten (10) school days after receiving receipt of the written superintendent's answer. 3. Level Three: Upon proper application as specified in Level Two the Board shall allow the teacher or his Association representative an opportunity to be heard at the meeting for which the grievance was scheduled. Within 10 days from the hearing of the grievance, the BoardBoard shall render its decision in writing. The Board may hold future hearings therein, may designate one or a committee more of its members to hold future hearings therein or otherwise investigate the grievance, provided however, that in no event except with express written consent of the Board, Association shall meet with final determination of the aggrieved unit member for grievance be made by the purpose Board more than 10 days after the initial hearing. a. A copy of hearing the grievance. However, the ultimate written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the secretary of the Association. 4. Level Four: Individual teachers shall not have the right to process a grievance at Level Three shall be rendered within twentyFour.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Levels. (Level 1) Level One Principal or Immediate Superior (a) A unit member with . Any employee who has a grievance or dispute shall first discuss it first with an his/her principal or immediate supervisor or principaldepartment head, either directly or with the SEA’s Building Grievance Representativeif applicable, with the objective of resolving in an attempt to resolve the matter informallyinformally at that level. When an employee wishes to discuss a grievance with his/her supervisor, the meeting must be arranged in advance, and the supervisor informed, prior to the meeting, of the purpose of the meeting. In any event, the meeting must be held within the timelines established by this procedure. (b) Before proceeding to Level Two, 2. If as a result of this discussion the matter shall be presented is not resolved to the Grievance Committee satisfaction of the SEAemployee within fourteen (14) calendar days, which he/she may set forth their grievance in writing to his/her principal on the grievance forms provided (Appendix 1). The principal shall decide whether there is a valid grievancecommunicate his/her decision to the employee in writing within seven (7) calendar days of receipt of the written grievance (See Appendix 1). Level 3. The employee, no later than seven (c7) Where the Grievance Committee rejects the validity calendar days after receipt of the grievance and principal’s decision, may appeal this decision to the grievant or grievants decide to proceed to Level Two, any costs incurred by the grievant or grievants shall be at their own expense. (2) Level Two Superintendent of Schools (a) In the event that such aggrieved unit member is not satisfied with the disposition of the grievance at Level One, or in the event that no decision has been rendered within ten (10) school days after presentation of the grievance, the aggrieved party may . The appeal in writing to the Superintendent of Schools through must be made in writing stating the chairperson of grievance to the SEA Grievance Committee within five (5) school days after principal and the employee’s dissatisfaction with the decision at previously rendered. The Superintendent of Schools shall attempt to resolve the matter as quickly as possible but within a period not to exceed twenty-one (21) calendar days. The Superintendent of Schools shall communicate his/her decision in writing to the employee and the principal (See Appendix 1). Level One or fifteen (15) school days after 4. If the grievance was presentedis not resolved to the employee’s satisfaction, whichever is sooner. he/she may, no later than seven (b7) The Superintendent shall represent the Administration at this level of the grievance procedure. Within ten (10) school calendar days after receipt of the written grievance decision of the Superintendent of Schools, request a review by the Superintendent, Board. The request shall be submitted in writing through the Superintendent of Schools who shall meet with attach all related papers and forward the aggrieved unit member in an effort to resolve it. request within seven (c7) If a unit member does not file a written grievance to the Superintendent within ninety (90) calendar days after the member of the unit knew, or should have known of, the act or condition on which the grievance is based, then the grievance shall be waived. (d) A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Paragraph D4 of this article. (3) Level Three Board of Education (a) In the event that the aggrieved unit member is not satisfied with the disposition of the grievance at Level Two, or in the event no decision has been rendered within ten (10) school days after he or she has first met with the Superintendent, he or she may file a written grievance, indicating such dissatisfaction, with the chairperson of the SEA Grievance Committee within fifteen (15) school days after he/she has first met with the Superintendent, or within five (5) school days after the decision at Level Two, whichever is sooner. Within five (5) school days after receiving the written grievance, the Chairperson of the SEA Grievance Committee may refer it to the Board. Within ten (10) school days after receiving The Board shall review the written grievancegrievance and shall, at the Board, or a committee option of the Board, shall meet hold a hearing with the aggrieved unit member for employee and render a written decision in any case within thirty (30) calendar days of receipt of said grievance by the purpose Board or within twenty (20) calendar days of the date of hearing with the grievanceemployee, whichever comes later (See Appendix 1). Level 5. However, If the ultimate employee is dissatisfied with the decision of the Board, if the grievance at Level Three shall pertains to a matter of previous formal agreement between the Board and the Association, the employee or the Association may request the appointment of an arbitrator, such request to be rendered within twentymade known to the Superintendent of Schools no later than fourteen (14) calendar days after the written decision of the Board is made known. The employee in order to

Appears in 1 contract

Samples: Collective Bargaining Agreement

Levels. (Level 1) Level One Principal or Immediate Superior (a) A unit member with . Any employee who has a grievance or dispute shall first discuss it first with an his/her principal or immediate supervisor or principaldepartment head, either directly or with the SEA’s Building Grievance Representativeif applicable, with the objective of resolving in an attempt to resolve the matter informallyinformally at that level. (b) Before proceeding to Level Two2. If as a result of this discussion, the matter shall be presented is not resolved to the Grievance Committee satisfaction of the SEAemployee within fourteen (14) calendar days, which they may set forth their grievance in writing to their principal on the grievance forms provided (See Schedule B). The principal shall decide whether there is a valid communicate his/her decision to the employee in writing within seven (7) calendar days of receipt of the written grievance. Level 3. The employee, no later than seven (c7) Where the Grievance Committee rejects the validity calendar days after receipt of the grievance and principal's decision, may appeal this decision to the grievant or grievants decide to proceed to Level Two, any costs incurred by the grievant or grievants shall be at their own expense. (2) Level Two Superintendent of Schools (a) In the event that such aggrieved unit member is not satisfied with the disposition of the grievance at Level One, or in the event that no decision has been rendered within ten (10) school days after presentation of the grievance, the aggrieved party may . The appeal in writing to the Superintendent of Schools through must be made in writing stating the chairperson of grievance to the SEA Grievance Committee within five (5) school days after principal and the employee's dissatisfaction with the decision at previously rendered. The Superintendent of Schools shall attempt to resolve the matter as quickly as possible but within a period not to exceed twenty-one (21) calendar days. The Superintendent of Schools shall communicate his/her decision in writing to the employee and the principal. (See Schedule B) Level One or fifteen (15) school days after 4. If the grievance was presentedis not resolved to the employee's satisfaction, whichever is sooner. he/she may no later than seven (b7) The Superintendent shall represent the Administration at this level of the grievance procedure. Within ten (10) school calendar days after receipt of the written grievance decision of the Superintendent of Schools, request a review by the Superintendent, Board. The request shall be submitted in writing through the Superintendent of Schools who shall meet with attach all related papers and forward the aggrieved unit member in an effort to resolve it. request within seven (c7) If a unit member does not file a written grievance to the Superintendent within ninety (90) calendar days after the member of the unit knew, or should have known of, the act or condition on which the grievance is based, then the grievance shall be waived. (d) A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Paragraph D4 of this article. (3) Level Three Board of Education (a) In the event that the aggrieved unit member is not satisfied with the disposition of the grievance at Level Two, or in the event no decision has been rendered within ten (10) school days after he or she has first met with the Superintendent, he or she may file a written grievance, indicating such dissatisfaction, with the chairperson of the SEA Grievance Committee within fifteen (15) school days after he/she has first met with the Superintendent, or within five (5) school days after the decision at Level Two, whichever is sooner. Within five (5) school days after receiving the written grievance, the Chairperson of the SEA Grievance Committee may refer it to the Board. Within ten (10) school days after receiving The Board shall review the written grievancegrievance and shall, at the Board, or a committee Level 5. If the employee is dissatisfied with the decision of the Board, shall meet with if the aggrieved unit member for grievance pertains to a matter of previous formal agreement between the purpose of hearing Board and the grievance. HoweverAssociation, the ultimate employee or the Association may request the appointment of an arbitrator, such request to be made known to the Superintendent of Schools no later than fourteen (14) calendar days after the written decision of the Board is made known. The employee, in order to process their grievance at Level Three shall be rendered within twentyfor Xxxxx 0, must have his/her request for such an action accompanied by the written recommendation of the Association.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Levels. 1. The administrator being grieved or his or her designated representative shall have five (15) Level One Principal or Immediate Superior (a) A unit member with work days to give a grievance or dispute shall first discuss it with an immediate supervisor or principal, either directly or with the SEA’s Building Grievance Representative, with the objective of resolving the matter informally. (b) Before proceeding to Level Two, the matter shall be presented to the Grievance Committee written decision after receipt of the SEA, which shall decide whether there is a valid grievance. 2. If the grievance is not settled at Level 1 within five (c5) Where work days, the Grievance Committee rejects grievant may move it to Level 2 by a written notice to the validity appropriate Division/Department Head or his or her designated representative. The Division/Department Head or his or her designated representative shall have ten (10) work days to give a written decision after receipt of the grievance and the grievant or grievants decide to proceed to Level Two, any costs incurred by the grievant or grievants shall be at their own expensegrievance. (2) Level Two Superintendent of Schools (a) In 3. If the event that such aggrieved unit member “grievant” is not satisfied with the disposition decision rendered at Level 2, he or she may appeal to the Superintendent within five (5) work days after receipt of the decision. The Superintendent or his or her designated representative will respond within fifteen (15) work days after receipt of the grievance. Level 1 Administrator making the decision on the issue being grieved Level 2 Appropriate Assistant Superintendent or Designee Level 3 Superintendent of Schools or Designee G. Arbitration 1. Any grievance that has been properly processed through Level 3 of the grievance at Level One, procedure and has not been settled may be moved by the Union to arbitration under the voluntary rules of the American Arbitration Association. No individual employee or in groups of employees shall have the event that no decision has been rendered right to invoke the provisions of these arbitration procedures. This appeal may be made by the Union by serving written notice to the Superintendent within ten (10) school work days after presentation following receipt of the grievance, the aggrieved party may appeal in writing to the Superintendent of Schools through the chairperson of the SEA Grievance Committee within five (5) school days after the decision Superintendent’s written response at Level One or fifteen (15) school days after the grievance was presented, whichever is sooner. (b) The Superintendent shall represent the Administration at this level 3 of the grievance procedureprocedures. 2. Within ten (10) school days after receipt The jurisdiction and authority of the written grievance by the Superintendentarbitrator, the Superintendent and his or her opinion and recommendation, shall meet with the aggrieved unit member in an effort to resolve it. (c) If a unit member does not file a written grievance be confined to the Superintendent within ninety (90express provision(s) days after the member of the unit knew, or should have known of, the act or condition on which the grievance is based, then the grievance shall be waived. (d) A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Paragraph D4 of this article. (3) Level Three Board of Education (a) In agreement at issue between the event that the aggrieved unit member is not satisfied with the disposition of the grievance at Level Two, or in the event no decision has been rendered within ten (10) school days after he or she has first met with the Superintendent, he or she may file a written grievance, indicating such dissatisfaction, with the chairperson of the SEA Grievance Committee within fifteen (15) school days after he/she has first met with the Superintendent, or within five (5) school days after the decision at Level Two, whichever is sooner. Within five (5) school days after receiving the written grievance, the Chairperson of the SEA Grievance Committee may refer it to Union and the Board. Within ten (10) school days after receiving the written grievanceThe arbitrator shall have no authority to add to, the Boardalter, amend or modify a provision of this agreement, or a committee to make any recommendation which will in any way deprive the Board of any of the Boardpowers delegated to it by law. The parties further agree to accept the arbitrator’s award, shall meet with the aggrieved unit member for the purpose of hearing the grievance. Howeverwithin his or her jurisdiction and authority, the ultimate decision of the grievance at Level Three shall be rendered within twentyas final and binding upon them.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Levels. (Level 1) Level One Principal or Immediate Superior (a) A unit member with . Any employee who has a grievance or dispute shall first discuss it first with an his/her principal or immediate supervisor or principaldepartment head, either directly or with the SEA’s Building Grievance Representativeif applicable, with the objective of resolving in an attempt to resolve the matter informallyinformally at that level. When an employee wishes to discuss a grievance with his/her supervisor, the meeting must be arranged in advance, and the supervisor informed, prior to the meeting, of the purpose of the meeting. In any event, the meeting must be held within the timelines established by this procedure. (b) Before proceeding to Level Two, 2. If as a result of this discussion the matter shall be presented is not resolved to the Grievance Committee satisfaction of the SEAemployee within fourteen (14) calendar days, which they may set forth their grievance in writing to their principal on the grievance forms provided (Schedule B). The principal shall decide whether there is a valid communicate his/her decision to the employee in writing within seven (7) calendar days of receipt of the written grievance. Level 3. The employee, no later than seven (c7) Where the Grievance Committee rejects the validity calendar days after receipt of the grievance and principal's decision, may appeal this decision to the grievant or grievants decide to proceed to Level Two, any costs incurred by the grievant or grievants shall be at their own expense. (2) Level Two Superintendent of Schools (a) In the event that such aggrieved unit member is not satisfied with the disposition of the grievance at Level One, or in the event that no decision has been rendered within ten (10) school days after presentation of the grievance, the aggrieved party may . The appeal in writing to the Superintendent of Schools through must be made in writing stating the chairperson of grievance to the SEA Grievance Committee within five (5) school days after principal and the employee's dissatisfaction with the decision at previously rendered (Schedule B). The Superintendent of Schools shall attempt to resolve the matter as quickly as possible but within a period not to exceed twenty- one (21) calendar days. The Superintendent of Schools shall communicate his/her decision in writing to the employee and the principal. Level One or fifteen (15) school days after 4. If the grievance was presentedis not resolved to the employee's satisfaction, whichever is sooner. he/she may, no later than seven (b7) The Superintendent shall represent the Administration at this level of the grievance procedure. Within ten (10) school calendar days after receipt of the written grievance by the Superintendent, decision of the Superintendent shall meet with the aggrieved unit member in an effort to resolve it. (c) If of Schools, request a unit member does not file a written grievance to the Superintendent within ninety (90) days after the member of the unit knew, or should have known of, the act or condition on which the grievance is based, then the grievance shall be waived. (d) A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Paragraph D4 of this article. (3) Level Three Board of Education (a) In the event that the aggrieved unit member is not satisfied with the disposition of the grievance at Level Two, or in the event no decision has been rendered within ten (10) school days after he or she has first met with the Superintendent, he or she may file a written grievance, indicating such dissatisfaction, with the chairperson of the SEA Grievance Committee within fifteen (15) school days after he/she has first met with the Superintendent, or within five (5) school days after the decision at Level Two, whichever is sooner. Within five (5) school days after receiving the written grievance, the Chairperson of the SEA Grievance Committee may refer it to review by the Board. Within ten The request shall be submitted in writing through the Superintendent of Schools who shall attach all related papers and forward the request within seven (107) school calendar days after receiving to the written grievanceBoard (Schedule B). The Board shall review the grievance and shall, at the Board, or a committee option of the Board, shall meet hold a hearing with the aggrieved unit member for employee and render a written decision in any case within thirty (30) calendar days of receipt of said grievance by the purpose Board or within twenty (20) calendar days of the date of hearing with the grievanceemployee, whichever comes later. Level 5. However, If the ultimate employee is dissatisfied with the decision of the Board, if the grievance at pertains to a matter of previous formal agreement between the Board and the Association, the employee or the Association may request the appointment of an arbitrator, such request to be made known to the Superintendent of Schools no later than fourteen (14) calendar days after the written decision of the Board is made known. The employee in order to process their grievance for Level Three shall be rendered within twenty4 must have his/her request for such an action accompanied by the written recommendation of the Association.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Levels. a. Level One: A teacher believing himself wronged by an alleged violation of the express provisions of this contract shall within five (15) Level One Principal or Immediate Superior (a) A unit member days after its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve the situation. The teacher shall identify the discussion as involving a grievance or dispute issue. If no resolution is obtained within five (5) days of the discussion, the teacher shall first discuss it with an immediate supervisor or principal, either directly or with reduce the SEA’s Building Grievance Representative, with the objective grievance to writing and proceed within five (5) days of resolving the matter informally. (b) Before proceeding said discussion to Level Two. b. Level Two: A copy of the written grievance shall be filed with the Superintendent or their designated agent as specified in Level One with the endorsement thereon of the approval or disapproval of the Association. Within five (5) days of receipt of the written Level Two grievance, the matter Superintendent or their designated agent shall be presented arrange a meeting with the grievant and/or the designated Association representative at the option of the grievant to discuss the grievance. Within five (5) days of the discussion the Superintendent or their designated agent shall render their decision in writing, transmitting a copy of the same to the Grievance Committee grievant, the Association secretary, the building principal in which the grievance arose, and place a copy of same in a permanent file in their office. i. If no decision is rendered within five (5) days of the SEAdiscussion, which shall decide whether there or the decision is unsatisfactory to the grievant and the Association, the grievant may appeal same to the Board of Education by filing a valid grievancewritten grievance along with the decision of the superintendent with the officer of the Board in charge of drawing up the agenda for the Board's meeting not less than five (5) days prior to the next regular Board meeting scheduled at least ten (10) days after receipt of the superintendent's answer. (c) Where c. Level Three: Upon proper application as specified in Level Two the Grievance Committee rejects Board shall allow the validity teacher or his Association representative an opportunity to be heard at the meeting for which the grievance was scheduled. Within 10 days from the hearing of the grievance, the Board shall render its decision in writing. The Board may hold future hearings therein, may designate one or more of its members to hold future hearings therein or otherwise investigate the grievance, provided however, that in no event except with express written consent of the Association shall final determination of the grievance be made by the Board more than 10 days after the initial hearing. i. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the grievant or grievants decide to proceed to Level Two, any costs incurred by secretary of the grievant or grievants shall be at their own expenseAssociation. (2) d. Level Two Superintendent of SchoolsFour: Individual teachers shall not have the right to process a grievance at Level Four. (a) In i. If the event that such aggrieved unit member Association is not satisfied with the disposition of the grievance at Level Onelevel three, or in the event that no decision has been rendered it may, within ten (10) school days after presentation of the grievance, the aggrieved party may appeal in writing to the Superintendent of Schools through the chairperson of the SEA Grievance Committee within five (5) school days after the decision at Level One or fifteen (15) school days after the grievance was presented, whichever is sooner. (b) The Superintendent shall represent the Administration at this level of the grievance procedure. Within ten (10) school days after receipt of the written grievance by the Superintendent, the Superintendent shall meet with the aggrieved unit member in an effort to resolve it. (c) If a unit member does not file a written grievance to the Superintendent within ninety (90) days after the member of the unit knew, or should have known of, the act or condition on which the grievance is based, then the grievance shall be waived. (d) A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Paragraph D4 of this article. (3) Level Three Board of Education (a) In the event that the aggrieved unit member is not satisfied with the disposition of the grievance at Level Two, or in the event no decision has been rendered within ten (10) school days after he or she has first met with the Superintendent, he or she may file a written grievance, indicating such dissatisfaction, with the chairperson of the SEA Grievance Committee within fifteen (15) school days after he/she has first met with the Superintendent, or within five (5) school days after the decision at Level Two, whichever is sooner. Within five (5) school days after receiving the written grievance, the Chairperson of the SEA Grievance Committee may refer it to the Board. Within ten (10) school days after receiving the written grievance, the Board, or a committee of the Board, shall meet with in writing, request the aggrieved unit member for the purpose appointment of hearing an arbitrator to hear the grievance. HoweverIf both parties cannot agree upon an arbitrator, he/she shall be selected by the ultimate American Arbitration Association in accordance with its rules. ii. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. iii. The decision of the grievance at Level Three arbitrator shall be rendered within twentyfinal and conclusive and binding upon employees, the Board and the Association; and any lawful decision of the arbitrator shall be forthwith placed into effect. iv. The arbitrator:

Appears in 1 contract

Samples: Collective Bargaining Agreement

Levels. (Level 1) Level One Principal or Immediate Superior (a) A unit member with . Any employee who has a grievance or dispute shall first discuss it first with an his/her principal or immediate supervisor or principaldepartment head, either directly or with the SEA’s Building Grievance Representativeif applicable, with the objective of resolving in an attempt to resolve the matter informallyinformally at that level. (b) Before proceeding to Level Two2. If as a result of this discussion, the matter shall be presented is not resolved to the Grievance Committee satisfaction of the SEAemployee within fourteen (14) calendar days, which they may set forth their grievance in writing to their principal on the grievance forms provided (See Schedule B). The principal shall decide whether there is a valid communicate his/her decision to the employee in writing within seven (7) calendar days of receipt of the written grievance. Level 3. The employee, no later than seven (c7) Where the Grievance Committee rejects the validity calendar days after receipt of the grievance and principal's decision, may appeal this decision to the grievant or grievants decide to proceed to Level Two, any costs incurred by the grievant or grievants shall be at their own expense. (2) Level Two Superintendent of Schools (a) In the event that such aggrieved unit member is not satisfied with the disposition of the grievance at Level One, or in the event that no decision has been rendered within ten (10) school days after presentation of the grievance, the aggrieved party may . The appeal in writing to the Superintendent of Schools through must be made in writing stating the chairperson of grievance to the SEA Grievance Committee within five (5) school days after principal and the employee's dissatisfaction with the decision at previously rendered. The Superintendent of Schools shall attempt to resolve the matter as quickly as possible but within a period not to exceed twenty-one (21) calendar days. The Superintendent of Schools shall communicate his/her decision in writing to the employee and the principal. (See Schedule B) Level One or fifteen (15) school days after 4. If the grievance was presentedis not resolved to the employee's satisfaction, whichever is sooner. he/she may no later than seven (b7) The Superintendent shall represent the Administration at this level of the grievance procedure. Within ten (10) school calendar days after receipt of the written grievance decision of the Superintendent of Schools, request a review by the Superintendent, Board. The request shall be submitted in writing through the Superintendent of Schools who shall meet with attach all related papers and forward the aggrieved unit member in an effort to resolve it. request within seven (c7) If a unit member does not file a written grievance to the Superintendent within ninety (90) calendar days after the member of the unit knew, or should have known of, the act or condition on which the grievance is based, then the grievance shall be waived. (d) A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Paragraph D4 of this article. (3) Level Three Board of Education (a) In the event that the aggrieved unit member is not satisfied with the disposition of the grievance at Level Two, or in the event no decision has been rendered within ten (10) school days after he or she has first met with the Superintendent, he or she may file a written grievance, indicating such dissatisfaction, with the chairperson of the SEA Grievance Committee within fifteen (15) school days after he/she has first met with the Superintendent, or within five (5) school days after the decision at Level Two, whichever is sooner. Within five (5) school days after receiving the written grievance, the Chairperson of the SEA Grievance Committee may refer it to the Board. Within ten (10) school days after receiving The Board shall review the written grievancegrievance and shall, at the Board, or a committee option of the Board, shall meet hold a hearing with the aggrieved unit member for employee and render a written decision in any case within thirty (30) calendar days of receipt of said grievance by the purpose Board or within twenty (20) calendar days of the date of hearing with the grievanceemployee, whichever comes later. However, (See Schedule B) Level 5. If the ultimate employee is dissatisfied with the decision of the Board, if the grievance at Level Three shall pertains to a matter of previous formal agreement between the Board and the Association, the employee or the Association may request the appointment of an arbitrator, such request to be rendered within twentymade known to the Superintendent of Schools no later than fourteen (14) calendar days after the written decision of the Board is made known. The employee, in order to process their grievance for Xxxxx 0, must have his/her request for such an action accompanied by the written recommendation of the Association.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Levels. (1) Level One Principal or Immediate Superior (a) A unit member with Any employee who has a grievance or dispute shall first discuss it first with an his/her principal or immediate supervisor or principal, either directly or with the SEA’s Building Grievance Representative, with the objective of resolving in an attempt to resolve the matter informally. (b) Before proceeding to Level Two. If, as a result of this discussion, the matter shall be presented is not resolved to the Grievance Committee satisfaction of the SEAemployee within five (5) school days, which they may set forth their grievance in writing to their principal or immediate supervisor on the grievance forms provided. This writing must include the following: the nature of the grievance; the specific contract provision violated; the identity of the grievant(s); the nature and extent of the injury or loss suffered; and the precise remedy sought. The principal or immediate supervisor shall decide whether there is a valid communicate his/her decision to the employee in writing within three (3) days of receipt of the written grievance. (c) Where the Grievance Committee rejects the validity of the grievance and the grievant or grievants decide to proceed to Level Two1. The employee, any costs incurred by the grievant or grievants shall be at their own expense. (2) Level Two Superintendent of Schools (a) In the event that such aggrieved unit member is not satisfied with the disposition of the grievance at Level One, or in the event that no decision has been rendered within ten (10) school days after presentation of the grievance, the aggrieved party may appeal in writing to the Superintendent of Schools through the chairperson of the SEA Grievance Committee within later than five (5) school days after receipt of the decision at Level One 1, may appeal this decision to the Superintendent of Schools or fifteen (15) school days after the grievance was presentedBoard, whichever is sooner. (b) The Superintendent shall represent the Administration at this level appropriate. This appeal must be made in writing, including all of the grievance procedure. Within ten information described in Level 1 (10above) school days after receipt of and stating the written grievance by the Superintendent, the Superintendent shall meet employee's dissatisfaction with the aggrieved unit member in an effort to resolve it. (c) decision previously rendered. If a unit member does not file a written grievance the appeal is to the Superintendent within ninety (90) days after the member of the unit knew, or should have known of, the act or condition on which the grievance is based, then the grievance shall be waived. (d) A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Paragraph D4 of this article. (3) Level Three Board of Education (a) In the event that the aggrieved unit member is not satisfied with the disposition of the grievance at Level Two, or in the event no decision has been rendered within ten (10) school days after he or she has first met with the SuperintendentSchools, he or she may file shall attempt to resolve the matter as quickly as possible but within a written grievance, indicating such dissatisfaction, with the chairperson of the SEA Grievance Committee within fifteen (15) school days after he/she has first met with the Superintendent, or within period not to exceed five (5) school days after days. The Superintendent of Schools shall communicate his/her decision in writing to the decision at Level Twoemployee and the immediate supervisor. 2. If the appeal is to the Board of Education, whichever is sooner. Within five the request shall be submitted in writing through the Superintendent of Schools who shall attach all related papers and forward the request within seven (57) school days after receiving the written grievance, the Chairperson of the SEA Grievance Committee may refer it to the Board. Within ten (10) school days after receiving In order to process a grievance to the Board, the employee must have his/her request for such an action accompanied by the written grievance, recommendation of the Association. The Board, or a committee thereof, shall review the grievance and shall, at its option, hold a hearing with the employee. The Board shall render a written decision within thirty-five (35) days of receipt of said grievance by the Board or the date of the Board, shall meet hearing with the aggrieved unit member employee, whichever comes later. An Administrator, in order to process his/her grievance beyond Level 3, must have his/her request for such action accompanied by the purpose of hearing written recommendation for such action by the grievanceAssociation. However, If the ultimate employee is dissatisfied with the decision of the Board and if the grievance at Level Three shall pertains to a matter of previous formal agreement between the Board and the Association, the Association may request the appointment of an arbitrator, such request to be rendered within twentymade known to the Superintendent of Schools no later than two (2) weeks after the decision, in writing, or two (2) weeks after the decision deadline if no decision has been rendered.

Appears in 1 contract

Samples: Employment Agreement

Levels. (1Level Participants Process Conference Timing Resolution Deadline One  Employee(s) Level One and HEA Representative if requested  Principal and Immediate Supervisor if requested The grievant shall submit the employee grievance form within 20 days after the occurrence of the event or Immediate Superior (a) A unit member with a grievance or dispute shall first discuss it with an immediate supervisor or principalafter the grievant becomes aware of such event. During the discussion the aggrieved person, either directly or with through the SEA’s Building Grievance Representative, with HEA's representative shall seek to resolve the objective matter. Conference is held within seven days of resolving the matter informally. (b) Before proceeding to Level Two, the matter shall be presented to the Grievance Committee of the SEA, which shall decide whether there is a valid grievance. (c) Where the Grievance Committee rejects the validity of receiving the grievance form. Seven days following the conference Two  Employee(s) and the grievant HEA Representative if requested  Superintendent or grievants decide to proceed to Level Two, any costs incurred by the grievant or grievants shall be at their own expense. (2) Level Two Superintendent of Schools (a) designee In the event that such aggrieved unit member the grievant is not satisfied with the disposition of the his/her grievance at Level Onelevel one, or in the event that no decision has been rendered is reached within seven days he/she may appeal the matter to the superintendent. Conference is held within ten (10) school days after presentation of the grievance, the aggrieved party may appeal in writing to the Superintendent of Schools through the chairperson of the SEA Grievance Committee within five (5) school days after the decision at Level One or fifteen (15) school days after receiving the grievance was presented, whichever is sooner. (bform. Ten days following the conference Three  Employee(s) The and HEA Representative if requested  Superintendent shall represent the Administration at this level of the grievance procedure. Within ten (10) school days after receipt of the written grievance by the Superintendent, the Superintendent shall meet with the aggrieved unit member in an effort to resolve it. (c) If a unit member does not file a written grievance to the Superintendent within ninety (90) days after the member of the unit knew, or should have known of, the act or condition on which the grievance is based, then the grievance shall be waived. (d) A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Paragraph D4 of this article. (3) Level Three Board of Education (a) designee  Federal Mediation & Conciliation Service In the event that the aggrieved unit member grievant is not satisfied with the disposition of the his/her grievance at Level Twolevel two, or in the event that no decision has been rendered is reached within ten (10) school days after he or she has first met with the Superintendent, he or she may file a written grievance, indicating such dissatisfaction, with the chairperson of the SEA Grievance Committee within fifteen (15) school days after he/she has first met may appeal the matter for mediation to the Federal Mediation and Conciliation Service (000) 000-0000. Conference is held within twenty days of receiving the grievance form. Ten days following the conference Four  Employee(s) and HEA Representative if requested  Superintendent or designee  Board of Education In the event that the grievant is not satisfied with the Superintendentdisposition of his/her grievance at level three, or in the event that no decision is reached within five (5) school ten days after he/she may appeal the decision at Level Two, whichever matter to the Board of Education. Conference is sooner. Within five (5) school held within thirty days after of receiving the written grievance, grievance form. Twenty days following the Chairperson of the SEA Grievance Committee may refer it to the Board. Within ten (10) school days after receiving the written grievance, the Board, or a committee of the Board, shall meet with the aggrieved unit member for the purpose of hearing the grievance. However, the ultimate decision of the grievance at Level Three shall be rendered within twentyconference * See Note

Appears in 1 contract

Samples: Collective Bargaining Agreement

Levels. (1) Level One Principal or Immediate Superior (a) A unit member with Any employee who has a grievance or dispute shall first discuss it first with an his/her principal or immediate supervisor or principal, either directly or with the SEA’s Building Grievance Representative, with the objective of resolving in an attempt to resolve the matter informally. (b) Before proceeding to Level Two. If, as a result of this discussion, the matter shall be presented is not resolved to the Grievance Committee satisfaction of the SEAemployee within five (5) school days, which they may set forth their grievance in writing to their principal or immediate supervisor on the grievance forms provided. This writing must include the following: the nature of the grievance; the specific contract provision violated; the identity of the grievant(s); the nature and extent of the injury or loss suffered; and the precise remedy sought. The principal or immediate supervisor shall decide whether there is a valid communicate his/her decision to the employee in writing within three (3) days of receipt of the written grievance. (c) Where the Grievance Committee rejects the validity of the grievance and the grievant or grievants decide to proceed to Level Two1. The employee, any costs incurred by the grievant or grievants shall be at their own expense. (2) Level Two Superintendent of Schools (a) In the event that such aggrieved unit member is not satisfied with the disposition of the grievance at Level One, or in the event that no decision has been rendered within ten (10) school days after presentation of the grievance, the aggrieved party may appeal in writing to the Superintendent of Schools through the chairperson of the SEA Grievance Committee within later than five (5) school days after receipt of the decision at Level One Xxxxx 0, may appeal this decision to the Superintendent of Schools or fifteen (15) school days after the grievance was presentedBoard, whichever is sooner. (b) The Superintendent shall represent the Administration at this level appropriate. This appeal must be made in writing, including all of the grievance procedure. Within ten information described in Xxxxx 0 (10xxxxx) school days after receipt of and stating the written grievance by the Superintendent, the Superintendent shall meet employee's dissatisfaction with the aggrieved unit member in an effort to resolve it. (c) decision previously rendered. If a unit member does not file a written grievance the appeal is to the Superintendent within ninety (90) days after the member of the unit knew, or should have known of, the act or condition on which the grievance is based, then the grievance shall be waived. (d) A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Paragraph D4 of this article. (3) Level Three Board of Education (a) In the event that the aggrieved unit member is not satisfied with the disposition of the grievance at Level Two, or in the event no decision has been rendered within ten (10) school days after he or she has first met with the SuperintendentSchools, he or she may file shall attempt to resolve the matter as quickly as possible but within a written grievance, indicating such dissatisfaction, with the chairperson of the SEA Grievance Committee within fifteen (15) school days after he/she has first met with the Superintendent, or within period not to exceed five (5) school days after days. The Superintendent of Schools shall communicate his/her decision in writing to the decision at Level Twoemployee and the immediate supervisor. 2. If the appeal is to the Board of Education, whichever is sooner. Within five the request shall be submitted in writing thought the Superintendent of Schools who shall attach all related papers and forward the request within seven (57) school days after receiving the written grievance, the Chairperson of the SEA Grievance Committee may refer it to the Board. Within ten (10) school days after receiving In order to process a grievance to the Board, the employee must have his/her request for such an action accompanied by the written grievance, recommendation of the Association. The Board, or a committee thereof, shall review the grievance and shall, at its option, hold a hearing with the employee. The Board shall render a written decision within thirty-five (35) days of receipt of said grievance by the Board or the date of the Board, shall meet hearing with the aggrieved unit member employee, whichever comes later. An Administrator, in order to process his/her grievance beyond Xxxxx 0, must have his/her request for such action accompanied by the purpose of hearing written recommendation for such action by the grievanceAssociation. However, If the ultimate employee is dissatisfied with the decision of the Board and if the grievance at Level Three shall pertains to a matter of previous formal agreement between the Board and the Association, the Association may request the appointment of an arbitrator, such request to be rendered within twentymade known to the Superintendent of Schools no later than two (2) weeks after the decision, in writing, or two (2) weeks after the decision deadline if no decision has been rendered.

Appears in 1 contract

Samples: Employment Agreement

Levels. a. Level One - Principal. (1) Level One Principal or Immediate Superior (a) A unit member with Any teacher who has a grievance or dispute grievance, shall first discuss it first with an their immediate supervisor or building principal, either directly or with the SEA’s Building Grievance Representativeif applicable, with the objective of resolving in an attempt to resolve the matter informally. (b) Before proceeding to informally at that level. The teacher shall state at the meeting that this is Level Two, the matter shall be presented to the Grievance Committee of the SEA, which shall decide whether there is a valid grievance. (c) Where the Grievance Committee rejects the validity One of the grievance and the grievant or grievants decide to proceed to Level Two, any costs incurred by the grievant or grievants shall be at their own expenseprocess. (2) Level Two Superintendent If, as a result of Schoolsthe discussion, the matter is not resolved to the satisfaction of the teacher within five (5) school days, they shall set forth their grievance in writing to the principal specifying: (a) In the event that such aggrieved unit member is not satisfied with the disposition 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) their dissatisfaction with decisions previously rendered. The principal shall communicate their decision to the teacher in writing within three (3) school days of receipt of the written grievance. Grievances arising out of decisions made by the Superintendent or the School Board may bypass Level One and be submitted initially at Level OneTwo. b. Level Two - Superintendent. The teacher, or in the event that no decision has been rendered within ten later than five (105) school days after presentation receipt of the grievanceprincipal's decision, the aggrieved party 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 their dissatisfaction with decisions previously rendered. The Superintendent shall meet with the teacher 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 their decision in writing to the Superintendent of Schools through teacher, the chairperson of principal, and the SEA Grievance Committee immediate superior or department head, if applicable, within five (5) school days. c. Level Three - School Board or Arbitration. If the grievance is not resolved to the grievant's satisfaction at Level Two, they may either request a review by the Board or request that the Association submit the issue to arbitration. Arbitration shall be advisory only. (1) IF THEY SUBMIT THE ISSUE FOR REVIEW BY THE BOARD, THE FOLLOWING PROCEDURE SHALL BE FOLLOWED: a. Such requests must be made within five (5) school days after the decision at Level One or fifteen (15) school days after the grievance was presented, whichever is sooner. (b) The Superintendent shall represent the Administration at this level of the grievance procedure. Within ten (10) school days after receipt of the written grievance by the Superintendent, the Superintendent shall meet with the aggrieved unit member in an effort to resolve it. (c) If a unit member does not file a written grievance to the Superintendent within ninety (90) days after the member of the unit knew, or should have known of, the act or condition on which the grievance is based, then the grievance shall be waived. (d) A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Paragraph D4 of this article. (3) Level Three Board of Education (a) In the event that the aggrieved unit member is not satisfied with the disposition of the grievance 's decision at Level Two, or and shall be submitted in writing through the event no Superintendent, who shall attach all related papers and forward the request to the Board. b. 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 has been rendered 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. (2) IF THEY SUBMIT THE ISSUE TO ADVISORY ARBITRATION, THE FOLLOWING PROCEDURE SHALL BE FOLLOWED: a. They 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 after he or she has first met with the Superintendent, he or she may file a written grievance, indicating such dissatisfaction, with the chairperson of receipt of the SEA Grievance Committee within fifteen (15) school days after he/she has first met with grievant's request. The Parties will then initiate a request for arbitration pursuant to the Superintendentrules of the American Arbitration Association, or 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 after of receipt of the Association's decision at Level Two, whichever submit the grievance to the School Board for hearing as outlined above. b. The Parties will then attempt to agree upon a mutually satisfactory third party to serve as an arbitrator. If no agreement is sooner. Within reached within five (5) school 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. c. The arbitrator shall limit themselves to the issues submitted to them and shall consider nothing else. They shall be bound by and must comply with all of the terms of this Agreement. They shall have no power to add to, delete from, or modify in any way, any of the provisions of this Agreement. d. The Board, the aggrieved, and the Association shall receive copies of the arbitrator's report. This shall be accomplished within thirty (30) calendar days after receiving of the written completion of the arbitrator's hearing. After due consideration of the arbitrator's advisory recommendations for settlement of a grievance, the Chairperson 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 SEA Grievance Committee may refer it to the Board. Within ten (10) school days after receiving the written grievanceopinion, the School Board, or a committee 's non- action shall be deemed to be acceptance of the Boardarbitrator's report, and that report shall meet with the aggrieved unit member then become binding. e. The costs for the purpose of hearing the grievance. However, the ultimate decision services of the grievance at Level Three arbitrator, including per diem expenses, if any, actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be rendered within twentyborne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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