Grievance Steps Prior to initiating a formal written grievance pursuant to this Article, an employee or PEF is encouraged to resolve disputes subject to this Article informally with the appropriate immediate supervisor.
(a) Step One: The employee or PEF shall present the grievance to the facility or institution head or a designated representative not later than 30 calendar days after the date on which the act or omission giving rise to the grievance occurred. The facility or institution head or designated representative shall meet with the employee or PEF and shall issue a short plain written statement of reasons for the decision to the employee or PEF not later than 20 working days following the receipt of the grievance.
(b) Step Two: An appeal from an unsatisfactory decision at Step 1 shall be filed by the employee or PEF, on forms to be provided by the State, with the agency or department head or the designee within 10 working days of the receipt of the Step 1 decision. Such appeal shall be in writing and shall include a copy of the grievance filed at Step 1, a copy of the Step 1 decision and a short plain written statement of the reasons for disagreement with the Step 1 decision. The agency or department head or a designee shall meet with the employee or PEF for a review of the grievance and shall issue a short, plain written statement of reasons for the decision to the employee and to the President of PEF or the President’s designee no later than 20 working days following receipt of the Step 1 appeal.
(c) Step Three: An appeal from an unsatisfactory decision at Step 2 shall be filed by PEF through its President or the President’s designee, on forms to be provided by the State with the Director of the Governor’s Office of Employee Relations, or the Director’s designee, within 30 working days of the receipt of the Step 2 decision. Such appeal shall be in writing, and shall include a copy of the grievance filed at Step 1, and a copy of all prior decisions and appeals, and a short, plain written statement of the reasons for disagreement with the Step 2 decision. The Director of the Governor’s Office of Employee Relations, or the Director’s designee, shall issue a short, plain written statement of reasons for the decision within 30 working days after receipt of the appeal. A copy of said written decision shall be forwarded to the President of PEF, or the President’s designee.
(d) Step Four: Arbitration:
(1) Contract grievances which are appealable to arbitration pursuant to the terms of this Article may be appealed to arbitration by PEF, by its President or the President’s designee, by filing a demand for arbitration upon the Director of the Governor’s Office of Employee Relations within 15 working days of the receipt of the Step 3 decision. If the Step 3 decision has not been issued within the time period for the issuance of such decision, a demand for arbitration may be filed by the President of PEF or the President’s designee at any time after expiration of the time period established for the issuance of the Step 3 decision, except that in no case may a demand for arbitration be filed later than 15 working days after receipt of the Step 3 decision.
(2) The demand for arbitration shall identify the grievance, the department or agency involved, the employee or employees involved, and the specific term or provision of the Agreement alleged to have been violated.
(3) Within a reasonable time after the effective date of this Agreement, the Director of the Governor’s Office of Employee Relations and the President of PEF, or their designees, shall meet to agree upon a panel of arbitrators selected from lists submitted by the parties. The composition of the panel of arbitrators shall be agreed to by the State and PEF and such panel shall serve for the term of this Agreement. After receipt of the demand for arbitration, the parties shall meet to select an arbitrator from this panel. The essential method of selection of the arbitrator for a particular case shall be by agreement and, if the parties are unable to agree, the arbitrator shall be assigned from this panel on a rotating basis. Initial assignment for rotation shall be determined by lot.
(4) Arbitrators shall have no power to add to, subtract from or modify the terms or provisions of this Agreement. They shall confine their decision and award solely to the application and/or interpretation of this Agreement. The decision and award of the arbitrator shall be final and binding consistent with the provisions of CPLR Article 75.
(5) Arbitrators shall confine themselves to the precise issue or issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them nor shall they make observations or declarations of opinion which are not essential in reaching the determination.
(6) All fees and expenses of the arbitrator shall be divided equally between parties. Each party shall bear the cost of preparing and presenting its own case.
(7) Any party requesting a transcript at an arbitration hearing may provide for one at its expense and, in such event, shall provide a copy to the arbitrator and the other party without cost.
(a) The arbitration hearing shall be held within 60 working days after receipt of the demand for arbitration or as soon thereafter as is practicable.
(b) The arbitration decision and award shall be issued within 30 calendar days after the hearing is closed by the arbitrator.
Group Grievance Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing signed by each employee who is grieving to the Administrator or her designate within ten (10) days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 1 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance.
Policy Grievance – Union Grievance The Union may institute a grievance alleging a general misinterpretation or violation of this Agreement by the Employer by submitting a written grievance at Step No. 1 within twenty (20) days after the circumstances have occurred. This section shall not apply to disciplinary grievances or application of competitive clauses under this Agreement.
Statement of Grievance The grievance shall contain a statement of:
1. Specific situation, act or acts complained of as violation of this Agreement, or written rules, regulations or policies;
2. The damage suffered by the employee; and
3. The relief sought.
Personal Grievances A personal grievance is a particular type of employment relationship problem that normally must be raised with the employer within 90 days of the grievance arising. An employee may have a personal grievance where: • They have been dismissed without good reason, or the dismissal was not carried out properly. • They have been treated unfairly. • Their employment or a condition of their employment has been affected to their disadvantage by an unjustified action of their employer. • They have experienced sexual or racial harassment, or have been discriminated against because of their involvement in a union or other employee organisation, or have suffered duress over membership or non-membership of a union or other employee organisation. • They have been discriminated against in terms of the prohibited grounds of discrimination under the Human Rights Act 1993.
PROFESSIONAL GRIEVANCE PROCEDURE A. Any claim by the Association or a teacher that there has been a violation, misinterpretation, or misapplication of the terms of the Agreement or violation of any established policy shall be a grievance and shall be resolved through the procedure set forth herein.
B. In the event that a teacher, or the Association believes there is a basis for a grievance, the teacher or representative of the Association within thirty (30) working days of the time the teacher knew of the circumstances giving rise to the grievance, shall first discuss the alleged grievance with the building principal either personally or accompanied by the Association Representative. The grievance process may begin at the Superintendent’s level when the building principal is not involved with an alleged incident.
C. If, as a result of the informal discussion with the building principal, a grievance still exists, the teacher or representative of the Association may, within ten (10) working days, invoke the formal grievance procedure through the Association on the grievance report form, signed by the grievant and a representative of the Association. Said form shall be available from the Association Representative in each building. A copy of the grievance form shall be delivered to the building principal, it may be filed with the Superintendent or a representative designated by him.
D. Within five (5) working days of receipt of the grievance the principal shall meet with the Association in an effort to resolve the grievance. The principal shall indicate his/her disposition of the grievance in writing within five (5) working days of such meeting and shall furnish a copy thereof to the Association. If the Association desires to proceed to the next step, it shall do so within fifteen (15) calendar days of the principal’s disposition.
E. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) working days of such meeting (or ten [10] working days from the date of filing, whichever shall be later) the grievance shall be transmitted to the Superintendent. Within seven (7) working days the Superintendent or his/her designee, shall meet with the Association concerning the grievance and shall indicate his/her disposition of the grievance in writing within five (5) working days of such meeting, and shall furnish a copy thereof to the Association.
F. If the Association is not satisfied with the disposition of the superintendent, or if no disposition has been received within five (5) working days of such meeting the Association may proceed to a Board Level Hearing. This grievance hearing shall be heard in closed session, so long as it does not violate the open meetings act. If the grievance is not settled at the preceding step, it may be submitted to binding arbitration. Within fifteen (15) working days of the receipt of the Superintendent’s answer, the party choosing to arbitrate must give written notice to the other party, setting forth specifically the nature of the dispute to be arbitrated. The charging party shall file a Demand for Arbitration with the American Arbitration Association within fifteen (15) days from the notification date that arbitration will be pursued. The arbitrator shall be selected by the American Arbitration Association in accordance with its rules, which shall likewise govern the arbitration proceedings.
G. The arbitrator shall have no power to rule on any of the following:
1. The termination of services of or failure to re-employ any probationary teacher.
2. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including any matter subject to the procedures specified in the Teacher’s Tenure Act (Act IV Public Acts, Extra Session of 1937 of Michigan, as amended).
3. Any matter involving the content of a teacher evaluation.
H. The Board and the Association shall not be permitted to assert in such arbitration proceedings any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the decision of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
I. The fees and expense of the arbitrator shall be shared equally by both parties.
J. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
Grievance Policy While Acacia University endeavors to maintain a congenial and responsive atmosphere for its students conducive with its educational purposes, it recognizes that from time to time, misunderstandings and disagreements may arise during the course of a student’s enrollment. In response to this situation, Acacia University has established procedures to resolve problems and ensure fair adjudication of student rights. Initially, disagreements, complaints, misunderstandings, and grievances can be resolved by the University by using informal discussion, exchanges, persuasion, and other informal procedures. It is the intent of this policy to maximize these informal procedures so long as such measures prove effective. The formal procedure provisions of this policy should be set in motion only when the informal procedures prove to be or manifestly will be ineffective. It is expected that the great majority of cases will continue to be handled in accordance with informal procedures. If a student feels that he or she has been treated unfairly or unjustly by an employee, online mentor, instructor, or professor with regard to an academic process such as grading, testing, or assignments, the student must submit a written statement of the grievance, including the allegation; all relevant names and dates, a brief description of the actions forming the basis of the complaint; and copies of any available documents or materials that support the allegations, to the Office of Student Affairs (xxxxxxxxxxxxxx@xxxxxx.xxx), who is the final authority on all academic matters. If a student has a grievance on the basis of race, color, gender, religion, age, marital status, national origin, physical disability, veteran’s status, any other basis prohibited by applicable US federal, state, or local laws or any other matter, the student must submit a written statement, including the allegation; all relevant names and dates, a brief description of the actions forming the basis of the complaint; and copies of any available documents or materials that support the allegations, to the Office of Student Affairs (xxxxxxxxxxxxxx@xxxxxx.xxx). The student’s grievance will be assessed within 30 days. If the complaint cannot be resolved after exhausting the institution’s grievance procedure, the student may file a complaint with the Arizona State Board for Private Postsecondary Education. The student must contact the State Board for further details. The State Board address is: 0000 X. Xxxxx, Ste. 3008 Phoenix, AZ 85007 Direct Line (000) 000-0000 Fax (000) 000-0000 Website: xxx.xxxxxx.xxx Students who are or were students of Acacia University and who believe that the school, or anyone representing the school, has acted unlawfully, have the right to file a complaint with the accrediting commission: Distance Education Accrediting Commission (DEAC) 0000 00xx Xxxxxx XX, Xxxxx 000 Washington, DC 20036 Website: xxx.xxxx.xxx DEAC has an “Online Complaint System” that enables individuals to file a complaint directly from the DEAC website. The complaint form may be found at xxx.xxxx.xxx (select “Contact Us” and select the link in the left-hand column). All complaints should be submitted using this form. For those who cannot access the Internet, written complaints will be accepted provided they include the complainant’s name and contact information and a release from the complainant(s) authorizing the Commission to forward a copy of the complaint, including identification of the complainant(s) to the institution. Where circumstances warrant, the complainant may remain anonymous to the institution, but all identifying information must be given to DEAC. Written complaints must contain the following: the basis of any allegation of noncompliance with DEAC standards and policies; all relevant names and dates and a brief description of the actions forming the basis of the complaint; copies of any available documents or materials that support the allegations; a release authorizing the Commission to forward a copy of the complaint, including identification of the complaint(s) to the institution. In cases of anonymous complaints or where the complainant requests for his/her name to be kept confidential, the Commission considers how to proceed and whether the anonymous complaint sets forth reasonable and credible information that an institution may be in violation of the Commission’s standards and whether the complainant’s identity is not necessary to investigate.
Submission of Grievance Information a. Upon appointment of the arbitrator, the appealing party shall, within five (5) days after notice of appointment, forward to the arbitrator, with a copy to the School Board, the submission of the grievance which shall include the following:
1. The issues involved.
2. Statement of the facts.
3. Position of the grievant.
4. The written documents relating to Section 5 of the grievance procedure.
CENTRAL GRIEVANCE PROCESS The following process pertains exclusively to grievances on central matters that have been referred to the central process. In accordance with the School Boards Collective Bargaining Act central matters may also be grieved locally, in which case local grievance processes will apply.
Individual Grievance Subject to clause 19.5 and as provided in section 208 of the PSLRA, an employee is entitled to present a grievance in the manner prescribed in clause 19.10 if the employee feels aggrieved
(a) by the interpretation or application in respect of the employee, of
(i) a provision of a statute or regulation, or a by-law, direction or other instrument made or issued by the Council, dealing with terms and conditions of employment; or
(ii) a provision of a collective agreement or an arbitral award; or
(b) as a result of any other occurrence or matter affecting the employee’s terms and conditions of employment.
