Common use of Procedure for Adjustment of Grievances Clause in Contracts

Procedure for Adjustment of Grievances. 1. Grievances and problems shall be presented and adjusted in accordance with the following procedure: the employee having a grievance, complaint or problem shall first discuss the matter with the Principal, either directly or accompanied by another employee in the school, or by the Federation Building Representative, with the objective of resolving the matter informally. 2. Step 1 (a) In the event the matter is not resolved informally, the grievance stated in writing may, except as hereinafter otherwise provided, be lodged with or submitted to the Principal of the school in which the grievance arises within twenty (20) school days following the discussion with the Principal. The written grievance shall state whether there was an oral discussion of the matter with the Principal. (b) The grievance may be lodged and thereafter discussed with the Principal: (1) By an employee accompanied by a Federation representative, if the employee so requests; (2) Through a Federation representative, if the employee so requests; (3) By a Federation representative in the name of the Federation; (4) By an employee in person on his/her own behalf, provided, however, that the Federation representative is given an opportunity to be present at such discussion; or (5) By an employee accompanied by any other employee in the same school provided, however, that the Federation representative is given an opportunity to be present at such discussion. (c) Whenever a decision on a grievance which has been lodged and is sought to be adjusted by an employee on his/her own behalf or while accompanied by any employee in the school, other than the Federation representative, would involve the application or interpretation of any provision of this Agreement or of any policy or could be deemed a precedent as to the working conditions, or welfare of employees in the bargaining unit, the Principal shall give to the appropriate Federation representative under Step 1a the opportunity to state the views of the Federation as to the adjustment sought by the employee and that proposed by the Principal. (d) Within five (5) school days after receiving the grievance, the Principal shall communicate his/her decision in writing to the employee who lodged the grievance and to the Federation representative.

Procedure for Adjustment of Grievances. 1. Grievances and problems shall be presented and adjusted in accordance with the following procedure: the employee having a grievance, complaint or problem shall may first discuss the matter with the Principal, either directly or accompanied by another employee in the school, or by the Federation Building Representative, with the objective of resolving the matter informally. 2. Step 1 (a) In the event the matter is not resolved informally, the grievance stated in writing may, except as hereinafter otherwise provided, be lodged with or submitted to the Principal of the school in which the grievance arises within twenty (20) school days a reasonable time following the discussion with act or condition which is the Principalbasis of the grievance. The written grievance shall state whether there was an oral discussion of the matter with the Principal. (b) The grievance may be lodged and thereafter discussed with the Principal: (1) By an employee accompanied by a Federation representative, if the employee so requests; (2) Through a Federation representative, if the employee so requests; (3) By a Federation representative in the name of the Federation; (4) By an employee in person on his/her own behalf, provided, however, that the Federation representative is given an opportunity to be present at such discussion; or (5) By an employee accompanied by any other employee in the same school provided, however, that the Federation representative is given an opportunity to be present at such discussion. (c) Whenever a decision on a grievance which has been lodged and is sought to be adjusted by an employee on his/her own behalf or while accompanied by any employee in the school, other than the Federation representative, would involve the application or interpretation of any provision of this Agreement or of any policy or could be deemed a precedent as to the working conditions, or welfare of employees in the bargaining unit, the Principal shall give to the appropriate Federation representative under Step 1a the opportunity to state the views of the Federation as to the adjustment sought by the employee and that proposed by the Principal. (d) Within five (5) school days after receiving the grievance, the Principal shall communicate his/her decision in writing to the employee who lodged the grievance and to the Federation representative. 3. Step 2 (a) Within five (5) school days after receiving the decision of the Principal, the aggrieved employee, through the Federation, or the Federation in its own name, may appeal from the decision at Step 1 to a Hearing Officer designated by the Superintendent of Schools. (It is the intention of the parties that there shall be a Hearing Officer for all cases for as long a term as possible in order to afford the parties the benefit of the knowledge and experience thus gained by such Hearing Officer.) The appeal shall be in writing and shall be accompanied by a copy of the decision at Step 1. A copy of said appeal shall be sent to the appropriate Area Academic Officer or other Administrator and to the Labor Relations Office of the Office of Human Resources. Within ten (10) school days after the receipt of the appeal, said Labor Relations Office shall use its good offices to adjust or resolve the grievance amicably. (b) If the grievance is not thus resolved amicably, said Labor Relations Office should refer the matter to the said Area Academic Officer or Administrator, who shall take such steps as he/she deems necessary in order to adjust the grievance amicably. (c) If the efforts at amicable adjustment do not resolve the grievance, then, not later than twenty-two (22) school days after receipt of the appeal, the Hearing Officer shall hold a hearing on the grievance. (d) The aggrieved employee, any Federation representative who may have participated at Step 1, the Principal and the Chairperson of the Federation Grievance Committee, or his/her designee, shall be given at least five (5) school days’ notice of the hearing and an opportunity to be heard thereat on the subject of the grievance. The appropriate Area Academic Officer or Associate Superintendent may participate in such hearing and may advise and counsel the Hearing Officer. In the event the hearing is conducted by a designee of the Executive Director of Human Resources, he/she shall make a written report to said Executive Director. (e) Within ten (10) school days after the hearing on the appeal, the Executive Director of Human Resources shall state his/her independent decision and the reasons therefore in writing and simultaneously forward copies thereof to the aggrieved employee, to the Federation representatives who participated in this Step and to the Principal. (f) Where a Principal has been involved in a determination or an action which gave rise to a grievance, he/she shall, if requested by the grievant, the Hearing Officer, or the Superintendent, be present at Step 2 and Step 3 proceedings. 4. Step 3 (a) Within twenty-five (25) school days after receiving the decision of the Executive Director of Human Resources, the Board or the Federation may submit the matter to arbitration if the grievance, complaint or problem involves the compliance with, or application or interpretation of this Agreement, provided that a grievance concerning any Board action, not inconsistent with any provision of this Agreement, taken under any term of this Agreement, requiring or providing for exercise of the Board’s discretion or policy-making powers, may be decided by an arbitrator only if it is based on a complaint that such action was applied in a manner inconsistent with the general practice under such action followed throughout the school system in similar circumstances. (b) The method for submitting a matter to arbitration shall be as follows: The party to this Agreement desiring that the matter be arbitrated shall serve a written demand for arbitration upon the other party either by certified mail addressed to the other party or by hand-delivery to a person authorized by the other party to receive a demand for arbitration. The party serving the demand for arbitration shall simultaneously mail a copy thereof to the Philadelphia Regional Office of the American Arbitration Association. The arbitrator shall be chosen in accordance with the then current Voluntary Labor Arbitration Rules of the American Arbitration Association governing the voluntary settlement of labor disputes. (c) In lieu of the above procedure to select an arbitrator, the parties during the term of this Agreement, may agree to mutually select a permanent arbitrator. In the event either party withdraws its approval of the agreed upon permanent arbitrator, they may mutually select and agree upon another permanent arbitrator. If the parties are unable to agree to a permanent arbitrator, then the procedure to select an impartial arbitrator set forth in the above paragraph shall be followed. (d) The arbitrator shall issue his/her decision not later than thirty (30) days after the date of the closing of the hearings or, if oral hearings have been waived, then thirty (30) days from the date of transmitting the final statements and proofs to the arbitrator. The decision shall be in writing and shall set forth the arbitrator’s opinion and conclusions on the issues submitted. The arbitrator shall have the power and authority to decide, and shall limit his/her decision strictly to the matters specified in paragraph (a) of Step 3; he/she shall be without power or authority to make any decisions: (1) Contrary to, or inconsistent with or which modifies or varies in any way, the terms of this Agreement or of applicable law or rules or regulations having the force and effect of law; or (2) Which limits or interferes in any way with the powers, duties and the responsibility of the Board under its By-laws, applicable law and rules and regulations having the force and effect of law, except that this clause (ii) shall not be deemed to limit the arbitrator’s authority to make decisions or awards which he/she is authorized to make under this paragraph (d) on the matters set forth in paragraph (a) of this Step 3. (e) The decision of the arbitrator, if made in accordance with his/her jurisdiction and authority under this Agreement, will be accepted as final by the parties and both will abide by it. (f) The arbitrator’s fee will be shared equally by the parties to the dispute. (g) The Board agrees that it will apply to all substantially similar situations the decisions of an arbitrator sustaining a grievance and the Federation agrees that it will not bring or continue, and that it will not represent any employee in, any grievance which is substantially similar to a grievance denied by the decision of an arbitrator.

Procedure for Adjustment of Grievances. 1. Grievances and problems shall be presented and adjusted in accordance with the following procedure: the employee having a grievance, complaint or problem shall first discuss the matter with the Principal, either directly or accompanied by another employee in the school, or by the Federation Building Representative, with the objective of resolving the matter informally. 2. Step 1 (a) In the event the matter is not resolved informally, the grievance stated in writing may, except as hereinafter otherwise provided, be lodged with or submitted submit- xxx to the Principal of the school in which the grievance arises within twenty (20) school days following the discussion with the Principal. The written grievance shall state whether there was an oral discussion of the matter with the Principal. (b) The grievance may be lodged and thereafter discussed with the Principal: (1) By an employee accompanied by a Federation representative, if the employee so requests; (2) Through a Federation representative, if the employee so requests; (3) By a Federation representative in the name of the Federation; (4) By an employee in person on his/her own behalf, provided, however, that the Federation representative is given an opportunity to be present at such discussion; or (5) By an employee accompanied by any other employee in the same school provided, however, that the Federation representative is given an opportunity oppor- tunity to be present at such discussion. (c) Whenever a decision on a grievance which has been lodged and is sought to be adjusted by an employee on his/her own behalf or while accompanied by any employee in the school, other than the Federation representative, would involve the application or interpretation of any provision of this Agreement or of any policy or could be deemed a precedent as to the working conditions, or welfare of employees in the bargaining unit, the Principal shall give to the appropriate appro- priate Federation representative under Step 1a the opportunity to state the views of the Federation as to the adjustment sought by the employee and that proposed by the Principal. (d) Within five (5) school days after receiving the grievance, the Principal shall communicate his/her decision in writing to the employee who lodged the grievance and to the Federation representative.

Procedure for Adjustment of Grievances. 1. Grievances and problems shall be presented and adjusted in accordance with the following procedure: the employee having a grievance, complaint or problem shall first discuss the matter with the Principal, either directly or accompanied by another employee in the school, or by the Federation Building Representative, with the objective of resolving the matter informally. 2. Step 1 (a) In the event the matter is not resolved informally, the grievance stated in writing may, except as hereinafter otherwise provided, be lodged with or submitted submit- xxx to the Principal of the school in which the grievance arises within twenty (20) school days following the discussion with the Principal. The written grievance shall state whether there was an oral discussion of the matter with the Principal. (b) The grievance may be lodged and thereafter discussed with the Principal: (1) By an employee accompanied by a Federation representative, if the employee so requests; (2) Through a Federation representative, if the employee so requests; (3) By a Federation representative in the name of the Federation; (4) By an employee in person on his/her own behalf, provided, however, that the Federation representative is given an opportunity to be present at such discussion; or (5) By an employee accompanied by any other employee in the same school provided, however, that the Federation representative is given an opportunity oppor- tunity to be present at such discussion. (c) Whenever a decision on a grievance which has been lodged and is sought to be adjusted by an employee on his/her own behalf or while accompanied by any employee in the school, other than the Federation representative, would involve the application or interpretation of any provision of this Agreement or of any policy or could be deemed a precedent as to the working conditions, or welfare of employees in the bargaining unit, the Principal shall give to the appropriate appro- priate Federation representative under Step 1a the opportunity to state the views of the Federation as to the adjustment sought by the employee and that proposed by the Principal. (d) Within five (5) school days after receiving the grievance, the Principal shall communicate his/her decision in writing to the employee who lodged the grievance griev- ance and to the Federation representative. 3. Step 2 (a) Within five (5) school days after receiving the decision of the Principal, the aggrieved employee, through the Federation, or the Federation in its own name, may appeal from the decision at Step 1 to a Hearing Officer designated by the Superintendent of Schools and/or CEO. (It is the intention of the parties that there shall be a Hearing Officer for all cases for as long a term as possible in order to afford the parties the benefit of the knowledge and experience thus gained by such Hearing Officer.) The appeal shall be in writing and shall be accompanied by a copy of the decision at Step 1. A copy of said appeal shall be sent to the appropriate Assistant Superintendent or other Administrator and to the Employee Relations Office of the Office of Talent. Within ten (10) school days after the receipt of the appeal, said Employee Relations Office shall use its good offices to adjust or resolve the grievance amicably. (b) If the grievance is not thus resolved amicably, said Employee Relations Office should refer the matter to the said Assistant Superintendent or Adminis- trator, who shall take such steps as he/she deems necessary in order to adjust the grievance amicably. (c) If the efforts at amicable adjustment do not resolve the grievance, then, not later than twenty-two (22) school days after receipt of the appeal, the Hear- ing Officer shall hold a hearing on the grievance. (d) The aggrieved employee, any Federation representative who may have participated at Step 1, the Principal and the Chairperson of the Federation Griev- ance Committee, or his/her designee, shall be given at least five (5) school days’ notice of the hearing and an opportunity to be heard thereat on the subject of the grievance. The appropriate Assistant Superintendent or Chief may participate in such hearing and may advise and counsel the Hearing Officer. In the event the hearing is conducted by a designee of the Chief Talent Officer, he/she shall make a written report to said Chief Talent Officer. (e) Within ten (10) school days after the hearing on the appeal, the Chief Talent Officer shall state his/her independent decision and the reasons therefore in writing and simultaneously forward copies thereof to the aggrieved employee, to the Federation representatives who participated in this Step and to the Principal. (f) Where a Principal has been involved in a determination or an action which gave rise to a grievance, he/she shall, if requested by the grievant, the Hearing Officer, or the Superintendent and/or CEO, be present at Step 2 and Step 3 proceedings. 4. Step 3 (a) Within twenty-five (25) school days after receiving the decision of the Chief Talent Officer, the School District or the Federation may submit the matter to arbitration if the grievance, complaint or problem involves the compliance with, or application or interpretation of this Agreement, provided that a griev- ance concerning any School District action, not inconsistent with any provision of this Agreement, taken under any term of this Agreement, requiring or provid- ing for exercise of the School District’s discretion or policy-making powers, may be decided by an arbitrator only if it is based on a complaint that such action was applied in a manner inconsistent with the general practice under such action followed throughout the school system in similar circumstances. (b) The method for submitting a matter to arbitration shall be as follows: The party to this Agreement desiring that the matter be arbitrated shall serve a Writ- ten demand for arbitration upon the other party either by certified mail addressed to the other party or by hand-delivery to a person authorized by the other party to receive a demand for arbitration. The party serving the demand for arbitration shall simultaneously mail a copy thereof to the Philadelphia Regional Office of the American Arbitration Association. The arbitrator shall be chosen in accor- dance with the then current Voluntary Labor Arbitration Rules of the American Arbitration Association governing the voluntary settlement of labor disputes. (c) In lieu of the above procedure to select an arbitrator, the parties during the term of this Agreement, may agree to mutually select a permanent arbitrator. In the event either party withdraws its approval of the agreed upon permanent arbitrator, they may mutually select and agree upon another permanent arbitra- tor. If the parties are unable to agree to a permanent arbitrator, then the proce- dure to select an impartial arbitrator set forth in the above paragraph shall be followed. (d) The arbitrator shall issue his/her decision not later than thirty (30) days after the date of the closing of the hearings or, if oral hearings have been waived, then thirty (30) days from the date of transmitting the final statements and proofs to the arbitrator. The decision shall be in writing and shall set forth the arbitra- tor’s opinion and conclusions on the issues submitted. The arbitrator shall have the power and authority to decide, and shall limit his/her decision strictly to the matters specified in paragraph (a) of Step 3; he/she shall be without power or authority to make any decisions: (1) Contrary to, or inconsistent with or which modifies or varies in any way, the terms of this Agreement or of applicable law or rules or regulations having the force and effect of law; or (2) Which limits or interferes in any way with the powers, duties and the responsibility of the School District under its By-laws, applicable law and rules and regulations having the force and effect of law, except that this clause (2) shall not be deemed to limit the arbitrator’s authority to make decisions or awards which he/she is authorized to make under this paragraph (d) on the matters set forth in paragraph (a) of this Step 3. (e) The decision of the arbitrator, if made in accordance with his/her jurisdic- tion and authority under this Agreement, will be accepted as final by the parties and both will abide by it. (f) The arbitrator’s fee will be shared equally by the parties to the dispute. (g) The School District agrees that it will apply to all substantially similar situ- ations the decisions of an arbitrator sustaining a grievance and the Federation agrees that it will not bring or continue, and that it will not represent any employee in, any grievance which is substantially similar to a grievance denied by the decision of an arbitrator.