Procedure. A grievance shall be presented and adjusted in the following manner: 1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2. 2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting. 3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting. 4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 - The grievant shall present a grievance orally parties in interest acknowledge that it is usually most desirable for an employee and his/her immediately involved supervisor to his immediate administrator within a reasonable time, but in no event longer than fifteen resolve problems through free and informal communications. Within twenty (1520) school days after knowledge by the staff member of the facts giving rise to the act last occurrence or condition incident which is the basis of his/her the complaint, the grievant may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within four (4) days after receipt of the grievance. The grievant and/or the Association and the immediate administrator supervisor shall confer be present for the meeting. The supervisor shall provide the aggrieved party and the Association with a view written answer to arriving at a mutually satisfactory resolutionthe grievance within three (3) days after the meeting. Such answer shall include the reasons upon which the decision was based.
Step 2 - If the grievance grievant is not resolved satisfied with the disposition of his/her grievance at Step 1, or if no decision has been rendered within six (6) school days after the presentation of the grievance, then the grievant shall reduce the grievance to writing and submit the same may be referred to the Step 1 administrator Superintendent or his/her official designee within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee receipt of the appeal. The Superintendent shall schedule arrange for a meeting hearing with the grievantgrievant and/or the Association, to take place within five (5) days of his/her receipt of the appeal. The parties in interest shall have the right to include in the representation such witnesses and such meeting shall be held and a counselors as they deem necessary to develop facts pertinent to the grievance. Upon conclusion of the hearings the Superintendent will have five (5) days to provide his/her written decision in writing to the Association.
Step 3 - If the grievant is not satisfied with the disposition of his/her grievance at Step 2 or if no decision has been rendered within five (5) days of the presentation of the grievance to the Superintendent the grievance may be referred to the school daysboard. In The grievant may present the event that grievance in writing to the grievant's immediate administrator Secretary of the Board within five (5) days after the time limit of Step 2 has been exhausted. The grievant shall state in writing if the Board hearing is to be open or closed. The Board hearing and disposition of the hearing shall be concluded no later than fifteen (15) days after notification of grievance appeal has been received by the Secretary of the Board. Either party reserves the right to refuse to hold a Director III hearing and refer the grievance to Step 4.
Step 4 - Binding Arbitration
a. If the grievant is not satisfied with the disposition of his/her grievance at Step 3, or Area Executive Officerif the Board or grievant has waived Step 3, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the a decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at request in writing that the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall Association submit his/her findings grievance to arbitration. If the Association determines that the grievance involves the interpretation or application of factthe terms of this agreement, conclusions of law and recommendations it may by written notice to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing OfficerSuperintendent, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.fifteen
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Level One. A grievance shall lodged with the Transportation Director or the appropriate administrator must be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen ten (1510) school working days after knowledge by the staff member grievant could reasonably be assumed to have known of the facts event or action giving rise to the act or condition which is the basis of his/her alleged grievance. Continuing grievances shall be recognized. The grievant and the immediate administrator grievance conference shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator occur within five (5) school days, but in no event should days after the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievanceis filed. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting grievant shall be held and accompanied by the local Representative and/or any other OAPSE agent. Level Two. In the event a decision in writing rendered grievance has not been satisfactorily resolved at Level One, the Association may file, within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision days of the foregoing step may be appealed in writing by Transportation Director's or of the grievant to appropriate administrator's written decision at Level One, a copy of the Step 2 administrator within grievance with the Superintendent. Within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of written grievances is filed, the foregoing step may be appealed in writing by grievant, the grievant Association Representative and the Principal, Superintendent and/or his designee shall meet to attempt to resolve the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been receivedgrievance. The CEO Superintendent or his designated representative designee shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or file his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after of the Level Two filing and communicate it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findingsgrievant and the Association. Level Three. If no responses are receivedthe aggrieved is not satisfied with the disposition at Level Two of the grievance procedure, he/she/they may initiate Level Three of this procedure. The Association may refer the grievance to the arbitrator by giving written notice to the Superintendent and/or the Board of its desire to do so within thirty (30) days. The parties will mutually agree to either AMS or FMCS. The arbitrator shall render its final decision be chosen from a list provided by the Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) within five thirty (530) school days after of the receipt of the Hearing OfficerAssociation's findingsrequest for arbitration. The Board and the Association shall split the cost of the list. Selection and hearing shall be in accordance with the voluntary rules and regulations of the FMCS or AMS. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to each party present at the hearing. The decision of the arbitrator shall be binding on both the Board and the Association. Renewal of limited contracts for employees may be taken through the grievance procedure, short of binding arbitration. Binding arbitration is specifically excluded from application to disputes over the renewal of employees whose contracts are in a noncontinuing status. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the final decision or in any way interfere with management prerogatives involving Board discretion nor limit or interfere in any way with the powers, duties and rules and regulations having the force and effect of law. The cost for arbitration shall be paid by the losing party. The arbitration cost incurred by each party to the arbitration shall be paid by that party. In a case where there is no clear losing party, the arbitrator has the right and duty to apportion the costs to each party as that arbitration case dictates.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Level One. A grievance shall lodged with the Transportation Director or the appropriate administrator must be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen ten (1510) school working days after knowledge by the staff member grievant knew or should have known of the facts event or action giving rise to the act or condition which is the basis of his/her alleged grievance. The grievant and the immediate administrator Continuing grievances shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same be recognized but any relief afforded may be limited to the Step 1 administrator time period within which grievances are to be filed. The grievance conference shall occur within five (5) school days, but in no event should work days after the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievanceis filed. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting grievant shall be held and accompanied by the local Representative and/or any other OAPSE agent. Level Two. In the event a decision in writing rendered grievance has not been satisfactorily resolved at Level One, the Association may file, within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision work days of the foregoing step may be appealed in writing by Transportation Director's or of the grievant to appropriate administrator's written decision at Level One, a copy of the Step 2 administrator within grievance with the Superintendent. Within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school work days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of written grievances is filed, the foregoing step may be appealed in writing by grievant, the grievant Association Representative and the Principal, Superintendent and/or his designee shall meet to attempt to resolve the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been receivedgrievance. The CEO Superintendent or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer designee shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final his decision within five (5) school days after it has heard of the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses Level Two meeting and to the Hearing Officer's findingsgrievant and the Association. For all grievances except those protesting an employee’s termination the decision of the Superintendent at Level Two shall be the final decision in the grievance procedure. Level Three. Only grievance protesting an employee’s termination may be advanced to Level Three. If the aggrieved is not satisfied with the disposition at Level Two of the grievance procedure, he/she may initiate Level Three of this procedure. The Association may refer the grievance to the arbitrator by giving written notice to the Superintendent and/or the Board of its desire to do so within thirty (30) days of the date on the Level Two decision. The parties will mutually agree to either AMS or FMCS. The arbitrator shall be chosen from a list provided by the Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS). The Board and the Association shall split the cost of the list. Selection and hearing shall be in accordance with the voluntary rules and regulations of the FMCS or AMS. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to each party present at the hearing. The decision of the arbitrator shall be binding on both the Board and the Association, and the Bargaining Unit members. Renewal of limited contracts for employees may be taken through the grievance procedure, short of binding arbitration. Binding arbitration is specifically excluded from application to disputes over the renewal of employees whose contracts are in a noncontinuing status. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no responses authority to determine any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are receivednot directly essential in reaching the final decision or in any way interfere with management prerogatives involving Board discretion nor limit or interfere in any way with the powers, duties and rules and regulations having the force and effect of law. The Arbitrator shall have no power to add to, delete from, disregard or modify any of the terms of the Agreement. The cost for arbitration shall be paid by the losing party. The arbitration cost incurred by each party to the arbitration shall be paid by that party. In a case where there is no clear losing party, the Board shall render its final decision within five (5) school days after receipt of arbitrator has the Hearing Officer's findingsright and duty to apportion the costs to each party as that arbitration case dictates.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step One:
(1) A grievance may be initiated in one (1) of the following ways:
(a) The teacher may approach the building principal concerned and discuss the matter on his own behalf.
(b) The teacher may request that a representative of the Association accompany the teacher and in such case, the building principal shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
B. Step Two:
(1) In the event the grievance is not resolved in Step 1, the grievant may file a formal grievance, in writing, with the building principal on the form shown in Appendix A.
(2) The grievance form shall be presented filed in quadruplicate with one (1) copy for the Association, the grievant, the building principal, and adjusted in the following manner:school central office.
1. Immediate Administrator-Step 1 (3) The grievant shall present a grievance orally to his immediate administrator within a reasonable time(1) name the employee(s) involved, but in no event longer than fifteen (152) school days after knowledge by the staff member of state the facts giving rise to the act grievance, (3) identify the specific provisions of this Contract allegedly violated, misinterpreted, or condition which misapplied, (4) state the contention of the grievant with respect to the grievance, (5) indicate the specific relief requested, and (6) be signed by the employee(s).
(4) The form of grievance should be filed as soon as possible, but any grievance not presented, in writing, in Step 2 within thirty (30) days of the time the grievant knew, or reasonably should have known of the grievance, shall be deemed waived and shall not proceed.
(5) At the time of submission, the teacher may request a meeting with the building principal and the Association representative may accompany the grievant. If requested, such meeting shall take place within five (5) days after the request is made. In any event, within ten (10) days after receiving the basis of his/her written grievance. The , the building principal shall communicate his answer, in writing, to the grievant and the immediate administrator Association representative, and said answer shall confer with a view be attached to arriving at a mutually satisfactory resolution. the grievance.
C. Step Three:
(1) If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator teacher may, within five ten (510) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appealbuilding principal’s answer, appeal to the superintendent, or his designee, by filing the grievance and the principal’s answer, along with a written response of the teacher, if desired, with the Office of the Superintendent, which shall issue receipt thereof. The aggrieved party will receive at least two Any such response by the grievant shall be attached to the grievance.
(2) school day's notice At the time of such appeal, the teacher may request a meeting and an opportunity to be heard. The Step 1 administratorwith the superintendent, or his/her his designated representative, the Association representative may be present at accompany the meeting and state his/her viewsgrievant. Such meeting, if requested, shall take place within ten (10) days of the request. The Step 2 administratorsuperintendent, or his/her his designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possiblegive his answer, but not in writing, no later than five (5) school days after such meeting.
3. Area Executive Officer meeting is held, or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO if no meeting is held within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the written appeal properly filed with the Office of the Superintendent. Such answer shall be attached to the grievance.
D. Step Four:
(1) Within twenty (20) days after receipt of the decision in Step 3, the Association, upon written notice, may submit the grievance to advisory arbitration pursuant to the following procedure:
(a) The two (2) parties shall attempt to select an arbitrator by the Boardmutual agreement. Alternatively, PSASA may elect at the time of filing If they cannot agree on an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, arbitrator within ten (10) school days after notification is given, the completion arbitrator shall be selected by the American Arbitration Association in accord with its Rules, which shall likewise govern the arbitration hearing. The decision of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer arbitrator shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findingsadvisory only. The Board shall fully consider the advisory award at a regular or special meeting following the Association’s request and will render its final a decision within five regarding the evidence.
(5b) school days after it has heard The Board and the grievance, or, if the matter has been referred Association agree that neither party shall be permitted to a Hearing Officer, within five (5) school days after it has received the responses assert in such arbitration preceding any ground or to reply on any evidence not previously disclosed to the Hearing Officer's findings. If no responses are received, other party.
(c) The costs of the arbitration under this article shall be divided equally between the Board and the Association.
(d) The arbitrator shall render its final decision within five (5) school days after receipt have no power to add to, subtract from, disregard, alter, or modify any terms of the Hearing Officer's findingsthis Contract.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Master Contract
Procedure. A An employee and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be presented finally and adjusted in conclusively settled without stoppage of work by the following mannersteps:
1. Immediate Administrator-Step 1 The grievant employee shall present a formally take up the grievance orally to his immediate administrator with the Supervisor from whose decision it arose within a reasonable time, but in no event longer than fifteen ten (1510) school working days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. grievance arising.
Step 2 If the grievance is not resolved at Step 1, then the grievant shall reduce employee wishes to pursue the grievance to writing and submit further the same to the Step 1 administrator employee shall, within five (5) school days, but in no event should working days of having taken the grievance remain unresolved at up with the Supervisor in Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply 1, present such grievance in writing, on a form to be approved by the standard grievance form which shall contain City and the following information: - Name and position of the aggrieved employee - A statement of the grievanceUnion, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - Department Head. The corrective action requested - Signature of Department Head will provide a reply to the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In working days of receipt of the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2grievance.
2. Director IIIa) If, Area Executive Officer or Designee —Step 2 The decision of having received a reply from the foregoing step may be appealed in writing by Department Head, the grievant employee wishes to pursue the Step 2 administrator grievance further, the employee shall, within five (5) school working days after of receiving said reply, forward the decision completed grievance form to the Office of the Step 1 administrator or his designated representative has been receivedCity Manager. The Step 2 administrator or his/her designated representative Manager's Office shall meet with refer the grievant grievance to a Grievance Sub-Committee within five one (51) school days working day.
b) The Grievance Sub-Committee shall consist of receipt an appointee of the appeal. The aggrieved party will receive at least two (2) school day's notice Union and an appointee of the meeting and an opportunity City Manager.
c) The Grievance Sub-Committee shall have the right to be heard. The Step 1 administrator, or his/her designated representative, may be present at jointly investigate all aspects of the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant grievance and to interview the Step 1 administrator as soon as possibleGrievor, but not later than five (5) school days after such meetingthe Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
3. Area Executive Officer or Designee —Step 3 d) The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. BoardGrievance Sub-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing OfficerCommittee shall, within ten (10) school working days after from the completion time of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard receiving the grievance, orcommunicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, if or its failure to agree, to the matter has been referred Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to a Hearing Officerpursue the grievance further, it shall, within five (5) school working days after it has received of receiving said reply, refer the responses matter in writing to the Hearing Officer's findingsCity Manager. If no responses are received, The City Manager or his designate shall provide a written response to the Board shall render its final decision Union within five (5) school days after receipt of the Hearing Officer's findings.ten
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Procedure. A Step 1 - An attempt shall be made to resolve any grievance in informal, verbal discussion between the teacher and his or her principal or supervisor.
Step 2 - If the grievance cannot be resolved informally, the aggrieved teacher shall file the grievance in writing and, within ten (10) days time, discuss the matter with the appropriate principal or supervisor. An Association representative may accompany the teacher during the Grievance procedure. The written grievance shall be presented and adjusted in state the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member nature of the facts giving rise to grievance, shall note the act or condition specific clause which is the basis of his/her the grievance, and shall state the remedy requested. The grievant principal shall make a decision on the grievance and communicate it in writing to the teacher and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator Superintendent within five ten (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (2010) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement receipt of the grievance, including the relevant date .
Step 3 - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that a grievance has not been satisfactorily resolved at the grievant's immediate administrator is a Director III or Area Executive Officersecond step, then he/she the aggrieved teacher shall skip Step 2.
2. Director IIIfile, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five ten (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (510) school days of receipt the principal's or supervisor's written decision at the second step, a copy of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet grievance with the grievant within five (5) school days of receipt of the appealSuperintendent. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than Within ten (10) school days after such meeting.
4. Board-Step 4 The decision of written grievance is filed, the foregoing step may be appealed in writing by teacher and the aggrieved party Superintendent or his designee shall meet to resolve the Board within five (5) school days after the decision of the CEO or his/her designated representative has been receivedgrievance. The Board may hear the appeal Superintendent or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance his designee shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing file an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, answer within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx third step grievance meeting and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations communicate it in writing to the Boardteacher and the principal or supervisor.
Step 4 - If the Association is not satisfied with the disposition of the grievance at Step 3, it may within thirty (30) days of the Step 3 response submit the grievance to final and binding arbitration. The findings arbitration proceeding shall be conducted under the auspices of the Hearing Officer Federal Mediation and Conciliation Service. Expenses for the Arbitrator's services shall be distributed to both partiesborne equally by the School District and the Association. Either party The Arbitrator, in his opinion, shall have the right to submit a written response not amend, modify, nullify, ignore, or add to the Board within five (5) school days after receipt provisions of the findingsAgreement. The Board His authority shall render its final be strictly limited to deciding only the issue or issues presented to him in writing by the School District and the Association and his decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt must be based solely and only upon his interpretation of the Hearing Officer's findingsmeaning or application of the express relevant language of the Agreement.
Appears in 4 contracts
Samples: Professional Negotiations Agreement, Professional Negotiations Agreement, Professional Negotiations Agreement
Procedure. A. Step I A grievant shall first discuss the grievance with the appropriate immediate supervisor. This meeting shall be presented on an informal basis and adjusted in the shall be held within ten (10) days following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her for the grievance. The grievant and shall let it be known that the immediate administrator meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall confer with be submitted to a view Union Grievance Committee composed of one representative from each classification for approval prior to arriving at a mutually satisfactory resolution. going to the Step II level.
B. Step II If the grievance is not resolved at by the informal procedure Step 1I, then or if the grievant shall reduce elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance to writing and submit form, the same grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the Step 1 administrator immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position such meeting by completing Step II of the aggrieved employee - A statement of the grievance, including the relevant date - A reference Grievance Report Form and returning a copy to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, the Union and such meeting the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall be held complete Grievance Report Form, Step III, and a decision in writing rendered submit same to the Superintendent within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision days of the foregoing step may be appealed in writing by the grievant receipt of its disposition at Step II. Failure to the Step 2 administrator file such appeal within five (5) school days after the decision from receipt of the written disposition at Step 1 administrator or his designated representative has been receivedII shall constitute a waiver of the right to appeal. The Step 2 administrator or his/her designated representative shall meet with the grievant within five Within ten (510) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of grievance form, the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative Superintendent shall meet with the grievant within five (5) school days of receipt of the appealgrievant. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than Within ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by meeting, the aggrieved party to the Board within five (5) school days after the decision of the CEO or Superintendent shall write his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt disposition of the appeal grievance by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit completing his/her findings portion of factStep III, conclusions of law and recommendations forwarding a copy to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are receivedgrievant, the Board shall render its final decision within five (5) school days after receipt of Union and the Hearing Officer's findingsimmediate supervisor.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered a maximum and every effort should be made to expedite the process. Any grievances not appealed within the time limits set forth below shall be considered settled on the basis of the last decision. If an answer to a grievance is not received within the time limits set forth below, it may automatically be appealed to the next level. The time limits specified may, however, be extended by mutual agreement. Within twenty (20) days of an event or condition or the teacher's knowledge of the event, that the teacher considers to be a grievance, he/she may file a written grievance by completing Step I of a Grievance Report Form and submitting it to his/her immediate supervisor. If no grievance is filed within the specified time, the grievance shall be presented considered waived. Within five (5) days of the filing of the grievance, a hearing shall be arranged between the grievant, the immediate supervisor, and adjusted in Association representative, and other parties who may be needed to give information relative to the following manner:
1claim. Immediate AdministratorThe written disposition shall be given to the aggrieved and the Association within ten (10) days of the hearing. DocuSign Envelope ID: 22C4B649-Step 1 The 47B2-43A6-94B5-1EF2E9B1A864 If the grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge is not satisfied by the staff member disposition of the facts giving rise to immediate supervisor, he/she may continue the act grievance with the Superintendent or condition which is the basis of his/her designated representative within five (5) days after the disposition in Level One, by completing Step 2 of the Grievance Report Form and submitting it to the Superintendent or his/her designee. Within the next ten (10) days a hearing shall be arranged between the grievant, the Superintendent or his/her designated representative (who must be someone other than the grievant's immediate supervisor), and a representative of the Association and other parties that may be needed to give information relative to the claim. In the event a grievance involves the Superintendent or his/her designee, as being a "party of interest" against whom action might be taken, the Level Two hearing shall be conducted by another administrator designated by the Superintendent. The written disposition shall be given to the grievant and the Association within ten (10) days of the Level Two hearing. Any grievances alleging a violation of either evaluation procedure shall be initiated at Level Two. If the grievant is not satisfied with the disposition on Level Two, he/she may request that the issue be presented at a mediation conference, which shall be presided over by a mediator provided by the Federal Mediation and Conciliation Services. Such request must be made in writing within five (5) days after the grievant receives the Level Two disposition. Mediation conferences will be scheduled at the earliest date that the mediator, the parties and their representatives are reasonably available for such purpose. Mediation conferences will be held at the Board offices or at such other suitable place as the mediator directs. Mediation conferences will be conducted informally. No record of the conference will be made and everything said at the mediation conference by the parties and their representatives will be regarded as settlement discussions. The mediator shall have the authority to meet separately with any person or persons having knowledge of the grievance. The grievant mediator will keep confidential anything stated to him in a private session, unless the person or persons involved agree otherwise. If the parties resolve the grievance through mediation, they shall reduce the terms of their settlement agreement to writing. Unless the Administration and the immediate administrator Association agree otherwise, the resolution of the grievance through mediation shall confer with be on a view to arriving at a mutually satisfactory resolution"no-precedent" basis. The costs of grievance mediation shall be shared equally by the Association and the Board. DocuSign Envelope ID: 22C4B649-47B2-43A6-94B5-1EF2E9B1A864 If the grievance is not resolved at Step 1the Level Three mediation conference, then the grievant shall reduce Association may request that the grievance issue be submitted to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievancearbitration. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall Such request must be held and a decision made in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion Level Three mediation conference is concluded. Upon the filing of such request with the Superintendent, the Board and the OEA Labor Relations Consultant or the Consultant’s designee shall jointly request a panel of nine (9) arbitrators from the American Arbitration Association, from which names shall be alternately stricken by the parties. The last name remaining on the list shall be appointed to hear the grievance. The costs of grievance arbitration shall be paid by the unsuccessful party (the Association or the Board) unless the grievance is sustained in part and denied in part, in which case the costs of the hearing or receipt of documents submitted arbitration shall be shared equally by Xxxxxxxxx the Association and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party arbitrator shall have the right authority to consider only a single grievance unless the parties mutually agree to submit more than one grievance involving a written response common question of fact. The arbitrator's decision shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be binding on all parties. The arbitrator shall not have the authority to add to, subtract from, modify, change, or alter any of the provisions of this Agreement, nor add to, detract from, or modify the language therein in arriving at a determination of any issue presented within the limitations expressed herein. The arbitrator shall in no way interfere with management prerogatives involving Board's discretion, nor limit or interfere in any way with the powers, duties, and responsibilities of the Board within five (5) under its policies, applicable law, and rules and regulations having the force and effect of law. Any teacher involved in the arbitration will be excused with full pay for the hearing during school days after receipt hours if the hearing is held at such a time. Absences of teachers to attend such hearing shall be charged against Association Leave, except for the grievant, the Association representative, and arbitrator requested witnesses, who are members of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsbargaining unit.
Appears in 4 contracts
Samples: Professional Agreement, Professional Agreement, Professional Agreement
Procedure. A The purpose of this procedure is to secure, at the lowest possible level, solutions to the problems which may arise from time to time affecting employees. Both parties agree that these proceedings will be kept informal and confidential.
1. Failure at any step of this procedure to communicate the decisions on a grievance within the specified time limits shall permit the grievant to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step. It is understood that a grievant shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Board until such grievance and any effect thereof shall have been fully determined.
2. Before a grievance shall be presented initiated, the employee and adjusted in his/her representative shall meet with the following manner:
1Principal (or the appropriate Administrator, hereinafter "Principal") to discuss, informally, a possible resolution of the problem. Immediate Administrator-Step 1 The grievant This meeting shall present a grievance orally to his immediate administrator be held within a reasonable time, but in no event longer than fifteen two (152) school days of this request. No grievance may be filed until forty-eight (48) hours after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her this meeting. A grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator if any, must be filed within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved date that the employee - A statement knew or should have known of its occurrence. He/she shall initiate a grievance, in writing, to the Principal specifying:
a. the nature of the grievance, including .
b. the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2grievance.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of c. the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been receivedremedy requested. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, Principal shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearingdecision, in accordance writing, with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, reasons given within ten (10) school days after the completion receipt of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Boardgrievance.
3. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within grievant, no later than five (5) school days after receipt of the findingsPrincipal's decision, may appeal the Principal's decision to the Superintendent of Schools. The Board shall render its final decision appeal to the Superintendent must be in writing, reciting the matter submitted to the Principal as specified above. The Superintendent shall, within five ten (510) school days after it has heard receipt of the grievance, orcommunicate his/her decision, if the matter has been referred to a Hearing Officerin writing, within five (5) school days after it has received the responses to the Hearing Officer's findingsgrievant. Reasons shall be given.
4. If the grievance is not resolved to the satisfaction of the grievant, he/she, no responses are received, the Board shall render its final decision within later than five (5) school days after receipt of the Hearing OfficerSuperintendent's findingsdecision, may request a review by the Board of Education. The request shall be in writing and sent to the President of the Board of Education with copies to the Superintendent of Schools and the Board Secretary. The Board, or committee thereof, shall hold a hearing with the grievant and his/her representatives within ten (10) school days of the receipt of the request. The Board shall submit its decision to all parties of interest no later than twenty-five (25) school days after the said hearing. Reasons for the decision shall be given.
5. Decisions of the Superintendent in the following matters shall be final and such decisions shall not be subject to appeal to the Board:
a. any matter for which a method of review is prescribed by law.
b. any rules or regulations of the State Commissioner of Education.
c. policies and regulations of the Board of Education.
d. any matter which, according to law, is either beyond the scope of Board authority or limited to action by the Board alone.
e. a complaint of a teacher assistant, library clerk, secretary or of a non-tenured teacher which arises by reason of his/her not being re-employed.
f. a complaint by a grievant occasioned by lack of appointment to, or lack of retention in, any position for which tenure is either not possible or not required.
6. Any of the provisions of this contract that are contingent upon the approval of the Superintendent or the Board of Education; i.e., tuitions, reimbursement, leaves of absence, etc., shall not have the decision involved considered grievable beyond the Board of Education if reasons are given.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:A. Level One
1. Immediate Administrator-Step 1 The grievant shall present As soon as the employee becomes aware of an event, which leads to a grievance orally to his immediate administrator within a reasonable timegrievance, but in no event longer than fifteen (15) school days after knowledge by the staff employee or one designated member of a group having a grievance, shall request that a meeting be held with the facts giving rise to the act or condition which is the basis of his/her grievanceparticular administrator involved. The grievant purpose of this meeting shall be an attempt to resolve the matter informally. Persons proper to be present at this meeting shall include the particular administrator involved, the aggrieved teacher and/or teachers, and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutiontheir representatives.
2. If the grievance is not resolved at Step 1by the particular administrator involved, then it shall be reduced to writing, signed by the grievant shall reduce the grievance to writing grieving, and submit the same submitted to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference informal conference. The administrator shall give to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a grievant his decision in writing rendered within five (5) school daysdays after the grievance has been submitted to him, in written form, with his conclusion and reasons for such conclusion clearly written thereon.
B. Level Two (Superintendent)
1. In the event that the grievantadministrator's immediate written decision, as set forth in Level One, shall be unsatisfactory, the grieving shall appeal the grievance to the Superintendent, in writing, within five (5) school days after the Principal's decision has been given in Level One. The Superintendent or designee shall schedule a meeting within five (5) school days with the aggrieved teacher, the teacher’s representative, and the administrator is involved, to discuss the appealed grievance. The Superintendent or designee shall submit, to the grieving, a Director III or Area Executive Officerdecision, then he/she shall skip Step 2.
2in writing, on the grievance form within five (5) school days after the meeting. Director III, Area Executive Officer or Designee —Step 2 The written decision of the foregoing step may Superintendent must contain reasons for the conclusion.
C. Level Three (Board of Education)
1. If the decision of the Superintendent shall be appealed in writing by unsatisfactory, the grievant grieving shall have the right to appeal to the Step 2 administrator Board of Education for a hearing of the case. Request for such a hearing before the Board must be made to the President of the Board, in writing, within five (5) school days after the decision has been submitted by the Superintendent to the grieving in Level Two of the Step 1 administrator or his designated representative has been receivedGrievance Procedure. The Step 2 administrator or his/her designated representative President of the Board shall meet arrange a meeting of the Board of Education to hear the appealed grievance at the earliest possible date, however, the hearing with the grievant Board of Education shall be scheduled to be held within ten (10) school days from the date the President receives the request for appeal hearing from the grieving.
2. The Board of Education shall submit its decision, in writing, to the grieving(s) with a copy to the President of the Association within five (5) school days of receipt following the closing of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsaffix their signature thereto.
Appears in 4 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Procedure. A grievance Step 1. Any Player who believes that he has a justifiable Grievance shall first discuss the matter with a representative of his Club desig- nated to handle such matters, in an attempt to settle it. If the matter is not resolved as a result of such discussions, a written notice of the Grievance shall be presented and adjusted in to the following manner:
Club’s designated representative; provided, however, that for a Grievance to be considered beyond Step 1. Immediate Administrator-Step 1 The grievant , such written notice shall present a grievance orally to his immediate administrator be presented within a reasonable time, but in no event longer than fifteen (15a) school 45 days after knowledge by from the staff member date of the occurrence upon which the Grievance is based, or (b) 45 days from the date on which the facts giving rise of the matter became known or reasonably should have become known to the act Player, whichever is later. Within 10 days following receipt of such written notice (within 2 days if disciplinary suspension or condition which a Grievance involving Player safety and health), the Club’s designated representative shall advise the Player in writing of his decision and shall furnish a copy to the Asso- ciation. If the decision of the Club is not appealed further within 15 days of its receipt, the Grievance shall be considered settled on the basis of his/her grievance. The grievant that decision and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 be eligible for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip further appeal.
Step 2.
. A Grievance, to be considered in Step 2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may shall be appealed in writing by the grievant Grievant or by the Association to a designated represen- tative of the LRD within 15 days following receipt of the Club’s writ- ten decision. Grievances which involve (a) more than one Club, or (b) a Player who is not under contract to a Club that is party to the Griev- ance, may be filed initially in Step 2, provided that written notice of the Grievance shall be presented to the designated representative of the LRD within (a) 30 days from the date of the occurrence upon which the Grievance is based, or (b) 30 days from the date on which the facts of the matter became known or reasonably should have become known to the Player, whichever is later. A Grievance appealed to or filed at Step 2 shall be discussed within 35 days thereafter (within 2 days if disciplinary suspension or a Grievance involving Player safety and health) between representatives of the LRD and representatives of the Arbitration. Within 15 days following receipt of the Step 2 administrator decision, the Grievant or the Association may appeal the Grievance in writing to the Panel Chair for impartial arbitration. The Panel Chair shall set a time, date and place for hearing the appeal. The Panel Chair shall attempt to open the hearing within five (5) school days after one-year from the decision filing of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant Grievance (within five (5) school 5 days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of appeal if a disci- plinary suspension or a Grievance involving Player safety and health). If the meeting and Panel Chair cannot do so given previously scheduled hearings, the Panel Chair shall direct that the Grievance be assigned to an opportunity Alter- nate Panel Chair, unless one of the Parties objects. In response to an objection, the Panel Chair shall select Grievance(s) to be heardassigned to particular Alternate Panel Chair(s) so that hearings for all Grievances will open within one year of filing. The Step 1 administrator, or his/her designated representative, may A case heard by an Alternate Panel Chair shall be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision conducted by a tripartite panel if either Party elects in advance of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision opening of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meetinghearing.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 4 contracts
Samples: Basic Agreement, Basic Agreement, Basic Agreement
Procedure. A Step 1: Grievances must be taken up promptly, and no grievance shall will be considered or discussed which is presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer later than fifteen Ten (1510) school calendar days after knowledge by the staff member EMPLOYEE knew or should have known of the facts occurrence of the event giving rise to the act grievance. Should any grievance arise, there should be an xxxxxxx effort on the part of the parties to settle such grievance through an informal conference between the aggrieved EMPLOYEE or condition which UNION representative or both and the EMPLOYEE'S most immediate supervisor. Said informal conference is to take place within Ten (10) calendar days of the basis presentation of his/her the grievance. The grievant and immediate supervisor shall provide his decision within Ten (10) calendar days following the informal conference.
Step 2: If the EMPLOYEE or the UNION disagrees with the decision of the immediate administrator shall confer supervisor and desires to proceed with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1grievance, then within Ten (10) calendar days of when the supervisor's decision was rendered or should have been rendered, the grievant shall reduce the grievance to writing and submit present the same grievance to the Step 1 administrator within five (5) school dayssenior officer in charge of the division or battalion. If the senior ranking officer is the immediate supervisor, but in no event should then the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievanceshall be conveyed to the Fire Chief. PSASA shall supply the standard The written grievance form which shall contain the following information: - Name and position of the aggrieved employee - following:
(a) A complete statement of the grievance, including grievance and the relevant date - A reference to the applicable provisions facts upon which it is based.
(b) The section or sections of this Agreement and/or Board policy, if any - claimed to have been violated.
(c) The corrective action requested - Signature remedy or correction requested.
(d) The signature of the aggrieved employee - Date submitted and time grievant.
(e) The Step 1 administrator signature of a UNION Officer acknowledging the Union's awareness of the grievance.
(f) Identification of person representing the grievant (Union official or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days). In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision senior officer of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator division or battalion shall provide his written decision within five Ten (510) school calendar days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of from receipt of the appealgrievance. If the grievance is presented to the Fire Chief at this step, Step 3 of this grievance process shall govern the Fire Chief’s response.
Step 3: If the grievance remains unresolved following the action taken by the senior officer at Step 2, the grievant may, within Ten (10) calendar days following the senior officer's decision, present the written grievance to the Fire Chief. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, Fire Chief shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than have ten (10) school calendar days after such meetingin which to render a written decision.
Step 4. Board-Step 4 The decision of : If the foregoing step may be appealed in writing grievance remains unresolved following the action taken by the aggrieved party to Fire Chief at Step 3, the Board UNION may, within five Ten (510) school calendar days after the decision Fire Chief rendered or should have rendered a decision, submit the grievance to arbitration under the Rules of the CEO or his/her designated representative has been receivedPublic Employee Labor Relations Board (“PELRB”). The Board may hear If the appeal or UNION fails to submit said grievance to arbitration, it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents deemed abandoned and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer no further action shall be distributed taken with respect to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the such grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A All employees who have problems concerning their job or its activities shall refer them to their immediate superior for any initial action of adjustments. If the problem cannot be resolved, the alleged grievance shall should be presented and adjusted in discussed at the following mannerGrievance Committee. If the Committee deems the grievance meritorious, the grievance should be processed as follows:
1. Immediate Administrator-Step Level 1 The grievant aggrieved party shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen ten (1510) days school days after knowledge by the staff member business of when he/she knew or should have know of an alleged violation of the facts giving rise Agreement, orally present his/ her grievance to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator supervisor who in turn shall confer in turn render his/her decision or take appropriate action with a view to arriving at a mutually satisfactory resolutionthree (3) school days. If the grievance is still not resolved at Step 1resolved, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference party should proceed to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
Level 2. Director III, Area Executive Officer or Designee —Step Level 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be shall present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her a written decision together with supporting reasons grievance report to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO superintendent within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) days school business of orally presenting his/her grievance pursuant to Level 1. The Superintendent shall in turn have seven (7) school business days after such meeting.
4to render his/her decision or take appropriate action. Board-Step 4 The decision superintendent shall also furnish a written report of his/her action or disposition of the foregoing step may be appealed in writing by case. If the grievance is still not resolved at Level 2, the aggrieved party should proceed to level 3. Level 3 If the grievance is not settled at Level 1 or Level 2 a written request from the grievance shall be made to the superintendent requesting that the grievance be heard by the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said BoardEducation. The grievance shall be heard fifteen (15) school days after presented to the receipt Board of Education for their consideration no earlier than two weeks from the date of the appeal by request or at the next regular meeting of the Board of Education. A written summary of the Board. Alternatively, PSASA may elect at ’s action shall be given to the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, aggrieved party within ten (10) school business days after the completion of the hearing or receipt of documents submitted consideration by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present STEP ONE An employee with a grievance as herein above defined shall, within seven (7) calendar days of its alleged occurrence, orally discuss the grievance with the Assistant Superintendent of Personnel in an attempt to his immediate administrator resolve same. If no resolution is obtained within a reasonable time, but in no event longer than fifteen seven (157) school calendar days after knowledge by the staff member oral discussion with the Assistant Superintendent of Personnel, the employee shall, within fourteen (14) calendar days of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1alleged violation, then the grievant shall reduce the grievance to writing and submit deliver it through the same XXX representative to the Step 1 administrator within five Assistant Superintendent of Personnel. Within seven (57) school dayscalendar days of receipt of the written grievance, but the Assistant Superintendent of Personnel shall meet with a XXX representative in no event should an attempt to resolve the grievance. Within seven (7) calendar days of such meeting, the Assistant Superintendent of Personnel shall deliver a written disposition of the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions XXX within the time limits as herein provided, or if the Assistant Superintendent of this Agreement and/or Board policyPersonnel’s written answer is deemed unacceptable by the grievant and the XXX, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step grievance may be appealed in writing by the grievant XXX at Step Two. If the grievance is processed to Step Two, the XXX administrator shall, within fourteen (14) days from the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or One answer, submit his/her designated representative shall meet with written concern to the grievant within five (5) school days of receipt chairperson of the appeal. The aggrieved party will receive at least panel which is comprised of an elected representative from each level of Administration, (XXX Team two (2) school day's notice and Central Office one (1). If any member of the meeting and panel is an opportunity to be heard. The Step 1 administrator, or hisinterested party in the concern he/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance she shall be heard fifteen (15) school days after the receipt of the appeal replaced by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed administrator mutually acceptable to both parties. Either party Within fourteen (14) days from the occurrence of the grievance appeal, said panel shall have convene and hear evidence from both the right XXX administrator and the Central Office. All evidence relative to submit the concern or defense is admissible. Within seven (7) days of the appeal, the Chairperson of the committee shall deliver to the Superintendent of Schools, a written response to the Board within five (5) school days after receipt statement of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt majority opinion of the Hearing Officerpanel. This statement shall briefly state the:
1. issues involved in the grievance 2. credible facts supporting each party's findings.position
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Level One - Immediate Administrator-Step 1 Supervisor The grievant shall present a first discuss the grievance orally to his with the immediate administrator within a reasonable time, but in no event longer than fifteen supervisor with the objective of resolving the grievance. Within thirty (1530) school days after knowledge by the staff member date of the facts occurrence of the act or omission giving rise to the grievance, the grievant shall formally present his or her grievance in writing to his or her immediate supervisor. The written grievance shall include a clear, concise statement of the grievance, the circumstances involved, a listing of the provisions of the Agreement which are alleged to have been violated, and a statement of the action(s) requested of the District to resolve the grievance. Within ten (10) days after receipt of the written grievance, the immediate supervisor shall meet with the grievant, and the grievant’s representative if so desired. Within five (5) days thereafter, a written decision shall be given to the grievant. Level Two - Superintendent If the grievant is not satisfied with the decision at Level One, he or she may, within five (5) days, appeal the decision in writing to the Superintendent or his or her designee. The written grievance shall include a clear, concise statement of the grievance and the circumstances involved, a listing of the provisions of the Agreement which are alleged to have been violated, and a statement of the action(s) requested of the District to resolve the grievance. Within ten (10) days after receipt of the written grievance, the Superintendent or designee shall meet with the grievant and the grievant's representative. Within five (5) days thereafter, a written decision shall be given to the grievant. When the Association is considered to be the grievant, as defined in Section 1, Level Two shall be the initial step in the procedure. The Association shall formally present its grievance in writing to the Superintendent within thirty (30) days of the date of the occurrence of the act or condition which is omission giving rise to the basis of his/her grievance. The grievant written grievance shall include a clear, concise statement of the grievance and the immediate administrator circumstances involved, a listing of the provisions of the Agreement which are alleged to have been violated, and a statement of the action(s) requested of the District to resolve the grievance. The remaining time limits shall confer with a view to arriving be the same as for all other grievances filed at a mutually satisfactory resolutionLevel Two. Level Three - Arbitration If the grievance is not resolved at Step 1Level Two, then the grievant shall reduce the grievance to writing and submit the same may present a request for arbitration, in writing, to the Step 1 administrator Superintendent, within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal date the decision was rendered at Level Two. As soon as practicable thereafter, or as otherwise agreed to by the Boardparties, an arbitrator shall hear the grievance. Alternatively, PSASA may elect at The parties shall either sign a joint issue submission statement or execute and sign separate alternate issue statements after discussion of the time issue(s). The fees and expenses of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, arbitrator shall in accordance with procedures (if any) established all cases be shared equally by the Board for such a reviewDistrict and the Association. In all matters referred to a Hearing Officer, within ten (10) school days after Arbitration hearings shall be in private. The arbitrator shall be selected by the completion mutual agreement of the hearing or receipt parties. If the parties cannot agree upon an arbitrator, a list of documents submitted seven (7) names shall be requested from the American Arbitration Association (AAA), and selection shall proceed by Xxxxxxxxx and AppelleeAAA rules. Should this process fail to yield a selection, the Hearing Officer parties shall submit his/her findings request a second list of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.seven
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
Step 1. Immediate Administrator-Step 1 The grievant shall present An employee and his union representative having a grievance orally to must meet with his immediate administrator within supervisor for a reasonable timesimple direct decision, but in no event longer than fifteen (15) school days after knowledge by if possible. If “Step 1” does not resolve the staff member of grievance, the facts giving rise immediate supervisor will issue his written answer to the act or condition which is grievance within seven (7) City business days. Nothing in this agreement prohibits the basis of his/her grievance. The grievant and the immediate administrator shall confer with Union from filing a view to arriving at grievance on a mutually satisfactory resolutionmember’s behalf.
Step 2. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance desires to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of further process the grievance, including the relevant date - A reference it shall be referred in writing to the applicable provisions Fire Chief, or his designee, within seven (7) City business days of this Agreement and/or Board policy, if any - The corrective action requested - Signature receipt of the aggrieved employee - Date submitted and time “Step 1” response. The Step 1 administrator or his/her designee shall schedule a meeting with the grievantFire Chief, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative designee, shall meet with the grievant and his union representative within five seven (57) school City business days of receipt of the appealreferral. The aggrieved party will receive at least two Fire Chief, or his designee, shall issue his written answer to the grievance within ten (210) school day's notice City business days of receipt of the meeting and an opportunity grievance referral.
Step 3. If the grievant desires to further process the grievance, the grievance may be heardreferred in writing to the City Manager, or his designee, within seven (7) City business days of the receipt of the “Step 2” response. The Step 1 administratorCity Manager, or his/her designated representativehis designee, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant and/or his representatives within five seven (57) school City business days of receipt of the appealreferral. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO City Manager, or his designated representative designee, shall communicate his/her issue a written decision together with supporting reasons answer to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school City business days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findingsgrievance referral. If no responses are receivedthe Fire Chief, or the City Manager, appoints a designee under this Section, the Board designee shall render its final decision within five (5) school days after receipt of not be the Hearing Officer's findingssame supervisor who issued the prior written answer at the previous step, provided, however, that the informal meeting provided for in Section 5.2 does not prohibit any supervisor from participating in the later grievance procedure steps.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Step I, Class A & B: An employee shall first present his/her grievance to his/her supervisor for settlement. Such presentation shall be presented and adjusted in made within thirty (30) days following the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member occurrence of the facts event giving rise to the act grievance or condition which is first becoming known to the basis of employee. The supervisor shall, within seven (7) days thereafter, provide to the employee his/her answer to the grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. Step II, Class A & B: If the grievance is not resolved at Step 1to the grievant's satisfaction in accordance with the preceding sub-section, then the grievant shall reduce has seven (7) days from the answer in Step I or seven (7) days from the time an answer should have been provided in Step I, to move the grievance to forward by submitting it in writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievancegrievant's supervisor. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including grievance shall contain the relevant date - A following: (1) the facts on which the grievance is based; (2) a reference to the applicable specific provisions of in this Agreement and/or Board policy, if any - which have been allegedly violated; (3) the remedy sought. The corrective action requested - Signature parties have ten (10) days from submission of the aggrieved employee - Date submitted written statement of grievance to resolve it through meeting(s). A written statement indicating a disposition of the grievance shall be furnished to the aggrieved. Step III, Class A & B: If no settlement has been reached within the ten (10) days referred to in Step II, and time The Step 1 administrator the grievant believes the grievance to be valid, the grievant shall submit a written statement of his/her grievance to the District's Superintendent or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternativelywritten disposition in Step II, PSASA may elect at or fifteen (15) days from the time such disposition should have been due. After such submission, the parties will have fifteen (15) days to resolve the grievance through meetings. A written statement indicating a disposition of filing an appeal at the grievance shall be furnished the aggrieved. Step 4 to proceed through the submission of documents and without an evidentiary hearingIV, Class B Only: If no settlement is reached in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing OfficerStep III, Class B, within ten (10) school days after a specified or agreed time limit and the completion grievant believes the grievance to be valid, then a written statement of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer grievance shall be distributed to both parties. Either party shall have the right to submit a written response to the Board submitted within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.fifteen
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. 5.1 A grievance shall by a member or group of members will be presented and adjusted handled in the following manner:
1. Immediate Administrator-: Step 1 One - The grievant shall present member or group of members, who wish to voice a grievance orally to his immediate administrator within a reasonable timegrievance, but in no event longer than fifteen (15) school days after knowledge by may address the staff member of the facts giving rise concern to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionNKAAA Executive Board. If the grievance is not resolved at board supports the concern, the member may proceed to Step 1, then the Two. Step Two - The grievant shall reduce may address the grievance to writing and submit the same to the Step 1 administrator within five (5) respective school days, but in no event should athletic coordinator or that person’s school designee. Upon learning of the grievance remain unresolved at Step 1 for twenty (20) the school days after knowledge of grievanceathletic coordinator, or designee, will set up a meeting within three days. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a After meeting with the grievant, and such meeting shall be held and the school athletic coordinator, or designee, will deliver a decision in writing rendered within five (5) school four days. In Should the event that athletic coordinator and/or designee not resolve the grievance to the satisfaction of the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant has three days to the proceed to Step 2 administrator within five Three. Step Three A - (5Procedure for Middle School Grievance) school days after the decision of the Step 1 administrator or his designated representative has been received. - The Step 2 administrator or his/her designated representative shall meet grievant may file a grievance with the grievant within five (5) school days District Athletic Director. Upon learning of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, orthe District Athletic Director will schedule a meeting within three days. After meeting with the grievant, if the matter has been referred to District Athletic Director will deliver a Hearing Officer, decision within five (5) school days after it has received four days. Should the responses District Athletic Director not resolve the grievance to the Hearing Officer's findings. If no responses are receivedsatisfaction of the grievant, the Board shall render its final grievant has three days to proceed to Step Four. Step Three B - (Procedure for High School Grievance) - The grievant may file a grievance with the school administrator or designee. Upon learning of the grievance, the school administrator or designee will schedule a meeting within three days. After meeting with the grievant, the school administrator or designee will deliver a decision within five (5) four days. Should the school days after receipt administrator or designee not resolve the grievance to the satisfaction of the Hearing Officer's findingsgrievant, the grievant has three days to proceed to Step Four. Step Four – The grievant may file a grievance with the District Athletic Director. Upon learning of the grievance, the District Athletic Director will schedule a meeting within three days. After meeting with grievant, the District Athletic Director will deliver a decision within four days. Should the District Athletic Director not resolve the grievance to the satisfaction of the grievant, the grievant has three days to proceed to Step Five.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance A. All officers eligible for extra-duty overtime shall be presented and adjusted in listed on an Overtime Distribution List, with the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff most senior member of the facts giving rise department on top and the least senior member on the bottom.
B. The extra-duty assignment communications will be distributed via e-mail to department e-mail addresses and/or cellular phone text message addresses from a designated department e-mail address, currently titled “OT Desk.”
C. Upon determining there is a need to fill an extra-duty assignment, the extra-duty assignment will be distributed to all officers on the Overtime Distribution List, via e-mail and/or text message from the designated department e-mail address (OT DESK). Any officers interested in working the extra-duty assignment must respond before the specified deadline. The extra-duty assignment will then be distributed to the act or condition which is highest available position on the basis of his/her grievanceOvertime Distribution List. The grievant and officer will be notified via e-mail or text message he/she has been given the immediate administrator shall confer assignment. The officer must acknowledge the assignment before the specified deadline. The acknowledgment deadlines will depend upon the available time for communication, as follows: For extra-duty assignments more than seven (7) days out, notification from the designated department e-mail address will be with a view 48-hours to arriving at a mutually satisfactory resolutionrespond. The designated department e-mail address will notify the officer of the extra-duty assignment within 8-hours of the response deadline. The officer must acknowledge the assignment within 24-hours. If the grievance officer does not acknowledge the assignment by the response deadline, the extra-duty assignment will be given to the next eligible officer from the response list. For extra-duty assignments three (3) to seven (7) days out, notification from the designated department e-mail address will be made with 24-hours to respond. The designated department e-mail address will notify the officer of the extra-duty assignment within 8-hours of the response deadline. The officer must acknowledge the assignment within 24-hours. If the officer does not acknowledge the assignment by the response deadline, the extra-duty assignment will be given to the next eligible officer from the response list. For extra-duty assignments one (1) to three (3) days out, notification from the designated department e-mail address will be made with 2-hours to respond. The designated department e-mail address will notify the officer of the extra-duty assignment via direct communication within 2-hours of the response deadline. If direct communication is not resolved at Step 1possible (officer does not immediately answer phone, then e-mail or text), the grievant shall reduce the grievance to writing and submit the same extra-duty assignment will be given to the Step 1 administrator within five (5) school days, but in no event should next eligible officer from the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2response list.
2. Director IIID. Officers not assigned an extra-duty assignment will maintain their position on the Overtime Distribution List, Area Executive Officer regardless of their response or Designee —Step 2 The decision lack of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetingresponse.
3. Area Executive Officer or Designee —Step 3 The decision of E. When an officer is awarded an extra-duty assignment, the foregoing step may officer will not be appealed in writing by awarded another extra-duty assignment until all officers next on the grievant to list have by-passed (i.e. did not respond to) the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meetingextra-duty assignment opportunity.
4. Board-Step 4 F. The decision Overtime Distribution List will maintain six (6) columns of eligibility, representing six (6) opportunities for overtime before the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingslist resets.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance In the event of a recall, affected employees shall be presented and adjusted recalled in the following manner:order and manner described below.
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally First, employees who have exercised seniority within their classification by accepting another position equal to his immediate administrator within a reasonable timeor lower than the position from which they were laid off shall, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is on the basis of his/her grievanceseniority accrued within the classification, have the option of returning to the position they held at the time of layoff, if the position is reinstated.
2. Second, employees shall be recalled to the classification from which they were laid off in reverse order of the layoff, with the highest seniority employee being recalled first. This provision applies to employees who were laid off from the classification, as well as to employees who were also laid off from the classification, but who exercised their accrued seniority in another classification in which they had previously worked. Employees being recalled in accordance with this provision shall be eligible for any position within the classification which is lower than or equal to the position from which they were laid off based upon comparative wage rates, provided that they are qualified for the position when it is different from the position they held at the time of layoff.
3. The grievant and the immediate administrator recall of employees from layoff shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference be subject to the applicable provisions of this Agreement and/or Board policyArticle XIII, if any - The corrective action requested - Signature Section A.4, dealing with return from leaves of the aggrieved absence.
a. An employee - Date submitted and shall have a right to recall for a period of time The Step 1 administrator or equal to his/her designee shall schedule accumulated seniority at the time of layoff up to a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five maximum period of two (52) school days. years.
b. In the event an employee fails to report his/her intent to return to work, or fails to submit a written refusal of recall pursuant to Section 6 below, within seven (7) calendar days following the date of delivery of a written notice of recall, the employee shall be considered to have quit. Further, such an employee shall also be considered to have quit, in the event he/she fails to report to work within three (3) working days after the date he/she is scheduled to return to work.
4. In certain circumstances, employees may refuse recall by providing written notification of such refusal to the Board within the time limits set forth in Section 5 above.
a. In the event a secretary is laid off from a full time position and is recalled to a part-time position, or in the event the secretary is laid off from a part-time position and is recalled to a position of lesser time than that part-time position, the affected secretary may refuse the recall, and still retain his/her recall rights as provided in this Agreement if another laid-off secretary returns to the position. If it is necessary for the district to hire a secretary to fill the vacancy, the laid-off secretary will either need to return to the position or resign.
b. A paraprofessional may refuse recall to a position of lesser time than the position from which he/she was laid off, provided that the grievant's immediate administrator time difference between the two positions is an average of more than one (1) hour per day. A paraprofessional refusing recall in accordance with this provision shall retain his/her recall rights as provided in this Agreement if another laid-off paraprofessional returns to the position. If it is necessary for the district to hire a Director III paraprofessional to fill the vacancy, the laid-off paraprofessional will either need to return to the position or Area Executive Officerresign.
c. In the event a technology specialist is laid off from a full time position and is recalled to a part-time position, then or in the event the technology specialist is laid off from a part-time position and is recalled to a position of lesser time than that part-time position, the affected technology specialist may refuse the recall, and still retain his/her recall rights as provided in this Agreement if another laid-off technology specialist returns to the position. If it is necessary for the district to hire a technology specialist to fill the vacancy, the laid-off technology specialist will either need to return to the position or resign.
d. If an employee refuses recall to a part-time or lesser time position, he/she shall skip Step 2.
2. Director IIInot be eligible to displace the employee granted the part-time or lesser time position, Area Executive Officer even if such position becomes full time or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board hours are increased for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after position unless the completion of position becomes vacant and is available for employees on the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsrecall list.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Procedure. A grievance Grievances, as defined by Section 7.1, shall be presented and adjusted resolved in conformance with the following mannerprocedure:
Step 1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by An EMPLOYEE who feels that the staff member City has misinterpreted or misapplied any section of the facts giving rise AGREEMENT in dealing with that Employee, should discuss their claim with the Employee's immediate supervisor. This shall be done within fourteen (14) calendar days from the occurrence of the believed violation or from when the EMPLOYEE became aware of it. The EMPLOYEE shall submit the grievance in writing to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect supervisor at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearingdiscussion with the supervisor. The supervisor shall respond, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officerwriting, within ten (10) school days after from the completion date the grievance sheet was received. Every effort shall be made to settle the grievance at this step. Nothing shall prevent an EMPLOYEE from seeking guidance from the UNION at this step.
Step 2. If the dispute is not solved at Step 1 between the EMPLOYEE and the supervisor, then the EMPLOYEE should meet with the UNION and the dispute should be put in writing, stating the nature of the hearing or receipt of documents submitted by Xxxxxxxxx and Appelleegrievance, the Hearing Officer name or names of the EMPLOYEES involved, the provisions of this AGREEMENT believed violated and the remedy requested. This shall submit his/her findings of fact, conclusions of law and recommendations be submitted to the BoardEMPLOYER-designated Step 2 Representative within ten (10) calendar days of the Step 1 written response. The findings Step 2 Representative shall render an answer, in writing, within ten (10) days of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board Step 2 submittal and the answer shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses be transmitted to the Hearing Officer's findingsEMPLOYEE and the UNION.
Step 3. If no responses are receivedthe dispute is not solved by the Step 2 process, the Board written grievance with the information required in Step 2, shall render its final decision be presented to the EMPLOYER-designated Step 3 Representative. This shall be submitted within five ten (510) school days after of receipt of the Hearing Officer's findingsStep 2 answer. The Step 3 EMPLOYER- designated Representative shall render a written answer within ten (10) days from receipt of the Step 3 grievance and the answer shall be transmitted to the EMPLOYEE and the UNION. Where no EMPLOYER Step 3 Representative is appointed, the grievance shall progress from Step 3 to Step 4.
Step 4. A grievance unresolved in Step 3 may be appealed by the EMPLOYEE and the UNION to Step 4. Notification of intent to appeal to Step 4 shall be made within ten (10) days of receipt of EMPLOYER'S Step 3 answer. The UNION shall notify the Bureau of Mediation Services within ten (10) calendar days of the notice of appeal to the EMPLOYER that the UNION is submitting the matter to mediation. The UNION or the EMPLOYER may elect to participate in mediation prior to arbitration.
Step 5. A grievance unresolved in Step 4 through mediation may be appealed by the EMPLOYEE and THE UNION to Step 5. Notification of intent to appeal to Step 5 and filing for arbitration shall be made within ten (10) days of the conclusion of mediation. The selection of an arbitrator shall be made in accordance with the rules and regulations as established by the Bureau of Mediation Services or applicable law.
Appears in 3 contracts
Samples: Labor Agreement, Labor Agreement, Labor Agreement
Procedure. 1. Level One A grievance shall lodged with a principal or the appropriate administrator must be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen ten (1510) school working days after knowledge by the staff member grievant could reasonably be assumed to have known of the facts event or action giving rise to the act or condition which is the basis of his/her alleged grievance. Continuing grievances shall be recognized. The grievant and the immediate administrator grievance conference shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator occur within five (5) school days, but in no event should working days after the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievanceis filed. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting grievant shall be held and accompanied by the local Representative and/or any other OEA/NEA agent.
2. Level Two In the event a decision in writing rendered grievance has not been satisfactorily resolved at Level One, the Association may file, within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision working days of the foregoing step may be appealed in writing by Principal’s or of the grievant to appropriate administrator’s written decision at Level One, a copy of the Step 2 administrator within grievance with the Superintendent. Within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school working days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of written grievance is filed, the foregoing step may be appealed in writing by grievant, the grievant Association Representative and the Principal, Superintendent and/or his designee shall meet to attempt to resolve the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been receivedgrievance. The CEO Superintendent or his designated representative designee shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or file his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school working days after of the Level Two filing and communicate it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findingsgrievant and the Association.
3. Level Three If no responses are receivedthe aggrieved is not satisfied with the disposition at Level Two of the grievance procedure, he/she/they may initiate Level Three of this procedure. The Association and the aggrieved may refer the grievance to an arbitrator by giving written notice to the Superintendent and/or the Board of its desire to do so. The parties shall render its final decision file a joint request for a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) within five fifteen (515) school working days after of the appeal to arbitration. The cost of the list or obtaining the panel shall be paid by the losing party. The arbitrator shall be chosen from a list provided by the Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) within thirty (30) days of the receipt of the Hearing Officer's findingsFMCS list of arbitrators. Either party may reject one (1) list by notifying the other party prior to striking names. The party requesting the new list shall be responsible for the cost. Selection and hearing shall be in accordance with the voluntary rules and regulations of the FMCS or AMS. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to each party present at the hearing. The decision of the arbitrator shall be binding on both the Board and the Association.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance A. STEP ONE Within twenty (20) school days of the time that the grievant knew, or reasonably should have known, of the grievance, the grievant shall be presented and adjusted in present the following manner:grievance, either personally or accompanied by the local Area 30 Certified Employee Organization representative, to the Director orally. Within three (3) working days after the oral presentation of the grievance, the Director shall orally answer the grievant.
B. STEP TWO
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen Within three (153) school days after knowledge of the oral answer, if the grievance is not resolved, it shall be stated in writing, signed by the staff member of grievant and submitted to the Director on the form provided in Appendix A.
2. The grievance shall (1) name the employee involved, (2) state the facts giving rise to the act grievance, (3) identify the specific provisions of the Agreement alleged to be violated, (4) state the contention of the grievant with respect to the grievance and, (5) indicate the specific relief requested.
3. Within Five (5) school days after receiving the written grievance, the Director shall communicate his answer in writing to the grievant.
4. If, in the judgment of the Area 30 Employee Organization, a grievance affects a group or condition which is class of teachers, the basis of his/her grievance. The grievant Area 30 Certified Employee Organization may submit such grievance in writing to the Director or his designee directly and the immediate administrator processing of such grievance shall confer with a view to arriving be commenced at a mutually satisfactory resolutionstep two of the formal grievance procedure.
C. STEP THREE
1. If the grievance is not resolved at in Step 1Two, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school daysmay, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school dayDirector's notice answer, appeal to the Board by filing the grievance and the Director's answer, along with any written response of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons grievant to the answer of the Director, with the Office of the Director, which shall issue a receipt thereof.
2. Within ten (10) working days, after the grievant and to has filed his written grievance with the Office of the Director as specified in Step Three, Item 1 administrator as soon as possibleabove, but not later than five (5) school days after such the Board shall hold a hearing on the Grievance at a regular or special meeting.
3. Area Executive Officer The Board may not consider any material or Designee —allegation that was not presented in Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been receivedTwo.
4. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than Within ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision hearing of the CEO or his/her designated representative has been received. The Board may hear with the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are receivedgrievant, the Board or its designated representative shall render give the grievant its final decision within five (5) school days after receipt of the Hearing Officer's findingsin writing.
Appears in 3 contracts
Samples: Tentative Agreement, Master Contract, Tentative Agreement
Procedure. A The parties acknowledge that it is most desirable for any Para-Educator and the Para-Educator’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the Para-educator, the Association representative may intervene to assist in this resolution. However, should such informal processes fail to satisfy the Para-educator or the Association, then a grievance shall may be presented and adjusted in the following mannerprocessed as follows:
1. Immediate Administrator-Step 1 The grievant Association shall present the grievance, in writing, setting forth the problem(s) being grieved, citing any alleged contract violation, and stating the redress sought, to the school Principal, who will arrange to meet within seven (7) days with the parties. The Association’s representative, the aggrieved Para-educator, and the Principal (all with or without representation) shall be present for the meeting. The Principal shall provide to the grievant and the Association a grievance orally to his immediate administrator written decision within a reasonable time, but in no event longer than fifteen seven (157) school days after such meeting, setting forth the reasons for the decision. No grievance will be given formal consideration unless it is filed at Step 1 within twenty-eight (28) days after the grievant had knowledge by the staff member of the facts giving occurrence that gave rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. .
Step 2 If the grievance is not resolved at Step 11 or if a Step 1 time limit expires without the issuance of the Principal’s written decision, then the grievant shall reduce Association may refer the grievance to writing and submit the same to Superintendent or official designee within seven (7) days after the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 decision was due or received. The Superintendent shall arrange for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5grievance representative(s) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by Association and the grievant aggrieved Para- educator(s) to the Step 2 administrator take place within five fourteen (514) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved Each party will receive at least two (2) school day's notice shall have the right to include in its representation such witnesses and counselors as it deems necessary to establish facts pertinent to the grievance. Upon conclusion of the meeting and an opportunity hearing, the Superintendent will have seven (7) days in which to be heard. The provide the Superintendent’s written decision to the respective parties to the grievance.
Step 1 administrator, or his/her designated representative, may be present 3 If the grievance is not resolved at the meeting and state his/her views. The Step 2 administratoror if a Step 2 time limit expires without the issuance of the Superintendent’s written decision, or his/her designated representative, shall communicate his/her written decision together with supporting reasons the Association may refer the grievance to the grievant and to the Step 1 administrator as soon as possible, but not later than five governing School Board or Boards within fourteen (514) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator decision was due or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter shall arrange for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen meeting within fourteen (1514) school days after the receipt of the appeal by the Boardappeal. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either Each party shall have the right to submit include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. Upon completion of the meeting, the School Board will provide a written response decision to the Board Association within five fourteen (514) school days after receipt days.
Step 4 Arbitration - If the grievance is not resolved at Step 3, or the Step 3 time limits expire without the issuance of the findingsSchool Board’s written answer, then the Association on behalf of the grievant may submit the grievance to arbitration. If a demand for arbitration is not filed with the Superintendent of Schools within twenty- one (21) days of the date that the School Board’s Step 3 decision was due or received, then the grievance will be deemed to be withdrawn. The Association or its representative and the Board or its representative shall render its final decision seek to mutually agree upon the person of an arbitrator. If agreement cannot be reached within five ten (510) school days after it has heard days, the grievance, or, if Association may refer the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findingsAmerican Arbitration Association (AAA) under their Voluntary Labor Arbitration Rules. If Referral to the AAA must occur no responses are received, later than twenty-one (21) days from the Board shall render its final decision within five (5) school days after receipt date of the Hearing Officer's findingsdemand for arbitration.
Appears in 3 contracts
Samples: Master Agreement, Collective Bargaining Agreement, Master Agreement
Procedure. 1. Level One A grievance shall lodged with a principal or the appropriate administrator must be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen ten (1510) school working days after knowledge by the staff member grievant could reasonably be assumed to have known of the facts event or action giving rise to the act or condition which is the basis of his/her alleged grievance. Continuing grievances shall be recognized. The grievant and the immediate administrator grievance conference shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator occur within five (5) school days, but in no event should working days after the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievanceis filed. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting grievant shall be held and accompanied by the local Representative and/or any other OEA/NEA agent.
2. Level Two In the event a decision in writing rendered grievance has not been satisfactorily resolved at Level One, the Association may file, within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision working days of the foregoing step may be appealed in writing by Principal’s or of the grievant to appropriate administrator’s written decision at Level One, a copy of the Step 2 administrator within grievance with the Superintendent. Within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school working days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of written grievance is filed, the foregoing step may be appealed in writing by grievant, the grievant Association Representative and the Principal, Superintendent and/or his designee shall meet to attempt to resolve the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been receivedgrievance. The CEO Superintendent or his designated representative designee shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or file his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school working days after of the Level Two filing and communicate it has heard to the grievancegrievant and the Association.
3. Level Three If the aggrieved is not satisfied with the disposition at Level Two of the grievance procedure, or, if he/she/they may initiate Level Three of this procedure. The Association and the matter has been referred aggrieved may refer the grievance to an arbitrator by giving written notice to the Superintendent and/or the Board of its desire to do so. The parties shall file a Hearing Officer, joint request for a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) within five (5) school working days after it has received of the responses appeal to arbitration. The cost of the Hearing Officer's findingslist or obtaining the panel shall be split by the parties. If no responses are received, The arbitrator shall be chosen from a list provided by the Board shall render its final decision Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) within five thirty (530) school days after of the receipt of the Hearing Officer's findingsFMCS list of arbitrators. Either party may reject one (1) list by notifying the other party prior to striking names. The party requesting the new list shall be responsible for the cost. Selection and hearing shall be in accordance with the voluntary rules and regulations of the FMCS or AMS. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to each party present at the hearing. The decision of the arbitrator shall be binding on both the Board and the Association.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A The parties acknowledge that it is usually most desirable for the teacher and their immediate supervisor to resolve problems through free and informal communications. However, should such informal processes fail to satisfy the teacher, then a grievance shall may be presented and adjusted in the following mannerprocessed as follows:
1. Immediate Administrator-Step 1 STEP I - The grievant VAFT shall present the grievance in writing stating the alleged violation (including the provision of this Agreement alleged to have been violated), the date(s) of the alleged violation, all pertinent information and the resolution sought to the teacher's supervisor. The supervisor will arrange a grievance orally to his immediate administrator meeting with the teacher which will take place within a reasonable time, but in no event longer than fifteen five (155) school days after knowledge by the staff member receipt of the facts giving rise teacher's grievance statement. The supervisor shall then, within five (5) days following the meeting, give a written answer to the act or condition teacher which is states the basis of his/her decision, all pertinent information and rationale supporting the response. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. The grievant , and the immediate administrator this right shall confer with a view apply to arriving at a mutually satisfactory resolution. each succeeding step in this grievance procedure.
STEP II - If the grievance is not resolved at Step 1I, then the grievant shall reduce VAFT may refer the grievance to writing in writing, stating alleged violation, all pertinent information, and submit the same supervisor's response, to the Step 1 administrator Superintendent within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position its receipt of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - Step I decision. The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee Superintendent shall schedule arrange for a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator take place within five ten (510) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice Upon conclusion of the meeting and an opportunity to be heard. The Step 1 administratormeeting, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than Superintendent will have five (5) school days after such meetingin which to provide a written decision to the grievant.
3. Area Executive Officer or Designee —STEP III - If the grievance is not resolved at Step 3 The decision II, the VAFT may refer the grievance in writing, setting forth the nature of the foregoing step may be appealed in writing by grievance, all available pertinent information and the grievant to the CEO within five (5) school days after basis for appeal from the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with Superintendent, to the grievant within five (5) school days of receipt President of the appeal. The grievant will receive at least two School Board (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons copy to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10Superintendent) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findingsStep II decision. The President of the School Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officershall, within five (5) school days after it has received days, appoint a panel of three Board members to conduct a hearing within ten (10) days. All information used as evidence in the responses grievance shall be made available to both parties. The hearing shall be informal and technical rules of evidence will not be observed. The hearing will be in Executive Session. Upon conclusion of the hearing, the panel shall present its findings and make recommendations to the Hearing Officer's findingsBoard. If no responses are receivedWithin ten (10) days, in the presence of the grievant, the Board will hold an executive session and deliberate. At the deliberations, a vote will be called by the Board to agree or disagree in a public meeting. It is not the intent to deprive the Board of its right to discuss matters of grievance in private executive session. The grievant shall render its final be rendered a decision in writing from the Board within five (5) school days after receipt of the Hearing Officer's findings.ten
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Negotiated Contract
Procedure. A grievance The parties hereto acknowledge that it is usually most desirable for an employee and the immediately involved supervisor to resolve problems through free and informal communication. Therefore, nothing contained herein shall be presented construed as limiting the right of any employee having a grievance to discuss the matter informally with his/her supervisor and adjusted having the grievance adjusted, provided the adjustment is not inconsistent with the terms of this Agreement. If any adjustment is made, a second meeting will be held if the grievant so requests to discuss said adjustment in the presence of an Association representative. However, if such informal processes fail to satisfy the employee, a grievance may be processed in the following mannersteps:
1. Immediate Administrator-5.3.1 Step 1 The grievant or Association shall present the grievance in writing within thirty (30) days of the time the grievant or Association knew or should have known the occurrence of the event, specifying the Article and clause alleged to have been violated and stating the remedy sought, to the supervisor immediately involved. The supervisor shall provide a written answer to the grievance orally to his immediate administrator of the aggrieved teacher within a reasonable time, but in no event longer than fifteen ten (1510) school days after knowledge by the staff member receipt of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. .
5.3.2 Step 2 If the grievance is not resolved at in Step 1, then the grievant shall reduce or Association may refer the grievance to writing and submit the same to the Step 1 administrator Superintendent or official designee within five ten (510) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision receipt of the Step 1 administrator or his designated representative has been receivedanswer. The Step 2 administrator or Superintendent shall arrange a meeting to take place within ten (10) days of his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than Within ten (10) school days after such of the meeting, the grievant shall be provided with the Superintendent’s response.
4. Board-5.3.3 Step 4 The decision 3 If the grievant, or Association, is not satisfied with the disposition of the foregoing step grievance at Step 2, the grievant may be appealed in writing by submit the aggrieved party grievance to the Board within five ten (510) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by Superintendent’s written response. The Board shall allow the grievant to present his/her case to the Board. Alternatively, PSASA may elect in executive session, at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearingnext regularly scheduled Board meeting, in accordance with procedures (if any) established by provided the Board for such had at least ten (10) days notice of the appeal before said regularly scheduled meeting. If the Board has less than ten (10) days’ notice of said appeal, the grievance shall be heard at a reviewSpecial meeting to be called within fifteen (15) days of the filing of said appeal. In all matters referred If the appeal to a Hearing Officer, the Board is not filed within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and AppelleeStep 2 response, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer grievance shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsdeemed withdrawn.
Appears in 3 contracts
Samples: Negotiations Agreement, Negotiations Agreement, Negotiations Agreement
Procedure. A grievance 1. All grievances as defined herein shall be presented and adjusted processed in the following manner:
1accordance with this procedure. Immediate Administrator-Step 1 The grievant shall present Union may refuse to represent a grievance orally and the District may refuse to his immediate administrator within consider a reasonable time, but grievance in no event longer than fifteen those circumstances where the aggrieved party has not followed this procedure.
Step 1: Within twenty (1520) school days after knowledge by the staff member of the facts acts and/or omissions giving rise to the act grievance or condition within twenty (20) days of the time the employee or the Union should reasonably have been aware of said acts and/or omissions, the grievance shall be discussed informally with the supervisor(s) most directly responsible for the circumstances which is gave rise to the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved within twenty (20) days of the date on which it is first presented at Step 1, then the grievant shall reduce the grievance may proceed to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
Step 2. Director III, Area Executive Officer or Designee —Step 2 : The decision of the foregoing step grievance may be appealed in writing by the grievant presented to the Step 2 administrator within five (5) school days after District’s Human Resources Manager on the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting form provided for this purpose and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator incorporated herein by reference as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, Appendix A within ten (10) school days after the completion of the hearing conclusion Step 1.
Step 3: A request for binding arbitration at Step 3 of this procedure shall be made in writing by the Union to the Human Resources Manager within fifteen (15) days of the date of which the grievance received a copy of the written determination at Step 2. An arbitrator may be selected by mutual agreement between the parties. Should the parties fail to agree upon an arbitrator, they shall make a joint request to the grievance a joint request to the Mediation and Conciliation Service of the State of California for a list of five (5)-qualified arbitrators. Each party shall alternative strike one name from the list and the last remaining name shall serve as arbitrator. The first party to strike a name shall be determined by the toss of a coin. It shall be understood in disputes involving interpretation of the MOU, that the arbitrator will only interpret this MOU and will not have the power to add, to delete from, or receipt amend any part of documents submitted by Xxxxxxxxx this agreement. The arbitrator’s decision shall be final and Appelleebinding on the District, the Hearing Officer shall submit his/her findings of factUnion, conclusions of law and recommendations to the Boardgrievance. All fees and costs or the arbitrator and court reporter, if any, will be borne by the losing party. The findings union has the authority to settle grievances at any step in the process on behalf of members of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsbargaining unit.
Appears in 3 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Procedure.
A. Level I – Administration – A copy of a written grievance shall be presented and adjusted in submitted to the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his aggrieved’s immediate administrator within a reasonable time, but in no event longer than fifteen thirty (1530) school days after knowledge by the staff member of the facts giving rise time the aggrieved became aware or should have been aware upon the exercise of reasonable diligence of the alleged violation or such shall be deemed to have been waived and no longer to exist. A meeting shall be mutually agreed upon between the aggrieved and the administrator within four (4) days of the filing of the grievance. No more than four (4) people may provide information related to the act or condition which is grievance at any one meeting. Discussion at the basis of his/her grievance. The grievant meeting shall be confined to the issues as stated in the grievance and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionrelief sought. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within Within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the meeting, the administration shall provide the aggrieved employee - A statement with a written response stating his position and/or suggestion for resolution of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of .
B. Level II – Superintendent – If the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting is not satisfied with the grievantsuggestion for resolution received in Level I, and such meeting shall be held and a decision in writing rendered he may within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of such written response, submit his written grievance to the appealSuperintendent and request a meeting to discuss the grievance. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Boardrequest. The findings of the Hearing Officer meeting shall be distributed to both parties. Either party shall have the right to submit conducted in a written response to the Board within manner as stated in Level I. Within five (5) school days of the meeting, the Superintendent shall provide the aggrieved with a written response stating his position and/or suggestion for resolution of the grievance.
C. Level III – Arbitration – If the grievant is not satisfied with the disposition at Level II, he/she may demand, upon written approval of the Association, that the issue be submitted to arbitration. Such demand shall be made within ten (10) days after receipt of the findingswritten notice of the action taken by the Superintendent. The Board Arbitrator shall render its final decision within five (5) school days after it has heard be selected through the grievanceVoluntary Rules of the American Arbitration Association, oror through some other method or other mediation service provider agreed upon by the Superintendent and the Association. The Arbitrator shall have no power to alter, if add to, or subtract from the matter has been referred terms of the Agreement, or to a Hearing Officer, within five (5) school days after it has received make any award which is inconsistent with the responses terms of the Agreement or contrary to law. The arbitrator shall make his report and recommendations to the Hearing Officer's findings. If no responses are receivedgrievant, the Board shall render its final decision within five (5) school days after receipt Superintendent, and the President of the Hearing Officer's findings.Association. His decision shall be binding upon the parties. The said report shall be within thirty
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Procedure. A Pre-grievance meeting: No grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator entertained or processed unless it is submitted within a reasonable time, but in no event longer than fifteen five (155) school business days after knowledge by the staff member pre-grievance meeting. Within five (5) business days of an alleged violation of the facts contract, or within five (5) business days after the employee through the use of reasonable diligence should have obtained knowledge of the occurrence of the event giving rise to the act grievance and prior to initiating Step 1 by the filing of a grievance, the Union and the grievant shall meet with the Fire Chief or condition which the Chief’s designee to discuss the potential grievance. The discussion shall include the facts and events in the context of the specific contract provisions, and why the Union believes the challenged interpretation or application violates the contract.
Step 1: No grievance shall be entertained or processed unless it is submitted within five (5) business days after the basis of pre-grievance meeting. Any employee covered by this Agreement who has a grievance shall submit it to the supervisor who is designated for that purpose by the City, provided that said grievance shall be in writing on the standard grievance form and signed by both the aggrieved employee and the appropriate Union Representative. The supervisor shall give his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. written answer within five (5) business days after such presentation.
Step 2: If the grievance is not resolved at settled in Step 1, then l and the grievant shall reduce employee wishes to appeal the grievance to Step 2 of the Grievance Procedure, it shall be referred in writing and submit on the same standard grievance form submitted at Step l to the Step 1 administrator Fire Chief within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school business days after knowledge of grievancethe designated supervisor's answer in Step l and shall be signed by both the Employee and Union Representative. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievanceThe Fire Chief, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee representative, shall schedule a meeting with discuss the grievant, and such meeting shall be held and a decision in writing rendered grievance within five (5) school daysbusiness days with the Union Representative at a time mutually agreeable to both parties. In the event that the grievant's immediate administrator is a Director III The Fire Chief, or Area Executive Officerhis/her representative, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed respond in writing by the grievant to the Step 2 administrator Union within five (5) school business days after following their meeting.
Step 3: If the decision of the Step 1 administrator or his designated representative has been received. The grievance is not settled in Step 2 administrator and the Union desires to appeal, it shall be referred by the Union in writing to the Mayor or his/her designated representative shall meet with on the grievant same standard grievance form submitted in Step l within five (5) school business days of receipt of after the appealCity's answer in Step 2. The aggrieved party will receive at least two (2) school day's notice of A meeting between the meeting and an opportunity to be heard. The Step 1 administrator, Mayor or his/her designated representative, may representative and the Chief Union Representative shall be present held at a time mutually agreeable to the meeting and state his/her viewsparties. The Step 2 administrator, Mayor or his/her designated representative, representative shall communicate his/her give the City's written decision together with supporting reasons answer to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, Union within ten (10) school business days after following the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsmeeting.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in If the following manner:Deputy Secretary deems the Claim Settlement Conference is necessary, the Deputy Secretary or a designee may convene the Claim Settlement Conference.
1. Immediate Administrator-Step 1 The grievant Claim Settlement Conference shall present a grievance orally not be subject to his immediate administrator within a reasonable time, but in no event longer than fifteen 2 Pa. C.S. (15) school days after knowledge by the staff member of the facts giving rise relating to the act or condition which is the basis of his/her grievance. The grievant administrative law and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2procedure).
2. Director III, Area Executive Officer or Designee —Step 2 The decision of Neither audio recording nor videotaping will be allowed during the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetingClaim Settlement Conference.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may No transcripts will be appealed in writing by the grievant taken but attendees are free to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meetingtake their own notes.
4. Board-Step 4 The decision Deputy Secretary or a designee will allow all parties a reasonable time to present and discuss the issues.
5. The Professional’s representative shall present a description of the foregoing step issue, including:
a. the factual background of the issue;
b. the Time Schedule impacts, which may only be appealed presented using the current Time Schedule in writing the Agreement; and
c. the proposed solution to the dispute, including:
i. Time Schedule modifications;
ii. Damages attributed to the dispute;
iii. Change Order cause modification; and
iv. If applicable, identify the party the Professional believes is responsible for creating the dispute.
6. The Department’s representative shall present a description of:
a. a response to the dispute(s) raised by the aggrieved party Professional, including:
i. the Department’s view of the Time Schedule impact, which may only be presented using the current Time Schedule; and
ii. the Department’s response to the Board within five (5) school days after Professional’s proposed solution(s); and
iii. the decision identity of the CEO or his/her designated representative has been receivedparty the Department believes is responsible for creating the dispute.
7. The Board Deputy Secretary may hear render a final determination on the appeal or it may refer contents of the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school Claim within 120 days after of the receipt of the appeal claim by the BoardDeputy Secretary. AlternativelyThe parties may, PSASA may elect at during the time of filing an appeal at Step 4 120-day period, mutually agree to proceed through extend the submission of documents and without an evidentiary hearing, 120-day deadline. Department will confirm all agreements to extend the 120-day deadline in accordance with procedures (if any) established by writing. If no decision is rendered within the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school 120 days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findingsclaim by the Deputy Secretary, and the Department has not confirmed in writing the parties agreement to extend the 120-day deadline, the claim is deemed to be denied on the 120th day. The Board determination of the Deputy Secretary shall render its be the final decision within five (5) school days after it has heard order of the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses Department with regard to the Hearing Officer's findingscontents of the Claim.
14.1. If no responses are received104 STEP 3: FILING A CLAIM AT THE BOARD OF CLAIMS. The third step in the dispute resolution process is filing a Statement of Claim with the Board of Claims, which is a more formal step in the process and is described in general in §1712.1 and §1721 et seq. of the Commonwealth Procurement Code. To the extent that this language conflicts with §1712.1 or §1721 et seq,, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsstatutory language controls.
Appears in 3 contracts
Samples: Professional Services, Professional Services, Professional Services
Procedure. A grievance shall be presented and adjusted in (A) Step One. An employee may present her complaint to the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate appropriate administrator within a reasonable time, but in no event longer than fifteen (15) school days working days, after knowledge by the staff member of the facts giving rise to the act incident or condition condition, which is the basis of his/her grievancethe grievance has occurred. The grievant and the immediate administrator shall confer with schedule a view conference to arriving at a mutually satisfactory resolution. If attempt to resolve the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator complaint within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school working days after knowledge of grievancehe has received such complaint. PSASA shall supply A written decision on the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference matter will be given to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered FEDERATION within five (5) school days. In working days after the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2conference.
2(B) Step Two. Director IIIIf the aggrieved employee desires to pursue her compliant further, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed she must appeal in writing by the grievant to the Step 2 administrator Superintendent or their designated representative within five (5) school working days after receiving a copy of the decision rendered under Step One of the Step 1 administrator this procedure. The Superintendent or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with schedule a conference to attempt to resolve the grievant compliant within five (5) school working days of receipt of after the appealappeal is received. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her A written decision together with supporting reasons on the matter shall be given to the grievant employee and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO FEDERATION within five (5) school days following the conference.
(C) Step Three. If the Superintendent’s or their designated representative’s answer is not satisfactory to the grievant, she may appeal to the Executive Board of the FEDERATION for arbitration. If such grievance does proceed to arbitration, the following rules shall be observed.
(1) The FEDERATION shall file with the BOARD a demand for arbitration within thirty (30) calendar days after receiving a copy of the decision rendered under Step Two (Article VIII, Section 2. Subsection (B)) of the Step 2 administrator or his/her designated representative has been receivedGrievance Procedure. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than Within ten (10) school working days after such meetingfiling with the BOARD, if a mutually acceptable arbitrator cannot be selected by the BOARD and the FEDERATION, the FEDERATION shall file with the BOARD and the American Arbitration Association a demand for arbitration.
4. Board-Step 4 (2) The decision Arbitrator shall render his award, which shall include a written opinion, not later than thirty (30) days after the date on which the hearings were conducted, or if oral hearings are waived, then from the date of transmitting the final statements and proofs to the Arbitrator.
(3) The award of the foregoing step may Arbitrator shall be appealed accepted as final and binding on the FEDERATION, its members, the employee or employees involved, and the BOARD. There shall be no appeal from an Arbitrator’s decision if said decision is within the scope of the Arbitrator’s authority as described below, or if no fraud, collusion or duress is present. The FEDERATION shall not then, by any other means, attempt to bring about a different resolution of the grievance.
(4) It shall be the function of the Arbitrator, and she shall be empowered, except as her powers are limited below, after due investigation, to make a decision in writing cases of alleged violations, misinterpretations, or misapplication of any of the excess terms of this Agreement.
a) She shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. Her powers shall be limited to deciding whether the BOARD has violated, misinterpreted, or misapplied any of the express terms of this agreement. It is understood that any matter which is not specifically set forth in this Agreement shall not be subject to arbitration.
b) She shall have no power to decide any question which under this Agreement is within the authority of the BOARD to decide.
c) She shall have no power to award monetary damages.
d) She shall have no power to render a decision based upon law, as expressed by the aggrieved party legislative bodies, the courts, or administrative agencies.
e) She shall have no power to substitute her judgment for that of the Board within five BOARD.
(5) school days after If the decision BOARD disputes the arbitrability of any grievance under the CEO or his/her designated representative terms of this Agreement, the Arbitrator shall first determine whether she has been received. The Board may hear jurisdiction to act, and if she finds that she has no such power the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen referred back to the parties without decision or recommendation on its merits.
(156) school The BOARD shall not be required to pay back compensation for more than eleven (11) days after prior to the receipt date the grievance was filed.
a) No decision in any one case shall require a retroactive adjustment in compensation in any other case.
(7) The fees and expenses of the appeal Arbitrator shall be shared equally by the BoardBOARD and the FEDERATION. AlternativelyAll other fees and expenses including administrative fees, PSASA may elect at shall be assessed according to the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion voluntary labor arbitration rules of the hearing or receipt American Arbitration Federation.
(8) Any grievance occurring during the period between the termination date of documents submitted by Xxxxxxxxx this Agreement and Appellee, the Hearing Officer effective date of a new agreement shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall not be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsarbitrable.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Informal As soon as a teacher becomes aware of an event, which may lead to the submission of a written grievance, the teacher or one designated member of a group having a grievance, shall request that a meeting be held with the particular administrator involved. The purpose of this meeting shall be an attempt to resolve the matter informally. Level II - Administration A copy of the written grievance shall be presented and adjusted in submitted to the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his aggrieved’ s immediate administrator within a reasonable time, but in no event longer than fifteen thirty (1530) school days after knowledge by the staff member of becoming aware of the facts giving rise to alleged violation. A meeting shall be mutually agreed upon between the act or condition which is the basis of his/her grievance. The grievant aggrieved and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement filing of the grievance, including . Either the relevant date - A reference aggrieved or the administrator may have present such people who may provide information related to the applicable provisions of grievance. Discussion at this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held confined to the issues as stated in the grievance and the relief sought. Within five (5) days of the meeting the administrator shall provide the aggrieved with a decision written response stating his position and suggestion for resolvement of the grievance. Level III - Superintendent If the aggrieved is not satisfied with the suggestion for resolvement received in writing rendered Level I, he may within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officerdays of receipt of such written response, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant submit his written grievance to the Step 2 administrator superintendent and request a meeting to discuss the grievance. The meeting shall be within five (5) school days after the decision of the Step 1 administrator or his designated representative has been receivedrequest. The Step 2 administrator or his/her designated representative meeting shall meet with the grievant within be conducted in a manner as stated in Level I. Within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, superintendent shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by provide the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt stating his position and suggestion for resolvement of the findingsgrievance. The Level IV - School Board shall render its final decision within five (5) school days after it has heard If the grievanceaggrieved is not satisfied with the suggestion for resolvement received in Level II, or, if the matter has been referred to a Hearing Officerhe may, within five (5) school days after it has received the responses of receipt of such written response, submit his written grievance to the Hearing Officer's findingsBoard of Education and request a meeting to discuss the grievance. If no responses are received, the Board The meeting shall render its final decision be within five (5) school days after receipt of the Hearing Officer's findingsrequest. The meeting shall be conducted in a manner as stated in Level I. Within five (5) days of the meeting the Board of Education shall provide the aggrieved with a written response stating their position and suggestion for resolvement of the grievance. The decision of the Board does not necessarily mean concurrence by the Commerce Association of Classroom Teachers or the aggrieved and no other hearing shall prevent the aggrieved from securing legal counsel or seeking whatever further legal recourse that is available to the aggrieved.
Appears in 3 contracts
Samples: Commerce Association of Classroom Teachers Agreement, Commerce Association of Classroom Teachers Agreement, Commerce Association of Classroom Teachers Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
Step 1. Immediate Administrator-Step 1 The grievant shall present Any employee who believes he/she has a grievance must submit the grievance orally to his immediate administrator supervisor within a reasonable time, but in no event longer than fifteen five (155) school days after the employee reasonably should have had knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and supervisor shall render his verbal decision within five (5) days after the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutiongrievance is submitted.
Step 2. If the grievance is not resolved at settled in Step 1, then it shall be reduced to writing, state the grievant shall reduce facts upon which it is based and when they occurred, specify the grievance section of the Agreement which is alleged to writing have been violated, be signed by the grieving employee and submit the same an Association Representative, and be submitted to the Step 1 administrator immediate supervisor or his designee within fifteen (15) days after the employee reasonably should have had knowledge of the grievance. The supervisor shall make a written reply within five (5) school days, but in no event should days after receipt of the written grievance.
Step 3. If the grievance remain unresolved at is not settled in Step 1 2, the Association may submit a written request for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievantSuperintendent or his designee, and such meeting which request shall be held and a decision in writing rendered made within five (5) school days. In days after the event that the grievantAssociation's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision receipt of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator decision. The Superintendent or his designee and the Association representative, together with such additional representatives as either party may desire, shall meet and discuss the grievance within five (5) school days after the decision of the Step 1 administrator grievance is presented at this step. The Superintendent or his designated representative has been received. The Step 2 administrator or his/her designated representative designee shall meet with give a written answer to the grievant Association within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after the date of such meeting.
Step 4. If the grievance is not settled in Step 3. Area Executive Officer or Designee —Step 3 The decision of , the foregoing step Association may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such the Employer's Step 3 decision, appeal the grievance to the Board of Education. The Board of Education will meet to consider the grievance at the next regularly scheduled Board meeting and will give its written decision within ten (10) days of that meeting.
Step 5. If the grievance is not settled in Step 4. Board-Step 4 The decision of , the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing OfficerAssociation may, within ten (10) school days after the completion Employer's Step 4 decision, submit the grievance to binding arbitration in accordance with the American Arbitration Association's Voluntary Labor Arbitration Rules. The arbitrator shall have no authority to alter, add to, subtract from, or disregard the expressed terms of the hearing this Agreement or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit to substitute his/her findings judgment for that of fact, conclusions of law and recommendations the Employer or Association as to the Boardreasonableness of the provisions of this Agreement. The findings arbitrator shall have no power to rule on an issue excluded from the grievance procedure or arbitration by the terms hereof, to establish salaries or wage schedules different than those provided in this Agreement or to award damages other than back pay. The arbitrator shall also have no authority to interpret law or issue a ruling on a subject where there is a procedure available under law for seeking relief. The cost of the Hearing Officer arbitrator shall be distributed to both partiesborne by the losing party. Either party An arbitrator's award shall not be made retroactive beyond the date of the occurrence or nonoccurrence of the event upon which the grievance is based and the arbitrator shall have the right no power to submit issue a written response back pay award for a period to exceed ten (10) days prior to the Board within five (5) school days after receipt date the written grievance was filed. The decision of the findings. The Board arbitrator shall render its be final decision within five (5) school days after it has heard and binding subject to review in accordance with the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsapplicable standards for judicial review.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. STEP I-Immediate Administrator-Step 1 Supervisor The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen twenty-one (1521) school days after knowledge by the staff member of the facts giving rise to occurrence or knowledge of the act or condition which is the basis of his/her grievancethe complaint, present the grievance in writing to the immediately involved supervisor. The grievant grievance shall be written on the appropriate grievance form (Appendix C) and shall include a concise statement of the grievance, which articles are in dispute, and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionrequested remedy. If the grievance is of a repeat or recurrent nature, the remedy of the grievance shall only extend back to the beginning of the fiscal year in which the grievance was filed. The immediate supervisor will arrange for a meeting with the grievant to take place within seven (7) days after receipt of the grievance. The supervisor shall provide the grievant and the Organization with a written answer to the grievance within seven (7) days after the meeting. STEP II-Superintendent If the grievant is not resolved satisfied with the disposition of the grievance at Step 1I, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator or if no decision has been rendered within five seven (57) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement presentation of the grievance, including then the relevant date - A reference grievance within seven (7) days may be referred to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature superintendent of the aggrieved employee - Date submitted and time superintendent’s designee. The Step 1 administrator or his/her designee superintendent shall schedule arrange for a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator take place within five seven (57) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice Upon conclusion of the meeting and an opportunity meeting, the superintendent will have seven (7) days to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to provide the grievant and to the Organization with a written decision. STEP III-Board If the grievant is not satisfied with the disposition of the grievance at Step 1 administrator as soon as possibleII, but not later than five or if no decision has been rendered within seven (57) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision presentation of the foregoing step grievance, then the grievance within seven (7) days may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings Chairman of the Hearing Officer Board or designee shall be distributed arrange for a hearing with the grievant to both partiestake place at the next regularly scheduled meeting. Either party shall Upon conclusion of the hearing, the Board will have fourteen (14) days to provide the right to submit grievant and the Organization with a written response to decision. Step IV-Binding Arbitration If the Board within five (5) school days after receipt Organization is not satisfied with the disposition of the findings. The Board shall render its final decision grievance at Step III, or if no disposition has been made within five (5) school days after it has heard the time period provided, the grievance, oronly at the option of the Organization, if may be submitted before an impartial arbitrator. The Organization shall exercise its right of arbitration by giving the matter has been referred Superintendent written notice of its intent to a Hearing Officer, arbitrate within five twenty-one (521) school days after it has received the responses decision at Step III or expiration of the time lines specified in Step III. Within seven (7) days after notice of submission to arbitration, the Organization shall, in writing, request from the Montana Board of Personnel Appeals a list of qualified arbitrators. Within fourteen (14) days of receipt, each party shall alternately strike names from the list, and the name remaining shall be the arbitrator. The arbitrator shall not consider any argument or evidence that the grievant, Organization or Board did not submit to the Hearing Officer's findingsother side seven (7) days before arbitration. The arbitrator shall consider the grievance and render a decision within sixty (60) days of the hearing or final submission of briefs, whichever is later. The arbitrator’s decision shall be final and binding upon the parties. Each party shall bear its own costs of arbitration except that the fees and charges of the arbitrator shall be shared equally by the parties. If no responses are receivedone of the parties wants a transcript of the arbitration proceedings, the Board shall render its final decision within five (5) school days after receipt party requesting the transcript will pay the costs of the Hearing Officer's findingstranscript. If both parties request transcripts, they shall share equally the costs.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in Level 1 With the following manner:
1. Immediate Administrator-Step 1 The grievant shall Principal Any teacher may present a grievance orally to his immediate administrator within a reasonable timegrievance, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise writing, to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, building principal within ten (10) school days after the completion event or decision upon which the grievance is based comes to the attention of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Boardteacher. The findings of the Hearing Officer principal shall be distributed to both parties. Either party shall have the right to submit set a written response to the Board date within five (5) school days after receipt which is mutually agreeable with the grievant for a hearing of the findingsgrievance. The Board Following the hearing of the grievance, the principal shall render its final give the grievant a written decision and rationale within the next five school days.
Level 2 With the Superintendent If the grievant is not satisfied with the decision of the principal, he/she may appeal in writing within five (5) school days after it has heard of the receipt of the decision to the superintendent for a hearing of the grievance. The superintendent shall hear the grievance within five school days after the receipt of the request for hearing. Those attending the hearing with the superintendent shall include the grievant, ora representative of the grievant, if desired, the matter building principal, if involved, and the superintendent. The superintendent shall give the grievant a written decision and rationale within five school days of the hearing. If the grievant wishes to meet with the superintendent rather than the designee, the parties will determine a mutually agreeable time.
Level 3 With the Board of Education In the event the grievant is not satisfied with the decision of the superintendent, he/she may appeal the decision to the board by notifying the superintendent in writing at least five (5) school days prior to the next regular meeting of the board. The superintendent shall place the grievance hearing on the agenda. The board may make its decision immediately following the hearing; however, the board shall make a decision no later than the conclusion of their next regular board meeting. The clerk of the board will provide the grievant written notification as to the decision of the board and their rationale. Level 4 – Arbitration
a. If the grievance involves a claim by the grievant that there has been referred a violation, misapplication or misinterpretation of the agreement, and he/she is not satisfied by the decision at level three, he/she may submit to the association a Hearing Officerrequest, in writing, within five (5) school days after it has received of the responses receipt of the board’s decision that the association submit the grievance to arbitration. The association may, by written notice to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision board within five ten (510) school days after receipt of the Hearing Officer's findingsrequest from the aggrieved person, submit the grievance to arbitration if they feel the grievance involves a violation misapplication, or misinterpretation of the agreement.
b. Within ten school days after such written notice of submission to arbitration, the board or its designee, and the association or its designee, will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment within ten (10) school days, a request for a list of five arbitrators shall be made by either party to the American Association of Arbitrators in accordance with its procedures. Upon receipt of the list, the parties shall determine by lot which party shall have the right to strike the first name from the list. The party having the right to remove the first name shall do so within two (2) school days, and the parties shall have alternately strike until one name remains. The striking process shall take no more than three (3) school days. The person whose name remains on the list shall be the arbitrator.
c. The arbitrator, so selected, will confer with the representatives of the board and the association. If the board contends that the grievance does not involve a violation, misapplication or misinterpretation of the agreement, the arbitrator will determine whether an arbitrable issue exists. If an arbitrable issue exists, the arbitrator will hold hearings promptly and will issue his/her decision no later than 20 school days from the date of the close of such hearings, or if oral arguments have been waived, then from the date of submission of the final statements and proofs. Neither party shall assert in the arbitration proceedings any evidence which was not submitted to the other part in prior hearings on this grievance. The arbitrator may not make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of the negotiated agreement. The decision of the arbitrator will be submitted to the board and the association and will be final and binding upon the parties of interest. Neither the board nor the association shall appeal the ruling of the arbitrator to the district court or any other formal body.
d. The cost of the services of the arbitrator, including per diem, travel and hearing room expenses will be borne equally by the board and the association. All other expenses will be borne by the party incurring them.
Appears in 3 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate AdministratorLevel One (1) - Within twenty-Step 1 The one (21) days of the occurrence of the grievance, or within twenty-one (21) days of the time that the aggrieved party becomes aware of the occurrence of the grievance, or with reasonable diligence should have become aware of the occurrence of the grievance, the grievant shall present the appropriate administrator with the signed, written complaint on the appropriate form. An attempt to resolve the grievance through co-mediated discussion shall be made within fourteen days. The administrator must render a grievance orally to his immediate administrator decision within a reasonable time, but in no event longer than fifteen (15) school seven days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievanceco- mediated discussion.
2. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. Level Two (2) - If the grievance is not resolved at Step Level One (1), then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by on the grievant appropriate form to the Step 2 administrator within five (5) school days after the decision office of the Step 1 administrator Superintendent or his designated representative has been receiveddesignee within seven days of the receipt of the Level One (1) decision. The Step 2 administrator If the grievance is properly appealed, the Superintendent or his/her designated representative designee shall meet with the grievant aggrieved party, Association representative, and the parties of interest within five (5) school seven days of receipt of to discuss and attempt to resolve the appealgrievance. The aggrieved party will receive at least two decision reached in Level Two (2) school day's notice of the meeting and an opportunity to shall be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons issued in writing to the grievant aggrieved party if not represented by the Association and to the Step 1 administrator as soon as possible, but not Association no later than five fourteen (514) school days after such following the Level Two (2) meeting.
3. Area Executive Officer or Designee —Step 3 The Level Three (3) - If the grievance has not been resolved at Level Two (2), the decision of the foregoing step may be appealed in writing by the grievant to the CEO Board for consideration within five (5seven(7) school days after the decision of the Step 2 administrator receipt of the Level Two (2) decision or his/her designated representative within fourteen (14) days of the date of the meeting in the event no decision has been receivedrendered, by filing a written copy thereof with the Clerk of the Board and with the Superintendent or designee. The CEO Board or his designated representative a committee thereof shall meet with the grievant aggrieved party, Association representative, and the parties of interest at its next regular meeting. The disposition of the grievance shall be indicated in writing to the aggrieved and to the Association if not represented by the Association no later than the next regularly scheduled Board meeting following the meeting during which the grievance was originally considered by the Board or committee thereof.
4. Level Four (4)
a) If the grievance remains unresolved at the conclusion of Level Three (3), the grievance may be submitted to the Board by the Association for binding arbitration, provided written notice of the request for submission to arbitration is delivered to the Clerk of the Board and to the Superintendent or designee within five fourteen (514) school days of the date of receipt of the appeal. The grievant will receive decision at least two Level Three (23) school days' notice or within twenty-one (21) days of the date of the Level Three (3) meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at in the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written event no decision together with supporting reasons has been rendered.
b) If the parties cannot agree as to the grievant and to arbitrator within seven (7) days from the Step 1 administrator as soon as possibledate of notification that arbitration will be pursued, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance Personnel Appeals shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right called upon to submit a written response to the Board within five (5) school days after receipt list of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.seven
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:Informal Step 1
1. Immediate Administrator-If the complaint is not resolved in the informal Step 1 The grievant of this procedure, the administrator shall present submit to the Assistant Superintendent of Human Services, within fourteen (14) days following the grievable occurrence, a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member statement of the facts and all relevant materials giving rise to the act or condition which is the basis of his/her grievance. The grievant Within fourteen (14) days of receipt of the alleged grievance, the Superintendent, Assistant Superintendent of Human Services, the administrator whom the grievance is being filed against, the aggrieved and an Association Representative shall meet to discuss the immediate administrator grievance. Within ten (10) days of this meeting, the Superintendent shall confer with a view respond in writing to arriving at a mutually satisfactory resolutionthe Grievant.
2. If the grievance is not resolved at Step 12 (a), then the grievant shall reduce may choose to take the grievance to writing and submit Step 3 of this procedure or request through the same association that a mediator be assigned by the Michigan Employment Relations Commission to hear the grievance.
3. If the grievant chooses to go to mediation, the grievance procedure ends at this Step 2, except for cases of dismissal or suspension, which may go to Step 4.
1. If the Superintendent receives no further correspondence within fourteen (14) days after the Step 1 administrator within five (5) school days2 written response, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply will be considered resolved on the standard grievance form which shall contain the following information: - Name and position basis of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 22 response.
2. Director IIIIf the grievance remains unresolved at the conclusion of Step 2, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed Grievant shall notify the Superintendent in writing by the grievant to within fourteen (14) days following the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been receivedwritten response. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer Superintendent shall submit his/her findings of fact, conclusions of law and recommendations the grievance to the Board’s Personnel Committee for review at its next regularly scheduled meeting. The findings Board’s Personnel Committee shall make a recommendation for resolution of the Hearing Officer grievance within fourteen (14) days of its meeting to review the grievance. A copy shall be distributed to both parties. Either party shall have the right to submit a written response provided to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsGrievant.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate LEVEL ONE - Any teacher will first discuss the problem with the appropriate administrator within a reasonable time, but in no event longer than fifteen ten (1510) school days after knowledge by the staff member workdays of the facts giving rise to alleged act with the act objective of resolving the matter informally. Said teacher may be accompanied or condition which represented by an Association representative.
2. LEVEL TWO - In the event the teacher is not satisfied with the basis disposition of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1Level One, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in or if no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing has been rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision work days of the foregoing step presentation of the grievance, said teacher may be appealed file the grievance in writing with the Association's Grievance Committee with a copy to the appropriate administrator. The appropriate administrator shall initial and date the form. If a dispute shall arise as to the time of filing, such initialing shall be conclusive evidence of the date of its receipt. The filing with the Grievance Committee and initialing of the copy by the grievant to the Step 2 appropriate administrator must occur within five (5) school days after workdays of the decision rendered at Level One or the expiration of the Step 1 administrator or his designated representative has been receivedtime limit at Level One. The Step 2 appropriate administrator or his/her designated representative shall meet with on the grievant grievance within five (5) school days workdays of receipt of the appealwritten grievance at Level Two. The aggrieved party will receive at least This meeting may be attended by not more than the grievant, two (2) school day's notice representatives of the meeting Association and an opportunity to be heardtwo representatives of the Board. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than Within five (5) school days after such meetingworkdays from the meeting the appropriate administrator shall render a decision in writing to the grievant.
3. Area Executive Officer or Designee —Step 3 The decision LEVEL THREE - In the event the Association is not satisfied with the disposition of the foregoing step may be appealed grievance at Level Two, or in writing by the grievant to the CEO event no decision has been rendered within five (5) school work days after the decision meeting at Level Two, the grievance procedure may be further invoked by presenting the written grievance through the Grievance Committee to the Superintendent of the Step 2 administrator Schools or his/her designated representative has been receivedrepresentative. The CEO or his designated representative shall meet with the grievant Such action must be taken within five (5) school days workdays of receipt of the appeal. The grievant will receive decision at least two (2) school days' notice Level Two or of the meeting and an opportunity to be heardexpiration of the time limit for rendering such decision. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than Within ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the workdays from receipt of the appeal grievance at Level Three, the Superintendent or designee shall hold a meeting with the Association to discuss the grievance. A decision shall be rendered by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, District within ten (10) school workdays of the meeting held at Level Three.
4. LEVEL FOUR - In the event the Association disagrees with the decision of the Superintendent at Level Three, such grievance may be appealed to arbitration. Written notice of such appeal is to be given to the Superintendent or designee within ten (10) work days of the decision at Level Three.
a. If the parties are unable to mutually agree upon an arbitrator within ten (10) days after the completion written request for arbitration, the dispute shall be processed under the auspices of the American Arbitration Association; the conduct of said hearing shall be controlled by its rules. Neither party shall be permitted to assert in such arbitration proceeding any ground or receipt to rely on any evidence not disclosed to the other side at least by the third step.
b. The arbitrator shall have no power or authority to add to, subtract from, alter or modify the terms of documents submitted by Xxxxxxxxx and Appelleethis Agreement nor to change any practice, policy, or rule of the Hearing Officer shall submit Board, nor to substitute his/her findings judgment as to the reasonableness of factany such practice, conclusions policy or rule. The arbitrator shall be limited to deciding whether or not there has been a violation of law the terms of the Articles, and recommendations sections of this Agreement and any binding past practices which exist between the parties. The Arbitrator shall not create obligations and conditions binding on the parties from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board.
c. The decision of the arbitrator shall be final and binding upon all parties within the arbitrator's jurisdiction. The arbitrator shall be requested to issue his written decision within thirty (30) calendar days after conclusion of testimony and argument. Both parties agree to be bound by the decision of the arbitrator. The fees of the American Arbitration Association and the fees and expenses of the arbitrator will be paid one-half (1/2) by the Association and one-half (1/2) by the Board, and all other expenses shall be borne by the party incurring them.
5. EXPEDITED ARBITRATION - Both parties to this Agreement may mutually agree to process a grievance at Level Four to expedite arbitration. The arbitration shall be conducted under the auspices of the American Arbitration Association; the conduct of said hearing shall be controlled by its rules.
a. Neither party shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not disclosed to the other side by the Level Three.
b. The arbitrator shall have no power or authority to add to, subtract from, alter or modify the terms of this Agreement.
c. The decision of the arbitrator shall be final and binding upon all parties within the arbitrator's jurisdiction. The arbitrator shall be requested to issue his written decision within thirty (30) calendar days after conclusion of testimony and argument. Both parties agree to be bound by the decision of the arbitrator. The fees of the American Arbitration Association and the fees and expenses of the arbitrator will be paid one-half (1/2) by the Association and one-half (1/2) by the Board, and all other expenses shall be borne by the party incurring them.
A. District Level Meetings:
ARTICLE V IMPLEMENTATION PROCEDURES
1. Implementation meetings shall be held between representatives of the Board and the Association negotiating teams, when requested by either team, however, neither party shall be required to meet more than one (1) meeting per month.
2. The purpose of these meetings will be to review the administration of the contract and resolve any problems that are not of a grievance nature. It is intended that these meetings will produce a high level of mutual understanding and that problems will be resolved on an equitable basis.
3. All meetings between the parties regularly scheduled to take place as promptly as possible at a time when the teachers involved are free from assigned instructional responsibilities unless otherwise requested by either the Association or the Board. The findings rescheduling will take place within ten (10) days of the Hearing Officer shall be distributed to both parties. Either party shall have request from the right to submit a written response to Association or the Board within five (5) school days after receipt at other than instructional time unless otherwise mutually agreed.
4. When a mutually acceptable amendment of the findings. The Board shall render its final decision within five (5) school days after Agreement results, it has heard will become valid when ratified by the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt general membership of the Hearing Officer's findingsAssociation.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present ) Level One - An employee, or an Association Representative on behalf of an employee, alleging a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member violation of the facts giving rise express provisions of this contract shall within forty-five (45) days of its alleged occurrence (or knowledge of the occurrence not to exceed one calendar year, whichever comes first) orally discuss the act or condition which is the basis of grievance with his/her grievancesupervisor. The grievant and An Association Representative shall be present at this discussion in an attempt to resolve the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionproblem. If no resolution is obtained within three (3) days of the grievance is not resolved at Step 1, then discussion the grievant employees shall reduce the grievance to writing and submit proceed within seven (7) days of said discussion to Level Two.
2) Level Two - A copy of the same written grievance shall be filed with the Superintendent or his designated agent in Level One with the endorsement thereon of the approval or disapproval of the Supervisor. Within five (5) days of receipt of the grievance, the Superintendent or his designated agent shall arrange a meeting with the grievant and the Association representative to discuss the Step 1 administrator grievance. With in five (5) days of the discussion, the Superintendent or his designated agent shall render his decision in writing.
3) Level Three - If the grievant is not satisfied with the disposition of the grievance by the Superintendent or his designated agent, or if no disposition has been made within five (5) school days of such meeting (or the ten days from the date of filing, whichever shall be later) the grievance shall be transmitted to the Board by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or ten (10) days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA whichever shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of be later, may hold a hearing on the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature or give such other consideration as it shall deem appropriate. Disposition of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with grievance by the grievant, and such meeting Board shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but made no later than ten (10) school days after thereafter. A copy of such meetingdisposition shall be furnished to the Association President.
4. Board-Step 4 The decision ) Level Four - Individual employees shall not have the right to process a grievance at Level Four.
a) If the Association is not satisfied with the disposition of the foregoing step grievance at Level Three, it may be appealed in writing by the aggrieved party to the Board within five thirty (530) school days after the decision of the CEO or his/her designated representative has been receivedBoard, notify the Board of the intent to submit the matter to arbitration. The Board may hear parties will then meet to select an arbitrator. If the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing parties cannot agree upon an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, arbitrator within ten (10) school days after days, the completion matter will be referred to the American Arbitration Association, in writing.
b) Neither party may raise new defense or grounds at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) weeks prior to the hearing a rehearing statement alleging facts ground and defenses which will be proven at the hearing and hold a conference at that time, in an attempt to settle the grievance.
c) The decision of the hearing or receipt of documents submitted by Xxxxxxxxx arbitrator shall be final and Appelleeconclusive and binding upon employees, the Hearing Officer Board and the Association. Subject of the right of the Board and the Association to judicial review, any lawful decision of the arbitrator regarding disciplinary matters shall submit his/her findings be forthwith placed into effect.
d) Powers of fact, conclusions of law and recommendations the arbitrator are subject to the Board. The findings following limitations:
1) He shall have no power to add to, subject from, disregard, alter or modify any terms of this Agreement.
2) He shall have no power to establish salary scales.
3) He shall have no power to decide any questions which, under Article III of this Agreement, is reserved as the responsibility of this management to decide.
4) He shall have no power to interpret state or federal law.
5) He shall not hear any grievance previously barred from the scope of the Hearing Officer shall grievance procedure.
6) More than one grievance may not be distributed to both parties. Either party shall have considered by the right to submit a arbitrator at the same time except upon expressed written response to mutual consent and than only if they are of similar nature.
7) Where no monetary loss has been caused by the action of the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are receivedcomplained of, the Board shall render its final decision within five (5) school days after receipt be under no obligation to make monetary adjustments and the arbitrator shall have no power to order one.
8) Arbitration awards or grievance settlements will not be made retroactive beyond the date of the Hearing Officer's findingsoccurrence or nonoccurrence of the event upon which the grievance is based.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Procedure. Procedure for Verbal and Written Reprimands
A) For Verbal and Written Reprimands, if an employee commits an infraction and a counseling is not utilized, he or she will be given a Verbal Reprimand and be placed in Step One of the disciplinary procedure. A grievance copy of the reprimand will be given to the employee, the Union representative, and the Union President. A Verbal Reprimand must be served within fifteen (15) workdays of the City having gained knowledge of the infraction. the employee will be notified in writing of the pending charges and the date, time and location of the meeting to discuss the infraction. The reprimand It should be served done in a private manner which would not cause embarrassment to the employee.
B) For Written Reprimands, if an employee commits an infraction within twelve (12) months of a Verbal Reprimand, he or she will be given a Written Reprimand and be placed in Step Two of the disciplinary procedure. A copy of the reprimand will be given to the employee, the Union representative, and the Union President. A Written Reprimand must be served within fifteen (15) workdays of the City having gained knowledge of the infraction. The reprimand should be served in a private manner which would not cause embarrassment to the employee. The Local 2058 President, Vice President, or Chief Xxxxxxx or designee shall be presented notified of the meeting at which the reprimand is to be discussed and adjusted in served. Preferably the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator meeting should occur within a reasonable time, five (5) workdays after knowledge of the infraction is gained; but in no event longer case more than fifteen (15) school days after knowledge by workdays thereafter.
C) The Union President, Vice President, Chief Xxxxxxx, or designee is to be present along with the staff member employee, the Division head and any other necessary management personnel. The employee may not waive the presence of the facts giving rise to the act Union President, Vice President, Chief Xxxxxxx, or condition which is the basis of his/her grievancedesignee. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5CD) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step Reprimands may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision Two of the Step 1 administrator or his designated representative has been receivedgrievance procedure. The Step 2 administrator or his/her designated representative shall meet with A meeting to review the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity matter is to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, held within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appelleeworkdays, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Boardwith a decision due within seven (7) ten (10) workdays thereafter. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsNo further appeal is permitted.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Step One. A grievance shall may be presented and adjusted initiated in one (1) of the following manner:ways.
1. Immediate Administrator-Step 1 The teacher may approach the building principal concerned and discuss the matter in his/her own behalf.
2. The teacher may request that a representative of the Association accompany the teacher and in such case the building principal shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
3. The teacher may bypass this step of the procedure if the grievance is of a personal nature.
1. The grievance form shall present a be filed in quadruplicate with one (1) copy for the Association, the grievant, the building principal, and the Superintendent's office.
2. The grievance orally to his immediate administrator within a reasonable timeshall (a) name the other teacher(s) involved, but in no event longer than fifteen if any; (15b) school days after knowledge by the staff member of state the facts giving rise to the act grievance; (c) identify the specific provisions of this agreement alleged to have been violated or condition which is misinterpreted; (d) state the basis contention of the grievant with respect to the grievance; (e) indicate the specific relief requested; and (f) be signed by the grievant (s). In the case of an Association grievance under Section 2B, the grievance shall be signed by the President(s) of the Association.
3. The grievance should be filed as soon as possible, but any grievance not presented in writing in Step Two within twenty (20) days of the time the grievant knew, or reasonably should have known, of the grievance shall be deemed waived and shall not be processed.
4. The teacher may request a meeting with the building principal, and the Association representative may accompany the grievant. In any event, within three (3) workdays after receiving the written grievance, the building principal shall communicate his/her grievance. The answer, in writing to the grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionAssociation
1. If the grievance is not resolved at in Step 1Three, then the teacher may, within three (3) work days of receipt of the Superintendent's answer, appeal to the Board by filing the grievance and the building principal's answer, along with a written response of the teacher, if desired, with the office of the Superintendent who signs a receipt. Any such response by the grievant shall reduce the grievance to writing and submit the same be attached to the Step 1 administrator grievance.
2. A meeting with the Board or its designated members shall be held within ten (10) work days following the receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, the time, and the place where the appeal shall be heard. The Board's written answer shall be transmitted to the grievant and the Association within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school work days after the decision of the Step 1 administrator or his designated representative has been receivedinformal hearing.
1. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of parties, the meeting School board and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representativeAssociation, shall communicate his/her written decision together with supporting reasons attempt to select an arbitrator by mutual agreement. If the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of parties cannot agree on the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officerarbitrator, within ten (10) school work days after notification is given, the completion arbitrator shall be selected in accordance with the rules of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the BoardAmerican Arbitration Association.
2. The findings parties agree that neither party shall be permitted to present matters outside the scope of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render grievance and its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsattachments.
Appears in 3 contracts
Samples: Master Contract, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance Step 1. Any Player who believes that he has a justifiable Grievance shall first discuss the matter with a representative of his Club desig- nated to handle such matters, in an attempt to settle it. If the matter is not resolved as a result of such discussions, a written notice of the Grievance shall be presented and adjusted in to the Club’s designated representative; provided, however, that for a Grievance to be considered beyond Step 1, such written notice shall be presented within (a) 45 days from the date of the occurrence upon which the Grievance is based, or (b) 45 days from the date on which the facts of the matter became known or reasonably should have become known to the Player, whichever is later. Within 10 days following manner:
1. Immediate Administrator-Step 1 The grievant shall present receipt of such written notice (within 2 days if disciplinary suspension or a grievance orally involving Player safety and health), the Club’s designated representative shall advise the Player in writing of his decision and shall furnish a copy to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member Asso- ciation. If the decision of the facts giving rise to Club is not appealed further within 15 days of its receipt, the act or condition which is Grievance shall be considered settled on the basis of his/her grievance. The grievant that decision and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 be eligible for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip further appeal.
Step 2.
. A Grievance, to be considered in Step 2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may shall be appealed in writing by the grievant Grievant or by the Association to a designated represen- tative of the LRD within 15 days following receipt of the Club’s writ- ten decision. Grievances which involve (a) more than one Club, or (b) a Player who is not under contract to a Club that is party to the Griev- ance, may be filed initially in Step 2, provided that written notice of the Grievance shall be presented to the designated representative of the LRD within (a) 30 days from the date of the occurrence upon which the Grievance is based, or (b) 30 days from the date on which the facts of the matter became known or reasonably should have become known to the Player, whichever is later. A Grievance appealed to or filed at Step 2 shall be discussed within 35 days thereafter (within 2 days if disciplinary suspension or a grievance involving Player safety and health) between representatives of the LRD and representatives of the Association in an attempt to settle it. If both Parties agree, the Player and Club principals will also participate in the Step 2 administrator meeting. The Parties will attempt to exchange documents in advance of the Step 2 meeting but the meeting shall occur within five 35 days even if documents have not been exchanged by that date. Within 10 days following such meeting (5) school within 2 days after if disciplinary suspension or a grievance involving Player safety and health), the designated representative of the LRD shall advise the Grievant in writing of his decision and shall furnish a copy to the Association. If the decision of the LRD represen- tative is not appealed further within 15 days of its receipt, the Griev- ance shall be considered settled on the basis of that decision and shall not be eligible for further appeal. Arbitration. Within 15 days following receipt of the Step 1 administrator 2 decision, the Grievant or his designated representative has been receivedthe Association may appeal the Grievance in writing to the Panel Chair for impartial arbitration. The Step 2 administrator or his/her designated representative Panel Chair shall meet with set a time, date and place for hearing the grievant appeal. The Panel Chair shall attempt to open the hearing within five one-year from the filing of the Grievance (5) school within 5 days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of appeal if a disci- plinary suspension or a grievance involving Player safety and health). If the meeting and Panel Chair cannot do so given previously scheduled hearings, the Panel Chair shall direct that the Grievance be assigned to an opportunity Alter- nate Panel Chair, unless one of the Parties objects. In response to an objection, the Panel Chair shall select Grievance(s) to be heardassigned to particular Alternate Panel Chair(s) so that hearings for all Grievances will open within one year of filing. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing A case heard by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.Alternate Panel
Appears in 3 contracts
Samples: Basic Agreement, Basic Agreement, Basic Agreement
Procedure. (a) A grievance certified/licensed personnel and an Alliance representative (if the certified/licensed personnel so desires) shall first discuss the problem with the school official serving as his/her immediate supervisor (director or principal). If the certified/licensed personnel does not wish to be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge represented by the staff member of the facts giving rise to the act or condition which is the basis Alliance, he/she may be accompanied by another certified/licensed personnel of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionown choice provided that such teacher is not an officer, agent, or representative of any other certified/licensed personnel organization. If the grievance matter is not resolved at Step 1satisfactorily adjusted within two (2) school days the certified/licensed personnel shall submit it in writing within five (5) school days to such immediate supervisor above for a satisfactory adjustment.
(b) Such immediate supervisor may request a meeting with the certified/licensed personnel and an Alliance representative (if the certified/licensed personnel so desires) prior to making his/her decision, then but in any event, must render his/her decision within five (5) school days of the grievant submission to him/her by the certified/licensed personnel. Upon request, such decision shall reduce the grievance to be in writing and submit the same with copies to the Step 1 administrator certified/licensed personnel and the Alliance.
(c) Failing satisfactory settlement within such time limit the aggrieved certified/licensed personnel may, within five (5) school days, but appeal in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference writing to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, Superintendent or his/her designated representative, may be present at and such writing shall set forth specifically the meeting act or condition on which the grievance was based in the first step above and state the grounds upon which the appeal is based.
(d) The Superintendent and/or his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting certified/licensed personnel and an opportunity to be heard. The Step 3 administrator or his/her designated Alliance representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing if requested by the aggrieved party to the Board within five (5certified/licensed personnel) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt by him/her of documents submitted by Xxxxxxxxx such appeal, and Appellee, the Hearing Officer shall submit give his/her findings of fact, conclusions of law and recommendations decision in writing to the Board. The findings of certified/licensed personnel and the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board Alliance within five ten (510) school days after of such meeting.
(e) Failing satisfactory settlement at Section (d), the aggrieved may appeal to the Pawtucket School Committee. The Committee shall hold a hearing within ten (10) days of the receipt of the findings. The Board such appeal and shall render its final a decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses in writing to the Hearing Officer's findings. If no responses are received, aggrieved and to the Board shall render its final decision Alliance within five ten (510) school days after receipt of the Hearing Officer's findingssuch hearing.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A Step One Within ten (10) working days of the time that the grievant knew, or reasonably should have known of the grievance, the grievant, who may be accompanied by an association representative, shall present the grievance to the building principal during non- teaching hours. Within three (3) working days after the presentation of the grievance, the building principal shall orally answer the grievant, who may be presented and adjusted in the following manner:accompanied by an association representative. Step Two
1. Immediate Administrator-Step 1 The grievant Within five (5) working days of the oral answer, if the grievance is not resolved, it shall present a grievance orally to his immediate administrator within a reasonable timebe stated in writing, but in no event longer than fifteen (15) school days after knowledge signed by the staff member of grievant and submitted to the building principal on the form provided by the administration.
2. The grievance shall (a) name the employee involved, (b) state the facts giving rise to the act grievance, (c) identify the specific provisions of this agreement alleged to be violated, (d) state the contention of the grievant with respect to the grievance, and (e) indicate the specific relief requested.
3. Within five (5) working days after receiving the written grievance, the principal may request a meeting with the grievant. Within five working days after this meeting, or condition which with five working days after receipt of the grievance if no meeting is held, the basis of his/her grievanceprincipal shall communicate his answer in writing to the grievant. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionStep Three
1. If the grievance is not resolved at in Step 1Two, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator may, within five (5) school daysworking days of receipt of principal's answer, but in no event should appeal to the superintendent by filing the grievance remain unresolved at Step 1 for twenty and the principal's answer along with any written response of the grievant to the answer of the principal, with the office of the superintendent, which shall receipt therefore.
2. The superintendent, or his designated representative, shall, within ten (2010) school working days after knowledge the receipt of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the a grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting meet with the grievant, and such meeting shall who may be held and a decision in writing rendered within five (5) school days. In accompanied by an association representative, to discuss the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2grievance.
23. Director IIIThe superintendent, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to give the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed an answer in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school working days after such meetingmeeting with the grievant.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Contract Agreement, Contract Agreement
Procedure. The parties agree to act in good faith to attempt to resolve the grievance promptly and expeditiously. All grievances must be submitted in writing using the grievance form found in Appendix H, stating the facts of the complaint, the section(s) of this Agreement involved and the relief requested at the appropriate initial step. All grievances must progress through the appropriate steps in order to be considered unless the parties mutually agree in writing to file a grievance at an advanced step. A grievance shall be presented and adjusted processed in the following manner:
1. Immediate Administrator-Step 1 The - After verbal notification to their immediate supervisor, any grievant shall present who has a grievance orally shall submit the same in writing to his immediate administrator the supervising Lieutenant within a reasonable time, but in no event longer than fifteen five (155) school calendar days after knowledge by the staff member grievant knows, or through the exercise of reasonable diligence, should have known of the facts event giving rise to the act or condition which is the basis of his/her grievance. The grievant and supervising Lieutenant shall give a written answer within three (3) scheduled work days after receipt of the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. grievance.
Step 2 - If the grievance is not resolved at settled in Step 1, then 1 and an Officer or the grievant shall reduce Association wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be referred in writing and submit the same to the Police Chief within three (3) calendar days of the response, from the supervising Lieutenant. Each Step 1 administrator 2 grievance shall be signed by the Police Officer or Association Xxxxxxx. The Police Chief, or designated representative, shall discuss the grievance with the Officer, the Association's designated representative and any additional persons the parties deem necessary within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school calendar days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement receipt of the grievance, including the relevant date - A reference . The Police Chief shall give a written answer to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered grievance within five (5) school days. In calendar days of the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2meeting.
2. Director III, Area Executive Officer or Designee —Step 3 - If the grievance is not settled in Step 2 The decision of and the foregoing step may Association wishes to appeal, it shall be appealed referred in writing by the grievant to the Step 2 administrator City Manager and/or a designated representative within five three (53) school calendar days after the decision Association Grievance Committee's approval of an appeal but in no event more than ten (10) days after the Police Chief's answer at Step 1 administrator or his designated representative has been received2. The Step 2 administrator or his/her A meeting between the City Manager and/or representative, the Police Officer, and the Association's designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive be held at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons a time mutually agreeable to the grievant and to the Step 1 administrator as soon as possible, but parties. This meeting shall be held not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school calendar days after the grievance has been filed with the City Manager. Should the Association fail to attend the scheduled meeting, the grievance will be considered waived. If the grievance is settled as a result of such a meeting.
4. Board-Step 4 The decision of , the foregoing step may settlement shall be appealed in reduced to writing and signed by the aggrieved party to City Manager, or his representative, and the Board Association. The City Manager shall give a written response within five (5) school calendar days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsmeeting.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A a) The employee(s) and/or the union representative involved shall discuss the grievance with the immediate supervisor. The Union Xxxxxxx may attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meeting, the grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance reduced to writing and submit the same submitted to the Step 1 administrator Director of the Department within five seven (57) school days, but in no event should calendar days from the date of the grievance remain unresolved at Step 1 for twenty (20meeting with the immediate supervisor.
c) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position The Director of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator Department or his/her designee shall schedule a meeting with study the grievant, grievance and such meeting shall be held and a decision respond in writing rendered within five seven (57) school calendar days. In This response from the event that Director or his/her designee will be the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2final position of the Department.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by d) If the grievant or the Union wishes to the Step 2 administrator within five (5) school days after appeal from the decision of the Step 1 administrator Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or his designated representative has been receiveddue. The Step 2 administrator or his/her designated representative appeal shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. directed to the Labor and Employee Relations Section of Staff Human Resources, as the Chancellor’s designee.
e) The Step 1 administratorCampus Chancellor, or his/her designated representativedesignee, may be present at shall fully investigate the meeting and state his/her viewsgrievance, including conducting a hearing if so requested by the Union or grievant. The Step 2 administratorCampus Chancellor, or his/her designated representativedesignee, shall communicate his/her written decision together with supporting reasons to issue the grievant and to Campus Decision on the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearinggrievance, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officerwriting, within ten seven (107) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school calendar days after receipt of the findings. The Board appeal if no hearing is conducted, or within fourteen (14) calendar days from the close of any hearing which is conducted by the Campus Chancellor, or his designee.
f) If the grievant or the Union wishes to appeal from the decision of the Campus Chancellor, or his/her designee, it shall render its final decision within five (5) school days after it has heard the grievancerequest mandatory arbitration, or, if the matter has been referred to a Hearing Officerin writing, within five seven (57) school calendar days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after from date of receipt of the Hearing Officer's findingsdecision. The written request shall be directed to the Director of Labor and Employees Relations – Staff Human Resources.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance A. Grievances shall be presented and adjusted handled in the following manner:
Step 1: A Bargaining Unit Member who has had an alleged grievance may discuss such grievance with his/her immediate supervisor in the hope that the problem may be resolved through free and informal communication. Immediate Administrator-Step 1 The When requested by the grievant, an Association representative may accompany the grievant to assist in the informal resolution of the grievance. Nothing contained herein shall present a be construed to prohibit the Principal from adjusting the grievance orally provided that the adjustment is not inconsistent with the terms of the Agreement. If the informal process fails to his immediate administrator rectify the problem, Steps 2 and 3 below may be followed. If however, after the grievant had knowledge of or within a reasonable time, but in no event longer than fifteen (15) school work days after knowledge by the staff member of the facts giving rise to time that a reasonably alert person should have had knowledge of the act action or condition which is the basis of his/her the alleged grievance, it shall not be considered actionable.
Step 2: The grievant shall present the grievance in writing specifying the Article and clause alleged to have been violated and state the remedy sought, to the building principal who will arrange for a meeting to take place within ten (10) work days after receipt of the said grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1Association’s representative, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting the principal shall be held and a decision in writing rendered within five (5) school dayspresent for the meeting. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than Within ten (10) school work days after such of the meeting, the grievant and the Association shall be provided with the principal’s written response.
4. Board-Step 4 The 3: If the grievant is not satisfied with the decision of the foregoing step rendered in Step 2, a written appeal may be appealed in writing by the aggrieved party forwarded to the Board within five (5) school days after the decision Superintendent/Assistant Superintendent of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, schools within ten (10) school work days after the completion receipt of the hearing or answer in Step 2. A meeting, if requested, shall be conducted by the Superintendent/Assistant Superintendent and action shall be taken on the appeal of the alleged grievance within ten (10) work days after receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Boardsuch appeal. The findings of the Hearing Officer shall be distributed to both parties. Either Each party shall have the right to include in its representation such witnesses or advisors as it deems necessary. Within ten (10) work days of the meeting, the grievant shall be provided with the superintendent’s written response.
B. A grievance may, by mutual agreement between the grievant and the superintendent, be presented initially at Step 3.
C. If the Association is not satisfied with the disposition of the Grievance at Step 3 or ten (10) days pass without the issuance of the Superintendent’s decision, the Association may submit the grievance to final and binding arbitration. Following the request for arbitration, the Association shall request the services of an arbitrator from the American Arbitration Association. If a written response demand for arbitration is not filed within thirty (30) days of the date for the Step 3 decision, then the grievance shall be deemed withdrawn.
D. The arbitrator’s decision shall be binding upon the parties. The arbitrator shall not, however, have the power to add to or to subtract from, alter, or modify in any manner any of the terms of this agreement. Any grievance appealed to arbitration and on which the arbitrator determines has no jurisdiction or power to rule, shall be referred back to the Board within five (5) school days after receipt parties without decision or recommendation and the superintendent’s disposition as determined under Step 3 of the findings. The Board grievance procedure shall render its final then be final.
E. No reprisals shall be taken by the district against any Bargaining Unit Member because of the Bargaining Unit Member’s participation in a grievance.
F. All records related to a grievance shall be filed separately from the personnel files of the Bargaining Unit Members.
G. A grievance may be withdrawn at any level without establishing a precedent.
H. If no written decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to rendered within the time limits indicated by a Hearing Officerstep, within five (5) school days after it has received the responses grievance may be processed to the Hearing Officer's findings. If no responses are received, next step.
I. The fees and the Board shall render its final decision within five (5) school days after receipt expense of the Hearing Officer's findingsarbitrator shall be shared equally by the parties.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant Level One – INFORMAL THEN WRITTEN A teacher shall present a first discuss the alleged grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge with the principal personally or accompanied by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionteacher’s Association Representative. If the grievance is not resolved at Step 1resolved, then the teacher may invoke the formal grievance procedure through the Association on the proper form, furnished by the Board, within thirty (30) calendar days. Extensions of the time to file will be freely granted upon the first request. The grievant shall reduce deliver one (1) copy of the grievance to writing the principal and submit the same a second copy to the Step 1 administrator within five Association President. Within one (51) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge calendar week of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position receipt of the aggrieved employee - A statement written grievance, the principal shall meet with a designated representative of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - Association. The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or principal shall indicate his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision disposition in writing rendered within five one (51) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2calendar week of such meeting.
2. Director IIILevel Two - SUPERINTENDENT If the Association is not satisfied with the disposition, Area Executive Officer or Designee —Step 2 The decision of if no disposition has been made within two (2) calendar weeks, from the foregoing step may be appealed in writing by date the grievant to the Step 2 administrator within five written grievance was filed or thirty (530) school days after the decision alleged violation, whichever is later, the grievance shall be transmitted to the Superintendent. If the grievance is not forwarded to the Superintendent within thirty (30) calendar days after the teacher or Association knew or should have known of the Step 1 administrator act or his designated representative has been receivedcondition on which the grievance is based, then the grievance shall be considered as waived. The Step 2 administrator Within one (1) calendar week from receipt, the Superintendent or his/her designated representative designee shall meet with the grievant within five Association to hear the grievance. If school is not in session, the time lines will automatically be extended to either two (5s) calendar weeks or, at either party’s choice, extended until school days of receipt of are back in session. During the appealSchool year, disposition to the Association in writing will be within one (1) calendar week following the meeting. The aggrieved party will receive at least If the Association is not satisfied with the Superintendent’s or Designee’s answer, or no answer is received within two (2) school day's notice calendar weeks from the date of filing with the meeting and an opportunity to be heard. The Step 1 administratorSuperintendent/Designee, or his/her designated representative, the grievance may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons submitted to the grievant and to the Step 1 administrator as soon as possible, but not later than five next level within two (52) school days after such meetingadditional calendar weeks.
3. Area Executive Officer Level Three - MERC MEDIATION If either party requests, the services of MERC mediator will be sought and used in an attempt to resolve the grievance short of arbitration. If the MERC mediator cannot meet within 3 weeks, the moving party may insist that MERC mediation step is skipped and file for arbitration. Level 4 timelines begin after Mediation is concluded or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meetingskipped.
4. Board-Step 4 Level Four – ARBITRATION If the Association elects to submit the grievance to arbitration, it shall notify the Superintendent in writing within three (3) calendar weeks following the disposition at Level Two or Level Three, if applicable.
a. An Arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding.
b. The decision Arbitrator so selected shall confer with representatives of the foregoing step may Board and Association; shall hold hearings promptly; and shall issue a decision not later than Thirty (30) calendar days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to the Arbitrator. The Arbitrator’s decision shall be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance and shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her set forth findings of fact, reasoning, and conclusions on the issues submitted. The Arbitrator shall be without power and authority to make any decision which requires the commission of an act prohibited by law and recommendations or which violates the terms of this Agreement.
c. The parties shall usually not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence, not previously disclosed to the Boardother party. If however, such ground or evidence is asserted or relied upon, the other party may elect to postpone the hearing in order to have time to investigate and submit a rebuttal to that new evidence or ground.
d. The findings Arbitrator shall have no power to alter, add, to or subtract from the terms of this Agreement.
e. Both parties agree to be bound by the Arbitrator’s award and agree that judgment thereon may be entered in any court of competent jurisdiction for the enforcement of the Hearing Officer Arbitrator’s award.
f. The fees and expenses of the Arbitrator shall be distributed to both shared equally by the parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. All grievances, support of grievances, answers, and decisions shall be presented in writing beginning with Level II, and adjusted must be submitted on the Grievance Form. The Grievance Report Form shall be available in the following mannerplaces: Superintendent’s office, High School Principal's office, Elementary Principal's office, Community Ed office, Local Association President’s office and Middle School Office. All grievances must follow the steps described in this agreement starting with level one (I) and ending with level (V), with the exception of class or group grievances which have their own procedures (see Section C on Class or Group Grievances). In the event that there is a failure to appeal a decision at any level within the specified time lines, said failure shall be deemed an acceptance of the decision at that level and further proceeding of the case shall be prohibited. The teacher has at his/her disposal three (3) procedures for handling his/her grievance: 1) he/she may proceed to process the grievance by himself/herself, 2) with the Association agent, 3) he/she may elect to have the Association agent confer for him/her.
a. Level One - Oral - Immediate Supervisor: The aggrieved believing that there has been a violation shall within ten (10) school days of the alleged occurrence of the grievance, orally discuss the grievance with the Building Principal and the representative of the Local Association in an attempt to resolve the matter. If no resolution is obtained following the discussion, the grievance will continue in accordance with Level Two, on the Grievance form as shown in the Appendix. An oral grievance must contain the following:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member A synopsis of the facts giving rise to the act alleged violation.
2. Specific sections or condition which is subsections of the basis of his/her grievancecontract alleged to have been violated.
3. The grievant and Specific relief requested.
b. Level Two - Written - Immediate Supervisor: Any written grievance filed by the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator aggrieved must be received within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply from the standard grievance form which shall contain the following information: - Name alleged violation and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five no later than ten (510) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been receivedLevel I meeting. The Step 2 Board hereby designates for its representatives for such purposes, the Principal in each school building and the program administrator or his/her designated representative shall meet with the grievant within for programs not having a principal. Within five (5) school days of the receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administratorgrievance, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated and/or local association representative shall meet with the grievant within five (5) school days of receipt building principal or program administrator in an effort to resolve the grievance. The written grievance must include:
1. The signature of the appealAssociation President or Grievance Chair.
2. The grievant will receive at least two (2) school days' notice A synopsis of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons facts giving rise to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meetingalleged violation.
43. Board-Step 4 The decision Specific sections or subsections of the foregoing step may be appealed in writing by the aggrieved party contract alleged to the Board within five (5) school days after the decision of the CEO or his/her designated representative has have been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsviolated.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate AdministratorLevel One (1) - Within twenty-Step 1 The one (21) days of the occurrence of the grievance, or within twenty-one (21) days of the time that the aggrieved party becomes aware of the occurrence of the grievance, or with reasonable diligence should have become aware of the occurrence of the grievance, the grievant shall present the appropriate administrator with the signed, written complaint on the appropriate form. An attempt to resolve the grievance through co-mediated discussion shall be made within fourteen days. The administrator must render a grievance orally to his immediate administrator decision within a reasonable time, but in no event longer than fifteen (15) school seven days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievanceco-mediated discussion.
2. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. Level Two (2) - If the grievance is not resolved at Step Level One (1), then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by on the grievant appropriate form to the Step 2 administrator within five (5) school days after the decision office of the Step 1 administrator Superintendent or his designated representative has been receiveddesignee within seven days of the receipt of the Level One (1) decision. The Step 2 administrator If the grievance is properly appealed, the Superintendent or his/her designated representative designee shall meet with the grievant aggrieved party, Association representative, and the parties of interest within five (5) school seven days of receipt of to discuss and attempt to resolve the appealgrievance. The aggrieved party will receive at least two decision reached in Level Two (2) school day's notice of the meeting and an opportunity to shall be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons issued in writing to the grievant aggrieved party if not represented by the Association and to the Step 1 administrator as soon as possible, but not Association no later than five fourteen (514) school days after such following the Level Two (2) meeting.
3. Area Executive Officer or Designee —Step 3 The Level Three (3) - If the grievance has not been resolved at Level Two (2), the decision of the foregoing step may be appealed in writing by the grievant to the CEO Board for consideration within five (5seven(7) school days after the decision of the Step 2 administrator receipt of the Level Two (2) decision or his/her designated representative within fourteen (14) days of the date of the meeting in the event no decision has been receivedrendered, by filing a written copy thereof with the Clerk of the Board and with the Superintendent or designee. The CEO Board or his designated representative a committee thereof shall meet with the grievant aggrieved party, Association representative, and the parties of interest at its next regular meeting. The disposition of the grievance shall be indicated in writing to the aggrieved and to the Association if not represented by the Association no later than the next regularly scheduled Board meeting following the meeting during which the grievance was originally considered by the Board or committee thereof.
4. Level Four (4)-
a) If the grievance remains unresolved at the conclusion of Level Three (3), the grievance may be submitted to the Board by the Association for binding arbitration, provided written notice of the request for submission to arbitration is delivered to the Clerk of the Board and to the Superintendent or designee within five fourteen (514) school days of the date of receipt of the appealdecision at Level Three (3) or within twenty-one (21) days of the date of the Level Three (3) meeting in the event no decision has been rendered.
b) If the parties cannot agree as to the arbitrator within seven (7) days from the date of notification that arbitration will be pursued, the Board of Personnel Appeals shall be called upon to submit a list of seven (7) names of arbitrators. Within seven (7) days of the receipt of the list, the parties shall select an arbitrator by striking names from the list in alternate order, and the name thus remaining shall be forwarded to the Board of Personnel Appeals. The grievant will receive at least two (2) school days' notice Board of Personnel Appeals shall notify the meeting and an opportunity to be heard. The Step 3 administrator or arbitrator of his/her designated representative may be present at the meeting and state his/her viewsselection. The CEO or his designated representative date of the arbitration hearing shall communicate his/her written decision together be arranged by the arbitrator in consultation with supporting reasons the Board and the Association. Within thirty (30) days of the date the hearing is closed, the arbitrator shall make an award unless other time limits are required of the arbitrator.
c) Rules of procedure to govern the hearing shall be fixed by the arbitrator, and the award, when signed by the arbitrator and submitted to the grievant Association and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5the prescribed time limits, shall be final and binding and shall be subject to rulings in a court of competent jurisdiction.
d) school days after The arbitrator shall have no power to add to, subtract from, or alter or vary in any way the decision express terms of this Agreement, nor imply any restriction or burden against either party that has not been assumed in this Agreement. The arbitrator shall have no authority to rule on a non-germane issue of law.
e) The fees and expenses of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance arbitrator shall be heard fifteen (15) school days after shared jointly and equally between the receipt Board and the Association. Neither party shall be required to pay any part of the appeal by cost of a stenographic record without its consent, provided that failure of a party to share the Board. Alternatively, PSASA may elect at the time cost of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such record shall be deemed a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion waiver of the hearing or receipt party's right of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations access to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsrecord.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance Class or group grievances will follow the steps and time lines specific to them, beginning at the Superintendent level. In the event that there is a failure to appeal a decision at any level within the specified time lines, said failure shall be presented deemed an acceptance of the decision at that level and adjusted further proceeding of the case shall be prohibited.
a. Level One - Oral - Superintendent The Association President or Grievance Chair must meet with the Superintendent or designee within five (5) days of the perceived contract violation in an effort to resolve the following mannerproblem. The oral discussion must include:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member A synopsis of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2alleged violation.
2. Director III, Area Executive Officer Specific sections or Designee —Step 2 The decision subsections of the foregoing step may be appealed in writing by the grievant contract alleged to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has have been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetingviolated.
3. Area Executive Officer or Designee —Step 3 The decision of Specific relief requested. If no resolution is obtained following the foregoing step may be appealed in writing by discussion, the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant grievance will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, continue in accordance with procedures (if any) established Level II on the grievance form shown in the appendix.
b. Level Two - Written - Superintendent Any written grievance filed by the Board for such a review. In all matters referred to a Hearing Officer, Association must be received by the Superintendent within ten (10) school days after from the completion alleged violation. The written grievance must include:
1. The signature of the hearing Association President or Grievance Chair.
2. A synopsis of the facts giving rise to the alleged violation.
3. Specific sections or subsections of the contract alleged to have been violated.
4. Specific relief requested. The Superintendent shall respond to the Association within ten (10) days of the receipt of documents submitted by Xxxxxxxxx and Appelleethe written grievance form. If the response at this level is not satisfactory, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations Association may request the grievance move to the Board. next level.
c. Level Three - Board The findings of Superintendent must receive the Hearing Officer shall be distributed request to both parties. Either party shall have the right move to submit a written response to the Board Level III within five (5) school days after receipt of the findingsdate of the Level II response. The Board shall render its final decision within Association request to move to Level III must be received at least five (5) school days after prior to the next regular Board meeting in order to be considered at that meeting. When the Board considers the grievance it has heard may:
1. Hold a hearing, or
2. Designate one or more members to hold a hearing, or
3. Otherwise investigate the grievance or prescribe such procedure as it may deem appropriate for consideration of the grievance, or, if the matter has been referred to a Hearing Officer, . Final Board level response must be within five ten (510) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, of the Board shall render its final decision within five (5) school days after receipt of meeting in which the Hearing Officer's findingsgrievance was heard unless an extension is mutually agreed upon.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Procedure. A grievance In the event of a recall, affected employees shall be presented and adjusted recalled in the following manner:order and manner described below.
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally First, employees who have exercised seniority within their classification by accepting another position equal to his immediate administrator within a reasonable timeor lower than the position from which they were laid off shall, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is on the basis of his/her grievanceseniority accrued within the classification, have the option of returning to the position they held at the time of layoff, if the position is reinstated.
2. Second, employees shall be recalled to the classification from which they were laid off in reverse order of the layoff, with the highest seniority employee being recalled first. This provision applies to employees who were laid off from the classification, as well as to employees who were also laid off from the classification, but who exercised their accrued seniority in another classification in which they had previously worked. Employees being recalled in accordance with this provision shall be eligible for any position within the classification which is lower than or equal to the position from which they were laid off based upon comparative wage rates, provided that they are qualified for the position when it is different from the position they held at the time of layoff.
3. The grievant and the immediate administrator recall of employees from layoff shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference be subject to the applicable provisions of this Agreement and/or Board policyArticle XIII, if any - The corrective action requested - Signature Section A.4, dealing with return from leaves of the aggrieved absence.
a. An employee - Date submitted and shall have a right to recall for a period of time The Step 1 administrator or equal to his/her designee shall schedule accumulated seniority at the time of layoff up to a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five maximum period of two (52) school days. years.
b. In the event an employee fails to report his/her intent to return to work, or fails to submit a written refusal of recall pursuant to Section 6 below, within seven (7) calendar days following the date of delivery of a written notice of recall, the employee shall be considered to have quit. Further, such an employee shall also be considered to have quit, in the event he/she fails to report to work within three (3) working days after the date he/she is scheduled to return to work.
4. In certain circumstances, employees may refuse recall by providing written notification of such refusal to the Board within the time limits set forth in Section 5 above.
a. In the event a secretary is laid off from a full time position and is recalled to a part-time position, or in the event the secretary is laid off from a part- time position and is recalled to a position of lesser time than that part-time position, the affected secretary may refuse the recall, and still retain his/her recall rights as provided in this Agreement if another laid-off secretary returns to the position. If it is necessary for the district to hire a secretary to fill the vacancy, the laid-off secretary will either need to return to the position or resign.
b. A paraprofessional may refuse recall to a position of lesser time than the position from which he/she was laid off, provided that the grievant's immediate administrator time difference between the two positions is an average of more than one (1) hour per day. A paraprofessional refusing recall in accordance with this provision shall retain his/her recall rights as provided in this Agreement if another laid-off paraprofessional returns to the position. If it is necessary for the district to hire a Director III paraprofessional to fill the vacancy, the laid-off paraprofessional will either need to return to the position or Area Executive Officerresign.
c. In the event a technology specialist is laid off from a full time position and is recalled to a part-time position, then or in the event the technology specialist is laid off from a part-time position and is recalled to a position of lesser time than that part-time position, the affected technology specialist may refuse the recall, and still retain his/her recall rights as provided in this Agreement if another laid-off technology specialist returns to the position. If it is necessary for the district to hire a technology specialist to fill the vacancy, the laid-off technology specialist will either need to return to the position or resign.
d. If an employee refuses recall to a part-time or lesser time position, he/she shall skip Step 2.
2. Director IIInot be eligible to displace the employee granted the part-time or lesser time position, Area Executive Officer even if such position becomes full time or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board hours are increased for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after position unless the completion of position becomes vacant and is available for employees on the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsrecall list.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Procedure. A 3-3.1 Any teacher who has a grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present state this is a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of when first discussing it with his/her grievanceprincipal (or immediate supervisor or department head, if applicable) in an attempt to resolve the matter informally at that level.
3-3.2 If as a result of the discussion, the matter is not resolved to the satisfaction of the teacher within five (5) work days, he/she shall set forth his/her grievance in writing to the principal specifying: (a) the nature of the grievance and the article of agreement allegedly violated; (b) the nature and extent of the injury, loss or inconvenience; (c) the results of previous discussions; (d) his/her dissatisfaction with decisions previously rendered; (e) the remedy sought. The grievant principal shall communicate his/her decision to the teacher in writing within five (5) work days of receipt of the written grievance.
3-3.3 The teacher, no later than five (5) work days after receipt of the principal’s decision, may appeal the principal’s decision to the Superintendent of Schools. The appeal to the Superintendent must be made in writing reciting the matter submitted to the principal, as specified above, and the immediate administrator teacher’s dissatisfaction with decisions previously rendered. The Superintendent shall confer meet with the teacher to attempt to resolve the matter, as quickly as possible, but within a view period not to arriving at a mutually satisfactory resolutionexceed ten (10) work days. The Superintendent shall communicate his/her decision in writing to the teacher and the principal.
3-3.4 If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school daysteacher’s satisfaction, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director IIIshe, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not no later than five (5) school work days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision receipt of the foregoing step Superintendent’s decision, may request a review by the Board. The request shall be appealed submitted in writing by through the grievant Superintendent of Schools who shall attach all related papers and forward the request to the CEO within five (5) school days after Board. The Board, or a committee thereof, shall review the decision grievance and shall, at the option of the Step 2 administrator Board, or his/her designated representative has been received. The CEO or his designated representative shall meet upon request of the grievant, hold a hearing with the grievant teacher and render a decision in writing within five twenty (520) school work days of receipt of the appeal. The grievant will receive at least two (2) school days' notice grievance by the Board or of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at hearing with the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possibleteacher, but no later than ten (10) school days after such meetingwhichever comes later.
4. Board3-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after 3.5 If the decision of the CEO or his/her designated representative has been received. The Board may hear does not resolve the appeal or it may refer grievance to the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt satisfaction of the appeal teacher xxxxxxxx, and he/she wishes review by a third party, he/she shall so notify the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, Association within ten (10) school work days after the completion of receipt of the hearing or Board’s decision. If the Association determines that the matter should be reviewed further, it shall, in writing, so advise the Board through the Superintendent within fourteen (14) work days of receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties’s decision. Either party shall have will then initiate a request for arbitration under the right to submit a written response to the Board procedure set forth herein within five fourteen (514) school work days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsAssociation’s decision.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A EASMC and the Board shall bear its own expenses in these arbitration proceedings, except that they shall share equally the fee and other expenses of the arbitrator in connection with the grievance shall be presented and adjusted in the following manner:submitted to them.
1. Immediate Administrator-a. Step 1 - The parties acknowledge that it is most desirable for an employee and the administrator who made the decision on the issue being grieved to resolve any problem relating to the terms of the Agreement through free and informal communications. However, if such informal processes fail to satisfy the employee, the problem may be further processed as a grievance provided that the grievance is submitted in writing within 20 days of the alleged grievance.
b. Step 2 - The grievant shall present must submit the grievance in writing to the administrator who made the decision on the issue being grieved. The administrator will arrange for a grievance orally meeting to his immediate administrator take place within a reasonable time, but in no event longer than fifteen (15) school four days after knowledge by the staff member receipt of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer be present for the meeting. EASMC and/or the Board’s representative may be present at this step and any step thereafter. The administrator shall provide the grievant with a view to arriving at a mutually satisfactory resolution. written answer on the grievance within four days after the meeting.
c. Step 3 - If the grievance grievant is not resolved satisfied with the decision rendered by the administrator at Step 12, then the grievant shall reduce the grievance to writing and submit the same they may appeal to the Step 1 administrator Superintendent within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school six days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement receipt of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature decision of the aggrieved employee - Date submitted and time administrator. The Step 1 administrator or his/her designee Superintendent shall schedule arrange for a meeting with the grievant, and such meeting shall be held and a decision in writing rendered grievant to take place within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of their receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either Each party shall have the right to submit include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the hearing, the Superintendent will have ten days in which to provide their written decision to the grievant.
d. Step 4 - If the grievant is not satisfied with the decision of the Superintendent in Step 3, or if the Superintendent fails to render a written response decision within the prescribed time, the grievance may within 15 days be submitted to arbitration by EASMC under the Voluntary Labor Rules of the American Arbitration Association. The arbitrator shall have no authority to add to, alter, amend or modify any provision of this Agreement or to make any award which will in any way deprive the Board of any of the powers delegated to the Board within five (5) school days after receipt by law. The award, in writing, of the findings. The Board arbitrator, except as noted in the above statement, shall render its be final decision within five (5) school days after it has heard and binding on the grievance, or, if aggrieved and the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsBoard.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present Since it is important that a grievance orally be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum, and every effort should be made to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by expedite the staff member of the facts giving rise to the act or condition which is the basis of his/her grievanceprocess. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1time limits specified may, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school dayshowever, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school daysextended by mutual agreement. In the event a grievance is filed on or after June 1st, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievant's immediate administrator grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is practicable. Whenever there is a Director III reference to either a number of days or Area Executive Officerto a number of school days in this Article, then he/she the computation of days during the period between September 1st and June 30th shall skip Step 2be based solely upon days on which school is in session; the computation of days between July 1st and August 31st shall be based solely upon weekdays, i.e., Monday through Friday with legal holidays excluded.
21. Director III, Area Executive Officer LEVEL ONE - A teacher or Designee —Step 2 The decision a group of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet teachers with a grievance will first discuss it with the grievant within five (5) school days of receipt of principal or immediate supervisor, either directly or through the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administratorAssociation’s School Representative, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days objective of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer resolving the matter for hearing to a Hearing Officer to be designated by said Boardinformally. The grievance shall be heard fifteen (15) school days after in writing, signed by the receipt grievant, grievants or by a representative of the appeal group when the grievance is being submitted by a group of teachers and shall indicate the Boarddate, time and place of the occurrence giving rise to the grievance and the provision of the Agreement allegedly violated, varied from or with respect to which the interpretation or application thereof is in question. AlternativelyThe Level One answer shall be supplied in writing to all interested parties, PSASA may elect at including the time Chairman of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing OfficerPR&R Committee, within ten (10) school days after the completion of Level One discussion and shall set forth both the hearing or receipt of documents submitted by Xxxxxxxxx answer and Appelleethe reasons therefore.
2. LEVEL TWO - (a) If the Level One answer does not satisfactorily resolve the grievance, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board then within five twenty (520) school days after receipt the presentation at Level One, the Chairman or other representative of the findings. The Board shall render its final decision within five (5) school days after it has heard PR&R Committee may refer the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses grievance to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt Superintendent of the Hearing Officer's findingsSchools or his/her designee.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in 2.1 Step 1: Within twenty-one (21) calendar days workdays after the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving act or omission which gives rise to the act grievance or condition which is an employee becomes aware or should have reasonably become aware that he/she has a grievance, the basis of employee and/or his/her grievancerepresentative shall present the grievance in writing to his/her department or agency head. The grievant writing shall state the nature of the grievance and the immediate administrator remedial action requested. The department or agency head or his/her representative may meet with the employee and/or his/her representative and shall confer provide the employee and his/her representative with a view to arriving his/her decision in writing within twenty-one calendar days of receipt of the grievance at a mutually satisfactory resolution. this Step 2.
2.2 Step 2: If the grievance is not resolved at Step 1Step1, then within fourteen (14) calendar days after receipt of the grievant shall reduce written decision of the department or agency head the employee and/or his/her representative may appeal to the State Chief Counsel Office of Employee Relations by filing with him/her a written notice of appeal, together with copies of the written grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge decision. The Chief Counsel Office of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator Employee Relations or his/her designee shall schedule a meeting representative may meet with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or employee and/or his/her designated representative and shall meet provide the employee and/or his/her representative with the grievant a written decision within five twenty-one (521) school calendar days of receipt of the appeal. The aggrieved party will receive at least two ; or, if a meeting is held, within fourteen (214) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school calendar days after the conclusion of such meeting.
3(a) If the grievance has not been satisfactorily resolved at Step 2, then FOP/MSLES may submit the grievance to arbitration by submitting a request for arbitration to the Chief Counsel Office of Employee Relations as well as a statement of the grievance specifying the Article, section or clause of the contract alleged to have been violated, along with the concise statement of facts surrounding the issue and the remedial action requested. Area Executive Officer The request for arbitration shall be received by the Chief Counsel Office of Employee Relations through personal service, fax, email or Designee —by mailing by registered or certified mail within fifteen (15) workdays of the receipt of the Step 3 The decision of the foregoing step may be appealed in writing decision.
(b) Upon receipt by the grievant Chief Counsel Office of Employee Relations of a request for arbitration, the parties shall attempt to the CEO mutually agree upon an arbitrator. If unable to agree upon an arbitrator within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days workdays of receipt of the appeal. The grievant will receive at least two request for arbitration, the arbitrator shall be selected through the Labor Relations Connection (2“LRC”) school days' notice of in accordance with the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meetingLRC rules then in effect.
4. Board-Step 4 (c) The decision of the foregoing step may arbitrator shall be appealed binding consistent with applicable law and this Agreement. The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement. The arbitrator shall have no authority to award interest on any award. All costs of arbitration, including fees and expenses of the arbitrator, shall be divided equally between the parties, except as provided in writing section 2.3(b) of this Article, and except that each party shall bear the costs of preparing and presenting its own case.
(d) The arbitrator shall fix the time and place of the hearing, taking into consideration the convenience of the parties. The arbitrator shall be requested to issue a written decision within thirty (30) days after completion of the proceedings. The arbitrator shall be bound by the aggrieved party to the Board within five (5) school days after the decision rules of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing LRC which are applicable to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect labor relations arbitrations and which are in effect at the time of filing the arbitration. In the event of a disagreement regarding the arbitrability of an appeal at Step 4 issue, the arbitrator shall make a preliminary determination as to whether the issue is arbitrable. Once a determination is made that such a dispute is arbitrable, the arbitrator shall then proceed through to determine the merits of the dispute.
(e) In grievances involving discharge of an employee and/or discipline which has led to a discharge, the arbitration hearing shall be held within twelve (12) months of the submission of documents and without an evidentiary hearingthe demand for arbitration, in accordance with procedures (unless the parties mutually agree to waive this requirement. Subsequent hearing dates, if anynecessary, shall be held at the earliest date(s) established offered by the Board for such assigned arbitrator and which is mutually acceptable to the parties. The parties agree that in the event of a review. In all matters referred conflict in the scheduling of grievance arbitrations, grievances involving discharge and/or discipline which has led to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party discharge shall have priority over all other pending grievance arbitration matters between the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsparties.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance (a) When an employee is to be disciplined, the Division Head or Department Head shall have the charges against the employee reduced to writing, with one (1) copy to be delivered to the employee and one (1) copy to be delivered to the Chief Xxxxxxx, and one (1) copy to be delivered to the local Union business agent's office. Delivery to the employee shall be presented defined to have occurred if the charges are hand-delivered, or mailed to the employee's residence. Where resort to U.S. mail occurs, the date of the posting shall control and adjusted in a written certification shall be provided to the following manner:
1hearing officer stating the date of mailing and address to which mailed. Immediate Administrator-Step 1 The grievant employee's last known address shall present a grievance orally to his immediate administrator be utilized. Charges must be brought and delivered as described above within a reasonable timeten (10) workdays (Monday through Friday) from the first day after the City had knowledge of the infraction, but in no event longer than fifteen (15) school days after knowledge unless an employee's work related activities are being challenged through litigation, any disciplinary action that could be considered by the staff member City may be deferred pending the conclusion of litigation. The hearing shall be held by the City's designated hearing officer on a date and time mutually agreed upon but no more than ten (10) workdays (Monday through Friday) after the charges have been served on the employee. In the event the City hearing cannot be held because of the facts giving rise to absence of the act employee, business agent, division or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1department head, then the grievant it shall reduce the grievance to writing and submit the same to the Step 1 administrator be held within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days workdays (Monday through Friday) after such meetingthe return of the employee, business agent, and/or division or department head.
4. Board-Step 4 The decision (b) Charges shall be preferred by the individual originally lodging them, and the Designee of the foregoing step may be appealed in writing by City shall serve as the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten .
(10c) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party employee shall have the right to submit be represented at such hearing by the Union. The bargaining representative shall have the right to attend any such hearing held where an employee included in the jurisdiction of the bargaining unit is involved.
(d) The employee shall be presumed to be innocent and the burden shall be on the employer to show fault by the evidence presented at the hearing. The employee or his representative shall have the right to confront and question the accuser, the right to call and examine witnesses in the employee's behalf, the right to have all pertinent records made available and the right to file a written response answer to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officercharges, within five (5) school work days after it has received (Monday through Friday) following the responses day of the hearing.
(e) The designee of the City shall hear only the evidence in support of the charges and only the evidence in defense of the charges and shall endeavor to ascertain the truth of the charges. The designee of the City shall make a recommendation to the Hearing OfficerMayor on the case within ten (10) workdays (Monday through Friday) following the closing of the hearing.
(f) In appropriate cases, referral to the Employee's findings. Service Program may be considered as an alternative to immediate disciplinary action.
(g) If no responses are receivedthe recommendation of the designee of the City is for dismissal or demotion, the Board Mayor shall then review the matter with the parties and render its final a fair and just decision within five based on the discussion at that hearing.
(5h) school days after receipt Penalties imposed as a result of the Hearing Officer's findingshearing shall be in compliance with the Progressive Disciplinary Procedure in Section 2121.27 (Progressive Disciplinary Procedures).
(i) An employee and the Union has the option to go directly to arbitration or the Civil Service Commission.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance (A) Upon receipt of all applications, the Vice-President, Academic and Research shall forward the application(s), to the Committee on Status and Affairs, which will meet by October 30 to review them. Upon reviewing the application(s) the Committee may request additional information from the applicant(s).
(B) The Committee shall forward its assessment and recommendation in writing to the President on or before November 15 with a copy to the applicant. In the case of a negative recommendation, the Committee shall state its reasons.
(C) For the purposes of this Article, the Library shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present deemed equivalent to a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant Teaching Unit and the immediate administrator term “Division Chair” shall confer with a view be deemed to arriving at a mutually satisfactory resolutioninclude the Vice-President, Academic and Research as Supervisor for the Library. If the grievance Committee on Status and Affairs has recommended that more than one Sabbatical Leave be granted from the Library or from any Teaching Unit, or as a result of deferral(s), more than one employee from the Library or from any Teaching Unit is not resolved scheduled for Sabbatical Leave, the following shall apply:
(i) unless otherwise necessitated as per Article 22.05 (F) (iv) no more than one (1) Full- Time or Pro-Rated employee from any one Teaching Unit or the Library shall be on Sabbatical Leave at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five time;
(5ii) school daysif, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievanceany year, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice or more individuals from the same Teaching Unit or the Library have applied for Sabbatical Leave during the same semester, the Vice- President, Academic and Research shall direct the Division Chair, or Vice-President, Academic and Research in the case of the Library, to meet with the members of the Teaching Unit or Library. This meeting shall take place no later than December 1;
(iii) the purpose of the meeting shall be to resolve collegially a schedule of Sabbatical Leaves and an opportunity to be heardensure that the needs of the Teaching Unit/Library are met during periods of such leave. The Step 1 administratorDivision Chair, or hisVice-President, Academic and Research in the case of the Library, shall, by December 15, forward to the Vice-President, Academic and Research a written report which includes a resolution on the Sabbatical Leave schedule; and
(iv) if collegial resolution is not achieved, the Vice-President, Academic and Research shall determine the sabbatical schedule considering the following:
(a) prior deferrals, if any;
(b) accruals, if any; and
(c) the needs of the Teaching Unit/her designated representativeLibrary, determined in consultation with the Division Chair or Vice-President, Academic and Research in the case of the Library.
(D) The Vice-President, Academic and Research may be present at ask the meeting and state his/her views. The Step 2 administratorapplicant’s Division Chair, or his/her designated representativeChair of the Art History and Critical Studies Division, in the case of the Library, for a statement commenting on the impact of the Sabbatical Leave on the program requirements of the Division. A copy of this statement shall communicate his/her written decision together with supporting reasons be forwarded to the grievant and to applicant by the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetingDivision Chair.
3. Area Executive Officer or Designee —Step 3 (E) The decision President shall review the recommendation of the foregoing step may be appealed in writing by Committee on Status and Affairs, and the grievant to Division Chair’s report, if any, the CEO within five (5) school days after the decision scheduling recommendations of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative Vice-President, Academic and Research, if any, and shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision March 1 notify the applicant in writing of the foregoing step may be appealed in writing by President’s decision on the aggrieved party to the Board within five (5) school days after the decision granting of the CEO or his/her designated representative has been receivedSabbatical Leave. The Board may hear the appeal or If an approved Sabbatical Leave is deferred, it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, done in accordance with procedures Article 22.05 (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsF).
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Procedure. INFORMAL LEVEL - A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a discuss the grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of with his/her grievance. The grievant and principal with the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionobjective of resolving the grievance informally. If the grievance issue is the result of a district level decision the dispute should be discussed directly with the appropriate personnel at that level. FORMAL LEVEL 1 - If the grievant is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting satisfied with the grievant, and such meeting shall be held and a informal disposition or in the event that no decision in writing is rendered within five (5) school days. In days after presentation of the event that the grievant's immediate administrator is a Director III or Area Executive Officerinformal claim, then he/she may then submit a written grievance to the building principal, and shall skip Step 2.
2file a copy with the Association. Director III, Area Executive Officer The building principal or Designee —Step 2 The decision of the foregoing step may be appealed in writing by designee shall submit to the grievant and the Association a written answer to the Step 2 administrator grievance within five (5) days of receipt. (In the event the cause of the grievance is an action that occurs at the school corporation level, then the teacher may skip the preceding levels and move directly to Formal Level 2.) FORMAL LEVEL 2 - If the grievant is not satisfied with the disposition of Formal Level 1, within five (5) days of receipt of the principal's answer or within ten (10) days of the submission of the grievance to the principal in the event the principal has failed to give a written answer, the grievant or the Association may submit the written grievance to the Superintendent, or designee and so notify the Association. Within ten (10) days after the decision receipt of the Step 1 administrator written grievance, the Superintendent or his designated representative has been received. The Step 2 administrator or his/her designated representative designee shall meet with the grievant and thereafter shall submit to the grievant and the Association a written answer to the grievance within five (5) school days. FORMAL XXXXX 0 - If the grievant is not satisfied with the disposition at Formal Level 2, within five (5) days of receipt of the appealSuperintendent's answer or within twenty (20) days of the grievant’s submission of the grievance to the Superintendent in the event the Superintendent has failed to give a written answer, submit the written grievance to the Secretary of the Board, and so notify the Association. The aggrieved party will receive at least At its next regularly scheduled meeting, the Board shall designate a committee to meet with the grievant for the purpose of resolving the grievance. This committee shall be comprised of three (3) Administrators appointed by the Board and three (3) members appointed by the Association and two (2) school day's notice members of the meeting and an opportunity to be heardBoard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party committee must submit a recommendation to the Board within five (5) school days after meeting with the decision of the CEO or his/her designated representative has been receivedgrievant. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within Within ten (10) school days after receiving the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are receivedcommittee’s recommendation, the Board shall render its final decision within five (5) school days after receipt of submit to the Hearing Officer's findingsgrievant and the Association a written answer to the grievance or decide to hear the grievance.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A The parties are encouraged to resolve through informal discussions any grievances as defined herein. When specifically requested by the employee, a CMAGE/CWA representative may accompany the employee to assist in the informal resolution of the grievance. Such informal discussions are not to be construed as a part of the grievance procedure. If such informal discussions do not lead to a satisfactory resolution of a grievance as defined herein, the grievance shall be presented and adjusted in processed according to the following mannerprocedure. First Step:
(1. Immediate Administrator-Step 1 The grievant shall present ) If the employee or CMAGE/CWA is unable to resolve a grievance orally informally, a written statement of the grievance shall be prepared, signed by the Grievant and delivered to his immediate administrator the aggrieved employee's Appointing Authority or designee within a reasonable time, but in no event longer than fifteen fourteen (1514) school days after knowledge by the staff member of the facts first event giving rise to the act grievance or condition which is within fourteen (14) days after the basis employee or CMAGE/CWA, through the use of his/her reasonable diligence, could have obtained knowledge of the first event giving rise to the grievance. The An employee grievant and shall deliver a copy of the immediate administrator written grievance to the CMAGE/CWA President. Grievants shall confer with a view make every effort to arriving at a mutually satisfactory resolution. If specify the section or sections of this Agreement that are allegedly violated, misinterpreted, or misapplied, the full facts on which the grievance is not resolved at Step 1, then based and the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2specific relief requested.
(2. Director III) After the written grievance is submitted, Area Executive Officer the Appointing Authority or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative designee shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision receipt of the foregoing step grievance. A CMAGE/CWA representative will be allowed to attend the First Step hearing. By mutual agreement of the Department representative and the Union, two CMAGE/CWA representatives may be appealed in writing by allowed to attend the aggrieved party First Step hearing. The Appointing Authority or designee shall give a written answer to the Board President of the Union within five ten (510) school days after the decision of hearing. Second Step: If the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect is not satisfactorily resolved at the time First Step, the grievant and/or the Union may submit the grievance in writing to the Director of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing OfficerHuman Resources or designee, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findingsCity's First Step answer, or within ten (10) days of when the First Step answer was due, whichever occurs first. Hearings for Non-Disciplinary Grievances The Board Director of Human Resources or designee shall render its final decision meet with the grievant and the Union President or the Vice-President, and/or a representative of CWA within five ten (510) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officergrievance. The Director of Human Resources or designee, after consultation with the grievant's findingsAppointing Authority or designee, shall give a written answer to the President of the Union within ten (10) days after the hearing.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee may institute a grievance on their own or may request the assistance of the Union. The proper procedure for pursuing adjudication of alleged grievances is as follows: Prior to filing a grievance at Step 1, the grievant shall first meet with their supervisor to try to resolve a potential grievance. The employee may ask a union representative to be present at the meeting. If the grievance cannot be resolved informally, within thirty (30) calendar days of the time a grievance arises, the grievant will commit the grievance to writing on a Grievance Review Request Form (Appendix D), sign it, and submit it to their immediate supervisor. This written grievance shall include: 1) the nature of the grievance; 2) the section(s) that allegedly have been misinterpreted or misapplied; and 3) the recommended solution to the grievance. A copy of the Grievance Review Request Form also shall be sent to the Assistant Superintendent of Human Resources. Within fourteen (14) calendar days after receipt of the written grievance, the appropriate administrative supervisor shall communicate their written response to the grievant and the Union. If the grievant is not satisfied with the resolution at Step One, he/she may, within fourteen (14) calendar days after receipt of the written response from Step One, submit the grievance to the Assistant Superintendent of Human Resources. The Assistant Superintendent of Human Resources or their designee shall meet with the grievant in an effort to resolve the grievance within fourteen (14) calendar days after receipt of the second step. Within fourteen (14) calendar days after receipt of the grievance, the Assistant Superintendent of Human Resources or their designee shall communicate a written response to the grievant and the Union. At the conclusion of Step Two, either the Union or District may request voluntary mediation in an attempt to resolve the grievance. Both parties must agree to mediation. In the event mediation occurs, the parties agree to suspend the timelines for submission to Step Three should there be no settlement at mediation. The parties will select an agreed upon mediator, which may utilize the Public Employees Relations Commission or another accepted entity. The parties will evenly split the cost of the mediator, if any and bear their own costs and expenses for mediation. Should the parties reach an agreed upon mediated settlement, the grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionconsidered resolved. If the grievance is not satisfactorily resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing OfficerTwo, within ten fourteen (1014) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school calendar days after receipt of the findingswritten response in Step Two or failure to reach a mediated resolution, the Union may submit the grievance to the American Arbitration Association for arbitration under their voluntary labor arbitration rules and within the following guidelines:
1. The Board arbitrator shall render its final limit their decision within five (5) school days after it has heard strictly to disputes involving the grievanceapplication or interpretation of the express terms of this Agreement. The arbitrator shall have no power to change, oralter, if the matter has been referred to a Hearing Officerdetract from, within five (5) school days after it has received the responses or add to the Hearing Officer's findingsprovisions of this Agreement.
2. If no responses are receivedThe arbitrator’s decision shall be final and binding on the Union, the Board shall render its final decision within five (5employee(s) school days after receipt involved, and the District.
3. The fees and expenses of the Hearing Officer's findingsarbitrator shall be shared equally by the District and the Union. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A 1. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits specified, however, may be extended by mutual agreement.
2. In the event a grievance is filed at such time that it cannot be processed through all the steps in this grievance procedure by the end of the school year, and could result in irreparable harm to the aggrieved, the time limits set forth herein shall be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter if practical.
3. LEVEL ONE - An employee with a grievance shall be presented and adjusted first discuss it with his/her immediate supervisor or principal identifying it as a Level 1 grievance in an attempt to resolve the following manner:matter informally at that level.
14. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator LEVEL TWO - If, within a reasonable time, but in no event longer than fifteen five (155) school days following this discussion, the matter is not resolved to the satisfaction of the employee, he/she may set forth his/her grievance in writing to the immediate supervisor or principal. The letter shall contain a request for a meeting with the immediate supervisor or principal within seven (7) days after knowledge his/her receipt of the grievance. The employee may request representation at this meeting by the staff any member of the facts giving rise to local Association. Following this meeting, the act immediate supervisor or condition which is the basis of principal shall communicate his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same decision to the Step 1 administrator employee, in writing, within five (5) school days, but .
5. LEVEL THREE - The employee may appeal the immediate supervisor's or principal's decision to the superintendent. The appeal to the superintendent must be made in no event should writing within seven (7) days after receiving the immediate supervisor's or principal's decision. The appeal must set forth the grounds upon which the grievance remain unresolved at Step 1 for twenty is based. The superintendent shall attempt to resolve the matter as quickly as possible. Within a period not to exceed seven (207) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position receipt of the aggrieved employee - A statement of person's written appeal, the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or superintendent shall communicate his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered along with supporting reasons to the aggrieved person and the immediate supervisor or principal.
6. LEVEL FOUR - If the grievance is not resolved to the aggrieved person's satisfaction, he/she may request a review by the Board of Education. The request for review shall be submitted in writing through the superintendent who shall attach all related papers and forward the request to the Board of Education within five (5) school days. In The Board of Education shall, before the event that the grievant's immediate administrator is a Director III next regular Board Meeting, or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five fifteen (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (515) school days of receipt of the appealrequest, review the grievance, hold a hearing with the aggrieved person, if requested, and render a decision as quickly as possible but within a period not to exceed thirty (30) calendar days. The aggrieved party will receive at least two (2) school day's notice At any meeting with the Board, the employee may be represented by any person of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetingchoosing.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
Step 1. Immediate Administrator-Step 1 : The grievant aggrieved employees shall present a his/grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievanceimmediate non-bargaining unit supervisor. The grievant aggrieved employees may request that a Union xxxxxxx be present. Discussions will be informal for the purpose of settling differences in the simplest and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. most direct manner.
Step 2: If the grievance is not resolved settled at Step 1the first step, then the grievant aggrieved employees shall reduce the grievance to writing writing, as described above, sign it and submit the same present it to the Step 1 administrator department head within five ten (510) school working days, but in no event should . The department head shall investigate the alleged grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule have a meeting with the grievant, and such meeting shall be held and a decision in writing rendered aggrieved employees within five ten (510) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school working days of receipt of the appealwritten grievance. The department head shall notify the aggrieved party will receive at least two (2) school day's notice employees of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representativedecision, may be present at the meeting and state his/her views. The Step 2 administratorin writing, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school working days after such meetingfollowing the meeting date.
4. Board-Step 4 The decision of 3: If the foregoing step may be appealed in writing by grievance is not settled at the 2nd step, the aggrieved party employees shall forward the written grievance to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, City Manager within ten (10) school working days after the completion of the hearing or receipt decision of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Boarddepartment head. The findings City Manager shall make a decision in writing within ten (10) working days of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findingsgrievance.
Step 4: If the grievance is not satisfactorily settled at Step 3, it may be submitted to arbitration within thirty (30) working days of the last grievance period. The Board arbitrator shall render its final decision within five (5) school days after it has heard be selected by mutual agreement of the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findingsparties. If no responses are receivedthe parties fail to agree in the first instance on appointment, the Board Federal Mediation and Conciliation Service or American Arbitration Association, the option resting with the grievant, shall render its be requested to provide a panel of arbitrators from which a selection shall be made. Hearings before the arbitrator under the preceding sentence shall be conducted in accordance with Federal Mediation and Conciliation Service or American Arbitration Association rules. The expense for the arbitrator's service shall be borne equally by the parties. The arbitrator’s decision shall be final decision within five (5) school days after receipt and binding but shall have no power to alter, modify, amend, add to, or detract from the terms of the Hearing Officer's findingscontract.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance Any dispute concerning the application, interpretation or enforcement of this Agreement shall be presented and adjusted resolved in the following mannermanner and sequence. Any and all time limits specified in this Section may be waived by documented mutual consent of the parties. If any time period shall end on a weekend or holiday, the time limits shall be extended to the end of the next working day. Within thirty (30) calendar days immediately following the date the employee had or by reasonable diligence should have had knowledge of the grievance, whichever is first, the employee and their xxxxxxx shall meet with the immediate supervisor in an attempt to resolve the dispute informally. If in this and in the following steps, the grievance involves more than one supervisor, this meeting shall be held with an employee in the Human Resources Department and those department representatives the City deems appropriate.
Step 1. If the grievance has not been resolved, the affected employee(s)/Union shall present the grievance in writing to the employee’s supervisor within ten (10) calendar days of the informal meeting. At this and each subsequent step of the grievance procedure, the written grievance submitted by the Union or employee(s) shall include:
1. Immediate Administrator-Step 1 The grievant shall present (a) a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member statement of the facts giving rise grievance and the factual allegations upon which it is based;
(b) the Section(s) of this Contract alleged to have been violated; and
(c) the act or condition which is remedy sought. Within fourteen (14) calendar days of receipt of the basis of his/her written grievance, the supervisor will schedule a meeting to give the grievant an opportunity to discuss the dispute. The grievant and supervisor shall render a written decision within fourteen (14) calendar days following the immediate administrator shall confer with a view herein referenced meeting. (This meeting to arriving at a mutually satisfactory resolutiondiscuss the dispute may be attended by any manager the City deems appropriate.)
Step 2. If the grievance is not resolved at Step 1, then the grievant Union shall reduce submit the grievance to writing and submit the same to the Step 1 administrator Department Director or their designee within five ten (510) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school calendar days of receipt of the appealsupervisor’s written decision. The aggrieved party will receive at least two Within fourteen (214) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school calendar days of receipt of the appeal. The written grievance, the Department Director will schedule a meeting to give the grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be hearddiscuss the dispute. The Step 3 administrator or his/her designated representative Department Director shall render a written decision within fourteen (14) calendar days following the meeting. (This meeting to discuss the dispute may be present attended by any manager the City deems appropriate.) If an employee reports directly to a Department Director, proceed to Step 3.
Step 3. If the grievance is not resolved at Step 2, the meeting and state his/her views. The CEO or his designated representative Union shall communicate his/her written decision together with supporting reasons submit the grievance to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO City Manager or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, designee within ten (10) school calendar days after the completion of receipt of the hearing Department Director or receipt their designee’s written decision. The City Manager shall meet with the grievant, their Union representative, and the appropriate managers in an effort to resolve the dispute. This meeting shall occur within fourteen (14) calendar days of documents submitted by Xxxxxxxxx submission to Step 4 and Appelleethe City Manager shall respond to the grievance within fourteen (14) calendar days of the meeting.
Step 4. If the grievance is not resolved at Step 3 above and if the Union wishes to pursue the grievance further, the Hearing Officer Union shall submit his/her findings file a notice of factintent to arbitrate the grievance with the City Manager within fourteen (14) calendar days following the date the City Manager response is due or received, conclusions whichever is earlier. Unless the parties mutually agree upon an arbitrator, the Union shall, within forty- five (45) calendar days of law and recommendations their notice to the Board. The findings of the Hearing Officer shall be distributed proceed to both parties. Either party shall have the right to arbitration, submit a written response request to the Board within Oregon Employment Relations Board, which will submit to the parties a list of the names of five (5) school days after Oregon arbitrators from the Oregon Employment Relations Board. Upon receipt of the findingslist, the parties shall alternately strike one (1) name from the list until only one (1) name is left. The Board Union shall render its strike the first name. The one (1) remaining shall be the arbitrator. The arbitrator shall have no power to modify, add to or subtract from the terms of this Agreement and shall be confined to the interpretation and enforcement of this Agreement. The arbitrator’s decision shall be final decision within five (5) school days after it has heard and binding on the grievanceaffected employees, orthe Union, and the City. Either party may request the arbitrator to issue subpoenas but, if issued, the matter has been referred to cost of serving a Hearing Officersubpoena shall be borne by the party requesting the subpoena. Each party shall be responsible for compensating its own witnesses and representatives during the arbitration hearing. The loser shall pay the arbitrator’s fees and expenses and the arbitrator, within five (5) school days after it has received as part of the responses award, shall designate the losing party for such purpose. The cost of a court reporter or stenographer, if requested by the arbitrator, and transcript of the hearing furnished to the Hearing Officer's findings. If no responses are received, arbitrator shall be shared equally by the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsparties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A a. Any employee who decides, either alone or after consultation with a Federation building representative that they have a grievance shall be presented and adjusted discuss it with their immediate superior in an attempt to resolve the following manner:matter informally at that level.
1. Immediate Administrator-Step 1 The grievant shall present b. If, as a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member result of the facts giving rise to discussion, the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance matter is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position satisfaction of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after of such discussion, they shall set forth their grievance in writing to the principal or if the grievance results from an action of a school official higher than the rank of principal, the grievant may set forth their grievance in writing to that official on the form set out as Appendix D-2. The principal or such official shall give the decision of to the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant employee in writing within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetinggrievance.
3. Area Executive Officer or Designee —Step 3 c. The decision of the foregoing step employee may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may principal or other official appeal the decision to the Superintendent. The appeal to the Superintendent must be appealed made in writing by and shall be in the aggrieved party form set out in Appendix D-2. The Superintendent shall give their decision in writing to the Board within five (5) school days after employee and the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, principal within ten (10) school days after the completion of receipt of the hearing or written grievance. The timelines may be extended by mutual agreement.
d. If the grievance is not resolved to the employee’s satisfaction, they may appeal to the Board within ten (10) school days of the receipt of documents the Superintendent’s decision. The request shall be submitted by Xxxxxxxxx in writing through the Superintendent who shall attach all related papers and Appellee, forward the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations request to the Board. The findings Board, or a committee thereof, composed of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within not less than five (5) school days members shall hold a hearing with the employee as soon as practicable after receipt of the findings. The written grievance (generally within two weeks after the next regularly-scheduled Board shall meeting), and render its final a decision in writing within five ten (510) school days after it has heard of the grievancehearing.
e. In the event a grievance shall not have been settled under the Procedure above, orand if such grievance involved a claim of violation of, if misinterpretation of, misapplication of, or infringement upon the matter has been referred provisions of this Agreement, the aggrieved may proceed directly to a Hearing Officerarbitration pursuant to Section 9:5, within five (5) school days after it has received the responses which shall be binding subject to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt limitation of the Hearing Officer's findingsstatute.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A a. An employee with a grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of first discuss it with his/her grievanceimmediate supervisor in an attempt to mutually resolve the matter at that level. The grievant and A written decision shall be rendered by the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator supervisor within five (5) school work days, but in no event should .
b. If the employee is not satisfied with the resolution of the grievance remain unresolved at Step 1 for twenty following his or her discussion with the immediate supervisor, the employee with a grievance shall first submit it in writing through the Association’s Grievance Representative to the immediate supervisor within five work days. The immediate supervisor shall meet with the employee and the Association's Grievance Representative within five (205) school work days after knowledge of receiving the written grievance. PSASA shall supply .
c. If the standard grievance form which shall contain aggrieved person is not satisfied with the following information: - Name and position disposition of the aggrieved employee - A statement of grievance by the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, immediate supervisor or if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a no decision in writing has been rendered within five (5) school days. In work days after his/her meeting, the event that employee shall file the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision written grievance with the president of the foregoing step may be appealed in writing by Association and/or the grievant to the Step 2 administrator Association's grievance committee within five (5) school work days after if he/she wishes to proceed with the decision grievance. If the Association feels that the grievance should be appealed, a written grievance shall be filed with the Director of the Step 1 administrator or his designated representative has been received. The Step 2 administrator Human Resources or his/her designated representative shall meet with the grievant designee within five (5) school work days.
d. If the Association is not satisfied with the disposition of the grievance by the Director of Human Resources or his/her designee, or if no written decision has been rendered within five (5) work days, the Association may file a written grievance with the Superintendent or his/her designee within ten (10) work days.
e. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his/her designee, or if no written decision has been rendered within ten (10) work days, the Association may request a hearing with the School Board. The School Board hearing will be held within twenty (20) work days of receipt of the appealwritten request and a written decision rendered within ten (10) work days.
f. If the decision of the Board does not resolve the grievance, the grievance may be appealed to arbitration in the following manner: The Board shall be notified in writing within twenty (20) calendar days after the date of its decision that the grievance is being submitted for arbitration.
i. The following procedure shall be used to secure the services of an arbitrator:
1. The aggrieved parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached within ten (10) calendar days, the American Arbitration Association (AAA) will receive be notified and requested to submit a roster of at least two seven (7) persons qualified to function as arbitrator.
2. If the parties are unable to determine a mutually satisfactory arbitrator from the submitted roster within ten (10) school day's notice calendar days, they shall request the AAA to submit a second roster of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five least seven (57) school days after such meetingnames.
3. Area Executive Officer or Designee —Step 3 The decision of If the foregoing step may be appealed in writing by the grievant parties are unable to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officerdetermine, within ten (10) school calendar days after of the receipt of the second list, a mutually satisfactory arbitrator, the AAA shall submit a third roster with three (3) names. If an arbitrator cannot be mutually agreed upon within ten (10) calendar days, the parties shall arrange a conference telephone call with the Chairman or designee of the AAA during which each party shall be given an opportunity to establish good cause as to why any individual on the roster should not be appointed. The Chairman shall then designate an arbitrator from said roster.
4. The arbitrator shall limit him/herself to the issues submitted to him/her. The arbitrator shall be bound by and must comply with all of the terms of this Agreement. The arbitrator shall have no power to add to, delete from, or modify in any way any of the provisions of this Agreement. The decision of the arbitrator shall be binding.
5. The arbitrator shall issue and mail the arbitrator’s report to each party within thirty (30) calendar days of the completion of the hearing arbitrator’s hearing.
6. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence, and any other relevant expense shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
g. No reprisals of any kind will be taken by the District or receipt by the Association against any employee, District staff member, or any other participant in the grievance procedure.
h. A grievance which is not filed within forty-five (45) working days of documents submitted the event(s) underlying the alleged grievance shall be waived regardless of whether the employee knew or should have known of the act or the condition on which the grievance is based.
i. Time limits for the processing of grievances may be extended by Xxxxxxxxx and Appelleemutual agreement, in writing, by both parties.
j. Forms for the Hearing Officer shall submit grievance procedure will be jointly prepared by the Superintendent or his/her findings of factdesignee and the Association, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall will be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsgiven appropriate distribution.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance 1. An aggrieved employee shall institute action under the provisions hereof within fourteen (14) days of the occurrence complained of, or within fourteen (14) days after he/she would reasonably be expected to know of its occurrence. Failure to act within said fourteen (14) day period, shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally deemed to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member constitute an abandonment of the facts giving rise grievance.
2. An employee processing a grievance, shall be assured freedom from restraint, interference, coercion, discrimination, or reprisal.
3. In the presentation of a grievance, the employee shall have the right to present his own appeal or to designate a representative to appear with him at any step in his appeal. A minority organization shall not have the act right to present or condition which is process a grievance.
4. Whenever the basis employee appears with a representative, the Board shall have the right to designate a representative to participate at any stage of the grievance procedure.
5. To initiate the grievance procedure, an employee shall file a request to discuss his/her grievancegrievance with his/her immediate supervisor within the time period set forth in section 1. Where the immediate superior is below the rank of principal, the principal shall be notified and shall have the right to be present at and to participate in said hearing. The grievant and hearing shall be conducted within fourteen (14) days of the immediate administrator filing of the request. A written decision shall confer with a view to arriving at a mutually satisfactory resolutionbe rendered within five (5) days of said hearing.
6. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator employee's satisfaction, within five (5) school daysdays from the determination referred to in Paragraph 5 above, but the employee shall submit his grievance to the Superintendent of Schools in no event should the grievance remain unresolved at Step 1 for twenty writing, specifying:
(20a) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement The nature of the grievance;
(b) The results of the previous discussion;
(c) The basis of his dissatisfaction with the determination;
(d) The remedy being sought must be stated.
7. A copy of the writing called for in Paragraph 6 above, including the relevant date - A reference shall be furnished to the applicable provisions school principal.
8. Within ten (10) days from the receipt of this Agreement and/or Board policythe written grievance (unless a different period is mutally agreed upon), the Superintendent shall hold a hearing at which all parties in interest shall have the right to be heard.
9. Within ten (10) days of said hearing (unless a different period is mutually agreed upon), the Superintendent shall, in writing, advise the employee and his representative, if any - The corrective action requested - Signature there be one, of his determination and shall forward a copy of said determination to the aggrieved employee - Date submitted school principal and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school daysrepresentative.
10. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision failure of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity Superintendent to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, act in accordance with procedures (if any) established the provisions of Paragraphs 8 and 9, or, in the event a determination by him in accordance with the Board for such a review. In all matters referred to a Hearing Officerprovisions thereof, is deemed unsatisfactory by either party, the dissatisfied party, within ten (10) school days after the completion of the hearing failure of the Superintendent to act or receipt within ten (10) days of documents the determination by him, may appeal to the Board of Education.
11. Where an appeal is taken to the Board, there shall be submitted by Xxxxxxxxx the appellant:
(a) The writing set forth in Paragraphs 6 and Appellee9, and a further statement in writing setting forth the Hearing Officer appellant's dissatisfaction with the Superintendent's action. A copy of said statement shall submit be furnished to the Superintendent and to the aggrieved party.
12. The appellant in his/her findings of fact, conclusions of law and recommendations appeal to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party Board shall have the right to submit appear unless he/she notifies the Board within seven (7) days that he/she does not so desire, in which event the Board may consider the appeal on the written record submitted to it, or the Board may on its own conduct a hearing; or it may request the submission of additional written response material. Where additional written materials are requested by the Board, copies thereof shall be served upon the aggrieved parties who shall have the right to reply thereto. Where the appellant requests in writing, a hearing before the Board, a hearing shall be held.
13. The Board shall make a determination within thirty (30) days from the receipt of the grievance and shall in writing notify the representative if there be one, the principal, assistant principal or the administrative assistant to the principal, and the Superintendent of its determination. This time period may be extended by mutual agreement of the parties.
14. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be waiver of further appeal of the decision.
15. In the event a grievance shall be filed by a principal, he/she shall discuss his grievance initially with the Superintendent and if dissatisfied with the determination, may appeal to the Board in accordance with the provisions herein set forth.
16. In any case, where a grievance is based upon the direct order, ruling or determination of the Superintendent, the aggrieved employee may appeal directly to the Board within five ten (510) school days after of the issuance of said order, ruling or directive, or within ten (10) days of the time when same have been brought to the employee's attention by filing with the Secretary of the Board, a writing setting forth,
(a) The order, ruling or determination complained of;
(b) The basis of the complaint;
(c) A request for a hearing is desired. A copy of the writing set forth above shall be served upon the Superintendent who shall have the right to reply in writing thereto. A copy of such reply shall be served upon the aggrieved employee.
17. Upon receipt of a grievance filed under the findingsprovisions of Paragraph 16, the procedure shall be as set forth in Paragraphs 12 and 13.
18. The Board Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents shall render its final decision within five (5) school days after it has heard be prepared jointly by the grievanceSuperintendent and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure.
19. All meetings and hearings under this procedure shall be conducted in private, orand shall include only such parties in interest and their designated or selected representatives, if the matter has been heretofor referred to a Hearing Officer, within five (5) school days after it has received the responses in this ARTICLE.
20. All employees shall be entitled to resort to the Hearing Officer's findingsfull procedure hereinabove set forth.
21. If no responses are received, Whenever any employee is required to appear before the Board shall render its final decision within five (5) school days after receipt of Education or any committee or member thereof concerning any matter which could adversely affect the continuation of the Hearing Officer's findings.employee in his office, position or employment or the salary or any increments pertaining thereto, then he shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have a person of his own choosing present to advise and represent him during such meeting or interview. (Chapter 451, Laws of 1968)
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Level One. A grievance shall lodged with the Transportation Director or the appropriate administrator must be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen ten (1510) school working days after knowledge by the staff member grievant knew or should have known of the facts event or action giving rise to the act or condition which is the basis of his/her alleged grievance. The grievant and the immediate administrator Continuing grievances shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same be recognized but any relief afforded may be limited to the Step 1 administrator time period within which grievances are to be filed. The grievance conference shall occur within five (5) school days, but in no event should work days after the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievanceis filed. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting grievant shall be held and accompanied by the local Representative and/or any other OAPSE agent. Level Two. In the event a decision in writing rendered grievance has not been satisfactorily resolved at Level One, the Association may file, within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision work days of the foregoing step may be appealed in writing by Transportation Director's or of the grievant to appropriate administrator's written decision at Level One, a copy of the Step 2 administrator within grievance with the Superintendent. Within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school work days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of written grievances is filed, the foregoing step may be appealed in writing by grievant, the grievant Association Representative and the Principal, Superintendent and/or his designee shall meet to attempt to resolve the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been receivedgrievance. The CEO Superintendent or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer designee shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final his decision within five (5) school days after it has heard of the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses Level Two meeting and to the Hearing Officer's findingsgrievant and the Association. For all grievances except those protesting an employee’s termination the decision of the Superintendent at Level Two shall be the final decision in the grievance procedure. Level Three. Only grievance protesting an employee’s termination may be advanced to Level Three. If the aggrieved is not satisfied with the disposition at Level Two of the grievance procedure, he/she may initiate Level Three of this procedure. The Association may refer the grievance to the arbitrator by giving written notice to the Superintendent and/or the Board of its desire to do so within thirty (30) days of the date on the Level Two decision. The parties will mutually agree to either AMS or FMCS. The arbitrator shall be chosen from a list provided by the Federal Mediation and Conciliation Service (FMCS) or mediation Mediation Services (AMS). The Board and the Association shall split the cost of the list. Selection and hearing shall be in accordance with the voluntary rules and regulations of the FMCS or AMS. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to each party present at the hearing. The decision of the arbitrator shall be binding on both the Board and the Association, and the Bargaining Unit members. Renewal of limited contracts for employees may be taken through the grievance procedure, short of binding arbitration. Binding arbitration is specifically excluded from application to disputes over the renewal of employees whose contracts are in a noncontinuing status. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no responses authority to determine any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are receivednot directly essential in reaching the final decision or in any way interfere with management prerogatives involving Board discretion nor limit or interfere in any way with the powers, duties and rules and regulations having the force and effect of law. The Arbitrator shall have no power to add to, delete from, disregard or modify any of the terms of the Agreement. The cost for arbitration shall be paid by the losing party. The arbitration cost incurred by each party to the arbitration shall be paid by that party. In a case where there is no clear losing party, the Board shall render its final decision within five (5) school days after receipt of arbitrator has the Hearing Officer's findingsright and duty to apportion the costs to each party as that arbitration case dictates.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. 1. LEVEL 1 - SUPERVISING ADMINISTRATOR
a. A copy of the written grievance shall be presented and adjusted in submitted to the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis aggrieved party within ten (10) days of his/her grievance. The grievant becoming aware of the alleged violation, or said grievance shall no longer exist.
b. A meeting shall be mutually agreed upon between the aggrieved and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement filing of the grievance, including . Either the relevant date - A reference aggrieved or the administrator or both may have present at said meeting such persons as may provide information related to the applicable provisions of grievance. Discussion at this Agreement and/or Board policy, if any - The corrective action requested - Signature meeting shall be confined to the issues as stated in the grievance and the relief sought.
c. Within five (5) days of the meeting, the administrator shall provide the aggrieved employee - Date submitted and time The Step 1 administrator or with a written response stating his/her designee position and suggestions for resolution of the grievance. A copy shall schedule be sent to the Superintendent.
2. LEVEL 2 - SUPERINTENDENT
a. If the supervising administrator misses a meeting Level 1 deadline or the aggrieved is not satisfied with the grievantsuggestion for resolution received in Level 1, and such meeting shall be held and a decision in writing rendered he/she may within five (5) school days. In days of the event that missed deadline or receipt of the grievant's immediate administrator is written response submit his/her written grievance to the Superintendent and request a Director III or Area Executive Officer, then he/she shall skip Step 2meeting to discuss the grievance.
2. Director III, Area Executive Officer or Designee —Step 2 b. The decision of the foregoing step may meeting shall be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step request.
c. The meeting shall be conducted in a manner as stated in Level 1.
d. Within five (5) days of the meeting, the Superintendent shall provide the aggrieved and the immediate administrator of Level 1 administrator or his designated representative has been received. The Step 2 administrator or with a written response stating his/her designated representative position and suggestion for resolution of the grievance.
3. LEVEL 3 - BOARD
a. If the action taken by the Superintendent does not resolve the grievance to the satisfaction of the employee or group or a Level 2 deadline is missed, such employee or group may appeal in writing to the Board of Education. The notice of appeal shall meet be sent to the Superintendent and a copy will be filed with the grievant Treasurer of the Board of Education. Failure to file such appeal within five (5) school days of from the missed deadline or receipt of the written memorandum of the Superintendent’s action on said grievance shall be deemed a waiver of the right of appeal. The aggrieved party will receive at least two (2) school day's notice Superintendent shall place the grievance on the agenda for the next meeting of the meeting and an opportunity Board of Education. The aggrieved employee shall have the right to be heard. The Step 1 administrator, represented at such meeting by counsel or by a representative of his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetingemployee organization.
3. Area Executive Officer or Designee —Step 3 b. The decision Board of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative Education shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but act upon such appeal no later than ten (10) school days after such its next regular meeting. The Board of Education's action shall be based upon the information presented by the Superintendent and arguments presented by or on behalf of the bargaining unit member. A copy of the Board's decision shall be sent to the grievant, Association President, Superintendent, and appropriate administrators.
4. Board-Step LEVEL 4 The decision - ARBITRATION
a. If a Level 3 deadline is missed or the aggrieved is not satisfied with the resolution of the foregoing step grievance in Level 3, he/she may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing Board's written response or missed Level 3 deadline submit a written request to the Board and the Association that the grievance be submitted to arbitration. The Association shall determine whether to appeal the grievance to arbitration, making such appeal shall be made by filing with the Superintendent a written notice of appeal to arbitration within ten (10) days of the grievant’s receipt of documents submitted the Board’s Level 3 disposition of the grievance or missed Level 3 deadline. Any grievance not appealed to arbitration within the 10-day limit above shall constitute waiver of such grievance.
b. The arbitrator shall be selected by Xxxxxxxxx the Association President or designee and Appelleethe Superintendent or designee for the Board.
c. If the Association President or designee and the Superintendent or designee cannot agree on an arbitrator, the Hearing Officer parties shall submit his/her findings jointly petition the American Arbitration Association for a list of fact, conclusions of law and recommendations to at least seven (7) names from which the Board. The findings of the Hearing Officer arbitrator shall be distributed to both partiesselected by the alternate strike method. Either party shall be entitled to request a second list.
d. The arbitrator shall hold such meetings as are necessary to reach a fair and impartial opinion on the grievance as stated in accordance with the rules and regulations of the American Arbitration Association.
e. The arbitrator shall not have the right authority to submit a written response to the Board within five (5) school days after receipt add to, subtract from, modify, change or alter any of the findings. The Board shall render its final decision within five (5) school days after it has heard provisions of this negotiated Agreement, nor add to, detract from or modify the grievance, or, if the matter has been referred to language therein in arriving at a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt determination of any issues presented.
f. Cost of the Hearing Officer's findingsarbitrator shall be shared equally by the Association and the Board.
g. The decision of the arbitrator will be final and binding.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance The grievance/arbitration procedure shall be presented subject to all State and adjusted Federal laws and judicial interpretations. Any grievance or dispute not submitted according to the foregoing procedure shall be foreclosed for all contractual and legal purposes. No employee shall be entitled to use the grievance procedure until the employee has completed their required probationary period. This includes employees who wish to grieve the Drug-Free Workplace Last Chance Agreement. The FOPE shall not be required to process grievances for employees who are not members in good standing of the FOPE. Time limits set in this Article shall not include Saturdays, Sundays or paid Holidays or days off on a School Board calendar. Grievances filed during the period of June 15 to August 15 may be held in abeyance until the first week of the school year if grievant, witnesses and/or supervisor are on leave. Timeline for grievances held in abeyance will begin the first day students return. Failure of administrator to respond to a grievance within the prescribed time limits will allow FOPE to automatically move the grievance to the next step. Nothing herein shall preclude the earlier settlement of any grievance directly by agreement between the Employer and the FOPE; however, such settlement shall not constitute an admission that the contract was violated, nor shall it be used as a precedent for future contract interpretation. Any dispute or grievance arising between the employer and the FOPE or any bargaining unit member over the interpretation or application of this Agreement shall be settled in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen : Within seven (157) school working days after knowledge by the staff member occurrence could have reasonably been known or the grievant became aware of the facts event giving rise to the act grievance, the employee, with or condition which is without the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position assistance of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated on-site representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet take it up with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or hisManager/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board Designee who shall render its final a decision within five (5) school working days after it has heard the grievance, orand, if the matter has been referred grievant is not satisfied with the response then: Within seven (7) working days following the decision at Step One, the grievance shall be reduced to writing and signed by the aggrieved employee and the FOPE Business Representative and a Hearing Officer, within five (5) school days after it has received the responses copy given to the Hearing Officer's findingsappropriate administrator, as determined by the Superintendent or his designee. The FOPE representative, the grievant, and a representative designated by the employer shall meet and attempt to resolve the dispute. The Department Head or Director shall render a decision within seven (7) working days. If, after reviewing the contractual language, the grievance is not resolved in Step Two, then the grievant and the FOPE may proceed to Step Three: Within seven (7) working days following the decision at Step Two, the written grievance will be processed by the Employee & Labor Relations Department. The FOPE Representative, the grievant and a representative designated by the employer shall meet and attempt to resolve the dispute. The response to the grievance shall be rendered within thirty (30) working days thereafter. If no responses are receivedthe FOPE is not satisfied with the response in Step Three, then: If the FOPE is not satisfied with the response in Step Three, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsFOPE may request such dispute or grievance be submitted to Arbitration, pursuant to Article 6.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be deemed waived and barred and outside the jurisdiction of an arbitrator if it is not presented and adjusted in writing within the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen of twenty (1520) school days of the occurrence complained of or twenty (20) school days after knowledge by the staff member administrator would be reasonably expected to know of its occurrence. An employee processing a grievance shall be assured freedom from interference, coercion, discrimination or reprisal. In the facts giving rise presentation of a grievance, an employee shall have the right to the act present his/her own appeal or condition which is the basis of to designate a representative to appear with him/her at any step in his/her appeal. An employee shall first present his/her grievance. The grievant and the , verbally, his/her immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionsupervisor. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator employee’s satisfaction within five (5) school days after discussing with the decision of immediate supervisor, the Step 1 administrator or his designated representative has been received. The Step 2 administrator or employee may submit his/her designated representative shall meet with grievance to the grievant within Superintendent of Schools in writing specifying:
a. The interpretation, application or violation of this Agreement or Board policy or Administrative decision which affects a term and condition of employment, and
b. The specific section of the Agreement, Board policy or Administrative decision allegedly violated, and
c. The extent of the injury, loss, or inconvenience resulting from the alleged violation of the term or condition of employment, and
d. The date of the alleged interpretation, application, or violation, and
e. The specific remedy sought. Within five (5) school days of from the receipt of this written grievance (unless a different period is mutually agreed upon) the appeal. The aggrieved party will receive Superintendent may hold a hearing at least two (2) school day's notice of which all parties in interest shall have the meeting and an opportunity right to be heard. The Step 1 administratorIf the Superintendent does not render a decision within ten (10) workdays of the receipt of the written grievance, or his/her designated representativeif the Superintendent’s decision is unsatisfactory to either party, then the dissatisfied party may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons appeal to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3Board of Education. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may Such appeal must be appealed in writing by the grievant to the CEO submitted within five (5) school days after the decision of the Step 2 administrator or Superintendent’s decision or, in the event the Superintendent does not render a timely decision, within fifteen (15) days of the date the written grievance was submitted to the Superintendent. Where an appeal is taken to the Board, there shall be submitted by the appellant:
a. the writings set forth in a through d, above.
b. a copy of said materials shall be furnished to the Superintendent If the grievant in his/her designated representative has been receivedappeal to the Board, does not request a hearing, the Board may consider the appeal on the written record submitted to it, or the Board may, on its own, conduct a hearing, or it may request the submission of additional written material. Where additional written materials are requested by the Board, copies thereof shall be served upon the adverse parties who shall have the right to reply thereto. Where the appellant requests in writing a hearing before the Board, a hearing shall be held. The CEO or his designated representative Board shall meet with the grievant make a determination within forty-five (545) school days of from the receipt of the appeal. The grievant will receive at least two (2) school days' notice of grievance and shall in writing notify the meeting and an opportunity to be heard. The Step 3 administrator or employee, his/her designated representative if there be one, the principal and the Superintendent of its determination. The time period may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision extended by mutual agreement of the foregoing step may be appealed in writing parties. If the aggrieved person is not satisfied with the disposition of the grievance as determined by the aggrieved party to Board, or if no decision has been rendered within the Board within forty- five (545) school days after the decision grievance was delivered to the Board of Education, a grievance which is based solely upon an alleged violation, misinterpretation or misapplication of the CEO or his/her designated representative has been receivedexpress written terms of this Agreement may be submitted to advisory arbitration. In all other grievances, the disposition of the grievance by the Board will be final. The Board and the Association shall attempt in good faith to agree upon a mutually acceptable arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment within the specified period, a request for a list of arbitrators may hear be made to the appeal or it may refer the matter for hearing to a Hearing Officer to be designated American Arbitration Association by said Boardeither party. The grievance parties shall then be heard fifteen (15) school days after bound by the receipt rules and procedures of the appeal by American Arbitration Association in the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion selection of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsarbitrator.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:A. Initial Communication
1. Immediate Administrator-B. Step 1 The (Formal – Initial step) In the event that the grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by or grievants are not satisfied with the staff member disposition of the facts giving rise to grievance at the act Initial Communication, the employee or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If Association may present the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to in writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school work days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule employee’s supervisor who will arrange for a meeting with the grievant, and such meeting shall be held and a decision in writing rendered to take place within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision work days after receipt of the foregoing step may grievance. A member of the MEA, the aggrieved teacher, and his/her supervisor shall be appealed in writing by present at the grievant to meeting. The supervisor must provide the Step 2 administrator aggrieved teacher and the Association with a written answer on the grievance within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
C. Step 2
D. Step 3
E. Step 4
1. Area Executive Officer or Designee —Step 3 The decision If the grievant is not satisfied with the resolution of the foregoing step grievance at Step 3, a written request may be appealed in writing by the grievant submitted to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing OfficerAssociation, within five (5) school working days after it has received following receipt of the responses Step 3 written decision, that the grievance be submitted to arbitration. The Association President or designee shall notify the Superintendent of the appeal upon receipt. The Association shall make the final determination whether to appeal the grievance to arbitration, make such appeal by filing a written notice of appeal to arbitration with the Superintendent within ten (10) days of the grievant’s request. Any grievance not appealed to arbitration within the limits above shall constitute a waiver of such grievance.
2. Within twenty (20) days of submission of the appeal for arbitration, the Association shall petition the American Arbitration Association (AAA) to provide both parties a listing of arbitrators. Each party may request a second list of arbitrators.
3. The parties shall select an arbitrator in accordance with the voluntary labor arbitration rules of the AAA.
4. The arbitrator shall conduct such hearings, with the mutual approval of both parties, as are necessary to reach a fair and impartial decision on the grievance as stated in accordance with the rules and regulations of the AAA, unless otherwise stated herein.
5. The arbitrator’s decision shall be issued within a time limit agreed to by the Board, Association and the arbitrator.
6. Neither party shall be permitted to assert in such arbitration proceedings any grounds or evidence not previously disclosed to the Hearing Officer's findingsother party in the Initial Communication through Step 3. If no responses are receivedIn grievances alleging violations of the provisions for transfer and assignment, the arbitrator will not have the power to determine who shall be placed in position, but will have the power only to decide if there was a violation of the procedures.
7. The arbitrators shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this agreement, nor add to, detract from, or modify the language therein arriving at a determination of any issue presented. The arbitrator shall expressly confine himself to the precise issue(s) submitted for arbitration and have no authority to determine any other issues not so submitted to him/her or to submit observations or declarations of opinion which are not directly in reaching the determination. The decision of the arbitrator shall be in accordance with law and shall be binding on the Board of Education and the Association, and grievant(s).
8. Each party shall render bear its final decision within own costs or representation at the arbitration hearing, including the cost of any transcript ordered by that party in accordance with AAA guidelines. The cost of the AAA, the arbitrator, and his/her expenses shall be shared equally by the Board and the Association.
9. Employees required to appear at an arbitration hearing scheduled during the regular work day will be given release time without loss of pay. This will apply to a maximum of five (5) school days after receipt of the Hearing Officer's findingsemployees.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A An employee or HTEA shall first discuss his/her or its grievance shall with the Superintendent in an attempt to resolve the matter informally. The right to grieve must be presented and adjusted exercised within 45 days of the occurrence as defined in Section A. Beyond 45 days it will be deemed waived. If the matter cannot be resolved informally to the mutual satisfaction of both parties, then the following mannershall apply:
1. Immediate Administrator-Step 1 The grievant employee or HTEA shall present a set forth the grievance orally in writing and deliver it to the Superintendent within ten calendar days after the failure of the informal procedure described in Paragraph B. The Superintendent shall communicate his immediate administrator decision in writing to the employee or HTEA within a reasonable time, but in no event longer than fifteen (15) five school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2filing.
2. Director IIIIf dissatisfied, Area Executive Officer the employee or Designee —Step 2 HTEA may appeal the Superintendent's decision to the Board, in writing, within ten school days after receipt by the employee or HTEA of the Superintendent's written decision. The Board will communicate its decision in writing to the employee or HTEA within ten school days.
3. If the employee or HTEA is dissatisfied with the decision of the Board, he/she or HTEA may, within ten school days following receipt of the Board's decision, give notice that he/she or HTEA wishes advisory arbitration. If the employee or HTEA fails to appeal the decision rendered at this or a prior step within the time limits specified, the original grievance and any appeals of it shall be null and void. Non- binding arbitration of any grievance shall be conducted by one person, mutually acceptable to both the employee or HTEA and Board, who shall be chosen promptly following the employee's or HTEA's notice of appeal.
4. The arbitrator can add nothing to nor subtract anything from this Agreement. The arbitrator shall be limited to the issues submitted and shall consider nothing else. The decision of the foregoing step may arbitrator shall not be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to binding upon the Board. The findings costs and services of the Hearing Officer arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be distributed to both parties. Either party shall have the right to submit a written response to borne equally by the Board within five (5) school days after receipt of and the findingsemployee or HTEA. The Board party incurring them shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingspay any other expenses incurred.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. A grievance Grievance shall be presented processed on the Grievance Report Form, which is provided as Appendix A. All persons receiving written Grievance documents shall acknowledge time of receipt.
B. A Claim or Grievance may be withdrawn at any level without establishing a precedent.
C. Hearings and adjusted conferences under this procedure shall be conducted at a mutually agreeable time and place which will afford a fair and reasonable opportunity for all persons, including witnesses entitled to be present, to attend. When such hearings and conferences are held during school hours, all Bargaining Unit Employees whose presence is required shall be excused, with pay, for that purpose.
D. The failure of a Bargaining Unit Employee or the Union to follow the prescribed time limits of this grievance procedure will render the grievance null and void. Failure by the District to give a decision within the prescribed time limits shall cause the Grievance to proceed to the next Step. The time limits set forth in Steps one (1) through four (4) below shall be the following manner:maximum allowable to both parties. Time limits may be extended by mutual agreement. Any grievance of a suspension without pay or discharge may be commenced at Step 3 below.
1. Immediate Administrator-Step 1 The grievant shall present E. Any investigation or other handling or processing of a grievance orally by the grieving Bargaining Unit Employee or Bargaining Unit Employee Representative shall be conducted so as to his immediate administrator within a reasonable time, but result in no event longer than fifteen (15) school days after knowledge by interference with or interruption of assigned work activities. The grieving Bargaining Unit Employee and/or Bargaining Unit Employee Representative may, with the staff member of the facts giving rise to the act or condition which is the basis express permission of his/her designated supervisor, be released from assigned work activities without loss of pay to investigate a grievance. The grievant and In this regard, the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance designated supervisor’s decision is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2final.
2. Director III, Area Executive Officer or Designee —Step 2 F. The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have Union reserves the right to submit a written response appeal all grievances up to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsand including binding arbitration.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A 10.3.1 - Level One - The employee shall attempt to resolve the grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator informally within a reasonable time, but in no event longer than fifteen twenty (1520) school working days after knowledge by the staff member of the facts event giving rise to the act or condition which is grievance by informal discussion with the basis Food Service Manager. The employee may be accompanied by a Union representative of his/her grievancechoosing. The grievant Food Service Manager will reply orally or in writing to the employee within five (5) working days after discussion of the grievance.
10.3.2 - Level Two - If after discussion with the Food Service Manager at Level I the grievance is not settled and the immediate administrator employee wishes to appeal the grievance to Level II, the employee will reduce the grievance to writing (on the form attached to this Agreement as Schedule A) and submit it to the Chief Finance Officer within ten (10) working days after receipt of the Food Service Manager's oral or written answer. The written grievance shall confer with contain a view to arriving at a mutually satisfactory resolution. clear and concise statement of the alleged grievance including the facts upon which the grievance is based, the issues involved, the provisions of this Agreement involved, and the relief sought.
10.3.3 - Level Three - If the grievance is not resolved settled at Step 1, then Level II and the grievant shall reduce employee wishes to appeal the grievance to writing and submit Level III, the same written grievance shall be submitted to the Step 1 administrator Superintendent or designee within ten (10) working days after receipt of the Chief Finance Officers’ written answer. The Superintendent or designee shall meet with the employee and representatives of the Union within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school working days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement receipt of the grievance, including the relevant date - A reference . The Superintendent or designee will provide a written answer to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and with a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant copy to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing OfficerUnion, within ten (10) school working days of such meeting.
10.3.4 - Level Four
(a) If the employee or the Union is not satisfied with the disposition of the grievance by the Superintendent or designee or if no disposition has been made within the time limits, the employee and the Union shall meet within five (5) working days of disposition of the grievance to discuss the merits of submitting the grievance to arbitration.
(b) If the Union determines that the grievance is meritorious, it may submit the grievance to arbitration within five (5) working days.
(c) Within ten (10) working days after written notice to the completion Superintendent or designee of the hearing or receipt of documents submitted by Xxxxxxxxx and Appelleesubmission to arbitration, the Hearing Officer Superintendent or designee and the Union shall submit his/her findings attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a written request of fact, conclusions a list of law and recommendations arbitrators shall be made to the BoardPublic Employment Relations Board (PERB) by either party. The findings list shall consist of five (5) arbitrators and the Hearing Officer parties shall be distributed to both parties. Either determine by lot which party shall have the right to submit remove the first name from the list. The parties shall within three (3) days thereafter, in that order, alternately strike a written response name from the list and the fifth and remaining name shall be the arbitrator.
(d) The arbitrator so selected shall confer with the representatives of the Board and the Union and hold hearings promptly and shall issue a decision not later than fifteen (15) working days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statement and proofs on the issues are submitted to the arbitrator. The arbitrator's decision shall be in writing and shall set forth the finding of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power of authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board within five and the Union and shall be final and binding on the parties.
(5e) school days after receipt The costs for the services of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, orarbitrator including per diem expenses, if any, actual and necessary travel expenses, subsistence expenses, and the matter has been referred to a Hearing Officer, within five (5) school days after it has received cost of the responses to the Hearing Officer's findings. If no responses are received, hearing room shall be borne equally by the Board and the Union. Any other expenses incurred shall render its final decision within five (5) school days after receipt of be paid by the Hearing Officer's findingsparty incurring said expenses.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Informal Step 1 The grievant shall present Any professional staff member or group of professional staff members having a grievance orally to his immediate administrator must first discuss the grievance with the building principal within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts action giving rise to the act or condition which is the basis of his/her grievance. The grievant has the right to be accompanied by a Third Party as defined above at any step of the grievance process. Step One If the discussion does not resolve the grievance to the satisfaction of the grievant, the grievant shall have the right to lodge a written grievance with the building principal within twenty (20) days after the informal step meeting. The written grievance shall be on a standard form and the immediate administrator shall confer with contain a view to arriving at a mutually satisfactory resolution. If statement of facts upon which the grievance is not resolved at Step 1based and a reference to the specific provision of the negotiated agreement, then the Board of Education policy, or individual teacher contract, allegedly violated or misapplied. The grievant shall reduce have the right to request a hearing before the building principal. The request shall appear on the grievance to writing form, and submit the same to the Step 1 administrator a hearing shall be conducted within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position receipt of the aggrieved employee - A statement request. The hour and day of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting hearing shall be held by mutual consent and at a decision in writing rendered place agreed upon by both parties. The building principal shall take action on the written grievance within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision days from receipt of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within grievance or five (5) school days after the decision hearing, if applicable. The action taken and the reasons for the action shall be reduced to writing and copies sent to the grievant, the Ottawa Hills Education Association, and the Superintendent. (5) days after receipt of the Step 1 administrator or his designated representative has been receivedrequest. The Step 2 administrator or his/her designated representative hour and day of the hearing shall meet with be by mutual consent and at a place agreed upon by both parties. The Superintendent shall take action on the appeal of the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been receivedhearing is held. The CEO or his designated representative action taken and the reasons for the action shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting be reduced to writing and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons copies sent to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appelleegrievant, the Hearing Officer shall submit his/her findings of factOttawa Hills Education Association, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsbuilding principal.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
Procedure. Informal Discussion(s): Whenever possible, an affected employee and/or the Association and the administrator whose actions prompted the perceived contract violation, shall meet to resolve problems through free and informal communication. A grievance grievant shall first take up a complaint or problem with the grievant’s immediate supervisor, department head, or, with the human resources administrator in informal discussion(s). The grievant must attempt to schedule the first informal discussion within twenty (20) work days of becoming aware of the alleged violation. Every effort shall be presented and adjusted made to resolve the complaint or problem at this level. If the employee is not satisfied with the informal discussion(s) relative to the matter in question, he/she may proceed to the following mannerformal grievance procedure Step 1. An employee may institute a grievance on his/her own recognizance or may request the assistance of the Association. Should the employee choose to file a grievance without the intervention of the Association, the Association shall be afforded the opportunity to be part of the meeting(s) in which the adjustment is made. The adjustment shall not be in conflict with this Agreement. The proper procedure for pursuing adjudication of alleged grievance is as follows:
1. Immediate Administrator-Step 1 The grievant shall present Within twenty (20) work days of the time the employee demonstrably knew or should have known of the alleged violation, the aggrieved will notify the appropriate supervisor of a desire to discuss a grievance orally and also state the fact that this action possibly constitutes a grievance. If there is a question as to his immediate administrator within the appropriate supervisor, Human Resources will make a reasonable timedetermination.
2. Within ten (10) work days of notification of the alleged grievance, but in no event longer than the appropriate supervisor will meet with the employee, either directly or accompanied by another person designated by the employee, and discuss the grievance. Within fifteen (15) school work days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement discussion of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or supervisor shall give his/her designee shall schedule a meeting response to the aggrieved.
10.3.1 Step 1:
1. If the grievant is not satisfied with the grievantresolution, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officermay, within ten (10) school work days after the completion of receipt of the hearing response, submit District’s “Classified Grievance Claim” form containing (1) the facts on which the grievance is based; (2) a reference to provisions of this Agreement or District Policy or Rule allegedly violated; (3) the remedy sought.
2. Within ten (10) work days of receipt of documents submitted by Xxxxxxxxx and Appelleethe form, the Hearing Officer appropriate supervisor shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to theaggrieved.
10.3.2 Step 2:
1. If the Board grievant is not satisfied with the resolution at Step 1, the grievant may, within five ten (510) school work days after of receipt of the findingswritten response in Step 1, submit the grievance to the Office of the Superintendent.
2. The Board shall render its final decision within five Within ten (510) school work days after it has heard of receipt of the grievance, orthe Office of the Superintendent or designee shall conduct a hearing to investigate and review the grievance. Both the grievant and the Association shall be notified of the date, if time, and place of the matter has been referred hearing. The employee shall be entitled to a Hearing Officer, within five Association representation at the hearing. Within ten (510) school work days after it has received the responses to the Hearing Officer's findings. If no responses are receivedhearing, the Board Superintendent or designee shall render its final decision within five (5) school days after receipt of provide the Hearing Officer's findingsgrievant with a written answer and explanation thereof, based on the data gathered at that hearing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A For the purpose of this Article, an “informal discussion between the parties” may be satisfied by a discussion between the employee and the Principal or between the employee and the Human Resources Manager regarding the dispute or difference. Where a dispute or difference has not been resolved following informal discussion between the parties, the agreed procedure for the resolution of all grievances, except for dismissals which shall be initiated at Step 2, shall be as follows:
(a) In the event of a grievance arising, the grievance specifying the offended Article and the remedy sought shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator writing, within a reasonable time, but in no event longer than fifteen thirty (1530) school working days after knowledge by the staff member of the facts event giving rise to the act or condition which is grievance, to the basis of his/her grievance. The grievant Principal and a copy presented to the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit Human Resources Manager on the same to day or as soon as practicable.
(b) The employee concerned, a representative of SEIU -West, and if the Step 1 administrator within five (5) school daysemployee desires, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position a member of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative local bargaining unit shall meet with the grievant Principal and the Director of Education or designate to discuss the grievance within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school working days after such meetingof its receipt by the Human Resources Manager.
4. Board-Step 4 (c) The Principal or Human Resources Manager, as applicable, shall render a written decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after employee, with a copy to the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing OfficerUnion, within ten (10) school working days after of such discussion.
(d) The parties may agree to a single arbitrator.
(a) Failing agreement under Step 1, a written application for a hearing may be made by the completion of Union through the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations Human Resources Manager to the Board. The findings Employer within ten (10) working days of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findingsdecision at Step 1.
(b) The hearing shall occur at the next regular meeting of the Employer following receipt of the application, when the Employer meeting occurs within three (3) working days following receipt of the application. Otherwise such hearing shall occur at the next subsequent regular meeting of the Employer.
(c) The Board Employer shall render send its final decision decision, in writing, to the employee, with a copy to the Union, within five ten (510) school working days after it has heard of the grievance, or, if hearing.
(a) Grievances which cannot be resolved through the matter has been above may be referred to a Hearing Officer, Board of Arbitration within five twenty (520) school working days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after following receipt of the Hearing Officer's findingsEmployer’s decision at Step 2.
(b) The Board of Arbitration shall consist of one (1) member appointed by the Union, one (1) member appointed by the Employer, and a chairperson, jointly named by the two (2) members so appointed.
(c) Where the appointees of the parties fail to agree, within twenty (20) working days of the second nominee’s appointment, on the appointment of a chairperson either party may request the chairperson of the Labour Relations Board to appoint the chairperson.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Procedure. A grievance shall be presented The parties acknowledge that it is usually most desirable for a teacher and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her immediately involved supervisor to resolve problems through free and informal communications. However, if such informal processes fail to satisfy the teacher, a grievance may be processed as follows: The Teachers and Building Representative shall present the grievance in writing to the Building Principal who will arrange for a meeting to take place within five (5) working days of the receipt of the written grievance. The grievant and Within five (5) days of the immediate administrator meeting, the principal shall confer provide the grievants(s) with a view written decision. In the event the grievance is not satisfactorily resolved in Step One, the grievant(s) may file the grievance with the Superintendent or his/her official designee within five (5) days of the receipt of the Step One answer or eight (8) days of the Step One meeting, whichever is later. Upon receipt of the grievance, the Superintendent shall arrange for a meeting with the grievant to arriving at take place within five (5) days. Within five (5) days of the Step Two meeting, the Superintendent shall provide the grievant(s) with a mutually satisfactory resolutionwritten decision. In the event the grievance is not satisfactorily resolved in Step Two, the grievant(s) may file the grievance with the Board of Education within five (5) days of receipt of the Step Two answer or eight (8) days of the Step Two meeting, whichever is later. Upon receipt of the grievance, the Board President or his/her official designee shall arrange for a meeting with the grievant to take place within five (5) days. Within five (5) days of the Step Three meeting, the Board President shall provide the grievant(s) with a written decision. If the grievance is not resolved at in Step 1Three, then the grievant shall reduce grievant(s) may submit the grievance to writing final and submit the same to the Step 1 administrator binding arbitration within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school 10 days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the BoardStep Three answer. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 Arbitration is limited solely and simply to proceed through the submission of documents interpretation and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion implementation of the hearing terms of this Agreement. The arbitrator shall not have the power to add to, subtract from, alter or receipt of documents submitted by Xxxxxxxxx and Appelleemodify in any way, the Hearing Officer shall submit his/her findings terms or conditions of fact, conclusions of law and recommendations to the Boardthis Agreement. The findings arbitrator shall have no power to alter the terms of this Agreement. Each party shall bear the full costs for its representation in the arbitration. The costs of the Hearing Officer arbitrator and the AAA shall be distributed to both divided equally between the parties. Either If either party requests a transcript of the proceeding, that party shall have bear the right to submit full cost for that transcript. If both parties order a written response to transcript, the Board within five (5) school days after receipt cost of the findings. The Board (2) transcripts shall render its final decision within five (5) school days after it has heard be divided equally between the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsparties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A Nothing in this article will be interpreted as discouraging or prohibiting informal discussions of a dispute by the employee and the Employer prior to the filing or starting of a grievance. If initiated, each grievance shall will be presented and adjusted processed in the following manner:
Step 1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen Supervisor/Employer designee. Within five (155) school working days after knowledge by the staff member of the facts dispute giving rise to the act or condition which is grievance, an employee will reduce his grievance to writing, and file it with his Supervisor/Employer designee. The grievance must be filed on a grievance form setting forth the basis details of the grievance as required by Section 2 and be dated and signed by the employee and the Union representative. A xxxxxxx having an individual grievance in connection with his/her grievanceown work may ask for any member of the grievance committee to assist him/her in adjusting the grievance with his/her supervisor. The grievant and Within five (5) working days after the immediate administrator shall confer with grievance is filed at Step 1, the Supervisor/Employer designee will provide a view written response to arriving at a mutually satisfactory resolutionthe grievance to the aggrieved employee.
Step 2. Department Head/Employer designee. If the grievance is not resolved satisfactorily settled at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator Grievant will, within five (5) school days, but in no event should working days after receipt of the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply answer or a default rejection based on non-response within the standard grievance form which shall contain the following information: - Name and position Step 1 timeline, file an appeal of the aggrieved Step 1 result with the employee's Department Head. The appeal will be dated and signed by the employee - A statement and the Union representative and will include all of the grievance, including initial paperwork or other grievance documents filed at the relevant date - preceding step(s). A reference to grievance identification will be assigned by the applicable provisions of this Agreement and/or Board policy, if any - Human Resources Department. The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or hisDepartment Head/her Employer designee shall will schedule a meeting with to discuss and evaluate the grievant, and such meeting shall be held and a decision in writing rendered grievance or deny the grievance within five (5) school daysworking days of receiving the Step 1 appeal. In If a meeting is held, the event that the grievant's immediate administrator is Department Head/Employer designee will provide a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant written answer to the Step 2 administrator aggrieved employee within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school working days after such meeting.
Step 3. Area Executive Officer or Designee —Mayor/designee. If the grievance is not satisfactorily settled at Step 3 The decision of the foregoing step may be appealed in writing by 2, the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officerwill, within five (5) school working days after it has received receipt of the responses Step 2 answer or a default rejection based on non-response within the Step 2 timeline, appeal in writing to the Hearing Officer's findingsMayor. If no responses are received, The appeal will be dated and signed by the Board shall render its final decision employee and the Union representative and will include all of the initial paperwork or other grievance documents filed at the preceding step(s). The Mayor and/or his designee will within five (5) school working days of receipt of appeal schedule a meeting to discuss and evaluate the grievance or deny the grievance. If a meeting is held, the Mayor/designee will give his answer to the Local Union President in writing with a copy to the aggrieved employee within five (5) working days after receipt such conference. The Ohio Council 8 Regional Director or members of the Hearing Officer's findingsRegional Director’s staff may attend any Step 3 meeting. A copy of the answer will also be submitted to Ohio Council 8 within five (5) days after such Step 3 meeting.
Step 4. Arbitration. If the grievance is not satisfactorily settled at Step 3, it may be submitted for arbitration upon request of the Union in accordance with Section 6 of this article.
A. A policy grievance which affects all or a substantial group of employees and arising from the same event or set of facts may initially be presented by the Union itself at Step 3 of the grievance procedure, subject to the applicable time limitations as if filed at Step 1. All affected employees will be listed on the grievance form.
B. Grievances involving the discharge of an employee, or any other running back-pay liability case, will be brought initially to Step 3 of the grievance procedure, subject to the applicable time limitations as if were filed at Step 1.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen STEP ONE: Within ten (1510) school days after knowledge by the staff member occurrence of an alleged violation, misinterpretation, or misapplication of this Agreement, or any rule, order, or regulation of the facts giving rise to Board, the act or condition which is teacher shall discuss the basis of matter with his/her grievance. The grievant and principal or supervisor either personally or accompanied by an Association representative, in an effort to resolve the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionissue. If the grievance principal does not respond within five (5) school days of the date of the meeting, or if the teacher is not resolved at Step 1satisfied with the principal’s disposition, then the grievant shall reduce he/she may commit the grievance to writing and proceed to Step Two. STEP TWO: Within five (5) school days of the principal’s disposition at Step One, or within twenty-five (25) school days after the occurrence of the alleged grievance if no disposition is received, the teacher or the Association may submit the same grievance to the Step 1 administrator principal in writing, signed by the grievant and a representative of the Association. A standard form shall be available to the Association representative in each building. The principal shall endeavor to resolve the problem, and shall in any case make known his disposition to the grievant in writing by the tenth (10th) school day following receipt of the written grievance. STEP THREE: If the Association is not satisfied with the disposition of the grievance or if no disposition has been made within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference be transmitted to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted Assistant Superintendent for Personnel and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered Labor Relations within five fifteen (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (515) school days of receipt of when the appealwritten disposition was or should have been made in Step Two. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than Within ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by Superintendent or his Designee shall meet with the aggrieved party to Association on the Board within five (5) school days after the decision of the CEO or grievance and shall indicate his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt disposition of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, grievance in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, writing within ten (10) school days after of such meeting and shall furnish a copy thereof to the completion Association. STEP FOUR: If the Association is not satisfied with the disposition of the hearing grievance by the Superintendent/Designee or receipt of documents submitted by Xxxxxxxxx and Appelleeif no disposition has been made within the period above provided, the Hearing Officer shall submit hisgrievance may be submitted to arbitration before an impartial arbitrator. Notice of intent to arbitrate the grievance must be received by the Superintendent/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board Designee within five sixty (560) school days after receipt of when the findingswritten disposition was or should have been received in Step Three. If within twenty (20) school days the parties cannot agree as to the arbitrator, he/she shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall render its final decision within five (5) school days after it has heard the grievancenot be permitted to assert in such arbitration proceeding, or, if the matter has been referred any ground or to a Hearing Officer, within five (5) school days after it has received the responses rely on any evidence not previously disclosed to the Hearing Officer's findingsother party. If The arbitrator shall have no responses are receivedpower to alter, add to or subtract from, the Board shall render its final decision within five (5) school days after receipt terms of the Hearing Officer's findingsAgreement. He/she shall have no power to rule on the failure of the Board to reemploy any probationary teacher or the placing of a non-tenured teacher on a third year of probation nor the failure to reemploy in an extracurricular position any teacher who has served two (2) years or less in that position on the extra-curricular schedule listed in Appendix B 2 and B 3. Both parties agree to be bound by the award of the arbitrator.
Appears in 2 contracts
Procedure. A grievance (A) Upon receipt of all applications, the Vice-President, Academic and Research shall forward the application(s), to the Committee on Status and Affairs, which will meet by October 30 to review them. Upon reviewing the application(s) the Committee may request additional information from the applicant(s).
(B) The Committee shall forward its assessment and recommendation in writing to the President on or before November 15 with a copy to the applicant. In the case of a negative recommendation, the Committee shall state its reasons.
(C) For the purposes of this Article, the Library shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present deemed equivalent to a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant Teaching Unit and the immediate administrator term “Division Chair” shall confer with a view be deemed to arriving at a mutually satisfactory resolutioninclude the Vice-President, Academic and Research as Supervisor for the Library. If the grievance Committee on Status and Affairs has recommended that more than one Sabbatical Leave be granted from the Library or from any Teaching Unit, or as a result of deferral(s), more than one employee from the Library or from any Teaching Unit is not resolved scheduled for Sabbatical Leave, the following shall apply:
(i) unless otherwise necessitated as per Article 22.05 (F) (iv) no more than one (1) Full- Time or Pro-Rated employee from any one Teaching Unit or the Library shall be on Sabbatical Leave at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five time;
(5ii) school daysif, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievanceany year, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice or more individuals from the same Teaching Unit or the Library have applied for Sabbatical Leave during the same semester, the Vice- President, Academic and Research shall direct the Division Chair, or Vice-President, Academic and Research in the case of the Library, to meet with the members of the Teaching Unit or Library. This meeting shall take place no later than December 1;
(iii) the purpose of the meeting shall be to resolve collegially a schedule of Sabbatical Leaves and an opportunity to be heardensure that the needs of the Teaching Unit/Library are met during periods of such leave. The Step 1 administratorDivision Chair, or his/her designated representativeVice-President, may be present at Academic and Research in the meeting and state his/her views. The Step 2 administratorcase of the Library, or his/her designated representativeshall, shall communicate his/her written decision together with supporting reasons by December 15, forward to the grievant Vice-President, Academic and to Research a written report which includes a resolution on the Step 1 administrator as soon as possible, but Sabbatical Leave schedule; and
(iv) if collegial resolution is not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appelleeachieved, the Hearing Officer Vice-President, Academic and Research shall submit his/her findings of fact, conclusions of law and recommendations to determine the Board. The findings of sabbatical schedule considering the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.following:
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Procedure. A grievance shall be presented The parties acknowledge that it is usually most desirable for an employee and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievancesupervisor to resolve problems through free and informal communication. However, should such informal processes fail to satisfy the teacher, then a grievance may be processed as follows:
Step 1 - If the complaint is not resolved in the initial meeting between the grievant and his/her supervisor, the grievant or the Teachers’ Grievance Committee must present the grievance in writing within five (5) days to the principal, and the aggrieved teacher shall be present for the meeting. The grievant principal must provide the aggrieved teacher and the immediate administrator shall confer Teachers’ Grievance Committee with a view to arriving at a mutually satisfactory resolution. written answer on the grievance within five (5) days.
Step 2 - If the grievance is not resolved at in Step 1, then the grievant Teachers' Grievance Committee shall reduce refer the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administratorSuperintendent, or his/her designated representative, may be present at within five (5) days of the meeting and state his/her viewsreceipt of the supervisor's written decision. The Step 2 administratorSuperintendent, or his/her designated representative, shall communicate his/her written decision together arrange for a meeting with supporting reasons the Teachers' Grievance Committee to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO take place within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice Each party shall have the right to include in its representation appropriate witnesses and counselors to develop facts pertinent to the grievance. Upon conclusion of the meeting and an opportunity hearing, the Superintendent will have five (5) days in which to be heardprovide her/his decision to the Teachers' Grievance Committee. The Step 3 administrator - If the grievance is not resolved in Step 1 or his/her designated representative may be present at Step 2, then the meeting and state his/her views. The CEO or his designated representative Teachers' Grievance Committee shall communicate his/her written decision together with supporting reasons refer the grievance to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the School Board within five (5) school days after the decision of the CEO or his/her designated representative has been receiveddays. The School Board may hear shall arrange for a meeting between the appeal or it may refer Teachers' Grievance Committee and the matter for hearing School Board to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, take place within ten (10) school days after the completion of its receipt of the hearing appeal, or receipt of documents submitted by Xxxxxxxxx and Appellee, at the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Boardnext scheduled Board meeting. The findings of the Hearing Officer shall be distributed to both parties. Either Each party shall have the right to submit a written response include in its representation appropriate witnesses and counselors to develop facts pertinent to the grievance. Upon conclusion of the hearing, the School Board within will have five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred in which to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.provide its
Appears in 2 contracts
Samples: Teachers Master Agreement, Teachers Master Agreement
Procedure. A grievance Grievances, as defined by Section 6.1, shall be presented and adjusted resolved in conformance with the following mannerprocedure:
1. Immediate Administrator-Step 1 The grievant shall present An employee claiming a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by violation concerning the staff member of the facts giving rise to the act interpretation or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions application of this Agreement and/or Board policyAGREEMENT shall, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five twenty-one (521) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school calendar days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of alleged violation has occurred, present such grievance to the foregoing step may be appealed in writing employee's supervisor as designated by the grievant to the CEO within five (5) school days after the decision of the EMPLOYER. The EMPLOYER Step 2 administrator or his/her 1 designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5Division Director) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting discuss and give an opportunity answer to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the such Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the completion of EMPLOYER designated representatives final answer in Step 1. Any grievance not appealed in writing to Step 2 by the hearing or receipt of documents submitted by Xxxxxxxxx and AppelleeUNION within ten (10) calendar days shall be considered waived.
Step 2 If appealed, the Hearing Officer written grievance shall submit his/her findings of fact, conclusions of law be presented by the UNION and recommendations to discussed with the BoardEMPLOYER designated Step 2 representative (City Administrator). The findings of EMPLOYER designated representative shall give the Hearing Officer shall be distributed to both parties. Either party shall have UNION the right to submit a written response to the Board EMPLOYER's Step 2 answer in writing within five ten (510) school calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the findingsEMPLOYER designated representatives final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived.
Step 3 If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 3 representative (City Administrator). The Board EMPLOYER designated representative shall render its final decision give the UNION the EMPLOYER's Step 3 answer in writing within five ten (510) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Hearing OfficerEMPLOYER designated representative's findingsfinal answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived.
Step 4 If appealed, the written grievance may be submitted to mediation by the UNION through the State Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following mediation.
Step 5 A grievance unresolved in Step 4 and appealed to Step 5 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made consistent with the rules established by the Bureau of Mediation Services.
Appears in 2 contracts
Samples: Labor Agreement, Labor Agreement
Procedure. A grievance The following shall be presented the formal grievance process. The parties are encouraged to meet informally to resolve issues that may be potential grievances at the lowest possible level of supervision. Such informal meetings will not be considered a step of the grievance process and adjusted in will not stop the following manner:
1grievance timelines. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge If requested by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with employee, a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated Union representative may be present at present. Step One – Administrative. It is the meeting desire of both the Employer and state his/her viewsthe Union that grievances be adjusted informally whenever possible. The CEO If an employee or his designated representative shall communicate his/her written decision together with supporting reasons the Union wishes to file a grievance, such grievance must be filed within thirty (30) calendar days from the date the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to is aware that a Hearing Officer to be designated by said Boardgrievance exists. The grievance shall be heard fifteen (15) school days after the receipt in written form with a complete description of the appeal by alleged grievance, the Boarddate it occurred, the specific article(s) and section(s) of the contract, or Employer policy or rule alleged to have been violated and the remedy sought. Alternatively, PSASA may elect at A copy of the time of filing an appeal at Step 4 grievance will be sent to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such Medical Center's Human Resources Office. The parties will schedule a review. In all matters referred to a Hearing Officer, grievance meeting within ten (10) school calendar days of filing. If requested by the grievant, a representative or delegate may be present. The University will be represented by a manager with the authority to adjust the issues raised in the grievance and a representative from the Medical Center's Human Resources Office. The University will respond in writing within ten (10) calendar days of the meeting. Step Two – Review. If a satisfactory settlement is not reached within the required time period above, the employee and/or representative may submit the written grievance to Step Two within fourteen (14) calendar days after the completion decision at Step One. A copy of the hearing grievance will be sent to the Medical Center’s Human Resources Office and the Office of Labor Relations. The second step review meeting shall occur within ten (10) calendar days. The grievance review meeting shall include the grievant, the grievant's representative or receipt delegate, the head of documents the unit or designee, and representatives from the Medical Center's Human Resources Office and the University's Labor Relations Office. The University will respond in writing within ten (10) calendar days of the meeting. If a satisfactory settlement is not reached, the employee or representative may submit the written grievance to Step 3 within fourteen (14) calendar days. Step Three -Mediation/Arbitration. The written grievance may be submitted by Xxxxxxxxx and Appelleethe Union within fourteen (14) calendar days after the Step 2 decision to the PERC for mediation. If mediation fails to resolve the grievance, the Hearing Officer grievance may be submitted by the Union to arbitration. Such submittal must be within fourteen (14) calendar days from any of the following: the mediator’s impasse report, a written declination by a party to mediate, or the Step Two response if neither the Union nor the Employer requested mediation. The submittal must be in writing and served on the other party. The parties agree to establish a permanent panel of ten (10) arbitrators. These arbitrators shall submit be assigned cases by the parties on a rotating basis. If the arbitrator is not available to hear the case within ninety (90) calendar days of the decision by either party to go to arbitration, the parties may contact the next arbitrator in the rotation. If no arbitrator can hear the case within ninety (90) calendar days, the case will be assigned to the arbitrator who can hear the case on the earliest date. If an individual arbitrator decides to remove his/her findings name from the panel or if one or more members of factthe panel are not continued by either party, conclusions of law and recommendations the parties will meet to decide whether to substitute an additional name(s). No later than seven (7) working days prior to the Boardscheduled arbitration meeting, the parties will submit questions of arbitration eligibility to the arbitrator for preliminary determination, share the name of each witness intending to testify at the hearing, and attempt to agree upon the issue statement. A copy of written materials submitted to the arbitrator will be provided to the opposing party. The findings parties agree that the arbitrator shall have no power to render a decision that adds to, subtracts from, alters or modifies in any way the terms and conditions of the Hearing Officer shall Agreement. The parties further agree that the decision of the arbitrator will be distributed to both final and binding upon all parties. Either party shall The Union or the Employer will have the right to submit a written response request the arbitrator to require the Board presence of witnesses and/or documents. The arbitrator's decision shall be made in writing and the arbitrator shall be encouraged to render the decision within five thirty (530) school calendar days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt close of the Hearing Officer's findingsarbitration.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present 13.2.1 An employee having a grievance orally to his immediate administrator within a reasonable timecomplaint, but in no event longer than fifteen (15) school days after knowledge by the staff or one designated member of a group having a complaint, shall first discuss the facts giving rise to complaint with the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. appropriate Supervisor.
13.2.2 If the grievance is complaint cannot be resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school working days, but in no event should the grievance remain unresolved at Step 1 for twenty employee shall submit the complaint, within three (203) school working days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of reply from the grievanceSupervisor, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2Union Grievance Committee.
2. Director III13.2.3 If the reply from the Supervisor in 13.2.2 is not satisfactory, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative Union Grievance Committee shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer submit the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officerwriting, within five (5) school working days from the receipt of the complaint from the grievor, to the appropriate Supervisor. The Supervisor shall give a written ruling concerning the grievance to the Union Grievance Committee within three (3) working days after it has received receipt of the responses written notice from the Union Grievance Committee.
13.2.4 If the written ruling from the Supervisor fails to resolve the grievance to the Hearing Officer's findings. If no responses are receivedsatisfaction of the Union Grievance Committee, the Board Union Grievance Committee shall render its final decision submit the grievance in writing, within three (3) working days after receipt of the written reply from the Supervisor to the Superintendent responsible for Human Resources, who shall give a written ruling concerning the grievance to the Union Grievance Committee within five (5) school working days after receipt of notice from the Union Grievance Committee.
13.2.5 If the written ruling from the Superintendent responsible for Human Resources fails to resolve the grievance to the satisfaction of the Union Grievance Committee, the Union Grievance Committee shall submit the grievance, within five (5) working days after receipt of the Hearing Officer's findingswritten reply from the Superintendent responsible for Human Resources, in writing, to the Director of Education or Designate. The Director of Education or Designate shall arrange for a meeting to discuss the grievance within ten (10) working days after receipt of such notice. The Director of Education or Designate shall give a written ruling to the Union Grievance Committee within five (5) working days of such meeting.
13.2.6 Failing settlement of the grievance either party, within fifteen (15) working days, may apply for settlement of the issue(s) in dispute by expedited arbitration or an Arbitrator as defined in the Labour Relations Act and in accordance with Article 14.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance Grievance as defined by Section 7.1, shall be presented and adjusted resolved in conformance with the following mannerprocedure:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then : An employee claiming a violation concerning the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions interpretation or application of this Agreement and/or Board policyAGREEMENT shall, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five twenty-one (521) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school calendar days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of alleged violation has occurred, present such grievance to the foregoing step may be appealed in writing employee's supervisor as designated by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been receivedEMPLOYER. The CEO or his EMPLOYER-designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant Representative will receive at least two (2) school days' notice of the meeting discuss and give an opportunity answer to be heard. The such Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The l grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school calendar days after receipt A grievance not resolved in Step I and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the completion of EMPLOYER- designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the hearing or receipt of documents submitted by Xxxxxxxxx and AppelleeUNION within ten (10) calendar days shall be considered waived.
Step 2: If appealed, the Hearing Officer written grievance shall submit his/her findings of fact, conclusions of law be presented by the UNION and recommendations to discussed with the BoardEMPLOYER-designated Step 2 Representative. The findings of EMPLOYER-designated Step 2 Representative shall give the Hearing Officer shall be distributed to both parties. Either party shall have UNION the right to submit a written response to the Board EMPLOYER'S Step 2 answer in writing within five ten (510) school calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days follow ing the findingsEMPLOYER- designated Representative's final Step 2 answer. The Board Any grievance not appealed in writing to step 3 by the UNION within ten (10) calendar days shall render its final decision within five (5) school days after it has heard be considered waived.
Step 3: A grievance unresolved in Step 2 and appealed to Step 3 by the grievance, or, if the matter has been referred UNION shall be submitted to a Hearing Officer, within five (5) school days after it has received the responses arbitration subject to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt provisions of the Hearing Officer's findings.rules and regulations established by the State of Minnesota Bureau of Mediation Services. ·
Appears in 2 contracts
Samples: Labor Agreement, Labor Agreement
Procedure. A grievance shall be presented and adjusted (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the following manner:
1Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. Immediate Administrator-Step 1 The grievant Where the hospital deems it necessary to suspend or discharge an employee, the hospital shall present notify the union, in writing, of such suspension or discharge. For purposes of this Agreement, a grievance orally to his immediate administrator within is defined as a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff difference arising between a member of the facts bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the act grievance, or condition which is from when the basis employee should have reasonably become aware of his/her grievancethe event giving rise to the grievance and, failing settlement within seven (7) calendar days, it shall be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: The employee must submit the grievance in writing signed by him to his immediate supervisor and may be accompanied, if he so desires, by his union xxxxxxx. The grievant and grievance shall identify the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement nature of the grievance, including the relevant date - A reference to remedy sought, and should specify the applicable provisions of this the Agreement and/or Board policy, if any - which are alleged to have been violated. The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a immediate supervisor will deliver his decision in writing rendered within five seven (57) school dayscalendar days following the day on which the grievance was presented to him. In Failing settlement, then: Within seven (7)calendar days following the event that decision under Step No. the grievant's immediate administrator is a Director III or Area Executive Officeremployee who, then he/she shall skip Step 2.
2if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to his Department Head who will deliver his decision in writing within seven (7) calendar days from the date on which the written grievance was presented. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing This step may be appealed in writing by omitted where the grievant to employee's immediate supervisor and Department Head are the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.same
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Procedure. Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure:
Step 1 An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee’s supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within seven (7) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within seven (7) calendar days after the Employer-designated representative’s final answer in Step 1.
Step 2 If appealed, the written grievance shall be presented by the Association and adjusted discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Association the Employer’s Step 2 answer in writing within seven (7) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within seven (7) calendar days following the Employer-designated representative’s final Step 2 answer.
Step 3 If appealed, the written grievance shall be presented by the Association and discussed with the Labor Relations Manager or his/her designee. The Employer-designated representative shall give the Association the Employer’s answer in writing within seven (7) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within seven (7) calendar days following manner:the Employer-designated representative’s final answer in Step 3.
1. Immediate Administrator-If the grievance has not been satisfactorily resolved at Step 1 The grievant 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If both parties agree that the grievance is suitable for mediation, the parties shall present submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator.
2. Grievance mediation is an optional and voluntary part of the grievance orally resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to his immediate administrator within a reasonable arbitration shall be delayed for the period of mediation. Either party may at any time opt out of mediation at which time, but in the Union may then proceed to arbitration.
3. The grievance mediation process shall be informal. Rules of evidence shall not apply, and no event longer than fifteen (15) school days after knowledge by the staff member record shall be made of the facts giving rise proceeding. Both sides shall be provided ample opportunity to present the act or condition which is the basis of his/her grievanceevidence and argument to support their case. The grievant and mediator may meet with the immediate administrator parties in joint session or in separate caucuses.
4. At the request of both parties, the mediator may issue an oral recommendation for settlement.
5. Unless the parties agree otherwise, the outcome shall confer with a view to arriving at a mutually satisfactory resolutionnot be precedential.
6. If the grievance is not resolved at and is subsequently moved to arbitration, such proceeding shall be de novo, in that, nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during arbitration.
Step 1, then 4 A grievance unresolved in Step 3 and appealed to Step 4 by the grievant Association shall reduce the grievance be submitted to writing and submit the same arbitration subject to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position provisions of the aggrieved employee - A statement Public Employment Labor Relations Act of the grievance, including the relevant date - A reference to the applicable provisions 1971 as amended. The selection of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting an arbitrator shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, made in accordance with procedures (if any) the “Rules Governing the Arbitration of Grievances” as established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion Bureau of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsMediation Services.
Appears in 2 contracts
Samples: Labor Agreement, Labor Agreement
Procedure. A The Board, the Administration, and the Association acknowledge that it is usually most desirable for a staff member and the Administration to resolve problems through free and informal communications. However, should such informal processes fail to satisfy the grievant, and then a grievance shall may be presented and adjusted in processed according to the following manner:formal procedures.
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer STEP I No later than fifteen twenty (1520) school days after knowledge by the staff member grievant knew or could have reasonably been expected to have known about the occurrence of the facts alleged violation giving rise to the act or condition which is grievance, the basis of his/her grievance. The grievant and may, through the Association, submit to the proper immediate administrator shall confer with who has the authority to bring about a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position resolution of the aggrieved employee - A statement of the grievancealleged problem, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted a completed and time The Step 1 signed STEP I grievance form. Said administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of will acknowledge receipt of the appealgrievance form by initialing such completed form. The aggrieved party will receive at least two (2) school day's notice Once the form has been initialed, a copy of the meeting and an opportunity to completed form shall be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons given to the grievant and to the Step 1 administrator as soon as possible, but not later than Association representative. Within five (5) school days after such of receipt of the grievance form, the administrator shall contact the Association and schedule a mutually agreeable time to meet to discuss said grievance. Within five (5) days of said meeting, the administrator shall indicate his/her disposition of the grievance in writing and forward a copy thereof to the grievant and the Association.
3. Area Executive Officer STEP II If the grievant or Designee —Step 3 The decision the Association is not satisfied with the disposition of the foregoing step grievance at STEP I, the Association may be appealed in writing initiate STEP II by the grievant completing a written Grievance Report form STEP II and submitting it to the CEO Superintendent within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appealSTEP I response. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within Within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appelleecompleted said form, the Hearing Officer Superintendent and/or his designated representative shall submit schedule to meet with the grievant and his/her findings Association representative for the purpose of factresolving the grievance. Within five (5) days of such meeting, conclusions the Superintendent shall indicate his/her disposition of law the grievance in writing, and recommendations forward a copy thereof to the Board. The findings of grievant, the Hearing Officer shall be distributed to both parties. Either party shall have Association, and Administrator(s) involved.
STEP III If the right to submit grievant or the Association is not satisfied with the disposition made by the Superintendent, the Association may initiate STEP III by completing a written response proper Grievance Report Form and submitting it to the Board by filing a copy with the Treasurer of the Board and the Superintendent within five (5) school days after of receipt of the findingsSTEP II response. The At the next regularly scheduled Board meeting, the Board shall render meet with the grievant, the Association representative and the Superintendent or his designee, to review the grievance and attempt to resolve same. Within seven (7) days of such meeting, the Board shall reduce its final decision disposition of the grievance to writing and forward a copy thereof to the grievant, the Association and the Superintendent. Upon mutual agreement of the parties to the grievance, the grievance may be submitted to STEP IV without a hearing before the Board.
STEP IV If the grievant or the Association is not satisfied with the disposition of the grievance by the party at the previous step, the Association may submit the grievance to an impartial arbitrator by filing a request for arbitration with the Treasurer of the Board and the Superintendent within five (5) school days of receipt of the STEP III response. Within three (3) days after it has heard the grievancesubmission of the request, or, if the matter has been referred Association representative and the Superintendent shall meet to a Hearing Officer, within five (5) school days after it has received select the responses to the Hearing Officer's findingsarbitrator. If no responses are receivedarbitrator is selected within seven (7) days, the Board demand for arbitration and the request for an arbitrator shall render be submitted to the American Arbitration Association in accordance with its final decision within five rules, which rules [(51) school days after receipt the American Arbitration Association rules for voluntary labor arbitration or (2) the American Arbitration Association rules for expedited labor arbitration] shall likewise govern the arbitration proceeding. Both parties may be represented at the arbitration hearing. The jurisdiction and authority of the Hearing Officerarbitrator and his/her opinion and award shall be limited to the interpretation of the written provisions of the Agreement and Board policy. The arbitrator shall have no power to alter, add to, or subtract from or in any way modify the terms and conditions of this Agreement or Board policy. In any arbitration proceeding where a question concerning the arbitrator's findingsjurisdiction over the grievance is raised, the arbitrator shall make a separate decision on the question of his jurisdiction. In his/her decision, the arbitrator shall first rule upon the jurisdictional issues and, if he/she determines that he/she has no jurisdiction, he/she shall make no decision or recommendation concerning the merits of the grievance. Nothing contained herein shall prohibit the arbitrator from taking all evidence of the jurisdictional issues and the merits of the grievance in a single hearing. The arbitrator will render his/her decision in writing within thirty (30) days, or such additional time as the parties may in writing agree, after any grievance has been submitted. His/her decision will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The fees and expenses for the services of the arbitrator will be borne equally by the Board and the Association.
Appears in 2 contracts
Samples: Master Contract, Master Contract
Procedure. A a) Any employee who decides either alone or after seeking the assistance of the Executive Board of the Union that such employee has a grievance shall be presented and adjusted in discuss it with the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by taking the staff member of the facts giving rise to the act or condition action which is the basis subject of the grievance in an attempt to resolve the matter informally at that level.
b) If, as a result of the discussion, the matter is not resolved to the satisfaction of the employee within seven (7) calendar days of the discussion, such employee shall set forth the grievance in writing to the Superintendent, specifying:
(i) The nature of the grievance;
(ii) The results of previous discussions;
(iii) That such employee is dissatisfied with decisions previously rendered;
(iv) The remedy requested; and
(v) Reference to that provision of the contract which the employee claims has been misinterpreted or misapplied. The Superintendent shall give his/her decision to the grievant in writing within seven (7) calendar days of receipt of the written grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. .
c) If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school daysemployee's satisfaction, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference may appeal to the applicable provisions Board of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered Education within five ten (510) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school calendar days of receipt of the appealSuperintendent's decision. The aggrieved party will receive at least two (2) school day's notice request shall be submitted in writing through the Superintendent of Schools who shall attach all related papers and forward the meeting and an opportunity request to be heardthe Board. The Step 1 administratorBoard, or his/her designated representativea committee thereof, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but composed of not later less than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative members, shall meet hold a hearing with the grievant employee within five twenty (520) school calendar days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting written grievance and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written render a decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school calendar days after the completion of the hearing hearing.
d) In the event a grievance shall not have been settled under the procedure above, and if such grievance involves a claim of violation, misinterpretation, misapplication or receipt infringement upon the provisions of documents submitted by Xxxxxxxxx and Appelleethis Agreement, the Hearing Officer shall submit his/her findings of factaggrieved, conclusions of law and recommendations subject to the Board. The findings approval of the Hearing Officer Union, may proceed directly to arbitration, which shall be distributed to both parties. Either party shall have the right to submit a written response binding subject to the Board limitations of statute.
e) The Union shall initiate arbitration by certified letter addressed to the Superintendent of Schools and bearing the written approval to proceed of the President of the Administrators' Union. Such letter shall be mailed within five twenty (520) school calendar days after of receipt of the findingswritten decision of the Board.
f) The grievant, or the person designated by the grievant to represent the grievant in the grievance and the Superintendent, or the person designated by the Board to represent it in the grievance shall promptly attempt to agree upon and engage an arbitrator, but if either party determines that no purpose will be served by attempting or continuing to attempt to so agree, either may submit the choice of arbitrator to the American Arbitration Association. In either event the conduct of the arbitration shall be under the rules of the American Arbitration Association.
g) The arbitrator shall hear and decide only one grievance in each case. The Board arbitrator shall render its final be bound by and must comply with all the terms of Agreement. The arbitrator shall have no power to add to, delete from or modify in any way any of provisions of this Agreement. The decision within five (5) school days after it has heard of the grievancearbitrator shall be binding upon both parties and all employees during the life of this Agreement, or, if except that such shall not usurp the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, functions or powers of the Board shall render its final decision within five (5) school days after receipt of Education as provided by statute. Fees and expenses of the Hearing Officerarbitration shall be borne equally by both parties.
h) Any complaint or grievance not presented for disposition through the grievance procedure set forth above within twenty-eight (28) calendar days of the occurrence of the facts or condition giving rise thereto, or within twenty-eight (28) calendar days of the grievant's findingsknowledge of their occurrence, whichever comes later, shall not thereafter be treated or processed as a grievance under this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A Any grievance which may arise on the part of an employee concerning the correct application or interpretation of this Agreement shall be presented and adjusted handled in the following manner:
Step 1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen Within ten (1510) school working days after knowledge by the staff member of the facts event giving rise to the act grievance, or condition which is within ten (10) working days after the basis employee or Union could reasonably have been expected to have knowledge of histhe event, the employee or Union representative shall discuss the problems with the relevant immediate supervisor/her grievancemanagement or Human Resources representative. Both parties shall attempt to resolve the problem during this discussion. It shall be considered acceptable for such grievances to be presented in written format and submitted either physically or electronically.
Step 2. The grievant and the immediate administrator Union, not an individual employee, has exclusive authority to determine whether a grievance shall confer with a view to arriving at a mutually satisfactory resolutionbe escalated beyond Step 1. If the union decides that the grievance is has not been satisfactorily resolved at Step 1, then the grievant shall reduce Union may submit the grievance to in writing and submit the same to the Step 1 administrator affected employee’s supervisor within five (5) school days, but in no event working days of the initial Step 1 discussion. All grievances should be submitted on an AFSCME grievance form indicating: • The date of the Step 1 discussion; • A detailed statement of the facts; • A citation to the section of the Agreement that was allegedly violated. All documents relevant to the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievanceshould be attached to the grievance form. PSASA shall supply the standard The grievance form which shall contain must be signed and dated by an authorized official with the following information: - Name Union. The affected employee’s supervisor must sign and position date the grievance form to memorialize receipt by the employer. This does not exclude the Union from adding additional facts and materials throughout the grievance process as additional facts or relevant documents become known. Within five (5) working days of the aggrieved employee - A statement receipt of the grievance, including the relevant date - A reference supervisor and the Union and the affected employee shall meet and discuss the grievance in an effort to resolve it. Within five (5) working days following such meeting, the supervisor shall give the Union a written answer to the applicable provisions of this Agreement and/or Board policygrievance.
Step 3. If the Union decides that the grievance was not satisfactorily resolved at Step 2, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with Union may advance the grievant, and such meeting shall be held and a decision in writing rendered grievance to the Department Head within five (5) school daysworking days of receipt of the Supervisor’s answer. In Within ten (10) working days of receipt of the event grievance, the Department Head or his or her designee and the Union shall meet and attempt to resolve the grievance. Within five (5) working days following such meeting, the Department Head shall give the Union a written answer to the grievance.
Step 4. If the Union decides that the grievant's immediate administrator is a Director III or Area Executive Officergrievance was not satisfactorily resolved in Step 3, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step Union may be appealed submit in writing by the grievant grievance to the Step 2 administrator Mayor within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school working days of receipt of the appealDepartment Head’s answer. The aggrieved party will receive at least two (2) school day's notice of Mayor shall review the meeting matter promptly and an opportunity to shall make a final decision which shall be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons communicated to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed Union in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.fifteen
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Grievances, as defined by Article 13.1, shall be resolved in conformance with the following procedure:
STEP 1. An employee claiming a violation concerning the interpretation or application of this AGREEMENT, shall within fourteen (14) calendar days after such alleged violation has occurred (or actual knowledge of the alleged violation or the time when the occurrence of the alleged violation should reasonably has been known), present such grievance, in writing, to the employee's immediate supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will meet with the UNION and discuss and give, in writing, an answer to such Step 1 grievance within fourteen (14) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of this AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within fourteen (14) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within fourteen (14) calendar days shall be considered waived.
STEP 2. If appealed, the written grievance shall be presented by the UNION and adjusted discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator writing within a reasonable time, but in no event longer than fifteen fourteen (1514) school calendar days after knowledge by the staff member receipt of the facts giving rise to the act or condition which is the basis of his/her such Step 2 grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such Such meeting shall be held and a decision in writing rendered within five fourteen (514) school calendar days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —A grievance not resolved in Step 2 The decision of the foregoing step may be appealed in writing to Step 3 within fourteen (14) calendar days following the EMPLOYER-designated representative's final Step 2 answer.
STEP 3. If appealed, the written grievance shall be presented by the grievant to UNION and discussed with the EMPLOYER-designated Step 2 administrator within five (5) school days after the decision 3 representative. Such meeting may be waived by agreement of the Step 1 administrator or his designated representative has been receivedparties. The Step 2 administrator or his/her EMPLOYER-designated representative shall meet with give the grievant within five (5) school days of receipt of UNION the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed EMPLOYER'S answer in writing by the grievant to the CEO within five fourteen (514) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within fourteen (14) calendar days following the findingsEMPLOYER-designated representative final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION, within fourteen (14) calendar days shall be considered waived.
STEP 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration and a request shall be made to the Bureau of Mediation Services for a panel of arbitrators (unless the UNION and the EMPLOYER agree on an Arbitrator) within nine (9) months following the EMPLOYER designated representative’s final answer in Step 3, subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The Board selection of an arbitrator shall render its final decision within five (5) school days after it has heard be made in accordance with the grievance, or, if "Rules Governing the matter has been referred to a Hearing Officer, within five (5) school days after it has received Arbitration of Grievances" as established by the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt Bureau of the Hearing Officer's findingsMediation Services.
Appears in 2 contracts
Procedure. A grievance Applicants for full-time leave for professional development shall prepare a proposal for leave which describes the prospective activity and indicates the contribution it will make to the individual concerned and the college, utilizing a form established by the employer. This proposal shall be presented and adjusted to the President six (6) months in advance of the following manner:
1requested leave. Immediate Administrator-Step 1 The grievant President shall present a grievance orally to his immediate administrator within a reasonable timeseek the recommendation of the supervisor. In making this recommendation, but in no event longer than fifteen (15) school days after knowledge the supervisor shall be guided only by the staff member of the facts giving rise criteria contained in this Article. Prior to the act or condition which is the basis of making his/her grievancerecommendation to the President, the supervisor shall meet with the applicant and discuss his/her intended recommendation with the applicant. The grievant and President shall also seek the immediate administrator recommendation of the Professional Development Committee which shall confer with a view be completed by December 15. In making its recommendation, this committee shall be guided only by the criteria contained in this Article. Prior to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same making his/her recommendations for professional development leave to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position President of the aggrieved employee - A statement of Connecticut State Colleges and Universities, the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator President or his/her designee shall schedule a meeting meet and discuss his/her intended recommendations with the grievantcommittee. Where there are differences between the President and the committee, the committee may forward a statement of the reasons for its position to the President of the Connecticut State Colleges and Universities, with a copy to the President. In addition, the President may consult with and/or seek the recommendations of other representatives of the employer, provided, however, that the President shall inform persons under consideration of any formal recommendation process and any such meeting recommendation shall be held and a decision guided only by the criteria contained in writing rendered within five (5) school daysthis Article. In Formal recommendations made to the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision President by other employees of the foregoing step may college shall be appealed in writing consistent with the following:
(a) Recommendations shall be limited to bargaining unit members for whom the management personnel have direct supervisory responsibility;
(b) Management recommendations shall be guided by the grievant criteria contained in this Article and management personnel shall give consideration to all materials specified and the Step 2 administrator within five (5) school days after recommendationsof the supervisors and the Professional Development Committee. The foregoing shall not be deemed to limit the right of the President to consult others as provided in this paragraph. The professional staff member shall be entitled to know the formal recommendations at each level in the decision of the Step 1 administrator or his designated representative has been receivedPresident, which shall be final. The Step 2 administrator or his/her designated representative shall meet with the grievant within five Within ninety (590) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appelleeproposal, the Hearing Officer President shall submit his/her findings of fact, conclusions of law and forward his recommendations to the BoardPresident of the Connecticut State Colleges and Universities for final determination. The findings President of the Hearing Officer Connecticut State Colleges and Universities shall be distributed to both parties. Either party shall have act on the right to submit a written response to the Board recommendations within five sixty (560) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsdays.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A To promote better relations, the parties agree to settle any disputes as to the meaning of interpretation of this contract by the following procedures:
Step 1. After first attempting to resolve the grievance informally, the Union, or any employee with notice to the Union, may claim a breach of this Agreement in writing to the employee's immediate supervisor within fourteen (14) calendar days from the occurrence thereof, or the employee's knowledge thereof. The notice shall be presented completed on the approved Official Statement of Grievance form and adjusted in the following mannershall include:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15a) school days after knowledge by the staff member A statement of the facts giving rise grievance and relevant facts;
(b) Provision of the contract violated;
(c) Remedy sought The supervisor or designee shall respond to the act or condition which is grievance in writing within fourteen (14) calendar days, with a copy to the basis Union.
Step 2. If after fourteen (14) calendar days from the date of his/her grievancesubmission of the grievance to the supervisor, the grievance remains unresolved, the grievance may be submitted within fourteen (14) calendar days to the department head. The grievant and department head or designee may meet with the immediate administrator aggrieved party, who may request Union representation at the hearing. The department head or designee shall confer respond to the grievance in writing within fourteen (14) calendar days, with a view copy to arriving at the Union.
Step 3. If, after fourteen (14) calendar days from the date of submission of the grievance to the department head, the grievance remains unresolved, the grievance may be submitted within fourteen (14) calendar days to the City Manager or designee, who shall meet with the aggrieved party and Union representatives and shall respond to the grievance in writing within fourteen (14) calendar days, with a mutually satisfactory resolutioncopy to the Union.
Step 4. If the grievance is not resolved at Step 1, then the grievant shall reduce within fourteen (14) calendar days from submission of the grievance to writing and the City Manager, the Union may notify the City of its intent to submit the same matter to an arbitrator within fourteen (14) calendar days from the time the grievance response was received or due. The arbitrator shall be selected by mutual agreement of the parties. If the parties cannot agree on an arbitrator within twenty-five (25) calendar days of the submission of the grievance to the Step 1 administrator within five (5) school daysCity Manager, but he/she shall be chosen in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position manner:
(a) A list of eleven (11) Oregon/Washington arbitrators from the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Oregon Employment Relations Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held requested and the parties shall alternately strike one (1) name from the list until only one (1) is left. The Union shall strike the first name. The one (1) remaining shall be the arbitrator.
(b) The arbitrator shall render a decision in writing rendered within five thirty (530) school daysdays of the close of the hearing. In The powers of the event that arbitrator shall be limited to interpretation of this Agreement, determining whether a specific provision of this Agreement has been violated, and establishing an appropriate remedy provided such remedy is within the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2scope of this Agreement. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may arbitrator shall be appealed in writing binding on both parties.
(c) The cost of the arbitration shall be borne by the grievant losing party. Each party shall be responsible for the costs of presenting its own case to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetingarbitrator.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in By mutual agreement, the following manner:timelines on any level may be extended.
Level 1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and must request an informal conference with the immediate administrator most reasonably related to the matter in dispute within ten (10) days after becoming aware of the grievance. At this conference, the grievant shall confer with a view directly seek to arriving at a mutually satisfactory resolutionresolve the matter informally. At this level, neither party may have representation. At all other levels, each side shall be entitled to representation. If the grievance grievant is not resolved satisfied with the disposition of the grievance at Step Level 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in or if no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing has been rendered within five (5) school days. In days after presentation of the event that grievance, the grievant's immediate administrator is a grievant may file the grievance with the Director III or Area Executive Officeror, then he/she shall skip Step 2at the Director’s discretion, the Associate Director.
Level 2. Such grievance must be filed with the Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after of the decision of at Level 1. Within the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of after receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing grievance by the grievant to Director, the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall Director will meet with the grievant within five aggrieved person and a representative (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to if the grievant and chooses to have representation) in an effort to resolve it. If the Step 1 administrator as soon as possibleDirector or the grievant is unable to meet within the specified time frame, but a mutually agreed upon date for such a meeting, no later than an additional ten (10) school days shall be determined. If the grievant is not satisfied with the disposition of the grievance at Level 2, or if no decision has been rendered within ten (10) days after such meetingpresentation of the grievance, the grievant may file the written grievance with the Clerk of the Board.
4Level 3. Board-Step 4 The decision Such grievance must be filed with the Clerk of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after of the decision of the CEO or his/her designated representative has been receivedat Level 2. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within Within twenty-five (525) school days after receipt of the findingswritten grievance by the Clerk of the Board, the Board will meet with the aggrieved person and a representative (if the grievant chooses to have representation) in an effort to resolve it. The Board shall render its final a written decision within five (5) school days after it has heard following said meeting.
Level 4. The grievant may appeal the grievance, or, if decision of the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses Board to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsDistrict Court pursuant to K.S.A. 60-2101(d.)
Appears in 2 contracts
Samples: Professional Agreement, Professional Agreement
Procedure. A The parties are encouraged to resolve through informal discussions any grievances as defined herein. When specifically requested by the employee, a CMAGE/CWA representative may accompany the employee to assist in the informal resolution of the grievance. Such informal discussions are not to be construed as a part of the grievance procedure. If such informal discussions do not lead to a satisfactory resolution of a grievance as defined herein, the grievance shall be presented and adjusted in processed according to the following manner:procedure.
(1. Immediate Administrator-Step 1 The grievant shall present ) If the employee or CMAGE/CWA is unable to resolve a grievance orally informally, a written statement of the grievance shall be prepared, signed by the Grievant and delivered to his immediate administrator the aggrieved employee's Appointing Authority or designee within a reasonable time, but in no event longer than fifteen fourteen (1514) school days after knowledge by the staff member of the facts first event giving rise to the act grievance or condition which is within fourteen (14) days after the basis employee or CMAGE/CWA, through the use of his/her reasonable diligence, could have obtained knowledge of the first event giving rise to the grievance. The An employee grievant and shall deliver a copy of the immediate administrator written grievance to the CMAGE/CWA President. Grievants shall confer with a view make every effort to arriving at a mutually satisfactory resolution. If specify the section or sections of this Agreement that are allegedly violated, misinterpreted, or misapplied, the full facts on which the grievance is not resolved at Step 1, then based and the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2specific relief requested.
(2. Director III) After the written grievance is submitted, Area Executive Officer the Appointing Authority or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative designee shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision receipt of the foregoing step grievance. A CMAGE/CWA representative will be allowed to attend the First Step hearing. By mutual agreement of the Department representative and the Union, two CMAGE/CWA representatives may be appealed in writing by allowed to attend the aggrieved party First Step hearing. The Appointing Authority or designee shall give a written answer to the Board President of the Union within five ten (510) school days after the decision of hearing. Second Step: If the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect is not satisfactorily resolved at the time First Step, the grievant and/or the Union may submit the grievance in writing to the Director of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing OfficerHuman Resources or designee, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findingsCity's First Step answer, or within ten (10) days of when the First Step answer was due, whichever occurs first. Hearings for Non-Disciplinary Grievances The Board Director of Human Resources or designee shall render its final decision meet with the grievant and the Union President or the Vice-President, and/or a representative of CWA within five ten (510) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officergrievance. The Director of Human Resources or designee, after consultation with the grievant's findingsAppointing Authority or designee, shall give a written answer to the President of the Union within ten (10) days after the hearing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A Grievances as defined in Section 1 shall be settled in the following manner and the steps set forth must be followed in the order listed within the time limits prescribed:
Step 1. The grievance shall be orally presented and adjusted to the employee's first level supervisor within ten (10) days after employee knew or should have known of violation. No settlement in the following manner:
1. Immediate Administrator-this Step 1 The grievant shall present be made in violation of the "written contract." If a grievance orally to his immediate administrator settlement is not reached within a reasonable time, but in no event longer than fifteen two (152) school days after knowledge by oral presentation to the staff member first level supervisor the grievance shall be reduced to writing on a form No. G-l with a clear statement of the facts giving rise issues involved. This shall be presented to the act or condition which is First Level Supervisor who shall promptly transmit the basis of his/her written grievance to the General Counsel for handling in accordance with Step 2.
Step 2. The General Counsel shall establish a Step 2 with the aggrieved and the appropriate Second Level Supervisor. The Step 2 meeting shall be held within ten (10) days after employee has filed the grievance. The grievant time and place for meetings under Step 2 shall be at the immediate administrator discretion of the General Counsel. The employee shall confer be allowed a maximum of three representatives at the meeting. The General Counsel shall prepare a report of the meeting, together with a view written disposition of the matter and forward copies thereof to arriving at a mutually satisfactory resolutionthe employee and to the employee's exclusive representative organization within ten (10) days after the Step 2 hearing. If the grievance settlement is not resolved at reached in this Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator 2 within five (5) school daysdays of the date of the disposition, but in no event should the grievance remain unresolved at is referred to Step 1 for twenty (20) school days after knowledge of grievance3.
Step 3. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference Grievances referred to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting 3 shall be held discussed between the employee's exclusive representative and a decision in writing rendered within five (5) school daysthe General Counsel. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she This discussion shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, take place within ten (10) school days after the completion of the hearing or receipt of documents submitted by Xxxxxxxxx and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter grievance has been referred to Step 3. If agreement is reached as a Hearing Officerresult of this meeting the General Counsel shall issue a disposition of the matter which shall be final and binding. If agreement is not reached, the aggrieved shall, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are receivedStep 3 meeting, notify, in writing, the Board General Counsel that arbitration is required.
Step 4. ARBITRATION: In cases referred to Step 4 the parties shall render its final decision attempt to agree on an arbitrator, if agreement is not reached within five (5) school days after receipt the parties shall petition the Bureau of Mediation Services for assistance under the rules of the Hearing Officer's findingsPELRA. The arbitrator shall set the time and place for the Step 4 hearing, the method of procedure and make all necessary rulings. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of the written agreement or to any agreement made supplementary hereto, and shall only be allowed to rule on those cases that apply to the definition of a grievance as described in this article. The decision of the arbitrator, if within the scope of his power, shall be binding on both parties within the limitations of the PELRA. The expense and fees of the arbitrator shall be borne jointly by the school district and the employee organization.
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Samples: Master Agreement, Master Agreement