Common use of Other Provisions Relating to the Grievance Procedure Clause in Contracts

Other Provisions Relating to the Grievance Procedure. A. At his/her option, a teacher may bypass Step One of this procedure. B. No reprisal of any kind shall be taken by or against any participant in the grievance procedure by reason of such participation. C. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel file of the participant(s) and are not valid basis for evaluations. D. Time limits herein may be extended only by mutual agreement, signed by the parties. E. Time limits herein apply to teachers on leave of absence, other than sick leave, as if such teacher were present and working. F. All steps of the grievance procedure shall be conducted during non-regular work hours, or changed by mutual consent. G. If there is a failure at any step to communicate the decision on a grievance within the specified time limit, the grievant shall then have the right to appeal at the next step of the procedure. H. Any grievance not advanced from one step to the next within the time limits shall be deemed resolved by the answer at the previous step. I. Any grievance which arose prior to the effective date of this agreement or after the termination date of this agreement shall not be processed. X. Xx non-tenure teacher may use the grievance procedure in any way to appeal discharge or a decision by the Board not to renew such teacher's contract. X. No tenure teacher shall use the grievance procedure to dispute any action by the Board which is in accordance with the state tenure laws. L. No teacher shall use the grievance procedure to appeal any decision of the Board or administration if such decision is pursuant to any order of or written agreement with any state or federal regulatory commission or agency. In the event the School Corporation comes under any court order or conciliation agreement with any state or federal regulatory commission or agency the carrying out of which would affect the terms of this agreement, the parties agree to negotiate in regard to such terms within the scope of the conciliation agreement or order. M. The association shall discourage any attempt of its members to appeal to any court or labor board from a decision of an arbitrator.

Other Provisions Relating to the Grievance Procedure. A. At his/her option1. The Board and the Association agree that neither party shall be permitted to assert in such arbitration proceeding any grounds or to rely on any evidence not previously disclosed to the other party. 2. The cost of the arbitrator under this Article shall be divided equally between the Board and the Association. 3. No act of recrimination, may be taken against the grievant by the administration or any agent of the governing body because of the grievant’s decision to file a teacher may bypass Step One grievance, including providing a prospective employer with any information regarding the grievance process. 4. The grievance shall (1) name the employee involved, (2) state the facts giving rise to the grievance, (3) identify the specific provisions of this procedureAgreement alleged to be violated, (4) state the contention of the grievant with respect to the grievance and, (5) indicate the specific relief requested, as provided on the grievance form, Appendix C. 5. Hearings shall be conducted at a time and place, which will afford a fair and reasonable opportunity for all persons, including witness, entitled to be present to attend. Hearings shall be conducted during non- teaching hours, unless there is mutual agreement for other arrangements. B. No reprisal of any kind shall be taken by or against any participant in the grievance procedure by reason of such participation. C. 6. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel personal file of the participant(s) participant and are not valid basis bases for evaluationsevaluations or consideration of awarding any professional advantage to such a teacher. D. Time limits herein may be extended only by mutual agreement, signed by 7. In the parties. E. Time limits herein apply to teachers on leave of absence, other than sick leave, event a grievance is filed so that sufficient time as if such teacher were present and working. F. All indicated under all steps of the procedure cannot be provided before the last day of the school term and should it be necessary to pursue the grievance to all steps of the appeals, then said grievance shall be resolved under the terms of this Agreement and this Article, and not under succeeding Agreement. 8. No grievant, witness, or representative to the grievant who is employed by the corporation shall incur loss of salary as a direct result of participating in the grievance procedure during regular school hours. 9. Nothing contained herein shall be conducted during deny to any employee rights under state or Federal Constitutions and Laws. 10. No non-regular work hours, or changed by mutual consent. G. If there is a failure at any step to communicate the decision on a grievance within the specified time limit, the grievant shall then have the right to appeal at the next step of the procedure. H. Any grievance not advanced from one step to the next within the time limits shall be deemed resolved by the answer at the previous step. I. Any grievance which arose prior to the effective date of this agreement or after the termination date of this agreement shall not be processed. X. Xx non-tenure teacher permanent employee may use the grievance procedure in any way to appeal discharge or a decision by the Board governing body not to renew such teacher's employee’s contract, except as such dismissal or non-renewal relates to this Agreement. X. 11. No tenure teacher permanent or semi-permanent employee shall use the grievance procedure to dispute any action by the Board governing body which is in accordance with the state tenure lawsState Tenure Laws. L. 12. No teacher employee shall use the grievance procedure to appeal any decision of the Board governing body or administration if such decision is pursuant to any order of or a written agreement with any state State or federal regulatory commission Federal Regulatory Commission or agencyAgency. In the event the School Corporation comes under any court order or conciliation agreement with any state or federal regulatory commission or agency the carrying out of which would affect the terms of this agreement, the parties agree 9.000 The Base Salary is $35,000. The Salary Range for 2020-2021 is $35,000 to negotiate in regard to such terms within the scope of the conciliation agreement or order$60,000 plus Teacher Retirement Fund. M. The association shall discourage any attempt of its members to appeal to any court or labor board from a decision of an arbitrator.

Other Provisions Relating to the Grievance Procedure. A. At his/her option1. No act of recrimination may be taken against the grievant by the administration or any agent of the Board because of the grievant’s decision to file a grievance, including providing a teacher may bypass Step One of this prospective employer with any information regarding the grievance procedure. B. No reprisal 2. The grievance shall (1) name the employee involved, (2) state the facts giving rise to the grievance, (3) identify the specific provisions of any kind this Contract alleged to be violated, (4) state the contention of the grievant with respect to the grievance and, (5) indicate the specific relief requested, as provided on the grievance form, Appendix D. 3. Hearings shall be taken by or against any participant in the grievance procedure by reason of such participationconducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Hearings shall be conducted during non-teaching hours, unless there is mutual agreement for other arrangements. C. 4. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel file of the participant(s) participant and are not valid basis bases for evaluationsevaluations or consideration of awarding any professional advantage to such a teacher. D. Time limits herein may be extended only by mutual agreement, signed by 5. In the parties. E. Time limits herein apply to teachers on leave of absence, other than sick leave, event a grievance is filed so that sufficient time as if such teacher were present and working. F. All indicated under all steps of the procedure cannot be provided before the last day of the school term and should it be necessary to pursue the grievance procedure to all steps of the appeals, then said grievance shall be conducted during non-regular work hoursresolved under the terms of this Contract and this Article, and not under the succeeding Contract. 6. No grievant, witness, or changed by mutual consent. G. If there is a failure at any step representative to communicate the decision on a grievance within the specified time limit, the grievant shall then have the right to appeal at the next step of the procedure. H. Any grievance not advanced from one step to the next within the time limits shall be deemed resolved who is employed by the answer at the previous step. I. Any grievance which arose prior to the effective date corporation shall incur loss of this agreement or after the termination date salary as a direct result of this agreement shall not be processed. X. Xx non-tenure teacher may use participating in the grievance procedure in any way to appeal discharge or a decision by the Board not to renew such teacher's contractduring regular school hours. X. No tenure teacher 7. Nothing contained herein shall use the grievance procedure deny to dispute any action by the Board which is in accordance with the state tenure employee rights under State or Federal Constitutions and laws. L. 8. No teacher employee shall use the grievance procedure to appeal any decision of the Board or administration if such decision is pursuant to any order of or written agreement with any state State or federal regulatory commission Federal Regulatory Commission or agencyAgency. 9. In Should a grievance be filed which has as its cause an act or decision made by the event the School Corporation comes under any court order Superintendent or conciliation agreement with any state or federal regulatory commission or agency the carrying out of which would affect the terms of this agreementBoard, the parties agree to negotiate in regard to such terms within the scope of the conciliation agreement or ordergrievant(s) may bypass level one. M. The association shall discourage any attempt of its members to appeal to any court or labor board from a decision of an arbitrator.

Other Provisions Relating to the Grievance Procedure. A. At his(cont’d) E. Nothing in this agreement shall prevent the SEIU/her option, a teacher may bypass Step One of this procedure. B. No reprisal of any kind shall be taken FPSU or an individual grievant who is not represented by or against any participant in SEIU/FPSU from withdrawing the grievance procedure by reason of such participation. C. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel file of the participant(s) and are not valid basis for evaluations. D. Time limits herein may be extended only by mutual agreement, signed by the parties. E. Time limits herein apply to teachers on leave of absence, other than sick leave, as if such teacher were present and working. F. All steps of the grievance procedure shall be conducted during non-regular work hours, or changed by mutual consent. G. If there is a failure at any step of the process with prejudice. A grievance, once withdrawn may not be refiled without the mutual written agreement between the District and SEIU/FPSU. X. Xxxxxxx of the grievant to communicate proceed with the decision on a grievance within the specified time limit, timelines herein stipulated shallresult in the dismissal of the grievance. A dismissed grievance may not be refiled without the mutual written agreement between the District and SEIU/FPSU. Failure of the District or its representative to take the required action within the times provided shall entitle the grievant shall then have the right toproceed to appeal at the next step of the this grievance procedure. H. Any G. The grievant may have representatives at any level above the informal level of the grievance procedure. However, the grievant must be present at these hearings. X. The Parties acknowledge that, as a principle of interpretation, employees are obligated to work, as directed while grievances are pending. I. The investigation and hearing of grievances by a Union Xxxxxxx will be conducted during the regular working hours of the grievant(s). Stewards shall be allowed reasonable time off withoutloss of pay during regular shift hours for investigating grievances; however, each will first obtainverbal permission from his/her supervisor. Permission will not advanced from one step to be unduly withheld by the next within supervisor. J. The commencing of legal proceedings against the time limits District in a court of law or equity, or before PERC, the Department of Administrative Hearings (DOAH) or any other administrative agency, byan employee(s) or the SEIU/FPSU, for an alleged violation or violations of the express terms or this agreement shall be deemed resolved a waiver by the answer at the previous step. I. Any grievance which arose prior said employee(s), or SEIU/FPSU, of its/their right toresort to the effective date of grievance and arbitration procedure contained in this agreement or after the termination date of this agreement shall not be processed. X. Xx non-tenure teacher may use the grievance procedure in any way to appeal discharge or a decision by the Board not to renew such teacher's contract. X. No tenure teacher shall use the grievance procedure to dispute any action by the Board which is in accordance with the state tenure laws. L. No teacher shall use the grievance procedure to appeal any decision for resolution of the Board alleged violation or administration if such decision is pursuant to any order violations of or written agreement with any state or federal regulatory commission or agency. In the event the School Corporation comes under any court order or conciliation agreement with any state or federal regulatory commission or agency the carrying out of which would affect the express terms of this agreement. K. If the Parties are in dispute concerning the timeliness of filing or of appealing a grievance and thegrievance is appealed to Level Four, the parties Parties agree to negotiate bifurcate the arbitration hearing to allowthe issue of timeliness to be presented to the arbitrator first and then for the arbitrator to issuea bench ruling on this procedural threshold issue. If the timeliness procedural issue is found in regard to such terms within the scope favor of the conciliation agreement or orderUnion/grievant, the hearing can proceed with arguments relating to the merits of the grievance. If the timeliness procedural issue is found in favor of the District, the provisions of Section 4 F of the Grievance Procedure will be operative and the grievance will be considereddismissed. If the arbitrator determines he/she requires additional time (more than an hour) to consider the timeliness procedural issue and elects not to issue a bench ruling on this threshold issue, the arbitration proceedings will be adjourned to allow the arbitrator the time necessary to make this determination andhe/she may rely on briefs submitted by the Parties relating to this threshold procedural issue. If the timeliness procedural issue is found in favor of the Union/grievant, the grievance hearing will be reconvened to proceed with arguments relating to the merits of the grievance. If the timeliness procedural issue is found in favor of the District, the provisions of Section 4 F of the Grievance Procedurewill be operative and the grievance will be considered dismissed. M. The association shall discourage any attempt of its members to appeal to any court or labor board from a decision of an arbitrator.

Other Provisions Relating to the Grievance Procedure. A. At his/her option, a teacher may bypass Step One of this procedure. B. . No reprisal of any kind shall be taken by or against any participant in the grievance procedure by reason of such participation. C. . All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel file of the participant(s) and are not valid basis for evaluations. D. . Time limits herein may be extended only by mutual agreement, signed by the parties. E. . Time limits herein apply to teachers on leave of absence, other than sick leave, as if such teacher were present and working. F. . All steps of the grievance procedure shall be conducted during non-regular work hours, or changed by mutual consent. G. . If there is a failure at any step to communicate the decision on a grievance within the specified time limit, the grievant shall then have the right to appeal at the next step of the procedure. H. . Any grievance not advanced from one step to the next within the time limits shall be deemed resolved by the answer at the previous step. I. . Any grievance which arose prior to the effective date of this agreement or after the termination date of this agreement shall not be processed. X. Xx . No non-tenure teacher may use the grievance procedure in any way to appeal discharge or a decision by the Board not to renew such teacher's contract. X. . No tenure teacher shall use the grievance procedure to dispute any action by the Board which is in accordance with the state tenure laws. L. . No teacher shall use the grievance procedure to appeal any decision of the Board or administration if such decision is pursuant to any order of or written agreement with any state or federal regulatory commission or agency. In the event the School Corporation comes under any court order or conciliation agreement with any state or federal regulatory commission or agency the carrying out of which would affect the terms of this agreement, the parties agree to negotiate in regard to such terms within the scope of the conciliation agreement or order. M. . The association shall discourage any attempt of its members to appeal to any court or labor board from a decision of an arbitrator.