Common use of Procedure for Handling Grievance Clause in Contracts

Procedure for Handling Grievance. Step One: The aggrieved person shall first present the grievance in writing to the administrator at the level to which the grievance pertains – in most cases, this will be the building administrator - within seven (7) days of its occurrence, with the objective of resolving the matter informally. If the grievance is not resolved, or if the building administrator does not answer the grievance in writing within seven (7) days of its receipt, the grievance shall advance to Step Two. Step Two: In the event the grievance is not resolved in this informal effort, the aggrieved person or his/her representative shall give formal notice in writing to the building administrator and the KNEAT PR&R Committee. The PR&R Committee may, within twenty (20) days after the grievance occurred, request in writing to meet with the Superintendent or a committee designated by him/her, to set forth the grievance. The Superintendent will have twenty (20) days following the meeting with the PR&R committee to issue a response. Step Three: In the event the PR&R Committee is not satisfied with the response, the PR&R Committee may, within five (5) school days thereafter, request in writing a hearing before the Board of Education. The Board may designate a committee of Board members (at least three) to hear such grievance within thirty (30) calendar days after receipt of the request by KNEAT for a Board hearing. This step may be waived by mutual agreement of KNEAT and the Board. Step Four: In the event that KNEAT is not satisfied with the disposition of the grievance at Step three, KNEAT may request arbitration within thirty (30) school days. No more than one (1) grievance shall be submitted at the same arbitration to the same arbitrator unless both parties mutually agree to submit more than a single grievance. KNEAT and the Board shall seek to agree on the arbitrator. If the parties are unable to agree upon an arbitrator within five (5) days from the date arbitration is called for, the parties shall request a panel of five (5) arbitrators from the Federal Mediation and Conciliation Service. Within five (5) days after receipt of such list, the arbitrator will be chosen as follows: The party requesting the arbitration shall strike the name of one (1) arbitrator first. Thereafter, the parties shall alternate until the name of one arbitrator remains. The person whose name thus remains will be the arbitrator of the unresolved grievance(s). Any question of arbitrability of a particular dispute or grievance shall be decided by a court of competent jurisdiction. When a list of names is furnished by the Federal Mediation and Conciliation Service for the purpose of arbitrator selection, either party shall have the right to reject the first list submitted. The arbitrator shall have the authority to determine the procedural rules of arbitration, and arbitration and shall have authority to make such binding orders as are necessary to enable him/her to act effectively. He/she shall observe the rules of evidence and his/her decision shall be final and binding on all parties and the grievant(s), provided, it complies with the provision of this Agreement. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement, nor shall he/she substitute his/her discretion for that of the Board or its agents or KNEAT where such discretion has been retained by the Board or KNEAT. In the resolution of disputes between the parties to this Agreement, the arbitrator shall strictly adhere to and be governed by the specific language of this Agreement. No arbitrator, court, agency, person, or other tribunal shall have any authority to find that the Board is bound to do, or refrain from doing, anything or act unless it is clear from the expressed words of this Agreement that this result was intended by both parties. The arbitrator shall have no authority to exercise any responsibility or function of the Board or to direct the Board to take or refrain from taking any action where such function, responsibility, or action is reserved to the Board by law or by the provisions of this Agreement. The decision of the arbitrator shall be based only on the evidence presented to him/her by the parties in the presence of each other. The arbitrator’s award shall not be retroactive beyond the date of ten (10) calendar days prior to the filing of the grievance or the actual date of the occurrence of the grievance, whichever period of time is the shortest. The expenses of each witness and the compensation of any witness and/or representatives for either party shall be paid by the party calling such witness. The arbitrator’s fee and expenses shall be shared equally by the Board and KNEAT. KNEAT may refuse to process, abandon or may settle a grievance or arbitration procedure. Following the time limits as specified in this Grievance and Arbitration Article is of the essence and failure to comply with the time limits as specified shall be deemed to be a waiver or abandonment of the grievance or right to arbitrate and shall not thereafter form a basis of a grievance, right to arbitrate or legal cause of action unless such time limits are waived by mutual agreement, in writing between the parties. If the Board fails to respond within the time limits at any step, the grievance shall be advanced to the next step.

Procedure for Handling Grievance. Step One: The aggrieved person shall first present the grievance in writing to the administrator at the level to which the grievance pertains – in most cases, this will be the building administrator - within seven (7) days of its occurrence, with the objective of resolving the matter informally. If the grievance is not resolved, or if the building administrator does not answer the grievance in writing within seven (7) days of its receipt, the grievance shall advance to Step Two. Step Two: In the event the grievance is not resolved in this informal effort, the aggrieved person or his/her representative shall give formal notice in writing to the building administrator and the KNEAT PR&R Committee. The PR&R Committee may, within twenty (20) days after the grievance occurred, request in writing to meet with the Superintendent or a committee designated by him/her, to set forth the grievance. The Superintendent will have twenty (20) days following the meeting with the PR&R committee to issue a response. Step Three: In the event the PR&R Committee is not satisfied with the response, the PR&R Committee may, within five (5) school days thereafter, request in writing a hearing before the Board of Education. The Board may designate a committee of Board members (at least three) to hear such grievance within thirty (30) calendar days after receipt of the request by KNEAT for a Board hearing. This step may be waived by mutual agreement of KNEAT and the Board. Step Four: In the event that KNEAT is not satisfied with the disposition of the grievance at Step three, KNEAT may request arbitration within thirty (30) school days. No more than one (1) grievance shall be submitted at the same arbitration to the same arbitrator unless both parties mutually agree to submit more than a single grievance. KNEAT and the Board shall seek to agree on the arbitrator. If the parties are unable to agree upon an arbitrator within five (5) days from the date arbitration is called for, the parties shall request a panel of five (5) arbitrators from the Federal Mediation and Conciliation Service. Within five (5) days after receipt of such list, the arbitrator will be chosen as follows: The party requesting the arbitration shall strike the name of one (1) arbitrator first. Thereafter, the parties shall alternate until the name of one arbitrator remains. The person whose name thus remains will be the arbitrator of the unresolved grievance(s). Any question of arbitrability of a particular dispute or grievance shall be decided by a court of competent jurisdiction. When a list of names is furnished by the Federal Mediation and Conciliation Service for the purpose of arbitrator selection, either party shall have the right to reject the first list submitted. The arbitrator shall have the authority to determine the procedural rules of arbitration, and arbitration and shall have authority to make such binding orders as are necessary to enable him/her to act effectively. He/she shall observe the rules of evidence and his/her decision shall be final and binding on all parties and the grievant(s), provided, it complies with the provision of this Agreement. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement, nor shall he/she substitute his/her discretion for that of the Board or its agents or KNEAT where such discretion has been retained by the Board or KNEAT. In the resolution of disputes between the parties to this Agreement, the arbitrator shall strictly adhere to and be governed by the specific language of this Agreement. No arbitrator, court, agency, person, or other tribunal shall have any authority to find that the Board is bound to do, or refrain from doing, anything or act unless it is clear from the expressed words of this Agreement that this result was intended by both parties. The arbitrator shall have no authority to exercise any responsibility or function of the Board or to direct the Board to take or refrain from taking any action where such function, responsibility, or action is reserved to the Board by law or by the provisions of this Agreement. The decision of the arbitrator shall be based only on the evidence presented to him/her by the parties in the presence of each other. The arbitrator’s award shall not be retroactive beyond the date of ten (10) calendar days prior to the filing of the grievance or the actual date of the occurrence of the grievance, whichever period of time is the shortest. The expenses of each witness and the compensation of any witness and/or representatives for either party shall be paid by the party calling such witness. The arbitrator’s fee and expenses shall be shared equally by the Board and KNEAT. KNEAT may refuse to process, abandon abandon, or may settle a grievance or arbitration procedure. Following the time limits as specified in this Grievance and Arbitration Article is of the essence and failure to comply with the time limits as specified shall be deemed to be a waiver or abandonment of the grievance or right to arbitrate and shall not thereafter form a basis of a grievance, right to arbitrate or legal cause of action unless such time limits are waived by mutual agreement, in writing between the parties. If the Board fails to respond within the time limits at any step, the grievance shall be advanced to the next step.

Procedure for Handling Grievance. Step One: . The aggrieved person shall first present the grievance in writing to the administrator at the level to which the grievance pertains – in most cases, this will be the building administrator - within seven (7) days of its occurrence, with the objective of resolving the matter informally. If the grievance is not resolved, or if the building administrator does not answer the grievance in writing within seven (7) days of its receipt, the grievance shall advance to Step Two. Step Two: . In the event the grievance is not resolved in this informal effort, the aggrieved person or his/her representative shall give formal notice in writing to the building administrator and the KNEAT PR&R Committee. The PR&R Committee may, within twenty (20) days after the grievance occurred, request in writing to meet with the Superintendent or a committee designated by him/her, to set forth the grievance. The Superintendent will have twenty (20) days following the meeting with the PR&R committee to issue a response. Step Three: . In the event the PR&R Committee is not satisfied with the response, the PR&R Committee may, within five (5) school days thereafter, request in writing a hearing before the Board of Education. The Board may designate a committee of Board members (at least three) to hear such grievance within thirty (30) calendar days after receipt of the request by KNEAT for a Board hearing. This step may be waived by mutual agreement of KNEAT and the Board. Step Four: . In the event that KNEAT is not satisfied with the disposition of the grievance at Step three, KNEAT may request arbitration within thirty (30) school days. No more than one (1) grievance shall be submitted at the same arbitration to the same arbitrator unless both parties mutually agree to submit more than a single grievance. KNEAT and the Board shall seek to agree on the arbitrator. If the parties are unable to agree upon an arbitrator within five (5) days from the date arbitration is called for, the parties shall request a panel of five (5) arbitrators from the Federal Mediation and Conciliation Service. Within five (5) days after receipt of such list, the arbitrator will be chosen as follows: The party requesting the arbitration shall strike the name of one (1) arbitrator first. Thereafter, the parties shall alternate until the name of one arbitrator remains. The person whose name thus remains will be the arbitrator of the unresolved grievance(s). Any question of arbitrability of a particular dispute or grievance shall be decided by a court of competent jurisdiction. When a list of names is furnished by the Federal Mediation and Conciliation Service for the purpose of arbitrator selection, either party shall have the right to reject the first list submitted. The arbitrator shall have the authority to determine the procedural rules of arbitration, and arbitration and shall have authority to make such binding orders as are necessary to enable him/her to act effectively. He/she shall observe the rules of evidence and his/her decision shall be final and binding on all parties and the grievant(s), provided, it complies with the provision of this Agreement. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement, nor shall he/she substitute his/her discretion for that of the Board or its agents or KNEAT where such discretion has been retained by the Board or KNEAT. In the resolution of disputes between the parties to this Agreement, the arbitrator shall strictly adhere to and be governed by the specific language of this Agreement. No arbitrator, court, agency, person, or other tribunal shall have any authority to find that the Board is bound to do, or refrain from doing, anything or act unless it is clear from the expressed words of this Agreement that this result was intended by both parties. The arbitrator shall have no authority to exercise any responsibility or function of the Board or to direct the Board to take or refrain from taking any action where such function, responsibility, or action is reserved to the Board by law or by the provisions of this Agreement. The decision of the arbitrator shall be based only on the evidence presented to him/her by the parties in the presence of each other. The arbitrator’s award shall not be retroactive beyond the date of ten (10) calendar days prior to the filing of the grievance or the actual date of the occurrence of the grievance, whichever period of time is the shortest. The expenses of each witness and the compensation of any witness and/or representatives for either party shall be paid by the party calling such witness. The arbitrator’s fee and expenses shall be shared equally by the Board and KNEAT. KNEAT may refuse to process, abandon or may settle a grievance or arbitration procedure. Following the time limits as specified in this Grievance and Arbitration Article is of the essence and failure to comply with the time limits as specified shall be deemed to be a waiver or abandonment of the grievance or right to arbitrate and shall not thereafter form a basis of a grievance, right to arbitrate or legal cause of action unless such time limits are waived by mutual agreement, in writing between the parties. If the Board fails to respond within the time limits at any step, the grievance shall be advanced to the next step.