Common use of Procedure Step One Clause in Contracts

Procedure Step One. It is desirable for a Bargaining Unit Member and the immediate supervisor to resolve problems through free and informal communications. Therefore, before a Grievance is filed, the Bargaining Unit Member or the Union shall discuss the claim with the most immediate supervisor. Step Two If the complaint cannot be resolved informally, the Bargaining Unit Member or the Union shall file the Grievance in writing with the immediate supervisor, who shall certify by signature the date and hour the Grievance was received. This certification shall be witnessed by the Grievant. The written Grievance shall state the nature of the Grievance, shall note the specific clause or clauses of the Agreement which are applicable and shall state the remedy requested. The filing of the formal written Grievance must be within ten (10) working days from the date of the occurrence of the event giving rise to the Grievance or within ten (10) working days of when the Grievant should have reasonably known of the event which gave rise to the Grievance. The supervisor shall make a decision on the Grievance and communicate it in writing to the Grievant and the Superintendent within ten (10) working days after receipt of the Grievance. Step Three In the event a Grievance has not been satisfactorily resolved at the second step, the Grievant shall file, within ten (10) working days of the immediate supervisor’s written decision at Step Two, a copy of the Grievance with the Superintendent. Within ten (10) working days after receipt of the Grievance the Superintendent shall meet with the Grievant to resolve the Grievance. The Superintendent shall file an answer within ten (10) working days of the third step Grievance meeting and communicate it in writing to the Grievant and the immediate supervisor. Step Four If the Grievance is not satisfactorily resolved at Step Three, the Grievance may proceed to binding arbitration. The Union shall submit to the Superintendent a written request on behalf of the Union and the Grievant to enter into binding arbitration. This request must be submitted within fifteen (15) working days of receipt of the Step Three answer. Arbitration proceedings shall be conducted by an arbitrator to be selected by the two parties from a roster of arbitrators provided by the American Arbitration Association. Within five (5) days after the Union requests binding arbitration, the two parties will request the American Arbitration Association provide a panel of seven (7) arbitrators. Each of the two parties will alternately strike one name at a time from the panel until only one (1) name shall remain. The remaining name shall be the arbitrator. Expenses for the arbitrator’s services shall be borne equally by the District and the Union. Each party shall bear the cost of its own representation. If only one party requests the services of a court reporter that party shall bear the cost of these services. If the other party desires a copy of the transcript, the cost of the court reporters services shall be shared equally. The decision of the arbitrator shall be final and binding on the parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore or add to the provisions of the Agreement. The arbitrator’s authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing by the District and the Union and his/her decision must be based solely and only upon his/her interpretation of the meaning or application of the express relevant language of the Agreement.

Procedure Step One. It is desirable for A grievant may initially discuss the matter identified as a Bargaining Unit Member and grievance with the immediate supervisor superior in an attempt to resolve problems through free and informal communicationssettle the grievance informally. ThereforeThis is not intended to extend the time limitation as set forth in Section B, before a Grievance is filed, the Bargaining Unit Member or the Union shall discuss the claim with the most immediate supervisorsub-section 1. Step Two If the complaint cannot be resolved informally, the Bargaining Unit Member STEP TWO: (a) A grievant or the Union shall file the Grievance a grievance in writing with by presenting the written grievance to the immediate supervisor, who superior and forwarding copies to the Superintendent and the Union. (b) The grievant and/or the Union and the immediate superior shall certify by signature meet in an attempt to resolve the grievance not later than seven (7) calendar days following the date and hour the Grievance was received. This certification on which it is filed. (c) The immediate superior shall be witnessed by the Grievant. The written Grievance shall state the nature of the Grievance, shall note the specific clause or clauses of the Agreement which are applicable and shall state the remedy requested. The filing of the formal written Grievance must be within ten (10) working days from the date of the occurrence of the event giving rise to the Grievance or within ten (10) working days of when the Grievant should have reasonably known of the event which gave rise to the Grievance. The supervisor shall make a communicate his/her decision on the Grievance and communicate it in writing to the Grievant grievant not later than seven (7) calendar days following the hearing. A copy of the decision shall also be forwarded, at the same time, to the Superintendent and the Union. STEP THREE: (a) If the grievance has not been resolved at Step Two of the Procedure, the grievant or the Union may request a hearing of his/her grievance by the Superintendent or his/her designated representative. This shall be done not later than seven (7) calendar days following the immediate superior's decision. (b) The grievant and/or the Union and the Superintendent within ten (10) working days after receipt of the Grievance. Step Three In the event a Grievance has not been satisfactorily resolved at the second step, the Grievant shall file, within ten (10) working days of the immediate supervisor’s written decision at Step Two, a copy of the Grievance with the Superintendent. Within ten (10) working days after receipt of the Grievance the Superintendent or his/her designated representative shall meet with the Grievant in an attempt to resolve the Grievance. grievance not later than seven (7) calendar days following the date on which the hearing was requested. (c) The Superintendent or his/her designated representative shall file an answer within ten (10) working days of the third step Grievance meeting and communicate it his/her decision in writing to the Grievant grievant not later than thirty (30) calendar days following the hearing. A copy of the decision shall also be forwarded, at the same time, to the Union. STEP FOUR: (a) In the event the grievant is dissatisfied with the determination of the Superintendent or his/her designated representative, and in the immediate supervisor. Step Four If further event that the Grievance is not satisfactorily resolved at Step Threegrievance involves the interpretation or application of this contract, the Grievance matter may proceed be submitted to binding arbitration. The grievant shall request in writing that the Union submit his/her grievance to arbitration. If the Union decides the grievance is meritorious, it may submit the grievance to arbitration. A request for arbitration and application to secure a list of arbitrators through the Public Employment Relations Commission shall be made in writing within eleven (11) school days following the determination of the Superintendent. The parties shall then be bound by the rules and procedures of the Public Employment Relations Commission in the selection of an arbitrator. Failure to request arbitration and make said application to the Public Employment Relations Commission within the above period of time shall constitute an absolute bar to such arbitration unless the Superintendent and the Union shall submit mutually agree upon, in writing, a longer time period within which to assert such a demand. (b) The Superintendent may also request arbitration concerning any dispute regarding the interpretation or application of this contract. The time limits applicable to the Union are also applicable to the Superintendent. (c) The arbitrator shall have no power or authority to add to, subtract from, change or modify any of the terms of this Agreement. (d) The arbitrator so selected shall confer with the Superintendent a written request on behalf of and the Union and hold hearings promptly, and he/she shall issue his/her decision not later than twenty (20) calendar days from the Grievant close of hearings or if oral hearings have been waived, then from the date that the final statements and proof are submitted to enter into binding arbitrationhim/her. This request must be submitted within fifteen (15) working days of receipt of the Step Three answer. Arbitration proceedings The arbitrator's decision shall be conducted by an arbitrator to be selected by in writing and shall set forth findings of fact, reasoning and conclusions on the two parties from a roster of arbitrators provided by the American Arbitration Association. Within five (5) days after the Union requests binding arbitration, the two parties will request the American Arbitration Association provide a panel of seven (7) arbitrators. Each of the two parties will alternately strike one name at a time from the panel until only one (1) name shall remain. The remaining name shall be the arbitrator. Expenses for the arbitrator’s services shall be borne equally by the District and the Union. Each party shall bear the cost of its own representation. If only one party requests the services of a court reporter that party shall bear the cost of these services. If the other party desires a copy of the transcript, the cost of the court reporters services shall be shared equallyissue submitted. The decision of the arbitrator shall be submitted to the Superintendent and the Union and shall be final and binding on the parties. . (e) The arbitratorcosts for the services of the arbitrator including per diem expenses, in his/her opinionif any, and the cost of the hearing room, if any, shall not amend, modify, nullify, ignore or add to the provisions of the Agreementbe borne equally. The arbitrator’s authority Any other expenses incurred shall be strictly limited to deciding only the issue or issues presented to him/her in writing paid by the District and the Union and his/her decision must be based solely and only upon his/her interpretation of the meaning or application of the express relevant language of the Agreementparty incurring such expense.

Procedure Step One. It (a) A grievant may initially discuss the matter identified as a grievance with the immediate superior in an attempt to settle the grievance informally. This is desirable for a Bargaining Unit Member not intended to extend the time limitation as set forth in Section B, sub-section 1. STEP TWO: (a) A grievant shall file his grievance in writing by presenting the written grievance to the immediate superior and forwarding copies to the Superintendent and the Association. (b) The grievant and the immediate supervisor superior shall meet in an attempt to resolve problems through free and informal communications. Therefore, before a Grievance the grievance not later than seven (7) calendar days following the date on which it is filed, the Bargaining Unit Member or the Union . (c) The immediate superior shall discuss the claim with the most immediate supervisor. Step Two If the complaint cannot be resolved informally, the Bargaining Unit Member or the Union shall file the Grievance in writing with the immediate supervisor, who shall certify by signature the date and hour the Grievance was received. This certification shall be witnessed by the Grievant. The written Grievance shall state the nature of the Grievance, shall note the specific clause or clauses of the Agreement which are applicable and shall state the remedy requested. The filing of the formal written Grievance must be within ten (10) working days from the date of the occurrence of the event giving rise to the Grievance or within ten (10) working days of when the Grievant should have reasonably known of the event which gave rise to the Grievance. The supervisor shall make a communicate his decision on the Grievance and communicate it in writing to the Grievant grievant not later than seven (7) calendar days following the hearing. A copy of the decision shall also be forwarded, at the same time, to the Superintendent and the Superintendent within ten Association. STEP THREE: (10a) working days after receipt of If the Grievance. Step Three In the event a Grievance grievance has not been satisfactorily resolved at step two of the second stepprocedure, the Grievant shall file, within ten (10) working days grievant may request a hearing of the immediate supervisor’s written decision at Step Two, a copy of the Grievance with the Superintendent. Within ten (10) working days after receipt of the Grievance his grievance by the Superintendent or his designated representative. This shall be done not later than seven (7) calendar days following the principal's decision. (b) The grievant and Superintendent or his designated representative shall meet with the Grievant in an attempt to resolve the Grievance. grievance not later than seven (7) calendar days following the date on which the hearing was requested. (c) The Superintendent or his designated representative shall file an answer within ten (10) working days of the third step Grievance meeting and communicate it his decision in writing to the Grievant grievant not later than thirty (30) calendar days following the hearing. A copy of the decision shall also be forwarded, at the same time, to the Association. STEP FOUR: (a) In the event the grievant is dissatisfied with the determination of the Superintendent aforesaid, and in the immediate supervisor. Step Four If further event that the Grievance is not satisfactorily resolved at Step Threegrievance involves the interpretation or application of this contract, the Grievance matter may proceed be submitted to binding arbitration. The Union grievant shall request in writing that the Association submit his grievance to the Superintendent a written request on behalf of the Union and the Grievant to enter into binding arbitration. This If the Association decides the grievance is meritorious, it may submit the grievance to arbitration. A request must for arbitration shall be submitted within made in writing no later than fifteen (15) working days of receipt following the determination of the Step Three answerSuperintendent. Arbitration proceedings Failure to request arbitration within said period of time shall be conducted by constitute an absolute bar to such arbitration unless the Superintendent and the Association shall mutually agree upon a longer time period within which to assert such a demand. (b) The Superintendent may also request arbitration concerning any dispute regarding the interpretation or application of this Agreement. The time limits applicable to the Association are also applicable to the Superintendent. (c) The arbitrator shall have no power or authority to be selected by add to, subtract from, change or modify any of the two parties from a roster terms of arbitrators provided by the American Arbitration Association. this Agreement. (d) Within five fourteen (514) calendar days after the Union requests binding Association shall have delivered the written request for arbitration, the two parties will request the American Arbitration Association provide a panel of seven (7) arbitrators. Each of the two parties will alternately strike one name at a time from the panel until only one (1) name shall remain. The remaining name shall be the arbitrator. Expenses for the arbitrator’s services shall be borne equally by the District Superintendent and the Union. Each party Association shall bear the cost of its own representation. If only one party requests the services of attempt to agree upon a court reporter that party mutually acceptable arbitrator and shall bear the cost of these servicesobtain a commitment from said arbitrator to serve. If the other party desires parties are unable to agree upon an arbitrator or to obtain such a copy commitment within the specified time period, a request for a list of arbitrators shall be made from the Public Employment Relations Commission. The parties shall then be bound by the rules and procedures of the transcriptPublic Employment Relations Commission in the selection of an arbitrator. (e) The arbitrator so selected shall confer with the Superintendent and the Association and hold hearings promptly, and he shall issue his decision not later than twenty (20) calendar days from the cost close of hearings, or if oral hearings have been waived, then from the court reporters services date that the final statements and proof are submitted to him. The arbitrator's decision shall be shared equallyin writing and shall set forth his findings of fact, reasoning and conclusions on the issue submitted. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding on the parties. . (f) The arbitratorcosts for the services of the arbitrator including per diem expenses, in his/her opinionif any, and the cost of the hearing room, if any, shall not amend, modify, nullify, ignore or add to the provisions of the Agreementbe borne equally. The arbitrator’s authority Any other expenses incurred shall be strictly limited to deciding only the issue or issues presented to him/her in writing paid by the District and the Union and his/her decision must be based solely and only upon his/her interpretation of the meaning or application of the express relevant language of the Agreementparty incurring such expense.