Common use of Procedures Clause in Contracts

Procedures. 9.4.1 Step 1 Every effort shall be made to resolve grievances or potential grievances through free and informal communications between the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance shall be deemed withdrawn. The Board shall meet within ten

Appears in 2 contracts

Sources: Negotiated Agreement, Negotiated Agreement

Procedures. 9.4.1 (a) Step 1 Every effort shall be made to resolve grievances or potential grievances through free and informal communications between the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form 1: Informal: Within ten (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (410) days after the meetingoccurrence of an event giving rise to a grievance, the employee involved shall discuss the matter with the Director of Nutritional Services in the employee's work area, with the object of resolving the matter informally. 9.4.3 (b) Step 3 2: If the grievance is not adjusted resolved informally at Step 2 to the satisfaction of first step, the grievantaggrieved employee shall file the grievance, then the grievantin writing, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right district administrator assigned to have representatives attend the meetingthat area, within ten (10) days after the informal conference. The written grievance has been referred to him. Both theshall state the nature of the grievance, reciting the specific clause or clauses of the agreement allegedly violated and specify the remedy requested. 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30c) Within ten (10) days after the Director of Nutritional Services assigned to that area receives the written grievance, a meeting prescribed at a mutually agreeable time shall be held with the aggrieved to discuss the alleged grievance and attempt to resolve the same. The Director of Nutritional Services shall render a decision communicated in writing to the aggrieved employee including a copy to the Union within ten (10) days following the conference between the Director of Nutritional Services and the aggrieved. (d) Step 3 is held3: In the event the grievance has not been satisfactorily resolved at the second step, the aggrieved may file an appeal of the Director of Nutritional Service’s answer within ten (10) days of the written decision with the Superintendent. Within ten (10) days after the written grievance has been filed with the Superintendent, the aggrieved and the Superintendent shall be deemed withdrawnmeet in an attempt to resolve the grievance. The Board Superintendent shall meet file an answer in writing within tenten (10) days of the grievance meeting and communicate it in writing to the employee, including a copy to the Union. (e) Step 4: If the answer of the Superintendent is not accepted, the Union, within ten (10) days after receiving the Superintendent's answer, may request that the grievance be submitted to a joint committee consisting of the Board's Chief Negotiator, Superintendent or designee, the aggrieved, and the business representative of the Union. The Superintendent or designee shall, within ten (10) days after the joint committee meeting notify the aggrieved and the Union in writing of the employer's decision on the grievance.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties hereto acknowledge that it is incumbent upon the ParaEducator and his/her immediate supervisor to resolve grievances or potential grievances problems through free and informal communications between communications. When requested by the grievant ParaEducator, an Association representative may accompany the ParaEducator in order to assist in the informal resolution of the grievance. Nothing contained herein shall be construed as limiting the right of any ParaEducator having a grievance to discuss the matter informally with his/her immediate supervisor and his immediate administrative supervisorhaving the grievance adjusted, provided the resolution agreed to is not inconsistent with the terms of this Agreement. 1. However, if such informal processes fail Level One The formal grievance procedure begins when the ParaEducator or the Association presents the grievance in writing to provide an acceptable adjustment the Division Chair. The grievance statement must specify the nature of the grievance, section of this Agreement which has been violated, and the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, remedy sought. Such grievance shall be submitted within twenty (20) days of the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) occurrence or knowledge of the event giving rise to the grievant's immediate administrative grievance. The supervisor who shall arrange for a meeting to take place within four five (45) days after receipt of the formgrievance statement. The grievant, his Association representative or immediate supervisor, and a representative supervisor may invite the person or persons of the Association, unless the Association waives its right his/her choice to have its representative present, shall attend the meeting. In addition, both meet with the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of help settle the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) answer to the Grievance Review Request Form grievance together with the supporting reasons therefore. Copies shall be given to the grievant, the Association and to the Superintendent within four three (43) days after the meeting. 9.4.3 Step 3 2. Level Two If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievant, then the grievantLevel One, or the Association acting on his behalf, may refer the grievance to the Superintendent if no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance decision has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision rendered within the time prescribed in Step three (3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is heldat Level One, the grievant or Association may appeal to the Principal of the building (or his/her designee) in which the grievance is alleged to have occurred. The appeal must be in writing and must include the original written grievance to the supervisor, a copy of the supervisor's written response, and statement why the response does not resolve the grievance within (5) days. The Principal (or his/her designee) shall thereafter schedule a meeting with the grievant, the Association, the supervisor, and the person or persons chosen by the grievant within five (5) days of receipt of the grievance. Within three (3) days after such meeting, the Principal shall issue a written decision, including the reasons upon which the decision was based, with copies furnished to the grievant, the Association, and the immediate supervisor. 3. Level Three If the Principal's (or his/her designee’s) response does not resolve the grievance, the grievant shall have five (5) school days in which to appeal in writing to the Superintendent. This appeal shall include copies of all written documents exchanged to the point of the Level Three appeal and a written statement of rationale as to why the Principal's response does not constitute resolution. The Superintendent shall have five (5) school days to schedule a meeting between the grievant and his/her Association representative and the Superintendent (or his/her designee). The Superintendent (or his/her designee) shall have ten (10) school days after the meeting to respond in writing. 4. Level Four Should the grievance still not be resolved at Level Three, the grievant shall have five (5) school days from delivery of the Superintendent's (or his/her designee’s) written response to appeal to the Board. This appeal shall be deemed withdrawnin writing, addressed to the secretary of the Board of Education and shall include all written documents exchanged through Level Three in addition to a statement of rationale detailing why the Superintendent's (or his/her designee’s) response does not constitute resolution. Within ten (10) school days, the Board of Education (or its designee(s)) will schedule a meeting between the Board (or its designee(s)) and the grievant and grievant's representative to hear argument and gather information from appropriate sources. Within ten (10) school days of the hearing or within five (5) school days of the next scheduled Board meeting following the hearing, whichever is later, the Board (or its designee(s)) shall respond in writing to the grievant and Association. 5. Level Five In the event the grievance is not resolved, the Association may, on behalf of the grievant, within fifteen (15) school days, submit the grievance to binding arbitration through the American Arbitration Association (AAA). The Board arbitrator shall meet within tenrule only on the alleged violation and shall have no power to alter the terms and/or conditions of this Agreement or the working conditions of ParaEducators covered by this Agreement. Each party shall bear 50% of the full cost of arbitration, except that each party shall bear full cost for any transcripts of the proceeding it requests.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Negotiated Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made to resolve grievances The ▇▇▇▇▇▇ Education Association designates the Association President or potential his/her designee as the local agent responsible for processing grievances through free and informal communications between the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the grievance, the grievant may proceed to Step 2Level Three. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt 1. LEVEL ONE – A member – group of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievantmembers, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meetingbelieving that there has been a violation shall, within ten (10) school days after of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussion, the grievant shall express the grievance has been referred to himin writing and process in accordance with Level Two. 2. Both the 9.4.4 Step 4 LEVEL TWO - If the grievant meeting is not satisfied with the disposition of his grievance at Step 3 or if school principal and the Superintendent has parties cannot provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is heldagree, the grievance shall promptly be deemed withdrawntransmitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied by the Superintendent, either upon review of the action of the school principal or in the first instance, the Superintendent shall answer the grievance in writing and the grievance with the answer shall be transmitted to the Association. 3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties. a. The arbitrator shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the Arbitration hearing. The Board and Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction where such award does not conflict with or deny the powers and duties of the Board granted by Legislative Act. b. If any ancillary staff member for whom a grievance is sustained shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, the arbitrator will have authority to reinstate the ancillary staff member, with full reimbursement for all compensation lost. The costs of any arbitration under this article shall be shared equally by the Board and the Association. c. It is expressly understood that the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Act. d. It is understood that the time limits are maximum and can be extended with the written mutual consent of both parties. Both parties should be encouraged to process a grievance as rapidly as possible and within the limits and procedure as set forth herein. If the administration at any step fails to respond in a timely manner, the grievance will be considered denied and may be moved to the next level. Failure of the grievant to meet within tenany time limits will result in the grievance being considered as withdrawn. e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use his/her best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. If the grievance is processed to arbitration, the parties may submit the grievance to expedited arbitration under the rules of the American Arbitration Association.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Procedures. 9.4.1 Step 1 Every effort shall The following procedures are to be made followed: 1. The grievant will make the written complaint to resolve grievances or potential grievances a building representative from the Grievance Committee. A building representative will, through free and informal communications between communications, attempt to resolve the problem. This would take place during the five (5) business day period before the grievance proceeds to step two. 2. The grievant and his immediate administrative supervisor. However, if such informal processes fail and/or representative from the Grievance Committee will make a written complaint to provide an acceptable adjustment the principal within five (5) business days of the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, 3. If the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with principal does not produce a written response within five (Appendix 5) business days, the grievance will proceed to step four. If grievant and the Grievance Review Request Form within four principal both agree, more time may be allowed to reach a solution (4) days after the meetingmaximum of 5 extra days, for a total of 10 days). 9.4.3 Step 3 4. If no written response has been received after five (5) business days from the grievance principal, or the proposed solution is not adjusted at Step 2 acceptable to the satisfaction of the grievant, then the grievantgrievant and/or representative from the Grievance Committee, will present the written grievance to the Superintendent. 5. If no proposed solution has been received after five (5) business days from five days from the Superintendent’s receipt of the grievance from the Superintendent, or the Association acting on his behalfproposed solution is not acceptable to the grievant, may refer then the grievant and/or representative from the Grievance Committee, will present the written grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is heldSchool Board. The grievant, principal, grievance committee and Superintendent shall arrange will present all pertinent information and documents relating to meet with the issue to the School Board at the next scheduled Board meeting during executive session. During this session, the Board, the grievant and the Grievance Committee will discuss the problem. 6. The Board, at the next regular meeting, or duly called meeting, will take the matter under advisement and will respond with representatives of the Associationa solution, unless the Association or the employee waives its right to have representatives attend the meetingin written form, within ten (10) days after the grievance has been referred to himbusiness days. 7. Both the 9.4.4 Step 4 If the grievant Grievant is not satisfied with the disposition response of his grievance his/her Grievance at Step 3 level #6 of this article, or if there is no response within ten (10) days, the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, Grievance may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with be referred to the Board is not delivered Chairperson or his/her designee. Thereafter, the Board Chairperson shall convene a panel consisting of three (3) persons; one (1) designated by the Board Chairman, one (1) designated by the Grievant, and one 91) agreed upon by the two (2) appointed members for the purpose of reviewing the Grievance. No member of the panel shall have an interest in the underlying allegation nor shall such individual be a family member (as defined in Sick Leave) of the Grievant. 8. At the next regularly scheduled Board Meeting, the Board Chairman shall report to the Superintendent with thirty (30) days after Board the meeting prescribed in Step 3 is held, findings of the grievance shall be deemed withdrawn. The Panel and the Board shall meet within tenwill address such findings in the official records of the District.

Appears in 2 contracts

Sources: Master Contract, Master Contract

Procedures. 9.4.1 Step 1 Every 7.3.1 The number of days indicated at each level of this procedure shall be considered maximum and every effort shall be made to resolve grievances expedite the process. 7.3.2 Grievance proceedings shall not be conducted in accordance with the rules of civil procedure. 7.3.3 If the College fails to comply in writing or potential grievances through free and informal communications between the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment with its time limit requirements as set forth under any of the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is heldprocedure steps, the grievance shall be deemed withdrawnconsidered automatically appealed to the next level of the procedure. 7.3.4 If the grievant fails to comply with the grievant’s time limit requirements, as set forth under any of the procedure’s steps, the grievance shall be considered null and void. 7.3.5 The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties. 7.3.6 A grievance shall not be considered unless the grievant initiates the grievance no later than twenty 20 days after the grievant knew or reasonably should have known of the alleged violation that precipitated the grievance. 7.3.7 No reprisal or retaliation shall be taken against any person who participates in this procedure. 7.3.8 A grievant may be accompanied and represented by one Union representative and the charged-party may be represented by a person of the charged-party’s choice at any hearing or meeting conducted under this procedure. 7.3.9 An employee, acting individually, may present a grievance without the intervention of the Union, provided the grievance has been processed in accordance with this procedure. The Board grievant shall meet within tenbe responsible for notifying the Union in writing that a grievance is being filed. At any hearing or meeting related to a grievance brought individually by an employee, the Union shall be notified by the grievant of the hearing in advance and afforded the opportunity to be present and make its views known. Any adjustment made shall be consistent with the provisions of this Agreement. 7.3.10 All documents related to a grievance shall be maintained in a separate grievance file. This provision does not include disciplinary actions and/or documents that are the subject of a grievance. 7.3.11 Grievances shall be processed at times other than during an employee’s scheduled class time or times when there is a school or department meeting or an Academic Affairs or College-wide meeting where attendance is mandatory. 7.3.12 All decisions shall be submitted in writing at each step of the grievance procedure and the decision shall be submitted to both the grievant and the Union. 7.3.13 Grievances shall be filed on forms provided by the College – and shall be attached hereto. 7.3.14 The parties shall maintain confidentiality for all grievance proceedings and for documents required by law to be kept confidential. If a grievant or the Union violates this provision, this action will be a waiver by the grievant or Union of any confidentiality right the grievant may have that is related to the grievance. 7.3.15 The parties to a grievance may mutually agree to toll the procedure’s time limits in accordance with sub-paragraph 7.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties hereto acknowledge that it is usually most desirable for a teacher and his/her building principal to resolve grievances or potential grievances problems through free and informal communications between the grievant and his immediate administrative supervisorcommunications. However, if such the informal processes fail process fails to provide an acceptable adjustment satisfy the teacher, a grievance shall be processed as follows: A. Step One: The teacher shall present the grievance in writing to his/her building principal within ten days of the teacher’s knowledge of the alleged occurrence. The written grievance shall specify the term or terms of this Agreement which have allegedly been violated. The principal will arrange for a meeting with the grievant to take place within ten days after receipt of the written grievance. If possible, the meeting shall not take place during assigned duties. The grievant shall be present at the meeting with the principal, unless the grievant waives his/her right to be present in writing. Within ten days of the meeting, the grievant may proceed to Step 2shall be provided with the principal’s written response. 9.4.2 B. Step 2 The grievant or, at his request, Two: If the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) grievance is not resolved satisfactorily to the grievant's immediate administrative supervisor who grievant at Step One, then the grievant may appeal his/her grievance to the Superintendent within ten days after receipt of the above Step One answer. The Superintendent shall arrange with the grievant for a meeting to take place within four (4) ten days after of the Superintendent’s receipt of the formappeal. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, grievant shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted be present at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives Superintendent. If possible, the meeting shall not take place during assigned duties. Within ten days of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both thegrievant shall be provided with the Superintendent’s written response. 9.4.4 C. Step 4 Three: If the grievant is not satisfied with the disposition of his the grievance at Step 3 or if Two, the Superintendent has not provided a written decision within grievant may submit the time prescribed in Step 3, then the grievant, grievance to final and binding arbitration to an arbitrator mutually agreed upon or the Association acting on his behalfAmerican Arbitration Association, may request a meeting with which shall act as the Board. Upon mutual agreement administrator of both parties, Step 4 would occurthe proceedings. If a request demand for a meeting with the Board arbitration is not delivered to so filed within ten days of the Superintendent with thirty (30) days after date for the meeting prescribed in above Step 3 is heldTwo answer, then the grievance shall be deemed withdrawn. The Board shall meet within ten.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every 1) The number of days indicated at each level should be considered as maximum and every effort shall should be made to resolve grievances expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present. 2) Hearing shall be held after normal school hours. 3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways: a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf. b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present. c) In the event that steps “a” or potential grievances through free “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and informal communications one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and his immediate administrative supervisorthe Association. HoweverIf the grievance is not settled at Level Two, if such informal processes fail to provide an acceptable adjustment of the grievanceit may, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form within five (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (45) days after receipt of the form. The grievant, his immediate supervisor, Level Two decision by the grievant and a representative of the Association, unless be appealed to the Association waives its right to have its representative presentBoard by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor Superintendent shall provide promptly notify the grievant and recognized employee organization with a the Association of the date, time, and place where such appeal will be heard. The Board’s written response (Appendix 5) decision shall be transmitted to the Grievance Review Request Form grievant and the Association within four seven (47) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction hearing. Within five (5) days of receipt of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance decision at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is heldLevel Three, the grievance may be submitted to arbitration. a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. b) The Board and the Association agree that neither party shall be deemed withdrawn. The Board shall meet within tenpermitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.

Appears in 2 contracts

Sources: Master Contract, Master Contract

Procedures. 9.4.1 Step 1 Every effort A member(s) of the bargaining unit with an alleged grievance may initiate the grievance procedure in one (1) of the ways listed at LEVEL I. LEVEL I: 1. He/she may approach the administrator immediately concerned and discuss the matter on his/her own behalf. 2. He/she may request that a representative of the Association accompany him/her in approaching the administrator, and the Association representative may speak on behalf of the grievant if desired. The administrator shall not initiate any consultation with the grievant prior to the scheduled meeting at which the Association representative may be made present. 3. The above grievance need not be in writing and will remain confidential. 4. If the grievance is not resolved within five (5) days of the informal claim at LEVEL I, the grievant may request the Association Grievance Committee to resolve grievances or potential grievances through free and informal communications between continue with the grievance. If the committee agrees, the Association becomes the grievant and his immediate administrative supervisorwill continue with the grievance by proceeding to Level II. However, if such informal processes fail no grievance shall proceed to provide Level II unless it is an acceptable adjustment Association grievance. If the committee decides not to proceed with the grievance, the grievance will be withdrawn without prejudice or record. LEVEL II: 1. The grievant shall within five (5) days submit copies of the grievance in writing to the immediate administrator/supervisor. 2. Within five (5) days of the receipt of the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The administrator/supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives grievant. 3. Within five (5) days of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the immediate administrator/supervisor shall write a disposition of the grievance has been referred and return a copy to himthe grievant (Association), the grieving employee, and the Superintendent. 4. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his the grievance at Step 3 or if LEVEL II, the Superintendent has not provided a written decision grievant may pursue the grievance further by proceeding to LEVEL III. LEVEL III: 1. The grievant shall within ten (10) days of the time prescribed disposition at LEVEL II, submit the grievance in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered writing to the Superintendent or his/her designee. 2. Within ten (10) days of the receipt of the written grievance, the Superintendent or his/her designee shall meet with thirty the grievant. 3. Within ten (3010) days of this meeting, the superintendent or his/her designee shall write a disposition of the grievance and forward copies to the grievant (Association), the grieving employee, and the immediate administrator/supervisor. 4. If the grievant is not satisfied with the disposition of the grievance at LEVEL III, the grievant may pursue the grievance further by proceeding to LEVEL IV. LEVEL IV. 1. The Association shall notify the Superintendent by certified mail, with return receipt requested, within ten (10) days after receipt of the meeting prescribed in Step 3 is heldLEVEL III disposition that it intends to submit the grievance to arbitration. 2. Within ten (10) days following the receipt of the written request for arbitration, the superintendent or designee and the Association or representative shall mutually petition the American Arbitration Association (AAA) to provide both parties with a list of seven (7) names from which an arbitrator will be selected by the alternate strike method and notified in accordance with the rules of the AAA. a. A second list of seven (7) names may be requested by either party. b. The toss of a coin shall determine who strikes first. 3. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules and regulations of the AAA. 4. The arbitrator shall hold the necessary hearing promptly and issue a decision within such time as may be agreed upon by the parties involved. 5. The decision shall be deemed withdrawnin writing and a copy sent to all parties present at the hearing. 6. The decision of the arbitrator shall be binding on the Board and the Association. The arbitrator shall meet within tenhave no authority to alter, add, or subtract from terms and conditions of this agreement. 7. The costs of the arbitrator shall be shared equally by the Association and the Board.

Appears in 2 contracts

Sources: Negotiated Agreement, Negotiated Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made Parties hereto acknowledge that it is usually most desirable for an employee and the immediately involved supervisor to resolve grievances or potential grievances problems through free and informal communications between the grievant and his immediate administrative supervisorcommunications. HoweverIf, if however, such informal processes fail to satisfy the teacher, a grievance may be processed as follows: A. The grievant shall present the grievance in writing within twenty-two (22) days of occurrence of the event giving rise to the grievance, (or within 22 days from the date the teacher has knowledge of the event giving rise to the grievance), specifying the article and clause alleged to have been violated and stating the remedy sought to the Principal. The Principal shall provide an acceptable adjustment a written answer to the grievance of the aggrieved teacher with ten (10) days after the receipt of the grievance. B. If the grievance is not resolved at Step A, the grievant aggrieved may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, refer the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) grievance to the grievant's immediate administrative supervisor who Superintendent or official designee within ten (10) days after the receipt of the Step A answer. The Superintendent shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after of the grievance has been referred to himreceipt of the appeal. Both theWithin ten (10) days of the meeting, the grievant shall be provided with the Superintendent’s written response. 9.4.4 Step 4 C. If the grievant is not satisfied with the answer at Step B, the grievant may submit the grievance to the Board of Education within ten (10) days to be discussed at the next regular Board meeting. Within ten (10) days of the meeting, the grievant shall be provided with the Board’s written response, including the reasons for the Boards’ decision. a. The grievant may request a closed hearing. b. Neither the Board not the Grievant shall be permitted to assert any grounds or evidence, which was not disclosed to the other part forty-eight (48) hours previously. c. If the Association is not satisfied with the disposition of his the grievance at Step 3 C, or if the Superintendent has time limits expire without the issuance of the Board’s written reply, the Association my submit the grievance to final and binding arbitration under the Voluntary Arbitration Rules of the American Arbitration Association, which shall act as administrator of the proceedings. i. The arbitrator, in to the provisions of this Agreement. His authority shall be strictly limited to deciding only the issues presented to him in writing by the School District and the Association, and his decision must be based solely upon his interpretation of the meaning or application of the express relevant language of the Agreement this opinion, shall not provided amend, modify, nullify, ignore, or add. ii. Each party shall bear the full costs for its representation in the grievance procedure. iii. If either party requests a written transcript of the proceedings, that party shall bear the full costs for that transcript. If both parties order a transcript, the cost of the two (2) transcripts shall be divided equally between the Board and the Association. iv. Each party shall share equally the cost of the arbitrator and A.A.A. ▇. ▇▇▇▇▇▇▇ of the teacher or the Association to act on a grievance within the prescribed time limits will bar any further appeal. An Administrator’s failure to give a decision within the time prescribed in Step 3limits shall permit the grievance to proceed to the next step. B. Any investigation, then handling or processing of any grievance by the grievant, grievant shall be conducted so that the instructional programs and related work activities of the grievant or the teaching staff shall not be interrupted. C. Step A of the grievance procedure may be bypassed and the grievance brought directly to Step B if mutually agreed upon by the employee and the Superintendent. D. Class grievances involving one (1) or more teachers or one (1) or more supervisors and grievances involving administrators above the building level may be initially filed by the Association acting on his behalfat Step B. E. The Board acknowledges the right of the teachers to have a local Association representative present, may request a meeting with if the Boardgrievant requests one, at Step A and B, and any Association representative, if the grievant requests on, at Step C. No teacher shall be required to discuss any grievance if the Association representative is not present, if one is requested. ▇. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with ▇▇ reprisals shall be taken by the Board is not delivered to or Administration against a teacher because of his/her participation in a grievance. G. With the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is heldSuperintendent’s approval, the grievance shall Grievant and the local representative may be deemed withdrawn. The Board shall meet within tenreleased from his/her assignment with loss of pay or benefits to attend meetings specified in Section 10.2.

Appears in 2 contracts

Sources: Teacher Contract, Teacher Contract

Procedures. 9.4.1 Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays." Step 1 Every effort 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If the employee chooses, the employee may be made to resolve grievances accompanied by the ship’s Union delegate when at sea or potential grievances through free by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and informal communications between must contain: a. Identity and title of the grievant employee; b. Declaration or waiver of Union representation; c. Specification of Article, Section, and his immediate administrative supervisor. Howeversubsection of this Agreement, if such informal processes fail to provide an acceptable adjustment or law, rule, or regulation on which grievance is based; d. A description of the grievance; and e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the grievant decision may proceed to be modified by the Employer at subsequent steps in the grievance procedure. Step 2. 9.4.2 Step 2 The grievant or, at his request. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the Association on his behalfemployee must within fourteen (14) days of receipt of the decision in Step 1, may submit an executed Grievance Review Request Form (Appendix 4) the grievance in writing to the grievantCommanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's immediate administrative supervisor who shall arrange for Union delegate that a meeting grievance has been received and invite the delegate to take place within four be present during adjustment decision of the grievance. Within fourteen (414) days after receipt of the form. The grievantemployee's written grievance, his immediate supervisor, the Commanding Officer/Master will adjudicate the grievance and a representative will inform the employee orally and in writing of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meetingdecision. 9.4.3 Step 3 3. If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed adjudication in Step 32 and elects to pursue the grievance further, then within fourteen (14) days of receipt of the grievantdecision in Step 2, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty later than fourteen (3014) days after return to home port, submit the meeting prescribed in Step 3 is heldformal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the grievance CO of the Marine Center shall be deemed withdrawninform the employee in writing of the decision. The Board shall meet If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within tenseven (7) days of the date of receipt.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. 9.4.1 (a) Step 1 Every One - (Informal): A teacher with a grievance shall generally first discuss his complaint with his principal or immediate superior by: (1). Expressing his or her complaint directly to his or her principal or immediate superior, or (2). Requesting his or her education association representative to express his or her complaint to his or her principal or immediate superior for him or her, or (3). Appearing together with his or her education association representative before his or her principal or immediate superior for the purpose of expressing said complaint. If the complaint refers to the application or interpretation of personnel policies, rules, regulations; or an administrative decision, the principal or appropriate superior shall give the education association representative an opportunity to state the views of the association. Within five days, the principal or appropriate superior shall communicate his or her views to the aggrieved, to his or her representative (if any), and to any participating education association representative. Before resolving the complaint, the principal or the appropriate superior may consult the next higher level of administration for an opinion. If the aggrieved is not satisfied, he or she may then take or request that the complaint be taken to an appropriate higher level or administration or appropriate higher level of his or her education association. At any point in the above procedure the aggrieved teacher, the principal or appropriate superior, or the education association representative may request that the complaint under consideration be referred to a fact-finding committee and thus proceed directly to the more formal machinery set forth in Step Two of this grievance procedure. (b) Step Two - (Formal): On proper written notice, the Association’s fact-finding committee, hereafter referred to as the “Grievance Committee”, shall within five (5) days transmit the complaint to the Superintendent. The Superintendent or his or her designated representative shall then work with the Grievance Committee in a full good faith effort to seek an equitable solution. A written copy of the proceedings of all meetings held concerning a given complaint under this step shall be made furnished to resolve grievances the aggrieved teacher, to the Superintendent or potential grievances through free and informal communications between the grievant and his immediate administrative supervisor. Howeveror her representative, if such informal processes fail to provide an acceptable adjustment each member of the grievanceGrievance Committee, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) and to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative president of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form parties involved must resolve any complaint under consideration within four (4) ten days after the meetingGrievance Committee has transmitted the complaint to the Superintendent. 9.4.3 (c) Step 3 Three - (Formal): If the grievance a solution acceptable to all parties concerned is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) reached within ten days after the meeting prescribed Grievance Committee has transmitted the complaint to the teacher, the Superintendent or the Grievance Committee may institute binding grievance arbitration by so requesting in Step 2 is held. The Superintendent shall arrange writing to meet with the grievant School Board and with representatives the elected officers of the Association. Within ten days after receiving a written request for binding grievance arbitration the School Board and the Association’s elected officers shall appoint a mutually acceptable neutral third party, free from influence by the parties involved as an arbitrator. Within ten days after his or her appointment, the arbitrator shall examine the complaint, consider the opinions of all parties concerned, interpret the school policy in question, and submit his or her written recommendation to the school and the elected officers of the Association for official confirmation. The arbitrator’s recommendation shall be considered to be binding on all parties concerned unless the Association or the employee waives its right School Board is advised that it’s legal discretion to have representatives attend the meeting, within ten (10) days after the grievance decide has been referred to himviolated. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition The costs of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance arbitration shall be deemed withdrawn. The born equally by the School Board shall meet within tenand the Association.

Appears in 2 contracts

Sources: Negotiated Agreement, Negotiated Agreement

Procedures. 9.4.1 Step #1 Every reasonable effort shall be made to resolve grievances any potential grievance through informal discussion with the immediate supervisor and/or administrator whose determination or potential grievances through free and informal communications between the grievant and his immediate administrative supervisorconduct is in question. However, if If such informal processes fail discussion shall not resolve the issue and a formal grievance shall thereafter be filed, such discussion including any efforts to provide an acceptable adjustment compromise the issue shall be treated in a confidential manner. Step #2 — If the grievance cannot be resolved informally, the aggrieved may file the grievance in writing with his/her principal. The Step #3 — In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved employee shall file, within seven (7) days, of the grievanceprincipal's written decision or answer at the second step, a copy of the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, grievance with the Association on his behalf, may submit an executed Grievance Review Request Form Superintendent. Within seven (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (47) days after receipt of such written grievance is filed, the form. The grievantaggrieved, his immediate supervisor, and a representative of the Associationaggrieved as desired, unless the Association waives its right to have its representative presentprincipal and the Superintendent or his designee, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute meet to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of resolve the grievance. The supervisor Superintendent or his designee shall provide file an answer within seven (7) days of the grievant third step grievance meeting and recognized employee organization with a written response (Appendix 5) communicate it in writing to the Grievance Review Request Form within four (4) days after employee, the meeting. 9.4.3 principal, and the Association. Step 3 #4 — If the grievance is not adjusted at Step 2 to the satisfaction of the grievantresolved satisfactorily, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a arbitration by giving written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered notice to the Superintendent with thirty within fifteen (3015) days after of the meeting prescribed in Step #3 is held, the grievance answer. The arbitrator shall be deemed withdrawnselected from panel(s) to be secured from the American Arbitration Association which shall act as administrator of the proceedings. The Board parties may by mutual agreement submit more than one grievance to the same arbitrator. The arbitrator shall meet within tenhave no right or authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of this agreement. The arbitrator’s decision must be based solely upon his/her interpretation of the meaning or application of the express relevant provision of this Agreement. The arbitrator's decision shall be binding.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 In general--The adjustment of grievances shall be accomplished as rapidly as is possible. To that end, the number of days within which each step is prescribed to be accomplished shall be considered as maximum and every effort shall be made to expedite the process. Under unusual circumstances the time limits prescribed in this statement may be extended or reduced by mutual consent of the grievant and the person or persons by whom his grievance is being considered. Initial private conference: A grievant shall first take up his/her grievance with the principal or immediate administrative superior in private informal conferences. Every effort shall be made to resolve grievances adjust the grievance in an informal manner. Level 1: If the employee is dissatisfied with the outcome of the initial private conferences, he/she may request a formal conference with his/her principal or potential grievances through free and informal communications between the grievant and his immediate administrative supervisor. However, if such informal processes fail Every effort should be made to provide develop an acceptable adjustment of the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and the issues in order to create a climate which will lead to a solution. The formal conference shall occur within ten (10) school days of the last informal conference. Level 2: In the event that the aggrieved person is not satisfied with the disposition of his/her grievance at Level 1, or otherwise contribute to an acceptable adjustment in the event that no decision is reached within five (5) school days after the presentation of the grievance, he/she may appeal the matter in writing to the Superintendent of Schools with the notice to the Board of Education. The supervisor shall provide If the grievant and recognized employee organization does appeal the grievance to the Superintendent, the Superintendent or his designated representative, shall confer with the grievant in an effort to arrive at a written response satisfactory solution within five (Appendix 5) to the Grievance Review Request Form within four (4) school days after the meetingappeal has been received by the Superintendent. If the grievant does not appeal the grievance to the Superintendent within twenty (20) school days after the formal conference at Level 1, the appeal of the grievance shall automatically be waived. 9.4.3 Step 3 Level 3: If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent if no later than eight (8) days after the meeting prescribed in Step 2 decision is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, made thereon within ten (10) school days after the date the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied was filed with the disposition of his grievance at Step 3 Superintendent or if the Superintendent has not provided a written decision within the time prescribed in Step 3his/her designated representative under Level 2, then the grievant, or grievant may appeal the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with grievance to the Board is not delivered of Education for the purpose of final adjustment of the grievance by submitting a written request to final adjustment of the grievance by submitting a written request to the Superintendent with thirty Clerk of the Board of Education within ten (3010) school days after the meeting prescribed in Step 3 is heldSuperintendent, or his/her designated representative, has rendered a decision, or after the grievance shall be deemed withdrawn. The Board shall meet within expiration of said ten

Appears in 2 contracts

Sources: Joint Agreement, Joint Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties acknowledge that it is usually most desirable for an employee and the employee’s immediate supervisor to resolve grievances or potential grievances problems through informal and free communications. If, however, the informal process fails to satisfy the employee, a grievance may be processed in the following manner and informal communications between the grievant and his may be accompanied by a representative of choice. The employee and/or the Association shall file the grievance in writing with the immediate administrative supervisor, who shall certify by signature the date the grievance was received. However, if such informal processes fail to provide an acceptable adjustment The written grievance shall state the nature of the grievance, shall note the grievant may proceed to Step 2. 9.4.2 Step 2 Article and Paragraph of the agreement which are applicable, and shall state the remedy requested. The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place with the grievant within four ten (410) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide make a decision and communicate it in writing to the grievant and recognized employee organization with a written response the Superintendent within five (Appendix 5) to the Grievance Review Request Form within four (4) days after of the meeting. 9.4.3 . In the event a grievance has not been satisfactorily resolved at Step 3 If One, the grievant and/or the Association may present the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after to the Superintendent who will follow the same provisions as established in Step One. If the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance satisfactorily resolved at Step 3 or if Two, the Association may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association, and shall provide the Superintendent has not provided with a written decision within copy of the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occurrequest. If a request demand for a meeting with the Board binding arbitration is not delivered to the Superintendent with filed within thirty (30) days after of receipt of the meeting prescribed in Step 3 is heldTwo decision, then the grievance shall be deemed withdrawn. Arbitration proceedings shall be conducted by an arbitrator to be selected by the two (2) parties from a roster of arbitrators provided by the American Arbitration Association. Within seven (7) days after the Association requests binding arbitration, the two (2) parties will request the American Arbitration Association to provide a panel of seven (7) arbitrators. Each of the two (2) parties will alternately strike one (1) name at a time from the panel until only one (1) name shall remain. The remaining name shall be the arbitrator. Expenses for the arbitrator’s services shall be borne equally by the District and the Association. The decision of the arbitrator shall be final and binding on the parties. The arbitrator, in his opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. The arbitrator’s authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the District and the Association, and his decision must be based solely upon his interpretation of the meaning or application of the express relevant language of the Agreement. The Board and the Association shall meet within tennot be permitted to assert in such arbitration proceedings any grounds or to rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and binding. The Board and the Association shall share equally the cost of the arbitrator.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort In the event an adjunct faculty member or group of adjunct faculty members believes there is a basis for a grievance: 1. The party or parties involved shall be made to resolve grievances informally discuss the grievance with the division ▇▇▇▇ or potential grievances designee. 2. If the grievance is not resolved through free and informal communications between discussion, the grievant and his immediate administrative supervisormay invoke the formal grievance procedure by filing a signed written statement of the grievance with the Vice President for Academic Affairs within twenty-one (21) working days of its occurrence (or of the date when the adjunct faculty member or Federation became aware or should reasonably have become aware of the matter). However, if such informal processes fail to provide an acceptable adjustment This initiates Grievance Level One. 3. Within ten (10) working days of the filing of the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form Vice President for Academic Affairs (Appendix 4or designee) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of his/her Federation representative in an effort to resolve the Association, unless grievance. The Vice President for Academic Affairs (or designee) shall issue to the Association or grievant and his/her Federation representative a decision in writing on the employee waives its right to have representatives attend the meeting, grievance within ten (10) working days after of the grievance has been referred to himmeeting. 4. Both the 9.4.4 Step 4 If the grievant Federation is not satisfied with the disposition of his the grievance at Step 3 by the Vice President for Academic Affairs (or designee), or if no disposition is made within the Superintendent has time limits in Level One, the Federation shall transmit the grievance to the President by filing a written copy thereof within ten (10) working days from the receipt of the decision (or of the failure to decide) of the Vice President for Academic Affairs. This initiates grievance Level Two. 5. The President shall have the option to meet (or designate another college official to meet) with the grievant and his/her Federation representative. The President (or designee) shall issue a decision on the grievance within fifteen (15) working days. If the grievance is denied, the President (or designee) shall state the reasons for doing so. 6. If the Federation is not provided satisfied with the disposition of the grievance by the President, the grievance* may be submitted to arbitration within ten (10) working days from the date of receipt of the President’s decision. To initiate arbitration, the Federation shall send a certified letter to the NJ Public Employment Relations Commission with a copy to the College President.  No grievance concerning reappointment, promotion, or any grievance unrelated to this Agreement may be advanced to arbitration. Decisions of the arbitrator with respect to grievances based on alleged misapplications, misinterpretations or violations of contract provisions dealing with professional responsibilities, workload or work assignments shall be advisory. Decisions of the arbitrator with respect to all other grievances shall be binding. 7. The arbitrator shall submit a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) calendar days after of the meeting prescribed in Step 3 is heldhearing. The arbitrator shall have no power to alter, modify, add to or subtract from the grievance provisions of the agreement; his/her authority shall be deemed withdrawnlimited to deciding the disposition of an alleged violation of the express written terms of this Agreement. The arbitrator’s fees and expenses shall be shared equally by the Board shall meet within tenand the Federation.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort The parties acknowledge that it is usually most desirable for an employee and his immediately involved supervisor to resolve problems through free and informal communications. An attempt shall be made to resolve grievances any grievance informally, through verbal discussion between the complainant and his immediate supervisor or potential grievances through free other administrator having direct jurisdiction over the problem. When requested by the employee, a representative may accompany the employee to assist the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed as follows: Step 1: The employee or the Association shall present the grievance in writing on the required form to the immediately involved supervisor [a copy is in Appendix A]. The immediately involved supervisor shall arrange a meeting to take place within five (5) days after the receipt of the grievance. The grievant, his or her representative, the immediately involved supervisor, and informal communications between a district representative shall be present for the meeting. Within five (5) days of the meeting, the grievant and his immediate administrative the Association shall be provided with the supervisor. However’s written response on the required form, if such informal processes fail including the reasons for the decision. Step 2: If the grievance is not resolved to provide an acceptable adjustment the satisfaction of the grievancegrievant at Step 1, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, refer the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) grievance to the grievant's immediate administrative supervisor who Director of Schools within five (5) days after the receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director shall arrange for a meeting to take place within four five (45) days after davs of the Director’s receipt of the formappeal. The grievant, his immediate supervisor, and a representative of Each party shall have the Association, unless the Association waives its right to have include in its representative present, shall attend the meetingrepresentation such witnesses and counselors as it deems necessary. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response Within ten (Appendix 510) to the Grievance Review Request Form within four (4) days davs after the meeting, the grievant shall be provided with the Director’s written response, including the reasons for the decision. 9.4.3 Step 3 3: If the grievance is not adjusted resolved at Step 2 to or the satisfaction time limits expire without the issuance of the grievantDirector’s written reply, then the grievant, or grievant may request a review by the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight Board of Education within seven (8) 7) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with employee receives the grievant and with representatives of the Association, unless the Association written decision or the employee waives its right to have representatives attend the meeting, within ten (10) days after the time limits for Step 2 have expired. This request shall be made in writing through the Director of Schools, who shall attach all related documents and forward the request to each member of the Board. The board, with counsel, shall review the grievance has been referred at a closed work session with the employee and representation. The Board shall render a decision in writing within ten (10) days of the grievance review. Copies of the decision of the Board of Education shall be sent to him. Both thethe aggrieved employee, to the Director of Schools, and to the Association. 9.4.4 Step 4 4: If the grievant is not satisfied with the disposition of his the grievance at Step 3 4 or if the Superintendent has not provided a written decision within the time prescribed in Step 3limits expire without the issuance of the Board’s written reply, then the grievantgrievant may submit the grievance to an arbitrator selected from a list provided by the American Arbitration Association (AAA). Adopted by the Claiborne County Board of Education, or the Association acting on his behalf, may arbitration request a meeting and arbitrator selection shall comply with the BoardLabor Arbitration Rules of the AAA. Upon mutual agreement The Board and grievant shall share the fees and expenses of both partiesarbitration equally. The decision of the arbitrator shall be advisor only, Step 4 would occur. If but will be adopted unless specifically rejected by a request for a meeting with majority of the total membership of the Board is not delivered to the Superintendent with within thirty (30) days after of receipt or the meeting prescribed in Step 3 is heldscheduling of a regular board meeting, whichever occurs first. Notification of rejection or adoption must be written, stating the grievance shall be deemed withdrawn. The Board shall meet within tendate of consideration and the vote of the Board.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

Procedures. 9.4.1 Step 1 Every 17.3.1 The number of days indicated at each level of this procedure shall be considered maximum and every effort shall be made to resolve grievances expedite the process. 17.3.2 Grievance proceedings shall be kept informal at all levels of this procedure. 17.3.3 If the College fails to comply in writing or potential grievances through free and informal communications between with its time limit requirements as set forth under any of the procedure steps, the grievance shall be considered automatically appealed to the next level of the procedure. 17.3.4 If the grievant and his immediate administrative supervisor. However, if such informal processes fail fails to provide an acceptable adjustment comply with the grievant’s time limit requirements as set forth under any of the grievanceprocedure’s steps, the grievant may proceed to Step 2grievance shall be considered null and void. 9.4.2 Step 2 17.3.5 The grievant or, at his request, time limits set forth herein may be extended provided the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to extension has been mutually agreed upon in writing by the grievant's immediate administrative supervisor who parties. 17.3.6 A grievance shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, not be considered unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If initiates the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievant knew or reasonably should have known of the action which precipitated the grievance and contains, at a minimum, what contractual provision(s) of this collective bargaining agreement is alleged to have been violated, the facts constituting the alleged violation, the date of the incident giving rise to the grievance and the relief requested. 17.3.7 No reprisal or retaliation shall be taken against any person who participates in this procedure. 17.3.8 A grievant may be accompanied and represented by the Union and the charged party may be represented by a person of the party’s choice at any hearing or meeting conducted under this procedure. 17.3.9 The parties agree to make good faith efforts to exchange information in order to expedite the process. 17.3.10 An employee, acting individually, may present a grievance without the intervention of the Union provided the grievance has been referred processed in accordance with this procedure. The grievant shall be responsible for notifying the Union in writing that a grievance is being filed. At any hearing or meeting related to him. Both the 9.4.4 Step 4 If a grievance brought individually by an employee, the Union shall be notified by the grievant is not satisfied of the hearing in advance and afforded the opportunity to be present and make its views known. Any adjustment made shall be consistent with the disposition provisions of his this Agreement. 17.3.11 If a grievance affects a group of two or more employees or involves a decision or action by the College which has a departmental or College- wide impact, the Union may submit the grievance on behalf of the affected employees at Level 2 of this procedure. The parties may submit this grievance at Step 3 or Level 1 if the Superintendent has not provided affected employees have the same supervisor. 17.3.12 All documents related to a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance shall be deemed withdrawnmaintained in a separate grievance file. This provision does not include disciplinary actions and/or documents that are the subject of a grievance. 17.3.13 Unless otherwise agreed to by the parties, grievances shall be processed at times other than during scheduled workload hours. 17.3.14 Except for informal decisions at ▇▇▇▇▇ ▇, all decisions shall be submitted in writing at each step of the grievance procedure and the decision shall be submitted to both the grievant and the Union. 17.3.15 Grievances shall be filed on forms approved by the parties. 17.3.16 The Board parties shall meet within tenmaintain confidentiality for all grievance proceedings and for documents required by law to be kept confidential.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made When requested by the employee, an Association representative (BEEA member) may accompany the employee to assist in the resolution of the grievance. The parties hereto acknowledge that it is most desirable for an employee and the employee’s immediate supervisor to resolve grievances or potential grievances problems through free and informal communications between the grievant and his immediate administrative supervisorcommunication. HoweverIf, if such informal processes fail to provide an acceptable adjustment of the grievancehowever, the grievant informal process fails to satisfy the grievant, a grievance may proceed to Step 2be processed as follows. 9.4.2 Step 2 STEP 1: The grievant or, at his request, shall present the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) grievance in writing using the appropriate form to the grievant's immediate administrative supervisor immediately involved supervisor, who shall will arrange for a meeting to take place within four (4) days after the receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The grievant and the immediately involved supervisor shall provide be present for the meeting, at the request of the grievant; an Association representative may be present. Within two (2) days of the meeting, the grievant and recognized employee organization shall be provided with a the supervisor’s written response (Appendix 5) to response, including reasons for the Grievance Review Request Form within four (4) days after the meetingdecision. 9.4.3 Step 3 STEP 2: If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievant1, then the grievant, or the Association acting on his behalf, grievant may refer the grievance to the Superintendent no later than or his official designee with in six (6) days after the receipt of the Step 1 answer or within eight (8) days after the meeting prescribed in Step 2 1 meeting, whichever is heldlater. The Superintendent shall arrange to meet with the grievant and with representatives and/or the Association representative for a meeting to take place within five (5) days of the Association, unless Superintendent’s receipt of the Association or appeal. Each party shall have the employee waives its right to have representatives attend include in its representation such witnesses and counselors as it deems necessary. Within four (4) days of the meeting, the grievant shall be provided with the Superintendent’s written response, including reasons for the decision. STEP 3: If the grievant is not satisfied with the grievance at Step 2, or the time limits expire without the issuance of the Superintendent’s written reply, the grievance may be submitted to the Board of Education. The Board may hear the grievance to Step 4. In the event that the Board decides to hear the grievance, the President of the Board shall arrange for a meeting to take place with the grievant and/or Association representative within ten twenty (1020) days after of the grievance has been referred receipt of the appeal. Each party shall have the right to himinclude in its representation such witnesses and counselors as it deems necessary to determine pertinent facts to the grievance. Both theUpon conclusion of the hearing, the President of the Board shall have eight (8) days in which to provide the written decision of the Board with reasons to the grievant. 9.4.4 Step 4 STEP 4: If the grievant is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with time limits expire without issuance of the Board. Upon mutual agreement of both parties’s written reply, Step 4 would occuror the Board chooses not to hear the grievance, the grievant and Association may submit the grievance to final and binding arbitration as provided in the ILLINOIS EDUCATIONAL LABOR RELATION ACT. If a request demand for a meeting with the Board arbitration is not delivered to the Superintendent with filed within thirty (30) days after of the meeting prescribed in date for the Step 3 is heldanswer, then the grievance shall be deemed withdrawn. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator, which was not previously disclosed to the other party. The Board arbitrator shall meet within tenhave no power to alter the terms of the Agreement.

Appears in 2 contracts

Sources: Master Contract, Master Contract

Procedures. 9.4.1 Step 1 Every effort shall be made to resolve grievances The ▇▇▇▇▇▇ Education Association designates the association President or potential his/her designee as the local agent responsible for processing grievances through free and informal communications between the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the grievance, the grievant may proceed to Step 2Level Three. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt 1. LEVEL ONE – A member – group of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievantmembers, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meetingbelieving that there has been a violation shall, within ten (10) school days after of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussion, the grievant shall express the grievance has been referred to himin writing and process in accordance with Level Two. 2. Both the 9.4.4 Step 4 LEVEL TWO - If the grievant meeting is not satisfied with the disposition of his grievance at Step 3 or if school principal and the Superintendent has parties cannot provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is heldagree, the grievance shall promptly be deemed withdrawntransmitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied by the Superintendent, either upon review of the action of the school principal or in the first instance, the Superintendent shall answer the grievance in writing and the grievance with the answer shall be transmitted to the Association. 3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties. a. The arbitrator shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the Arbitration hearing. The Board and Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction where such award does not conflict with or deny the powers and duties of the Board granted by Legislative Act. b. If any ancillary staff member for whom a grievance is sustained shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, the arbitrator will have authority to reinstate the ancillary staff member, with full reimbursement for all compensation lost. The costs of any arbitration under this article shall be shared equally by the Board and the Association. c. It is expressly understood that the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Act. d. It is understood that the time limits are maximum and can be extended with the written mutual consent of both parties. Both parties should be encouraged to process a grievance as rapidly as possible and within the limits and procedure as set forth herein. If the administration at any step fails to respond in a timely manner, the grievance will be considered denied and may be moved to the next level. Failure of the grievant to meet within tenany time limits will result in the grievance being considered as withdrawn. e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use his/her best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. If the grievance is processed to arbitration, the parties may submit the grievance to expedited arbitration under the rules of the American Arbitration Association.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Procedures. 9.4.1 Step 1 Every effort 1. The aggrieved person shall be made to resolve grievances or potential grievances through free and informal communications between discuss the grievant and his grievance informally with the immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form2. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant aggrieved person is not satisfied with the disposition of his the grievance, he/she shall, within five (5) school days, present the grievance at Step 3 or if in writing to the Superintendent. The submission to the Superintendent has shall contain a statement setting forth: (a) The nature of the grievance; (b) The nature and extent of the loss, injury or inconvenience, and the remedy requested; (c) With respect to building service staff, the results of previous discussions and the stated dissatisfaction with the decision previously rendered. 3. The Superintendent shall investigate the grievance and give his/her decision in writing within five (5) school days to the aggrieved person. 4. If the aggrieved person is not provided a written decision satisfied with the disposition of the grievance, he/she shall, within the time prescribed in Step 3five (5) school days, then the grievant, or the Association acting on his behalf, may request a meeting with review by the Board. Upon mutual agreement of both partiesThe request shall be submitted in writing through the Superintendent, Step 4 would occur. If a who shall attach all related papers and forward the request for a meeting with the Board is not delivered to the Superintendent with Board. Within thirty (30) days after the meeting prescribed Board, or committee of the Board, shall view the grievance, hold a hearing with the aggrieved if requested, and render its decision in Step 3 writing. 5. If the aggrieved person is heldnot satisfied with the disposition of the grievance by the Board, the aggrieved person, within five (5) school days after receipt of the decision or the expiration of the time by which a decision is to be rendered, whichever is sooner, may request in writing that the Association submit the grievance to advisory arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to advisory arbitration by notifying the Superintendent of such fact in writing within ten (10) school days after receipt by the Association of the request to submit the grievance to advisory arbitration. Such application for advisory arbitration shall be deemed withdrawnmade to P.E.R.C. 6. The arbitrator selected shall confer with representatives of the Board and the Association and begin hearings as soon as can be arranged. The arbitrator shall meet be restricted to consider only the question or questions submitted to him. The arbitrator shall have authority only to interpret and apply the terms of this Agreement and shall not have any authority to alter in any way the terms and conditions of this Agreement or to add any provisions thereto. The arbitrator shall issue his/her recommendations within tenthirty (30) calendar days after he/she has concluded the hearings. The recommendations of the arbitrator shall be advisory only, not binding. 7. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same. 8. To proceed beyond the Board, a grievance must be concerned only with the interpretation or application of the provisions of this Agreement, provided, however, in no event may a grievance proceed beyond the Board if it arises out of or relates to the interpretation or application of any of the following provisions of this Agreement; ARTICLE XI; or ARTICLE XII.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties hereto acknowledge that it is usually most desirable for an employee and his/her immediately involved superior to first resolve grievances or potential grievances problems through free and informal communications between communications. When requested by the grievant and his immediate administrative supervisoremployee, the building representative may accompany the employee to assist in the informal resolution of the problem. HoweverIf, if however, such informal processes fail to provide an acceptable adjustment satisfy the employee, a grievance may be processed as follows: A. The grievant (Association or individual employee) shall present the grievance in writing to the principal or immediate supervisor, stating the article(s) and section(s) of other Agreement alleged to be violated and requested remedy, along with the employee’s signature, on the Grievance Form (Exhibit A), no later than twenty (20) school days after either the occurrence of the grievance, alleged claim or after the grievant may proceed to Step 2. 9.4.2 Step 2 becomes aware of the occurrence. The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's principal or immediate administrative supervisor who shall will arrange for a meeting to take place within four ten (410) school days after receipt of the formgrievance. The grievantAn Association representative selected by the aggrieved party, his immediate supervisorif said aggrieved party desires said assistance, the aggrieved party, the immediately involved supervisor and a representative of the Association, unless the Association waives its right to have its representative present, any person whose assistance he/she requests shall attend be present at the meeting. In addition, both the The principal or immediate supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meetingwill then, within ten (10) school days after the grievance has been referred to himmeeting, provide the aggrieved party and the Superintendent with a written memorandum setting forth the disposition of the grievance. Both theSuch memorandum shall contain reasons upon which the disposition of the matter was based. 9.4.4 Step 4 B. If the grievant (Association or individual employee) is not satisfied with the disposition of his the grievance at Step 3 or if A(1)), the grievant may then refer the grievance to the Superintendent has not provided a written decision within the time prescribed in Step 3, ten (10) school days thereafter. The Superintendent shall then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request arrange for a meeting with the Board same parties being present at Step A(1) within ten (10) school days. Each party to the grievance shall have the right to include in its representation a counselor if so desired. Each party may present witnesses necessary to develop the facts pertaining to the grievance. Upon conclusion of the hearing on the grievance, the Superintendent shall have ten (10) school days in which to provide his/her written decision to the aggrieved party. C. If the grievant (Association or individual employee) is not delivered satisfied with the disposition of the grievance at Step B(2), the grievant may then refer the grievance to the Superintendent with Board within thirty (30) days after thereafter. The President of the Board shall then arrange for a meeting prescribed in with the same parties being present at Step 3 is heldB(2) or for the purpose of reviewing written briefs prepared by the parties within ten (10) school days. The meeting (hearing) will be conducted by a quorum of the Board. Upon conclusion of the hearing on the grievance, the grievance shall be deemed withdrawn. The Board shall meet within have ten

Appears in 2 contracts

Sources: Professional Agreement, Professional Services

Procedures. 9.4.1 Step 1 Every effort shall be made The parties acknowledge that it is usually most desirable for a faculty member and a faculty member's immediately involved supervisor to resolve grievances or potential grievances problems through free and informal communications between communications. When requested by the grievant and his immediate administrative supervisor. Howeverfaculty member, if such an Association representative may accompany the faculty member to assist in the informal processes fail to provide an acceptable adjustment resolution of the grievance. If, however, the grievant informal process fails to satisfy the faculty member or the Association, a grievance may proceed to be processed as follows: A. Step 2. 9.4.2 Step 2 One: The grievant or, at his request, faculty member or the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) present the grievance in writing to the grievant's immediate administrative supervisor immediately involved supervisor, who shall will arrange for a meeting to take place within four (4) ten college days after receipt of the formgrievance. The grievance shall be submitted within fifteen college days of when the occurrence might reasonably have been ascertained. If the grievant requests, he/she may be accompanied to the meeting by a member of the full-time faculty. If the Association is not the grievant, his immediate supervisor, and if the faculty member accompanying the grievant is not a representative full member of the Association, unless the Association waives may have one of its right to have its full members as a representative present, shall attend at the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding Within ten college days of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide meeting, the grievant and recognized employee organization the Association shall be provided with a the supervisor's written response (Appendix 5response, including the reason(s) to for the Grievance Review Request Form within four (4) days after the meetingdecision. 9.4.3 B. Step 3 Two: If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievantOne, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) President of the College or designee within five college days after receipt of the meeting prescribed in Step 2 is heldOne answer. The Superintendent President, or his/her designee, shall arrange to meet with the grievant and with representatives Association representative for a meeting to take place within ten college days of receipt of the Association, unless the Association or the employee waives its right to have representatives attend appeal. Within ten college days of the meeting, within ten (10the Association shall be provided with a written response from the President or designee, including the reason(s) days after for the grievance has been referred to him. Both thedecision. 9.4.4 C. Step 4 Three: If the grievant Association is not satisfied with the disposition of his the grievance at Step 3 Two or if the Superintendent has not provided a written decision within the time prescribed in Step 3limits expire without the issuance of the President's or designee's written reply, then the grievant, or the Association acting on his behalf, may request submit the grievance to binding arbitration. The arbitrator shall be selected from a meeting with panel or panels to be secured from the BoardAmerican Arbitration Association (AAA). Upon mutual agreement of both parties, Step 4 would occurThe arbitrator's award shall be binding. If a request demand for a meeting with the Board arbitration is not delivered to the Superintendent with thirty (30) filed within twenty college days after the meeting prescribed in date for the Step 3 is heldTwo answer, then the grievance shall be deemed considered withdrawn. In connection with any such arbitration, it is agreed as follows: 1. That the arbitrator shall have no power to alter or enlarge the terms of this Agreement; 2. Each party shall bear the full costs for its representation in the arbitration. The Board cost of the arbitrator and the AAA shall meet within tenbe divided equally between the parties; 3. If either party requests a transcript of the proceedings that party shall bear the full costs of that transcript. If both parties order a transcript the cost shall be divided equally between the parties.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties acknowledge that it is usually most desirable for an employee and the employee’s immediate supervisor to resolve grievances problems through informal and free communications. If, however, the informal process fails to satisfy the employee, a grievant may be accompanied by a representative of choice: Step One The employee or potential grievances through free and informal communications between the grievant and his Union shall file the grievance in writing with the immediate administrative supervisor, who shall certify by signature the date the grievance was received. However, if such informal processes fail to provide an acceptable adjustment The written grievance shall state the nature of the grievance, shall note the grievant may proceed to Step 2. 9.4.2 Step 2 specific clause or clauses of the Agreement, which are applicable, and shall state the remedy requested. The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place with the grievant within four ten (410) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide make a decision on the grievance and communicate it in writing to the grievant and recognized employee organization with a written response the Superintendent within five (Appendix 5) days of the meeting. Step Two In the event a grievance has not been satisfactorily resolved at Step One, the grievant may present the grievance within ten (10) days to the Grievance Review Request Form within four (4) days after Superintendent, who will follow the meeting. 9.4.3 same provisions as established in Step 3 One. Step Three If the grievance is not adjusted satisfactorily resolved at Step 2 to the satisfaction of the grievantTwo, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meetingshall file, within ten (10) days after of receipt of the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance Superintendent’s decision at Step 3 or if the Superintendent has not provided Two, a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request for a meeting hearing with the Board. Upon mutual agreement The Board shall meet with the grievant within fifteen (15) days after receipt of both partiesthe request for a hearing. The Board, or their designee, shall file an answer within ten (10) days of the hearing and communicate it in writing to the grievant and the Superintendent. Step 4 would occurFour If the grievance is not satisfactorily resolved at Step Three, the grievance shall proceed to binding arbitration. The Union shall submit to the Superintendent a written request on behalf of the Union and the grievant to enter into binding arbitration. If a request demand for a meeting with the Board binding arbitration is not delivered to the Superintendent with thirty filed within twenty (3020) days after of receipt of the meeting prescribed in Step 3 is heldThree decision, then the grievance shall be deemed withdrawn. Arbitration proceedings shall be conducted by an arbitrator to be selected by the two parties from a roster of arbitrators provided by the American Arbitration Association. Within seven (7) days after the Union requests binding arbitration, the two parties will request the American Arbitration Association to provide a panel of arbitrators in accordance with their procedures. The Board selection of an arbitrator shall meet within tenalso be accomplished in accordance with AAA procedures. Expenses for the arbitrator’s services shall be borne equally by the District and the Union. The decision of the arbitrator shall be final and binding on the parties. The arbitrator, in their opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. The arbitrator’s authority shall be strictly limited to deciding only the issue or issues presented to them in writing by the District and the Union, and their decision must be based solely and only upon their interpretation of the meaning or application of the express relevant language of the Agreement.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made to The parties acknowledge that a Teacher and an Administrator may resolve grievances or potential grievances problems through free and informal communications between communications. The informal disposition of problems in no way prohibits the grievant and his immediate administrative supervisorAssociation from filing a grievance nor does it establish a precedent. However, if such informal processes fail a grievance shall be processed as follows: 3.2.1 STEP I - The grievant shall present the grievance in writing, signed, dated and specifying the remedy sought, to provide an acceptable adjustment the immediately involved administrator within ten (10) days of the grievanceoccurrence, stating the grievant may proceed Article and Section of the Agreement alleged to Step 2. 9.4.2 Step 2 have been violated. The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall administrator will arrange for a meeting to take place within four ten (410) days after of receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor Association’s representative, the grievant, and the immediately involved administrator shall provide be present for the meeting. Within ten (10) days of the meeting, the grievant and recognized employee organization the Association shall be provided with a the administrator’s written response (Appendix 5) to response, including the Grievance Review Request Form within four (4) days after reasons for the meetingdecision. 9.4.3 Step 3 3.2.2 STEP II - If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievantSTEP I, then the grievant, or the Association acting on his behalf, may shall refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, Superintendent’s official designee within ten (10) days after receipt of the grievance has been referred STEP I answer. The Superintendent shall arrange with the Association representative for a meeting to himtake place within (10) days of the Superintendent’s receipt of the appeal. Both theWithin ten (10) days of the meeting, the Association shall be provided with the Superintendent’s receipt of the appeal. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for the decision. 9.4.4 Step 4 3.2.3 STEP III - If the grievant Association is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3STEP II, then the grievant, or the Association acting on his behalf, may request a meeting with submit the Boardgrievance to final and binding arbitration. Upon mutual agreement The American Arbitration Association shall act as the administrator of both parties, Step 4 would occurthe proceedings using the Voluntary Labor Arbitration Rules. If a request demand for a meeting arbitration is not filed with the Board is not delivered to the Superintendent with within thirty (30) days after of the meeting prescribed in day of the Step 3 is heldII answer, then the grievance shall be deemed withdrawn. 3.2.3.1 Neither the Board nor the grievant shall be permitted to assert any grounds of evidence before the arbitrator, which was not previously disclosed to the party. 3.2.3.2 The arbitrator shall have no power to alter the terms of this Agreement. 3.2.3.3 Each party shall bear the full cost for its representation in the grievance procedure. 3.2.3.4 The fees and the expenses of the arbitrator shall be shared equally by the parties. 3.2.3.5 If only one party requests the presence of a court reporter, that party shall bear the cost of the reporter. The Board If both parties request a court reporter, they shall meet within tenshare the costs. 3.2.3.6 If only one party requests the postponement of an arbitration hearing, that party shall bear the cost of such postponement.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made After consultation with the Association president or the grievance chair, the parties acknowledge that it is usually most desirable for an Employee and his immediate involved supervisor to resolve grievances or potential grievances the problem through free and informal communications between the grievant and his immediate administrative supervisorcommunications. HoweverIf, if such informal processes fail to provide an acceptable adjustment of the grievancehowever, the grievant informal process fails to satisfy the Employee, a grievance may proceed to Step 2through the formal grievance steps set forth below. 9.4.2 Step 2 STEP I The grievant or, at his request, shall present the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) grievance in writing to the grievant's immediate administrative supervisor involved supervisor, who shall will arrange for a meeting to take place within four ten (410) work days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor written grievance shall provide identify the grievant, summarize relevant facts, and identify all provisions of the Agreement allegedly violated. Within ten (10) work days of the meeting, the grievant and recognized employee organization the Association shall be provided with a the supervisor’s written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meetingresponse. 9.4.3 Step 3 STEP II If the grievance is not adjusted at resolved in Step 2 to the satisfaction of the grievant1, then the grievant, or the Association acting on his behalf, grievant may refer appeal the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, his/her designee within ten (10) work days after receipt of the Step 1 answer. The Superintendent or his/her designee shall arrange with the grievant or Association representative for a meeting to take place within ten (10) work days of the Superintendent’s or his/her designee’s receipt of the appeal. Within ten (10) work days after the meeting, the grievant and the Association shall be provided with the Superintendent’s or his/her designee’s written response. STEP III If the grievance has been referred remains unresolved at the Superintendent level, it shall proceed to himthe Board level. Both theThe Superintendent’s response to the grievance shall be heard at the next Board meeting. 9.4.4 Step 4 STEP IV If the grievant is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or Association may submit the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with grievance within thirty (30) work days after to binding arbitration under the meeting prescribed in Step 3 is held, Voluntary Labor Arbitration Rules of the grievance shall be deemed withdrawn. The Board shall meet within tenAmerican Arbitration Association.

Appears in 2 contracts

Sources: Professional Services, Professional Services

Procedures. 9.4.1 Step 1 Every effort shall be made to resolve grievances or potential grievances through free A grievant and informal communications between a Union Representative (if the grievant and his so desires) shall first discuss the grievance with the grievant's immediate administrative supervisorsuperior. However, if such informal processes fail to provide an acceptable adjustment of STEP I STEP II STEP III If the grievancematter is not satisfactorily adjusted within five (5) work days, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may shall submit an executed Grievance Review Request Form it in writing within five (Appendix 45) work days to the grievant's immediate administrative superior. Such written grievance must be filed within ten (10) work days of the date that the grievant should have been logically aware of the act or circumstances giving rise to the grievance, except that an extension shall be granted ifmutually agreed-upon and reduced to writing. The administrative supervisor who shall arrange for meet with the grievant and a Union representative and must render his/her decision in writing, with copies to the grievant and the Union, within five (5) work days of the meeting with the grievant. Failing satisfactory settlement within such time limit, the grievant may within five (5) work days appeal in writing to take place the Superintendent, and such writing shall set forth specifically the basis of the grievance. The Superintendent or his/her designee shall meet with the grievant and a Union representative within four five (45) work days of receipt by him/her of such appeal and shall give his/her decision in writing to the grievant and the Union within five (5) work days of such meeting. Board of Education Failing satisfactory settlement within such time limit, the grievant may within seven (7) work days after receipt of the form. The grievant, his immediate supervisorSuperintendent's decision at Step 2 appeal in writing to the Board, and a representative of such writing shall set forth specifically the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment basis of the grievance. The supervisor shall provide the grievant and recognized employee organization with full Board, or a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction committee of the grievantBoard, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association a Union representative at its next regular scheduled meeting or the employee waives its right to have representatives attend the meeting, a special meeting within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) calendar days after from the meeting prescribed in Step 3 is held, date the grievance shall be deemed withdrawn. The Board shall meet within tenwas

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort Any non-probationary paraprofessional may at any time present grievances to the administration without the intervention of the Association provided that the Association has been given the opportunity to be present at all meetings. The failure of non-probationary paraprofessional of the Association to act within the time limits will act as a bar to any further appeal and an administrator’s failure to render a decision or meet within the time limits set forth shall permit the non-probationary paraprofessional or Association to proceed to the next step. Time limits may be extended only by mutual agreement. Hearings and conferences held under this procedure shall be conducted by mutual agreement, but in a timely manner. Before a grievance is filed, a sincere attempt shall be made to resolve grievances or potential grievances through free and informal communications any differences informally between the grievant aggrieved and his immediate administrative supervisorthe Supervisor. However, if such informal processes fail to provide an acceptable adjustment of the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his requestAt this meeting, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) is entitled to be represented if requested by the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt paraprofessional. FIRST STAGE The filing of the form. The grievant, his immediate supervisor, and a representative grievance at the first stage must be within thirty (30) school days of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment original occurrence of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant Supervisor or appropriate District representative, who has the authority to make a decision on the grievance, shall make such decision and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, communicate it in writing within ten (10) school days after the meeting, to the aggrieved, the Executive Director and the Association President. SECOND STAGE In the event a grievance has not been referred satisfactorily resolved at the first stage, the aggrieved paraprofessional or his/her Association designee, will file within ten (10) school days of the receipt of the Executive Director ‘s written decision or answer at the first stage, a letter to himthe Executive Director and/or his/her designee, requesting a meeting. Both the 9.4.4 Step 4 Within ten (10) school days after the meeting, the decision will be communicated in writing to the paraprofessional, Supervisor and Association President. THIRD STAGE If the grievant grievance is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or resolved satisfactorily to the Association acting on his behalfafter the second stage, there shall be a third step impartial arbitration. The Association may request a meeting with the Board. Upon mutual agreement of both partiessubmit in writing, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with within thirty (30) days of the Executive Director’s decision, a request to enter into such arbitration. The parties shall jointly request the American Arbitration Association to submit to them a list of five (5) arbitrators’ names and qualifications. Either party may reject one list in its entirety and request that another list is submitted. From such list, the party requesting the arbitration shall strike two names and the other party shall strike two names. The person whose name remains shall be the arbitrator. The arbitrator selected shall be jointly notified of their selection and requested to contact the parties with respect to setting up a time for a hearing. All expenses incurred shall be shared equally by the Board and Association. Any legal expenses incurred should be paid for by the party engaging the legal counsel. Insofar as such arbitration is limited solely and simply to interpretation and implementation of the terms of this contract, both parties agree to abide by the results of the findings of the arbitrator. The arbitrator shall not have the power to add to, subtract from, alter, or modify in any way, any of the terms or conditions of this Agreement. It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the meeting prescribed specified Articles and Sections of the Agreement. A. He/she shall have no power to establish salary structures. B. He/she shall have no power to rule on any of the following: 1. The termination of services or failure to re-employ any probationary paraprofessional. 2. Any claim, or complaint, to which there is another remedial procedure, or forth-established law or regulation, having the force of law. 3. Any matter involving paraprofessional evaluation. C. He/she shall have no power to decide any questions, which under the Agreement are within the responsibility of management to decide. In rendering decisions, the arbitrator shall give due regard to the responsibilities of management and shall so construe such responsibilities, except as they may be specifically conditioned by the Agreement. D. If either party disputes the ability to arbitrate any grievance under the terms of this Agreement, the arbitrator shall have no jurisdiction to act until the matter has been determined by a court of competent jurisdiction. In the event that a case is appealed to an arbitrator, on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. E. All claims for back wages shall be limited to the amount of wages that a paraprofessional would have otherwise earned less any unemployment or other compensation that he/she may have received from any source during the period of back pay. No decision in Step 3 is held, any one case shall require a retroactive wage adjustment in any other case. In any case an award shall not go back further than the beginning of this Agreement. F. The fact that the grievance has been considered by the parties in the preceding steps of the grievance shall not constitute a waiver of jurisdictional limitations upon the arbitrator in the Agreement. G. All records related to the grievance shall be deemed withdrawnfiled separately from the personnel files of a paraprofessional during the time of grievance. H. By mutual agreement, any step of the grievance procedure may be bypassed. I. No reprisal shall be taken by the Board or SEDOM administration against any paraprofessional because of the paraprofessional’s participation in a grievance. A reprisal shall not be considered any exercise of management’s prerogative as indicated by this agreement. J. A grievance may be withdrawn at any level but if withdrawn shall be treated as though never filed. K. The Board shall meet within tenprovide the Association with public records necessary for the investigation of any grievance, provided a charge therefore may be made not to exceed the amount specified in the Public Records Act. L. The Association may be represented at any formal meeting, which is part of this procedure, and shall receive a copy of all formal responses.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall The parties agree that it is desirable for problems to be made to resolve grievances or potential grievances through free and informal communications resolved between the grievant employee and his his/her immediate administrative supervisor. However, if such informal processes fail to provide and nothing herein shall prevent an acceptable adjustment employee from taking up any claimed grievance with his/her immediate supervisor before formal filing of said grievance. A. Step One Within thirty (30) days of the grievancedate an alleged grievance occurs, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, must present the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) grievance in writing to the grievant's immediate administrative supervisor immediately involved administrator (Step One Grievance Form located in Appendix 8), who shall will arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor Said administrator shall provide the grievant and recognized employee organization the Association with a written response (Appendix 5) answer to the Grievance Review Request Form grievance together with the reasons for the decision within four (4) days after the meetingmeeting (Step One Grievance Form-back located in Appendix 8B). 9.4.3 B. Step 3 Two If the grievance is not adjusted settled at Step 2 to the satisfaction of the grievantOne, then the grievant, or the Association acting on his behalf, grievance may refer the grievance be referred in writing to the Superintendent no later than eight or his/her designee within ten (8) 10) days after the meeting prescribed grievant’s receipt of the administrator’s answer at Step One, (Step Two Grievance Form located in Step 2 Appendix 9). The written grievance shall give a clear and concise statement of the alleged grievance, including the facts on which the grievance is heldbased, reference to the specific terms of the Agreement which have been violated, the issues involved, and the remedy sought. The Superintendent or designee shall arrange to meet for a meeting with the grievant and with representatives to take place within seven (7) days of receipt of the Associationappeal. The parties shall have the right to include in the meeting such witnesses and counselors as they deem necessary to develop facts pertinent to the grievance. Each party shall pay for its witnesses. Upon conclusion of the meeting, unless the Superintendent or designee will have seven (7) days to provide a written decision, together with the reasons for the decision to the Association or and grievant, (Step Two Grievance Form - back located in Appendix 9B). C. Step Three – Binding Arbitration If the employee waives its right to have representatives attend grievance is not settled at Step Two, the meetinggrievant may, within ten (10) days after receipt of the grievance has been referred Superintendent’s or designee’s answer to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed Two, request in Step 3, then the grievant, or writing that the Association acting on his behalfsubmit his/her grievance to arbitration (Step Two Grievance Form – back). The Association may, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered by written notice to the Superintendent with thirty within seven (307) days after receipt of the meeting prescribed in Step 3 is heldrequest from the employee, submit the grievance to binding arbitration (Step Three Grievance Form located in Appendix 10). Arbitration shall be deemed withdrawn. The Board shall meet within tenconducted in accordance with provisions which follow:

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties hereto acknowledge that it is incumbent upon the ParaEducator and his/her immediate supervisor to resolve grievances or potential grievances problems through free and informal communications between communications. When requested by the grievant ParaEducator, an Association representative may accompany the ParaEducator in order to assist in the informal resolution of the grievance. Nothing contained herein shall be construed as limiting the right of any ParaEducator having a grievance to discuss the matter informally with his/her immediate supervisor and his immediate administrative supervisorhaving the grievance adjusted, provided the resolution agreed to is not inconsistent with the terms of this Agreement. 1. However, if such informal processes fail Level One The formal grievance procedure begins when the ParaEducator or the Association presents the grievance in writing to provide an acceptable adjustment the Division Chair. The grievance statement must specify the nature of the grievance, section of this Agreement which has been violated, and the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, remedy sought. Such grievance shall be submitted within twenty (20) days of the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) occurrence or knowledge of the event giving rise to the grievant's immediate administrative grievance. The supervisor who shall arrange for a meeting to take place within four five (45) days after receipt of the formgrievance statement. The grievant, his Association representative or immediate supervisor, and a representative supervisor may invite the person or persons of his/her choice to meet with the supervisor to help settle the grievance. If the aggrieved does not request representation from the Association, unless the Association waives its right shall be made aware of the meeting and be allowed to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) answer to the Grievance Review Request Form grievance together with the supporting reasons therefore. Copies shall be given to the grievant, the Association and to the Superintendent within four three (43) days after the meeting. 9.4.3 Step 3 2. Level Two If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievant, then the grievantLevel One, or the Association acting on his behalf, may refer the grievance to the Superintendent if no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance decision has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision rendered within the time prescribed in Step three (3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is heldat Level One, the grievant or Association may appeal to the Principal of the building (or his/her designee) in which the grievance is alleged to have occurred. The appeal must be in writing and must include the original written grievance to the supervisor, a copy of the supervisor's written response, and statement why the response does not resolve the grievance within (5) days. The Principal (or his/her designee) shall thereafter schedule a meeting with the grievant, the Association, the supervisor, and the person or persons chosen by the grievant within five (5) days of receipt of the grievance. Within three (3) days after such meeting, the Principal shall issue a written decision, including the reasons upon which the decision was based, with copies furnished to the grievant, the Association, and the immediate supervisor. 3. Level Three If the Principal's (or his/her designee’s) response does not resolve the grievance, the grievant shall have five (5) school days in which to appeal in writing to the Superintendent. This appeal shall include copies of all written documents exchanged to the point of the Level Three appeal and a written statement of rationale as to why the Principal's response does not constitute resolution. The Superintendent shall have five (5) school days to schedule a meeting between the grievant and his/her Association representative and the Superintendent (or his/her designee). The Superintendent (or his/her designee) shall have ten (10) school days after the meeting to respond in writing. 4. Level Four Should the grievance still not be resolved at Level Three, the grievant shall have five (5) school days from delivery of the Superintendent's (or his/her designee’s) written response to appeal to the Board. This appeal shall be deemed withdrawnin writing, addressed to the secretary of the Board of Education and shall include all written documents exchanged through Level Three in addition to a statement of rationale detailing why the Superintendent's (or his/her designee’s) response does not constitute resolution. Within ten (10) school days, the Board of Education (or its designee(s)) will schedule a meeting between the Board (or its designee(s)) and the grievant and grievant's Association representative to hear argument and gather information from appropriate sources. Within ten (10) school days of the hearing or within five (5) school days of the next scheduled Board meeting following the hearing, whichever is later, the Board (or its designee(s)) shall respond in writing to the grievant and Association. 5. Level Five In the event the grievance is not resolved, the Association may, on behalf of the grievant, within fifteen (15) school days, submit the grievance to binding arbitration through the American Arbitration Association (AAA). The Board arbitrator shall meet within tenrule only on the alleged violation and shall have no power to alter the terms and/or conditions of this Agreement or the working conditions of ParaEducators covered by this Agreement. Each party shall bear 50% of the full cost of arbitration, except that each party shall bear full cost for any transcripts of the proceeding it requests.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 A. Step 1 Every effort shall be made I The parties acknowledge that it is usually most desirable for an employee and his/her immediate supervisor to resolve grievances or potential grievances problems through free and informal communications between communications. Within thirty (30) days following the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment occurrence of the grievancegrievable act, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, present the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) grievance in writing to the grievant's immediate administrative supervisor immediately involved supervisor, who shall arrange for a meeting to take place within four five (45) days after receipt of the formgrievance. The grievant, his immediate supervisor, and a representative of the Association, unless grievant and/or the Association waives its right to have its representative present, and the supervisor shall attend be present for the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant aggrieved party and recognized employee organization the Association with a written response (Appendix 5) answer to the Grievance Review Request Form grievance within four five (45) days after the meeting. Such answer shall include the reasons upon which the decision was based. 9.4.3 B. Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 II If the grievant is not satisfied with the disposition of his his/her grievance at Step 3 I, or if no decision has been rendered within five (5) days after presentation of the Superintendent has not provided a written decision within the time prescribed in Step 3grievance, then the grievant, or the Association acting on his behalf, grievance may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered be referred to the Superintendent or his/her official designee. The Superintendent shall arrange for a hearing with thirty the grievant and an Association representative to take place within five (305) days of his/her receipt of the appeal. The parties in interest shall have the right to include in the representation such witnesses and counselors as they deem necessary to develop facts pertinent to the grievance. Upon conclusion of the hearing, the Superintendent shall have five (5) days to provide his/her written decision, together with the reasons for the decision to the Association. C. Step III If the grievance has not been resolved in Step II or if no decision has been rendered within ten (10) days after presentation of the grievance in Step II, appeal may be made to the Board through the Superintendent. Upon receipt of the appeal the Superintendent shall arrange a meeting of the Board to take place within ten (10) days or at the next regularly scheduled Board meeting, whichever time period is longer. A written decision shall be issued within five (5) days after the meeting prescribed in meeting. D. Step 3 IV If no satisfactory settlement is heldreached at Step III, the grievant, within fifteen (15) working days of the receipt of the Step III decision, may appeal the final decision of the employer to the Association for consideration of arbitration. The Association, within ten (10) days, may appeal the grievance to the American Arbitration Association (AAA) for arbitration under the expedited rules with the following exceptions: 1. A list of arbitrators shall be deemed withdrawnprovided to the parties. 2. All communications shall be directed through the AAA. 3. The Board arbitrator's decision shall meet within tenbe in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted to him/her.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort Any administrator shall have the right to present his/her grievance through the steps described in the following paragraphs with assured freedom from restraint, interference, coercion, discrimination or reprisal and shall be made entitled to resolve grievances or potential grievances through free and informal communications between appear at the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the grievance, the grievant may proceed to Step 2appeal level. 9.4.2 Step 2 The grievant or, at 1. Any administrator who has a grievance shall first orally advise his request, the Association on his behalf, may submit an executed Grievance Review Request Form or her immediate supervisor of its existence within twenty (Appendix 420) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) calendar days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievanceoccurrence. The supervisor shall provide meet with the grievant and recognized employee organization with a written response administrator within fourteen (Appendix 514) calendar days in an attempt to resolve the grievance at this level. Within fourteen (14) calendar days after discussion, the supervisor shall orally make known his or her decision to the Grievance Review Request Form within four (4) days after the meetingadministrator. 9.4.3 Step 3 2. If the grievance is not adjusted resolved to the satisfaction of the administrator at the level of Step 1, the administrator may appeal, within seven (7) calendar days, to the Superintendent of Schools in a written statement setting forth specific details and specific grounds on which the grievance is based and attaching all pertinent documents. The Superintendent shall confer with the parties concerned together or separately within seven (7) calendar days. The Superintendent shall render a decision within fourteen (14) calendar days of such occurrence. A written statement of the decision and the supporting reasons shall be sent to the aggrieved and the supervisor. 3. If the grievance is not resolved at Step 2 to the satisfaction of the grievantadministrator, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, said administrator may request a meeting with review by the Board of Education. This request shall be made in writing through the Superintendent of Schools, who shall attach all related documents and forward the request to the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance shall be deemed withdrawn. The Board shall meet review the case, shall hold a hearing with the administrator, if requested by the administrator, and shall render a decision in writing within twenty-one (21) calendar days of receipt of the grievance by the Board at a regular or special meeting. Copies of the decision of the Board shall be sent to the aggrieved and to the Superintendent of Schools. 4. A grievance which remains unresolved to the satisfaction of the Association after the Board has rendered its decision may be submitted to arbitration within ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every Stage I : The Grievant will discuss the matter with his/her immediate supervisor in an effort shall be made to resolve grievances the matter informally. Thereafter, the aggrieved party shall present his grievance signed and in writing, within fifteen (15) school days of the occurrence or potential grievances through free and informal communications between the grievant and his immediate administrative supervisor. However, if such informal processes fail event giving rise to provide an acceptable adjustment of the grievance, or the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, date on which the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) event should reasonably have been known to the grievant's immediate administrative supervisor who . The grievance shall arrange identify the aggrieved party, the provision of the Agreement, the time when and place where the alleged events or condition constituting the grievance exists or occurred, and, if known, the identity of the person responsible for causing such events or condition, and a meeting to take place general statement of the grievance and redress sought by the aggrieved party. The supervisor, or his representative, will meet with the grievant and/or his representative within four (4) five school days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the written grievance. The supervisor shall provide will deliver his written findings and determination within five school days after his/her meeting with the grievant and recognized employee organization with grievant, mailing or delivering a written response (Appendix 5) copy to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 association president. Stage I I : If the such a grievance is not adjusted at Step 2 to resolved by Stage I, the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, aggrieved party may refer the grievance appeal in writing to the Superintendent no later than eight within five (8) 5) school days after of his receipt of the meeting prescribed in Step 2 is heldSupervisor’s decision. The Superintendent, or his representative, shall meet with the aggrieved party and/or his representative within five (5) school days of the receipt of the appeal. The Superintendent shall arrange to meet deliver his written findings and determination within five (5) school days after his meeting with the grievant, mailing or delivering a copy to the Association President. Stage III: The grievant and may, within five (5) school days after his receipt o f the Superintendent’s written decision, file his written notice of appeal with representatives the President of the Association, unless Board of Education and the Association or the employee waives its right to have representatives attend the meeting, Superintendent. The Board of Education shall hold a hearing within ten (10) school days after thereafter and shall deliver its written decision within five (5) school days of the hearing. Stage IV: In the event that the Board elects not to review the grievance has been referred to him. Both the 9.4.4 Step 4 If at Stage III or if the grievant Association or the Grievant is not satisfied with the disposition Board determination at Stage III, the Association or the Board may elect arbitration. Such requests shall be made in writing and be made within five (5) school days of his grievance at Step 3 or if the decision received in Stage III. Within five (5) school days of the request for arbitration, the parties shall meet to agree upon an arbitrator. If no arbitrator is mutually acceptable, a request shall be made to the Public Employment Relations Board (“PERB”) for a panel of seven (7) arbitrators from which the Association and the Superintendent has not provided or his designee shall alternately cross off one name until only one name remains, and such person shall be the arbitrator. Either party shall have the right to reject one panel within five (5) calendar days of receipt thereof by notice to the other party. The arbitrator chosen shall hold a written decision within hearing and determine the time prescribed matter in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting accordance with the Board. Upon mutual agreement rules of the PERB and his award shall be binding on both parties, Step 4 would occur. If a request for a meeting with The costs of such arbitration shall be borne equally by the Board is not delivered to and the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance shall be deemed withdrawn. The Board shall meet within tenAssociation.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made to The parties acknowledge that and employee and an Administrator may resolve grievances or potential grievances problems through free and informal communications between communications. The informal disposition of problems in no way prohibits the grievant and his immediate administrative supervisorUnion from filing a grievance nor does it establish a precedent. However, if such informal processes fail to provide an acceptable adjustment a grievance shall be processed as follows: Informal Conference A complaint shall first be discussed with the object of resolving the matter informally. In the event the matter is resolved informally between the complainant and the immediate supervisor the principal or supervisor shall inform the Union President of the grievanceadjustment. A. Step I The grievant shall present the grievance in writing, signed, dated and specifying the remedy sought, to the immediately involved administrator within ten (10) days of the occurrence, or date the grievant may proceed had knowledge of the occurrence, whichever is later, stating the Article and Section of the Agreement alleged to Step 2. 9.4.2 Step 2 have been violated. The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall administrator will arrange for a meeting to take place within four (410) days after of receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor Union's representative, the grievant, and the immediately involved administrator shall provide be present for the meeting. Within ten (10) days of the meeting, the grievant and recognized employee organization the Union shall be provided with a the administrator's written response (Appendix 5) to response, including the Grievance Review Request Form within four (4) days after reasons for the meetingdecision. 9.4.3 B. Step 3 II If the grievance is not adjusted resolved at Step 2 to I, the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may Union shall refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, Superintendent's official designee within ten (10) days after receipt of the Step I answer. The Superintendent shall arrange with the Union representative for a meeting to take place within ten (10) days of the Superintendent's receipt of the appeal. Within ten (10) days of the meeting the Union shall be provided with the Superintendent's written response, including the reasons for the decision. C. Step III If the grievance has been referred is not resolved at Step II, the Union shall refer the grievance to himthe School Board or the Board's official designee within ten (10) days after receipt of the Step II answer. Both theSubject to the approval of the Board, the Board shall arrange with the Union representative for a meeting to take place within ten (10) days of the Board's receipt of the appeal. Within ten (10) days of the meeting the Union shall be provided with the Board's written response, including the reasons for the decision. 9.4.4 D. Step 4 IV If the grievant Union is not satisfied with the disposition of his the grievance at Step 3 or if III, the Superintendent has not provided a written decision within Union may submit the time prescribed in Step 3grievance to final and binding arbitration with FMCS (Federal Mediation & Conciliation Service), then which shall act as the grievant, or administrator of the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occurproceedings. If a request demand for a meeting arbitration is not filed with the Board is not delivered to the Superintendent with within thirty (30) days after of the meeting prescribed in date of the Step 3 is heldIII answer, then the grievance shall be deemed withdrawn. 1. Neither the Board nor the grievant shall be permitted to assert grounds or evidence before the arbitrator which was not previously disclosed to the other party. 2. The Board arbitrator shall meet within tenhave no power to alter the terms of this Agreement. 3. Each party shall bear the full costs for its representation in the grievance procedure. 4. The fees and the expenses of the arbitrator shall be shared equally by the parties. 5. If only one party requests the presence of a court reporter, that party shall bear the cost of the reporter. If both parties request a court reporter, they shall share the cost equally. 6. If only one party requests the postponement of an arbitration hearing, that party shall bear the cost of such postponement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made ‌ The parties hereto acknowledge that it is usually most desirable for an employee and his/her immediately involved supervisor to resolve grievances or potential grievances problems through free and informal communications between held outside the grievant and his immediate administrative supervisoremployee's work day. HoweverWhen requested by the employee, if such a Union representative may accompany the employee to assist in the informal processes fail to provide an acceptable adjustment resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Union, a grievance may be processed within 30 days of the incident giving rise to the grievance as follows: A. The grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, present the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) grievance in writing listing the desired resolution to the grievant's immediate administrative grievance to the immediately involved supervisor who shall will arrange for a meeting to take place within four six (46) days of the receipt of the grievance. The Union’s representative, the grievant, and the immediately involved supervisor shall be present at the meeting. Within six (6) days following the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reason(s) for the decision or the grievant may proceed to the next step. B. If the grievance is not resolved at step "A", then the grievant may refer the written grievance listing the desired resolution of the grievance to the building principal or his official designee within six (6) days after receipt of the formstep "A" answer, or within six (6) days after the answer should have been received; the grievance shall be deemed withdrawn where it is not submitted to the building principal within said six (6)- day period. The grievant, his immediate supervisor, principal shall arrange with the grievant and the Union representative for a representative meeting to take place within six (6) days of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment principal's receipt of the grievance. The supervisor Each party shall provide have the right to include in its representation such witnesses and counselors as it deems necessary. Within six (6) days of the meeting, the grievant and recognized employee organization the Union shall be provided with a the principal's written response (Appendix 5response, including reason(s) for the decision, or the grievant may proceed to the Grievance Review Request Form within four (4) days after the meetingnext step. 9.4.3 Step 3 C. If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievantstep "B", then the grievant, or the Association acting on his behalf, grievant may refer the written grievance listing the desired resolution of the grievance, to the Assistant Superintendent no later than eight of Human Resources or his/her official designee within six (8) 6) days after receipt of the step "B" answer, or within six (6) days after the meeting prescribed in Step 2 answer should have been received; the grievance shall be deemed withdrawn if it is heldnot submitted to the Assistant Superintendent of Human Resources within said six (6) day period. The Assistant Superintendent of Human Resources shall arrange to meet with the grievant and with representatives the Union representative for a meeting to take place within six (6) days of the Association, unless Assistant Superintendent of Human Resources’ receipt of the Association or grievance. Each party shall have the employee waives its right to have representatives attend include in its representation such witnesses and counselors as it deems necessary. Within six (6) days of the meeting, within ten (10the grievant and the Union shall be provided with the Assistant Superintendent of Human Resources’ written response, including reason(s) days after for the grievance has been referred decision or the grievant may proceed to him. Both thethe next step. 9.4.4 Step 4 D. If the union or grievant is not satisfied with the disposition of his the grievance at Step 3 or if step "C", the Superintendent has not provided a written decision within grievance may be submitted to final and binding arbitration under the time prescribed in Step 3Voluntary Labor Arbitration Rules of the American Arbitration Association, then which shall act as the grievant, or administrator of the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occurproceedings. If a request demand for a meeting with the Board arbitration is not delivered to the Superintendent with filed within thirty (30) days of receipt of the step "C" answer, or within 30 days after the meeting prescribed in Step 3 is heldanswer should have been received, the grievance shall be deemed withdrawn. 1. Neither the Board nor the Union shall be permitted to assert any grounds or evidence before the arbitrator which was not previously disclosed to the other party. 2. The Board arbitrator shall meet within tenhave no power to alter the terms of the Agreement.‌

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort Grievances shall be made processes as rapidly as possible. All grievance hearings shall be held in closed or executive session. A grievant may initiate the procedure by filing a written statement of grievance, citing the relevant provisions of the Agreement, with the person at the lowest administrative level with authority to resolve grievances or potential grievances through free and informal communications between decide the grievance. A grievance must be submitted within 30 working days of the date the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment became aware of the grievance, violation. A meeting will be held at a mutually acceptable time to discuss the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form grievance within five (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (45) days after of the receipt of the formwritten statement. The grievant, his immediate supervisor, and a representative supervisor shall respond in writing with reasons for his/her decision within five (5) days of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 unresolved, the grievance may be appealed to Level Two. The written grievance may be advanced to Level Two by certified mail or by email, to the satisfaction District Superintendent within 15 working days of the grievant, then receipt of response of the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is heldLevel One. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, conduct a hearing within ten (10) days after of receipt of the grievance has been referred to himappeal at a mutually agreeable time and place. Both the 9.4.4 Step 4 At this hearing, the Superintendent shall hear facts, evidence, and the arguments of the representative of the decision-maker and of the grievant. If the Superintendent is the decision-maker at the hearing, he/she shall present the facts, evidence, and argument supporting the decision made, as well as listening to the presentation of the grievant. A written decision must be made within five (5) days from the date of the hearing. If unresolved, the grievant is not satisfied with may appeal at Level Three. The written grievance may be advanced to Level Three by certified mail or by email to the disposition District requesting arbitration within 15 working days of his the receipt of the response of the Level Two. The Association or their representative may submit a written grievance at Step 3 by certified mail, where available, or if by email to arbitration. The arbitrator will be selected from the Superintendent has not provided a list of arbitrators supplied by the American Arbitration Association (AAA). He/she shall be selected using the procedures of the AAA. The arbitrator shall render his/her written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after days. Should the meeting prescribed in Step 3 is heldarbitrator be unable to meet the thirty (30) day time frame, the grievance parties shall be deemed withdrawnconsider extending the time allowed. The Board shall meet within tenAlaska Uniform Arbitration Act (Chapter 43, Title 9, Alaska Statutes) is incorporated into this article by reference.

Appears in 1 contract

Sources: Negotiated Agreement

Procedures. 9.4.1 A. Step 1 1. An employee having a grievance shall file the applicable grievance form (Appendix C) at Human Resources within thirty (30) days following the occurrence of the event giving rise to the grievance. The grievance shall set forth the complete facts on which the grievance is based, the spe- cific provision(s) of the Agreement allegedly violated, and the relief requested. The Chief of Police or designee shall schedule a Step 1 Every effort meet- ing between the grievant, the grievant’s designated representative, griev- ant’s supervisor, or other appropriate individuals. The grievant shall have the right to present any evidence in support of the grievance at this meet- ing. If the meeting does not result in resolution of the grievance, the Chief of Police or designee will proceed with processing the grievance and issu- ing a written decision, stating the reasons therefore, to grievant or griev- ant’s designated representative within thirty (30) days following the con- clusion of the meeting, unless an extension has been granted. If an exten- sion was granted, the decision shall be made issued by the agreed upon date. A copy of the decision shall be sent to resolve grievances or potential grievances through free and informal communications between the grievant and his immediate administrative supervisorto the PBA if griev- ant elected not to be represented by the PBA. HoweverThe decision shall be trans- mitted by personal delivery with written documentation of receipt or by certified mail, if such informal processes fail return receipt requested. 2. Where practicable, the University shall make available to provide an acceptable adjustment the griev- ant or grievant’s designated representative, documentation referenced in the Step 1 decision prior to its issuance. All documents referred to in the decision and any additional documents presented by the grievant shall be attached to the decision, together with a list of these documents. In advance of the Step 1 meeting, the grievant shall have the right, upon writ- ten request, to a copy of documents identified as relevant to the grievance. 3. In the absence of an agreement to extend the period for issuing the Step 1 decision, the grievant may proceed to Step 2. 9.4.2 Step 2 The if the grievant or, at his request, or griev- ant’s designated representative has not received the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to written decision by the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt end of the form. The grievant, his immediate supervisor, and a representative thirtieth (30th) day following the conclusion of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the Step 1 meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance shall be deemed withdrawn. The Board shall meet within ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties hereto acknowledge that it is usually most desirable for an employee and his or her immediately involved supervisor to resolve grievances or potential grievances problems through free and informal communications between communications. When requested by the grievant and his immediate administrative supervisor. Howeveremployee, if such an Association representative may accompany him or her to assist in the informal processes fail to provide an acceptable adjustment resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed as follows: A. The employee or the Association may present the grievance in writing, within twenty-one (21) days of the date of the event giving rise to the grievance, to the immediately involved supervisor, which grievance shall state the part, article, section and clause of this Agreement alleged to be violated, misrepresented or misapplied and which grievance shall further state the remedy which is sought. The immediately involved supervisor will arrange with the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant orand, at his requestif requested, the Association on his behalfAssociation’s representative, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four seven (47) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment receipt of the grievance. The supervisor shall provide Within seven (7) days of the meeting, the grievant and recognized employee organization the Association shall be provided with a the supervisor’s written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting.response 9.4.3 Step 3 B. If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievant1.2.A, then the grievant, grievant or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight or his officially designated representative within seven (8) 7) days after receipt of the Step 1.2.A answer or within fourteen (14) days after the meeting prescribed in Step 2 1.2.A meeting, whichever is heldlater. The Superintendent shall arrange to meet with the grievant and with representatives and, if requested, the Association representative, for a meeting to take place within seven (7) days of the Association, unless Superintendent’s receipt of the Association or appeal. Each party shall have the employee waives its right to have representatives attend include in its representation such witnesses and counsel as it deems necessary. Within seven (7) days of the meeting, within ten (10) days after the grievance has been referred to him. Both thegrievant and the Association shall be provided with the Superintendent’s written response. 9.4.4 Step 4 C. If the grievant Association is not satisfied with the disposition of his the grievance at Step 3 1.2.B. or if the Superintendent has not provided a written decision within the time prescribed in Step 3limits expire without the issuance of the Superintendent’s written reply, then the grievantgrievance may be submitted to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association, or which shall act as the Association acting on his behalf, may request a meeting with Administrator of the Board. Upon mutual agreement of both parties, Step 4 would occurproceedings. If a request demand for a meeting with the Board arbitration is not delivered to the Superintendent with filed within thirty (30) days after of the meeting prescribed in date for Step 3 is held1.2.B., then the grievance shall be deemed withdrawn. 1. Neither the grievant nor the Association shall be permitted to assert any grounds or evidence before the Arbitrator which were not previously disclosed to the immediately involved supervisor and the Superintendent. Similarly, neither the Board nor its Superintendent shall be permitted to assert any grounds or evidence before the Arbitrator which were not previously disclosed to the grievant or the Association. 2. The Board Arbitrator shall meet within tenhave no power to alter the terms of this Agreement. 3. Each party will pay its own costs of representation and the cost of a transcript of the arbitration proceedings, if requested.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties hereto acknowledge that it is usually most desirable for a Teacher and the Teacher's immediately involved supervisor to resolve grievances or potential grievances problems through free and informal communications between communications. When requested by the grievant and his immediate administrative supervisor. HoweverTeacher, if such an Association representative may accompany the Teacher to assist in the informal processes fail to provide an acceptable adjustment resolution of the grievance. If, however, the grievant informal process fails to satisfy the Teacher or the Association, a grievance may proceed be processed as follows: 1. Step 1 - A grievance must be presented within thirty (30) days after the parties become aware of the occurrence that gives rise to Step 2. 9.4.2 Step 2 the grievance. The grievant or, at his request, Teacher or the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) present the grievance in writing to the grievant's immediate administrative supervisor immediately involved supervisor, who shall will arrange for a meeting to take place within four five (45) days after receipt of the formgrievance. The grievantAssociation's representative, his immediate supervisor, the grievant and a representative of the Association, unless the Association waives its right to have its representative present, immediately involved supervisor shall attend be present for the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding Within five (5) days of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide meeting, the grievant and recognized employee organization the Association shall be provided with a the supervisor's written response (Appendix 5) to response, including the Grievance Review Request Form within four (4) days after reasons for the meetingdecision. 9.4.3 2. Step 3 2 - If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievant1, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight or the Superintendent's official designee within fifteen (8) 15) days after receipt of the meeting prescribed in Step 2 is held1 answer. The Superintendent shall arrange to meet with the grievant and with representatives Association representative for a meeting to take place within five (5) days of the Association, unless Superintendent's receipt of the Association or appeal. Each party shall have the employee waives its right to have representatives attend include in its representation such witnesses and counselors as it deems necessary. Within five (5) days of the meeting, the Association shall be provided with the Superintendent's written response, including the reasons for the decision. 3. Step 3 - If the grievance is not resolved at Step 2, then the Association may refer the grievance to the Board of Education. The Board shall consider this item at a regular or special meeting within ten fourteen (1014) days after notification from the grievance has been referred Association that the Step 2 answer is unacceptable and the reason therefore. This meeting shall be conducted in executive session and each party shall have the right to himinclude in its representation such witnesses and counselors as it deems necessary. Both theWithin five (5) days of the meeting, the Association shall be provided with the Board's written response, including the reasons for the decision. 9.4.4 4. Step 4 - If the grievant Association is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalfmay submit the grievance to final and binding arbitration through the Federal Mediation and Conciliation Service (FMCS), may request a meeting with which shall act as the Board. Upon mutual agreement administrator of both parties, Step 4 would occurthe proceedings. If a request demand for a meeting with the Board arbitration is not delivered to the Superintendent with filed within thirty (30) days after of the meeting prescribed in date for the Step 3 is heldanswer, then the grievance shall be deemed withdrawn. . a. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which was not previously disclosed to the other party. b. The Board arbitrator shall meet within tenhave no power to alter the terms of this Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties hereto acknowledge that it is usually most desirable for an employee's and the employee's immediately involved supervisor to resolve grievances or potential grievances problems through free and informal communications between communications. When requested by the grievant and his immediate administrative supervisoremployee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. HoweverIf, if such however, the informal processes fail process fails to provide an acceptable adjustment satisfy the employee or the Association, a grievance may be processed as follows: a) The filing of the grievance at the first step must be within a reasonable length of time, but not to exceed ten (10) school days from the date of the occurrence of the event giving rise to the grievance. The written grievance should state the nature of the grievance, should note the grievant may proceed to Step 2specific clause or clauses of the Agreement allegedly violated, and should state the remedy requested. 9.4.2 Step 2 b) The grievant orshall file the grievance in writing with the immediately involved supervisor, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall will arrange for a meeting to take place within four ten (410) school days after the receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The Association representative, whether requested by the grievant or not, the grievant, and the immediately involved supervisor shall provide may be present for the meeting. Within ten (10) school days of the meeting, the grievant and recognized employee organization the Association shall be provided with a the supervisor's written response (Appendix 5) to response, including the Grievance Review Request Form within four (4) days after reasons for the meetingdecisions. 9.4.3 Step 3 c) If the grievance is not adjusted at Step 2 to the satisfaction of the grievantresolved in step one, then the grievant, or the Association acting on his behalf, grievant may refer the grievance to the Superintendent no later than eight or the Superintendent's official designee within ten (8) 10) school days after the meeting prescribed in Step 2 step one response or within ten (10) school days after the step one meeting, whichever is heldthe later. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right for a meeting to have representatives attend the meeting, take place within ten (10) school days after of the Superintendent's receipt of the appeal. Each party shall have the right to include in the representation such witnesses and counselors as it deems necessary. Within ten (10) school days of the meeting, the grievant and the Association shall be provided with the Superintendent's written response, including the reasons for the decision. d) If the grievance has been referred is not resolved in step two, then the grievant may refer the grievance to himthe Board. Both theThe grievance is to be filed with the secretary of the Board within a reasonable length of time after receipt of the response in step two, but not to exceed twenty (20) school days of the answer received in step two. The grievance shall be placed on the agenda for presentation by the Association at the next regularly scheduled Board meeting in Closed Session. Within ten (10) school days of the meeting, the grievant and the Association shall be provided with the Board's written response, including the reasons for the decision. 9.4.4 Step 4 e) If the grievant Association is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3step three, then the grievant, or the Association acting on his behalf, may request a meeting with submit the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered grievance to the Superintendent with final and binding arbitration within thirty (30) days after to the meeting prescribed in Step 3 is held, American Arbitration Association which shall act as the grievance shall be deemed withdrawn. The Board shall meet within tenadministrator of the proceedings.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made to resolve grievances or potential grievances through free and informal communications between the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both thethe Superintendent and the grievant may have others present who might contribute to an acceptable adjustment of the grievance. The Superintendent shall provide his written decision (Appendix 6) concerning the grievance and any adjustment of it to the grievant and the recognized employee organization within ten (10) days after the meeting. 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance shall be deemed withdrawn. The Board shall meet within tenten (10) days after mutual agreement for a meeting with the grievant and/or with representatives of the Association, unless the Association waives its right to have representatives attend such meetings: and within twenty (20) days after such meetings, the board shall render a written decision respecting the grievance.

Appears in 1 contract

Sources: Negotiated Agreement

Procedures. 9.4.1 Step 1 Every effort A. Stage One The employee shall attempt to resolve any potential grievance in an informal discussion with his/her immediate supervisor within twenty (20) work days of the event giving rise to the alleged violation of this Agreement. The immediate supervisor shall respond orally within twenty (20) work days of the informal discussion. B. Stage Two If the grievance cannot be resolved at Stage One, the employee shall file a written grievance with his/her immediate supervisor. Such written statement of grievance shall be made to resolve grievances or potential grievances through free and informal communications between filed within ten (10) work days from the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the formoral response of the immediate supervisor and shall contain a statement of the factual basis of the grievance and the section or sections of the Agreement which are alleged to have been violated. The grievant, his immediate supervisor, and a representative supervisor shall respond in writing within ten (10) work days of receipt of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the written grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 C. Stage Three If the grievance is not adjusted resolved at Step 2 Stage Two, the ESP and Association may appeal the decision of the immediate supervisor in writing to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the District Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) work days after of receipt of the written decision of the immediate supervisor. The District Superintendent shall schedule a conference with the employee and the Association within ten (10) work days to discuss the grievance has been referred to him. Both theand shall respond in writing within ten (10) work days of the conference. 9.4.4 Step 4 D. Stage Four If the grievant grievance is not satisfied with the disposition of his grievance satisfactorily resolved at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3Stage Three, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered shall submit to the Superintendent with thirty within twenty (3020) work days after of receipt of the meeting prescribed answer in Step 3 is heldStage Three, a written request on behalf of the grievance to enter into binding arbitration. Arbitration proceedings shall be deemed withdrawnconducted by an arbitrator to be selected from a roster of arbitrators provided by the American Arbitration Association. Expenses for the arbitrator's services will be borne equally by the District and the Association. The arbitrator's decision shall be binding on all parties. The arbitrator shall not amend or modify any of the provisions of this Agreement. The arbitrator's authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the School District and the Association and shall be based solely on the wording of this Agreement. The Board shall meet within tenacknowledges the right of the ESP to request the Association's grievance representative to be present at any level of the grievance.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every 1. Grievance proceedings shall be kept informal at all levels of this procedure. 2. The number of days indicated at each level of this procedure shall be considered maximum, and every effort shall be made to resolve grievances or potential grievances through free and informal communications between expedite the grievant and his immediate administrative supervisorprocess. 3. However, if such informal processes fail If the District fails to provide an acceptable adjustment of comply with the grievancetime limit requirements as set forth in these procedures, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction matter will be adjudicated in favor of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. 4. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied or the Union fails to comply with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed limit requirements as set forth in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is heldthese procedures, the grievance shall be deemed withdrawnconsidered null and void. 5. The Board time limits set forth herein may be extended by mutual written agreement of the parties. 6. A grievance shall meet within tennot be considered unless the grievant initiates the grievance no later than five (5) working days after the grievant became aware of the circumstances which gave rise to the grievance. 7. A grievant may be accompanied and represented by the Federation at any hearing or meeting conducted under this procedure. In the case of a District-filed grievance, the District may be represented at any hearing or meeting conducted under this procedure by a District administrator or counsel of choice. The party in interest against whom the grievance has been filed may be accompanied and represented by a representative of the parties choice at any hearing or meeting conducted under this procedure. 8. No reprisal or retaliation by any party to the grievance shall be taken against either a grievant or a party in interest, including any witnesses, as a result of participation by the grievant or the party in interest in the processing and the proceedings of a grievance. 9. An employee, acting individually, may present a grievance without the intervention of the Federation provided the grievance has been processed in accordance with this procedure. At any hearing of a grievance brought individually by an employee, the Federation, as a party to this Agreement, will be afforded the opportunity to be present and present its views. Any adjustment shall be consistent with the provisions of this Agreement. 10. Nothing contained herein shall be construed to limit in any way the ability of the District and the grievant to resolve any grievance through informal means, if such resolution is consistent with the provisions of this Agreement. 11. The parties shall cooperate in any investigation which may be necessary in order to expedite the process. 12. All documents related to a grievance shall be maintained as a permanent file separate from the employee's personnel file. File maintenance documents and documentation related to an employee's performance or discipline which were introduced during the grievance process may be filed in the employee's personnel file unless they are removed as part of the grievance redress. 13. All grievances and grievance responses shall be processed in accordance with this Agreement. 14. Unless otherwise agreed to by the parties, the processing of grievances shall be conducted before or after the grievant's work day. 15. All grievances shall be processed in accordance with this Agreement. This is the only grievance procedure available to the parties covered by this agreement. 16. A grievance cannot be filed by a former employee after the effective date of resignation. 17. Grievances submitted on behalf of the District shall be initiated by the Superintendent or his/her designee by filing the grievance with the Union President or designee at Level Three. 18. Prior to filing of any grievance, all effort should be made to resolve the issue informally between the employee(s) and the immediate supervisor or between the Union and the District as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties hereto acknowledge that it is usually most desirable for a teacher and his or her immediate supervisor to resolve grievances or potential grievances problems through free and informal communications between communications. When requested by the grievant and his immediate administrative supervisor. Howeverteacher, if such an Association representative may accompany the teacher to assist in the informal processes fail to provide an acceptable adjustment resolution of the grievance. If, however, the grievant informal process fails to satisfy the teacher and/or the Association, a grievance may proceed to be processed as follows: 7.2.1 Step 2. 9.4.2 Step 2 1 The grievant or, at his request, and the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) present the grievance in writing to the grievant's immediate administrative supervisor immediately involved supervisor, who shall will arrange for a meeting to take place within four (4) 7 days after the receipt of the grievance. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses of the Agreement allegedly violated and shall state the remedy requested. The filing of the formal, written grievance at Step 1 must be within 20 days from the date of the occurrence or from the time when the grievance might reasonably have been ascertained, The Association representative, the grievant and the immediately involved supervisor shall be present for the meeting. Within 8 days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decision. 7.2.2 Step 2 If the grievance is not resolved at Step 1, then the grievant or the Association may appeal the grievance to the Superintendent or his/her designee within 6 days after receipt of the formStep 1 answer. The grievant, his immediate supervisor, and Superintendent or his/her designee shall arrange with the grievant or the Association representative for a representative meeting to take place within 10 days of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment Superintendent's receipt of the grievance. The supervisor shall provide Within 8 days of the meeting, the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet be provided with the grievant and with representatives of Superintendent's written response, including the Association, unless reasons for the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance shall be deemed withdrawn. The Board shall meet within tendecision.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort The parties hereto acknowledge it is usually most desirable for an employee and the employee’s immediately involved administrator to resolve problems through free and informal communications. An attempt shall be made to resolve grievances or potential grievances through free any grievance in informal, verbal discussion between complainant and informal communications between the grievant and his his/her immediate administrative supervisor. HoweverThen, if such requested by the employee, an Association representative may accompany the employee to assist in the informal processes fail to provide an acceptable adjustment resolution of the grievance. If, however, the grievant informal process fails to satisfy the employee or the Association, a grievance may proceed to be processed as follows: 6.1.1 Step 2. 9.4.2 Step 2 1 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall Assistant superintendent or Principal will arrange for a meeting to take place within four ten (410) days after receipt of the formgrievance. The Association’s representative, the grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, Assistant Superintendent or Principal shall attend be present for the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding Within ten (10) days of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide meeting, the grievant and recognized employee organization the Association shall be provided with a written response response, including the reasons for the decision. A grievance must be submitted within fifteen (Appendix 515) days of the date of the alleged violation. (2001) 6.1.2 Step 2 If the grievance is not resolved at STEP 1, then the Association may refer the grievance to the Grievance Review Request Form Superintendent, or the Superintendent’s official designee within four ten (410) days after receipt of the meeting.STEP 1 answer. The Superintendent shall schedule the STEP 2 grievance meeting within ten (10) days of receipt of the referral from the Teachers’ Association. The Superintendent, or his/her designee, shall file and answer within ten (10) days of the STEP 2 grievance meeting and communicate it in writing to the Employee, the Assistant Superintendent or Principal, and the Association President. (2001) 9.4.3 6.1.3 Step 3 If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievantSTEP 2, then the grievant, or Association and the Association acting on his behalf, may superintendent will refer the grievance to the Superintendent no later than eight (8) days after board of education to be discussed at the meeting prescribed in Step 2 is heldnext regular board meeting. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within Within ten (10) days after of the grievance has been referred to him. Both themeeting, the Grievant and Association shall be provided with a written response. 9.4.4 6.1.4 Step 4 If the grievant teacher or the Association is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step STEP 3, then the grievant, or the Association acting on his behalf, may request a meeting with submit the Board. Upon mutual agreement grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of both parties, Step 4 would occurthe American Arbitration Association which shall act as the administrator of the proceedings. If a request demand for a meeting with the Board arbitration is not delivered to the Superintendent with filed within thirty (30) days after of the meeting prescribed in Step date of the STEP 3 is heldanswer, then the grievance shall be deemed withdrawn. The Board shall meet within ten.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1. An employee having a grievance may, within ten (10) days following the occurrence of the event giving rise to the grievance, present the written grievance to the ▇▇▇▇, Director or Department Chair setting forth the complete facts on which the grievance is based, the specific provision or provisions allegedly violated, and the relief requested. The Division of Human Resources shall schedule a meeting between the grievant, the grievant's ▇▇▇▇▇▇▇/AFSCME Employee Representative, grievant's supervisor, and any other appropriate individual within ten (10) days following receipt of the grievance if no postponement is requested, or receipt of written notice that the grievant wishes to proceed with the Step 1 Every effort meeting if a postponement was previously requested. The grievant shall have the right to present any evidence in support of the grievance at this meeting. If the meeting does not result in resolution of the grievance, the ▇▇▇▇, Director or Department Chair will proceed with processing the grievance and issuing a written decision, stating the reasons therefor, to grievant's ▇▇▇▇▇▇▇/AFSCME Employee Representative within ten (10) days following the receipt of the grievance or the conclusion of the meeting, unless an extension has been granted. If an extension was granted, the decision shall be made issued by the agreed upon date. A copy of the decision shall be sent to resolve grievances or potential grievances through free and informal communications between the grievant and his immediate administrative supervisorto the Local AFSCME President if grievant elected not to be represented by AFSCME. However, if such informal processes fail In the absence of an agreement to provide an acceptable adjustment of extend the grievanceperiod for issuing the Step 1 decision, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to if the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt ▇▇▇▇▇▇▇/AFSCME Employee Representative has not received the written decision by the end of the form. The grievant, his immediate supervisor, and a representative 10th day following the conclusion of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the Step 1 meeting. 9.4.3 Step 3 1. If the grievance is not adjusted satisfactorily resolved at Step 2 to 1, the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, grievant may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet file a written request for review with the grievant and with representatives Vice President of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, Human Resources/designee within ten (10) days after following receipt of the Step 1 decision by grievant's ▇▇▇▇▇▇▇/AFSCME Employee Representative. When the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance eligible for initiation at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held2, the grievance shall be deemed withdrawnform must contain the same information as a grievance filed at Step 1 above. The Board Vice President of Human Resources/designee and grievant's AFSCME Staff Representative shall meet schedule a meeting for the purpose of reviewing the matter. 2. The Vice President of Human Resources/designee shall issue a written decision, stating the reasons therefor, to grievant's ▇▇▇▇▇▇▇/AFSCME Staff Representative within tenten (10) days following the receipt of the grievance or the conclusion of the meeting. In the absence of an agreement to extend the period for issuing the Step 2 decision, AFSCME may proceed to Step 3 if the ▇▇▇▇▇▇▇/AFSCME Staff Representative has not received the written decision by the end of the 10th day following the conclusion of the Step 2

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made to The parties acknowledge that an Association member and the Administration/Board may resolve grievances or potential grievances problems through free and informal communications between the grievant and his immediate administrative supervisorcommunications. However, if such informal processes fail to provide an acceptable adjustment should a grievance occur, the steps below shall be followed. During the summer, time limits shall be business days rather than school days. By mutual agreement, any step of the grievancegrievance procedure may be bypassed. If no written decision has been rendered within the time limits indicated by a step, then the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) grievance shall be automatically appealed to the grievant's immediate administrative supervisor next step. STEP ONE: The filing of a formal, written grievance must be within twenty (20) days from the date of the occurrence(s) of the event giving rise to the grievance. The Association or the ▇▇▇▇▇▇▇▇ shall present the grievance to the immediately involved supervisor, who shall will arrange for a meeting to take place within four ten (410) days after receipt of the formgrievance. The grievant, his immediate supervisor, and a representative of grievant and/or the Association, unless 's representative and the Association waives its right to have its representative present, immediately involved supervisor shall attend be present for the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding Within ten (10) days of the facts and issues or otherwise contribute to an acceptable adjustment of meeting, the grievanceAssociation shall be provided with the supervisor's written response, including the reasons for the decision. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 STEP TWO: If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievantOne, then the grievant, or the Association acting on his behalf, may refer the grievance in writing to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, Superintendent's official designee within ten (10) days after receipt of the Step One answer. The Superintendent shall arrange, with the Association representative, for a meeting to take place within ten (10) days of the Superintendent's receipt of the appeal. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent's written response, including the reasons for the decision. STEP THREE: If the grievance has been referred is not resolved at Step Two, then the Association may refer the grievance in writing to himthe Board within ten (10) days after receipt of the Step Two answer. Both the 9.4.4 Step 4 The grievance shall be heard at the next regularly scheduled Board meeting unless such meeting is less than 5 (five) days from the receipt of the Association’s written notice in which case the grievance shall be heard at the next following regularly scheduled meeting. Following such a meeting, the Board shall issue a decision on the grievance within ten (10) days. STEP FOUR: If the grievant Association is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3Three, then the grievant, or the Association acting on his behalfmay submit the grievance to final and binding arbitration. The Association may submit, may request a meeting with the Board. Upon mutual agreement of both partiesin writing, Step 4 would occur. If a request for a meeting with on behalf of the Board is not delivered Association and the grieving TRS Eligible Licensed Professional member to the Superintendent with within thirty (30) days after from the meeting prescribed in receipt of the Step 3 is held, the grievance Three answer to enter into such arbitration. The arbitration proceedings shall be deemed withdrawn. The Board shall meet conducted by an arbitrator to be selected by the two parties within ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties hereto acknowledge that it is usually most desirable for a teacher and his/her immediately involved supervisor to resolve grievances or potential grievances problems through free and informal communications between communications. When requested by the grievant and his immediate administrative supervisor. Howeverteacher, if such a Union representative may accompany the teacher to assist in the informal processes fail to provide an acceptable adjustment resolution of the grievance. If, however, the grievant informal process fails to satisfy the teacher or the Union, a grievance may proceed to be processed as follows: Step 2. 9.4.2 Step 2 #1 The grievant or, at his request, teacher or the Association on his behalf, Union may submit an executed Grievance Review Request Form (Appendix 4) present the grievance in writing to the grievant's immediate administrative supervisor principal who shall will arrange for a meeting to take place within four seven (47) days after receipt of the formgrievance. The grievantA union representative, his immediate supervisorif desired by the teacher, and a representative of the Association, unless the Association waives its right to have its representative present, principal shall attend be present for the meeting. In additionWithin seven (7) days of the meeting, both the supervisor and the grievant may have presentshall be provided with the principal’s written response, others who might contribute to a better understanding of including the facts and issues or otherwise contribute to an acceptable adjustment of reasons for the grievancedecision. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 #2 – If the grievance is not adjusted resolved satisfactorily at Step 2 to the satisfaction of the grievant#1, then the grievant, or the Association acting on his behalf, grievant may refer the grievance to the Superintendent no later than eight or his/her official designee within six (8) 6) days after the meeting prescribed in receipt of the Step 2 is held#1 answer. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right Union for a meeting to have representatives attend the meeting, take place within ten (10) days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) days of the meeting, the employee or the Union shall be provided with the Superintendent’s written response, including the reasons for the decision. Step #3 – Should the grievant not be satisfied with the disposition of the grievance at Step #2, the grievant may within ten (10) working days of receiving the decision appeal to the Board of Education. This appeal, directed to the secretary of the Board, will be in writing and will be accompanied by a copy of the complaint and the decision rendered at Step #2. The Board will meet on the matter at the regularly scheduled board meeting, providing the appeal is received by the Board Secretary at least forty-eight (48) hours before the regularly scheduled meeting of the Board. This meeting will consist of the Board, Superintendent, Complainant, and his/her Union representative, if desired. Within five (5) working days after the grievance has been referred meeting, the Board will provide a written decision, with supporting reasons, to himall parties involved. Both the 9.4.4 Step #4 If the grievant Union is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step #3, then attorneys from both sides will meet to arrive at a resolution. Each attorney’s costs will be at each organization’s own expenses. Step #5 – If the grievant, or the Association acting on his behalf, may request a meeting Union and/or Board are not satisfied with the Board. Upon mutual agreement disposition of both partiesthe grievance at Step #4, Step 4 would occurthe Union and/or board may submit the grievance to final and binding arbitration. If a request for a meeting with the Board arbitration is not delivered to the Superintendent with filed within thirty (30) days after of the meeting prescribed in date for the Step 3 is held#4 answer, then the grievance shall be deemed withdrawn. Expenses for the Arbitrator’s services shall be borne equally by the Board and Union. The arbitration proceeding shall be conducted by an Arbitrator to be selected by the two parties within seven (7) days. The American Arbitration Association of A. No teacher shall be required to discuss any grievance in the absence of a representative unless said teacher so desires. B. No reprisals of any kind shall be taken by the Board or the Union against a teacher because of his/her participation in this grievance procedure. C. All records dealing with the process of a grievance shall meet within tenbe filed separately from the personnel files of the participants. D. The time limits at the step of this grievance procedure may be extended by written mutual agreement. E. A grievant may withdraw a grievance at any time without prejudice.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort A good faith attempt shall be made to resolve grievances or potential grievances through free and any grievance ibn an informal communications discussion between the grievant and his immediate administrative the appropriate supervisor. HoweverAlthough nothing herein shall prevent an employee from having Association representation throughout any step of the grievance procedure, if such the Association and the Board strongly encourage employees and their supervisors to resolve problems in an informal processes fail to provide an acceptable adjustment atmosphere, without third party intervention, using this open dialogue and good faith before disputes become formal grievances. Step 2 If the grievance cannot be resolved informally, the grievant or the Association may file the grievance in writing with the Director of Buildings and Grounds, or other appropriate supervisor. The written grievance should state the nature of the grievance, the specific clause or clauses of the Agreement violated, and the remedy requested. Filing of the written grievance must be done within fifteen (15) days, or as otherwise mutually agreed between the Board and the Association, from the date of the occurrence of the event giving rise to the grievance or when the grievant may proceed could reasonably have had knowledge thereof. The supervisor shall within ten (10) days of receipt of the grievance Step 3 In the event a grievance has not been satisfactorily resolved at Step 2, the grievant or the Association shall file, within seven (7) days of the written answer to Step 2. 9.4.2 Step 2 The grievant , or, at his requestif no answer is received within the time specified in Step 2, within seven (7) days of the Association on his behalfdate when the answer was due, may submit an executed Grievance Review Request Form a copy of the grievance with the Superintendent or his/her designee. Within ten (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (410) days after receipt of such written grievance is filed, a meeting shall be scheduled with the form. The grievantaggrieved, his immediate supervisor, and a representative of the Association, unless the supervisor, and the Superintendent or his/her designee. The Superintendent or his/her designee shall file an answer with the grievant, the supervisor, and the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response President within seven (Appendix 5) to the Grievance Review Request Form within four (47) days after the of that meeting. 9.4.3 Step 3 4 If the grievance is not adjusted at Step 2 to the satisfaction of the grievantresolved, then the grievant, or the Association acting on his behalf, may refer the grievance to arbitration by giving written notice to the Superintendent or his/her designee within ten (10) days of the receipt of the Step 3 answer or, if no later than eight (8) days after answer is received within the meeting prescribed time specified in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting3, within ten (10) days after of the grievance has been referred to him. Both the 9.4.4 Step 4 If date when the grievant is not satisfied with the disposition of his grievance at Step 3 answer was due, or if the Superintendent has not provided a written decision within extend the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon lines upon mutual agreement of both the parties. The arbitrator shall be selected from a panel(s) to be secured from the American Arbitration Association, Step 4 would occurwhich shall act as administrator of the proceedings. The parties may, by mutual agreement, submit more than one grievance to the same arbitrator. The arbitrator shall have no right or authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of the Agreement. The fees and the expenses of the arbitrator shall be divided equally between the Board and the Association, provided that each party shall be responsible for compensating its own representatives or witnesses. If one party requests a written transcript, that party shall pay the entire cost for the transcript. If both parties request for a meeting with transcript, the cost shall be divided equally between the Board is not delivered to and the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance shall be deemed withdrawn. The Board shall meet within tenAssociation.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort All time limits referred to in this Article shall consist of working days, except that during summer vacation periods, time limits shall consist of school district office workdays. A grievance may be initiated by a teacher or by the Association. The procedure for processing a grievance shall be made to resolve grievances as follows: STEP 1: The grievant may first discuss the matter with the Superintendent with the objective of resolving the matter informally. Nothing contained in this Article of the AGREEMENT shall prohibit or potential grievances through free and informal communications between prevent the Superintendent or the grievant and from having a person of his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment own choosing from outside of the grievancebargaining unit or a consultant in attendance at any informal or formal step of the grievance procedure. STEP 2: If the grievance cannot be resolved informally, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, file the Association on his behalf, may submit an executed Grievance Review Request Form grievance in writing with the Superintendent within twenty (Appendix 420) to working days from the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt occurrence of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right event giving rise to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor written grievance shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction note all clauses of the grievantAGREEMENT which are alleged to have been violated, then and shall state the grievant, or basic facts of the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is heldclaimed violation. The Superintendent shall arrange answer this grievance in ten (10) working days in writing, submitting a copy to meet the teacher and the Association representative. STEP 3: If the grievant disagrees with the grievant and with representatives decision of the AssociationSuperintendent, unless he/she shall notify the Association or the employee waives its right to have representatives attend the meeting, Superintendent in writing within ten (10) working days after of the date of receipt of his/her desire to have the grievance has been referred processed to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request Board for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance shall be deemed withdrawndecision. The Board shall meet within tentwenty (20) working days of receipt of the grievance. The parties to the grievance shall be allowed to present witnesses and have attorneys present before the Board, as deemed necessary. The Board shall provide the grievant with its written response within ten (10) working days of the meeting.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort Informal (Pre-Grievance Meetings Process) - An attempt shall be made to resolve grievances or potential grievances any grievance using an informal process. The purpose of this informal process is to encourage early communication about concerns and to facilitate open discussion about those concerns in order to attempt to reach a resolution. This process will include the complainant and the administrator with direct responsibility to the incident, and upon request, Association representatives and/or other District Administrators. 1. Step I - In the event the grievance is not resolved through free and the informal communications between process, the grievant shall file a formal grievance in writing with his/her immediate supervisor, and/or the Administrator with direct responsibility. The written grievance shall note the specific clause or clauses of the Agreement allegedly violated and his immediate administrative supervisorshould state the remedy requested. However, if such informal processes fail The grievance must be filed within 45 calendar days from the date of the occurrence of the event giving rise to provide an acceptable adjustment of the grievance, or from the date when the grievant may proceed might reasonably have had knowledge thereof. The supervisor or other administrator who has authority to Step 2. 9.4.2 Step 2 The grievant ormake a decision on the grievance shall make such decision and communicate it in writing to the teacher, at his requestSuperintendent, Associate Superintendent for Human Resources/Professional Learning, and the Association on his behalf, may submit an executed Grievance Review Request Form within ten (Appendix 410) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) working days after from receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the written grievance. The supervisor response shall provide include the grievant and recognized employee organization with a written response (Appendix 5) to reasons for the Grievance Review Request Form within four (4) days after the meetingdecision. 9.4.3 2. Step 3 II – If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievantI, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, shall file within ten (10) working days after of the Step I response, a copy of the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if Superintendent and the Associate Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request for Human Resources/ Professional Learning who shall hold a meeting with the Boardgrievant and Association representative within ten (10) working days from the date of receipt of the Step II appeal. Upon mutual agreement The Associate Superintendent for Human Resources/Professional Learning shall issue a written determination to the grievant within ten (10) working days after the Step II meeting. This answer shall include the reasons for the decision. 3. Step III - In the event a grievance has not been satisfactorily resolved at the second step, the grievant shall file within ten (10) working days of both partiesthe supervisor's written decision and reason(s) at the second step, Step 4 would occura copy of the Grievance with the Superintendent. If a request for Within ten (10) working days after such written grievance is filed, the Superintendent, or designee, shall hold a meeting with the Board is not delivered grievant and the Association representative. 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 Superintendent with thirty (30) days after grievance. Upon conclusion of the meeting prescribed in Step 3 is heldhearing, the grievance Superintendent shall be deemed withdrawn. The Board shall meet within tenhave ten (10) working days in which to provide the written decision, with reasons, to the grievant and the Association.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties hereby acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve grievances or potential grievances problems through free and informal communications between communications. When requested by the grievant and his immediate administrative supervisoremployee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. HoweverIf, if such however, the informal processes fail process fails to provide an acceptable adjustment satisfy the employee or the Association, a grievance may be processed as follows: ▪ Step I—Within twenty (20) days following the occurrence of the event giving rise to the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, employee or the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) present the grievance in writing to the grievant's immediate administrative supervisor supervisor, who shall will arrange for a meeting to take place within four ten (410) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor written grievance shall provide include: 1) the factual basis for the grievance; 2) the provisions of this agreement which are alleged to have been violated or misapplied; and 3) a specific remedy requested. Within ten (10) days of the meeting, the grievant and recognized employee organization the Association shall be provided with a the immediate supervisor’s written response (Appendix 5) to response, including the Grievance Review Request Form within four (4) days after reasons for the meeting. 9.4.3 decision. ▪ Step 3 II—If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievantI, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, Superintendent’s official designee within ten (10) days after the grievance has been referred receipt of the Step I answer. The Superintendent or designee shall arrange with the Association representatives for a meeting to himtake place within ten (10) days of the Superintendent’s receipt of the appeal. Both the 9.4.4 Each party shall have the right to include in its representation such witnesses and internal representatives as it deems necessary to develop the facts pertinent to the grievance. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent or designee’s written response, including the reasons for the decision. ▪ Step 4 III—If the grievant Association is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3II, then the grievant, or the Association acting on his behalfmay submit the grievance to final and binding arbitration through the American Arbitration Association (“AAA”), may request a meeting with which shall act as the Board. Upon mutual agreement administrator of both parties, Step 4 would occurthe proceedings. If a request demand for a meeting with the Board arbitration is not delivered to the Superintendent with thirty filed within twenty (3020) days after of the meeting prescribed in date for the Step 3 is heldII answer, then the grievance shall be deemed withdrawn. a. The arbitrator shall have no power to alter the terms of this Agreement nor to amend, modify, nullify, ignore, or add to the provisions of this Agreement. Their authority shall be strictly limited to deciding only the issue or issues presented to them in writing by the parties involved and their decision must be based solely and only upon their interpretation of the meaning or application of the express relevant language of this Agreement. DocuSign Envelope ID: DFC17043-752D-46F0-BCED-D429D7A717D0 b. The Board and the Association shall meet within tenbear equally the costs of arbitration proceedings. All legitimate expenses incurred by the arbitrator and their fee shall be shared equally by the Board and the Association. Each party shall be responsible for compensating its own legal counsel, representatives and witnesses if they are necessary to process the grievance. c. If either party requests a transcript of the proceedings, that party shall bear the full cost of that transcript. If both parties order a transcript, the cost of the two transcripts shall be divided equally between the parties. If a copy of the transcript shall be furnished to the arbitrator, the cost of such shall be paid as part of the costs for the arbitration proceedings. d. All claims for back wages shall be limited to the amount of wages that an employee would have otherwise earned plus interest, less any state unemployment compensation or other salary they may have earned on a replacement job during the period of back pay.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The Board and Association acknowledge that it is usually most desirable for an Employee and the School Principal to resolve grievances or potential grievances problems through free and informal communications between communications. When requested by an Employee, an Association representative may accompany the grievant and his immediate administrative supervisor. However, if such Employee to assist in the informal processes fail to provide an acceptable adjustment resolution of the grievance. If, however, the grievant informal process fails to satisfy the Employee, a grievance may proceed to be processed as follows: A. Step 2. 9.4.2 Step 2 I - The grievant or, at his request, Grievant may present the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) grievance in writing to the grievant's immediate administrative supervisor supervising principal who shall will arrange for a meeting to take place within four five (45) days of receiving the grievance. If the grievance is not received within ten (10) days of the event-giving rise to the grievance or when the grievance could have been reasonably ascertained, it is waived. The Association’s representative, the Grievant, and the Principal will be present for the meeting. Within ten (10) days of the meeting, the Grievant and the Association will receive the Principal’s written response, including the reasons for the response. B. Step II - If the grievance is not resolved at Step I, then the Association or Grievant may appeal the grievance to the Superintendent or designee within five (5) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues Step I response or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance it is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is heldwaived. The Superintendent shall or designee will arrange to meet with the grievant and with representatives of the Association, unless the Association or Grievant for a meeting to take place within five (5) days of the employee waives its Superintendent or designee’s receipt of the appeal. Each party will have the right to have representatives attend the meeting, within include in its representation such witnesses and counselors as it deems necessary. Within ten (10) days after of the grievance has been referred to him. Both themeeting, the Association or Grievant will receive the Superintendent or designee’s written response, including the reasons for the response. 9.4.4 C. Step 4 III - If the grievant Association is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3II, then the grievant, or the Association acting on his behalf, may request a meeting with advance the Board. Upon mutual agreement grievance to final and binding arbitration through the Federal Mediation and Conciliation Service (FMCS) which will act as the administrator of both parties, Step 4 would occurthe proceedings. If a request demand for a meeting arbitration is not filed with the Board is not delivered to the Superintendent with FMCS within thirty (30) calendar days after of the meeting prescribed in date for Step 3 is heldII response, the grievance shall will be deemed withdrawnwithdrawn and waived. The Board shall meet within tenarbitrator will have no power to alter or amend the terms of this Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort The School District and the grievant shall be made attempt to resolve all grievances or potential grievances through free which arise during the course of employment in the following manner: (1) The grievant must bring problems relating to this Agreement to the attention of his/her building administrator within 20 working days of becoming aware of the situation. (2) The grievant and building administrator shall attempt to informally resolve the grievance. In the event the problem is not resolved within 10 working days, the grievant may initiate formal written procedures. (3) The grievant must submit the formal written grievance to the building administrator within 10 working days following the informal communications between procedures. The parties have 10 working days to resolve the grievance. (4) In the event the grievance is not resolved thereby, the grievant may, within 10 working days, meet with the superintendent in an effort to resolve the grievance. The parties have 10 working days to resolve the grievance. (5) In the event the grievance is not resolved thereby, the grievant may, within 10 working days, meet with the School Board in an effort to resolve the grievance. The parties have 10 working days to resolve the grievance. (6) In the event the grievant and his immediate administrative supervisor. However, if such informal processes fail the School Board are unable to provide an acceptable adjustment of resolve the grievance, the grievant may proceed may, within 10 working days, submit the grievance to Step 2binding arbitration according to the procedure set forth in P.E.L.R. A. The grievant must promptly notify the superintendent or School Board chair that the grievance has been submitted to binding arbitration. 9.4.2 Step 2 The grievant or, at his request(7) Within 10 working days after the request to arbitrate, the Association grievant and the School Board shall meet in an attempt to agree upon an arbitrator. If no agreement on his behalfan arbitrator is reached, may either party may, within 10 working days, request the Bureau of Mediation Services to submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) panel of arbitrators. Within 10 days after receipt of the form. The grievantpanel, his immediate supervisorthe parties shall alternately strike names, and a representative of the Association, unless remaining name shall be the Association waives its right arbitrator to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of hear the grievance. The supervisor shall provide order of striking will be determined by the grievant and recognized employee organization with flip of a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meetingcoin. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance shall be deemed withdrawn. The Board shall meet within ten

Appears in 1 contract

Sources: Teacher Master Agreement

Procedures. 9.4.1 Step The adjustment of grievances will be accomplished as rapidly as possible. In order to insure rapid resolution of grievances, the number of days within which each step is prescribed to be accomplished shall be considered as maximum and every effort shall be made to expedite the process. Failure by the district and/or respondent to comply with the time limits shall cause the grievance to be waived. Failure by the district to comply with the time limits shall be construed as a denial of the grievance at that level. Under unusual circumstances, the time limits prescribed in this section may be extended by mutual consent of the grievant and the District and/or respondent. LEVEL 1 The grievant shall first discuss the grievance with the employee’s immediate supervisor in private conferences within twenty (20) days of the occurrence of the event upon which the grievant became aware or reasonably should have become aware of the events upon which the grievance is based, whichever shall be later. Every effort shall be made to resolve grievances or potential grievances through free and adjust the grievance in an informal communications between manner. If the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment is dissatisfied with the outcome of the grievanceinitial private conference, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his must request, in writing, a formal conference with the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and at which time the grievant may have present, others who might contribute be accompanied by a representative from the grievance committee. Every effort should be made to a better develop an understanding of the facts and issues or otherwise contribute in order to an acceptable adjustment create a climate which will lead to a solution. The formal conference shall occur within five (5) days of the grievancewritten request or the informal conference. The supervisor shall provide In the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If event that the grievance is not adjusted resolved at Step 2 to ▇▇▇▇▇ ▇, the satisfaction of grievant may within ten (10) days appeal the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance matter in writing to the Superintendent no later than eight (8) days after of the meeting prescribed in Step 2 District or another administrator provided by the ESD when the grievant’s immediate supervisor is heldalso the Superintendent. The Superintendent Superintendent, the Superintendent’s designated representative, or other named administrator shall arrange to meet confer with the grievant and with representatives of in an effort to meet a satisfactory solution within a reasonable time limit. If the Association, unless the Association or the employee waives its right to have representatives attend the meeting, grievance has not been resolved within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied was discussed with the disposition of his grievance at Step 3 Superintendent or if the Superintendent has not provided a written decision within the time prescribed in Step 3Superintendent’s designee pursuant to ▇▇▇▇▇ ▇ above, then the grievant, or the Association acting on his behalf, grievant may request a meeting with the BoardBoard of Directors for the purpose of presenting the grievance to the Board of Directors of the District. Upon mutual agreement of both parties, Step 4 would occur. If a The request for a the meeting with the Board is not delivered to of Directors shall be in writing and filed with the Superintendent with thirty of the District as Secretary of the Board of Directors. The Board of Directors will, within fifteen (3015) days after the meeting prescribed receipt of the written request, confer with the grievant and within five (5) days, render a decision to be submitted to the grievant in Step 3 is held, writing. In the event that the grievance shall be deemed withdrawn. The Board shall meet is not settled by the disposition of the Board, then within tenfive

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made to The parties acknowledge that a teacher and an administrator may resolve grievances or potential grievances problems through free and informal communications between as long as the grievant and his immediate administrative supervisoradjustment is not inconsistent with the terms of the collective bargaining agreement then in effect, provided the Bargaining Representative has been given an opportunity to be present at such adjustment. The informal disposition of problems in no way prohibits the Association from filing a grievance, nor does it establish a precedent. However, if such informal processes fail a grievance shall be processed as follows: Step I The grievant shall present the grievance in writing, signed, dated and specifying the remedy sought, to provide an acceptable adjustment the administrator within (10) days of the grievanceoccurrence, or date the grievant may proceed had knowledge of the occurrence, whichever is later, stating the Article and Section of the Agreement alleged to Step 2. 9.4.2 Step 2 have been violated. The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall administrator will arrange for a meeting to take place within four ten (410) days after of receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response Within ten (Appendix 5) to the Grievance Review Request Form within four (410) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, the grievant shall be provided with the administrator’s written response, including reasons for the decision. Step II Failing to reach an amicable resolution at Step I, the grievant may request a hearing on the grievance with the Willow Grove Board of Education. The request for a Step II hearing with the Board of Education shall be submitted to the Board of Education President within ten (10) days after of the administrator’s written response at Step I, or the grievance has shall be deemed to have been referred withdrawn. Within thirty (30) days of the request for a hearing, the Board of Education shall commence a meeting to himhear the issue. Both theEach party shall have the right to include in its representation such witnesses as it deems necessary. Within ten (10) days of the hearing, the grievant shall be provided with the Board’s written response, including the reasons for the decision. 9.4.4 Step 4 III If the grievant Association is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3II, then the grievant, or the Association acting on his behalf, may request a meeting submit the grievance to binding arbitration with the Board. Upon mutual agreement American Arbitration Association which shall act as the administrator of both parties, Step 4 would occurthe proceedings. If a request demand for a meeting arbitration is not filed with the Board is not delivered to the Superintendent with within thirty (30) days after of the meeting prescribed in date of the Step 3 is heldII answer, then the grievance shall be deemed to have been withdrawn. A. The Arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The Board arbitrator shall meet within tenconsider and decide only the specific issues submitted to him/her in writing, and his/her decision shall be based solely upon his/her interpretation of the meaning or application of the specific terms of this Agreement to the facts of the grievance presented. B. Each party shall bear the full costs for its representation in the grievance procedure. C. The fees and expenses of the arbitrator shall be shared equally by the parties. D. If only one party requests the presence of a court reporter; that party shall bear the cost of the reporter. If both parties request a court reporter, they shall share the costs. E. If only one party requests the postponement of an arbitration hearing, that party shall bear the cost of such postponement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every The number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The failure of an employee of the Union to act on any grievance within the prescribed time limits shall constitute a waiver of the alleged grievance and will act as a bar to further appeal. An administrator's failure to give a decision within the prescribed time limits shall permit the grievant to proceed to the next step. The time limits may be extended by mutual consent. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee or their representative, shall be conducted so as to result in no interference with or interruption whatsoever of the duties and related work activities of the grieving employee or of any other employee. The employer shall solely determine whether an interference has occurred under this paragraph. STEP 1: An attempt shall be made to resolve grievances or potential grievances any grievance under this Article orally, through free and an informal communications discussion between the grievant and his his/her immediate administrative supervisor. HoweverIf requested by the alleged aggrieved employee, if such a representative may be present at the informal processes fail to provide an acceptable adjustment discussion. Grievance shall be presented within five (5) working days of the grievance, date of occurrence of the grievant may proceed event giving rise to Step 2the grievance or the grievance shall be considered waived. The immediate supervisors shall within five (5) days notify the employee of their decision. The County Conference Board shall be notified by certified mail of all grievances filed. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 STEP 2: If the grievance is not adjusted resolved informally at Step 2 to the satisfaction first step, the aggrieved employee shall file the grievance in writing with the Department Head within five (5) working days of the grievantresponse of the immediate supervisors. The written grievance shall state the nature of the grievance, then spelling out the grievantspecific clause or clauses of the Agreement which have been allegedly violated, misinterpreted, or misapplied, and shall state the Association acting on his behalfremedy requested, may refer and the grievance to date of the Superintendent no later than eight alleged violation. Within five (8) 5) working days after the Department Head received the written grievance, a meeting prescribed in Step 2 is shall be held, at a mutually agreeable time and place, with the aggrieved employee and his/her representative, to discuss and attempt to resolve the alleged grievance. The Superintendent Department Head shall arrange render a written decision to meet with the grievant aggrieved employee and with representatives the Union, within ten (10) working days following the meeting. STEP 3: In the event that the grievance has not been satisfactorily resolved in the second step, the grievance may be appealed, within five (5) working days of the Associationreceipt of the written decision, unless to the Association County Conference Board, or their designee. The Board of Supervisors or their designee shall, within fifteen (15) days, respond to the grievance in writing to the employee waives its right and the Union. The parties may by mutual Agreement and within five (5) days following the receipt of the written appeal to have representatives attend the meetingCounty Conference Board, schedule a meeting to discuss the grievance. The County Conference Board or their designee shall respond in writing to the employee and Union, within ten (10) days after following the meeting. Grievance must be taken up promptly and awards and settlements thereof shall in no case be retroactive beyond the date on which the grievance has been referred was first presented in written form. STEP 4: Grievances not settled under the preceding steps shall be submitted to himbinding arbitration, at the written request of the employee and Union. Both the 9.4.4 Step 4 If Requests must be received by the grievant is not satisfied with Employer within ten (10) working days of the disposition receipt of his grievance at Step 3 or if the Superintendent has not provided a written decision within response by the time prescribed in Step 3, then Employer to step three. Within five (5) working days from the grievant, or date of the Association acting on his behalf, may request a meeting with receipt of the Board. Upon mutual agreement of both parties, Step 4 would occur. If a written request for arbitration, the Employer and the aggrieved employee and the Union shall meet and either mutually agreed upon an arbitrator or jointly petition the Iowa Public Employment Relations Board to submit a meeting with the Board is not delivered to the Superintendent with thirty list of five (305) arbitrators. Within seven (7) days after receipt of the meeting prescribed list by parties, they shall meet and by the flip of a coin determine which party shall strike the first name on the list. They shall alternately strike names and the person whose name is left shall be the appointed arbitrator. The decision of the arbitrator shall be limited to the subject matter of the grievance and shall be restricted solely to interpretation and application of the terms of the Agreement where the alleged violation occurred. The arbitrator shall have no power to add to, subtract from or modify in Step 3 is heldpart or in whole, the grievance terms or intent of any other part of this Agreement. Both parties shall share equally the costs and expenses of the arbitration proceedings, including transcript fees and fees of the arbitrator. Each party, however, shall be deemed withdrawnresponsible for their own expenses of witnesses, representatives, attorney fees etc. Any employee found by the grievance procedure to have been wrongly disciplined, suspended, or discharged, shall be entitled to reinstatement of seniority and payment for time lost, provided however, that such payment shall take into account any penalty which it is determined would have been justified under the circumstances with an arbitration award. The Board Union may find initially that the employee does not have a grievance and all review by the Union shall meet within tencease. The employee and the Employer shall be notified immediately. Any employee, not a member of the Union, shall have the right at any time to present his/her grievance to the Employer for adjustment with or without intervention of the Union, as long as such adjustment is not inconsistent with the terms of his Agreement. WAGE PLAN - ARTICLE 21 A. The WAGE PLAN for the terms of this Agreement shall be those listed in Appendix "A" and "B". B. New employees other than seasonal, shall serve a six (6) month probationary period, and shall be hired at the minimum rate for the position. C. Check-off for Credit Union: The Employer agrees to deduct from member's paycheck authorized deductions for General Drivers Credit Union. Same will be remitted to the Treasurer of the Union as provided above. RULES AND REGULATIONS - ARTICLE 22

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step A. Level 1 Every effort shall be made - The bargaining unit member is encouraged to resolve grievances or potential alleged grievances through free and informal communications between oral settlement. If, however, the oral settlement is not satisfactory, a grievance may be filed in writing on the Grievance Report Form with the building principal within ten (10) school days of the time of its inception. The building principal shall meet with the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form within five (Appendix 45) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) school days after receipt of the grievance form and shall reply to the grievance in writing within three (3) school days of such meeting. B. Level 2 - Within five (5) school days of the receipt of such response a grievant may appeal the decision to the District Superintendent. The appeal shall be in writing on the grievance form. A copy of the appeal shall be given to the principal. The grievant, his immediate supervisor, grievant shall supply the original grievance and a representative copy of the Association, unless the Association waives its right to have its representative present, Level I disposition report with his appeal. The District Superintendent shall attend the meeting. In addition, both the supervisor and meet with the grievant may have present, others who might contribute to at a better understanding mutually agreed time within five (5) school days of the facts and issues or otherwise contribute to an acceptable adjustment receipt of the grievancegrievance form. The supervisor A disposition report (Level 2) by the Superintendent shall provide the grievant and recognized employee organization with a written response be issued within five (Appendix 5) to the Grievance Review Request Form within four (4) school days after of the meeting. 9.4.3 Step C. Level 3 If - Within five (5) school days of the grievance is not adjusted at Step 2 receipt of the District Superintendent's report a grievant may appeal his decision to the satisfaction Board of Education. The Board of Education shall set a date, time and place for a hearing on such appeal to be held within fifteen (15) school days of the grievant, then receipt of the appeal form. Five (5) school days written notice shall be given to the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent grievant must be present at the hearing. All hearings may be continued from time to time as determined by mutual agreement of the parties concerned. All hearings shall arrange be concluded within a period of sixty (60) school days. At the discretion of the Board the hearing may be held before the Board as a whole or before a committee of the Board. The Board shall render a written decision within fifteen (15) school days of such final hearing. The Board may designate a committee or representative to meet with the grievant and with representatives to discuss such decision. If the grievant has been heard by a committee of the AssociationBoard, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If and the grievant is not satisfied with the disposition decision rendered by the Board, the grievant may, within three (3) school days of his grievance at Step 3 or if the Superintendent has receipt of such decision request a review of the decision (but not provided a written further hearing) by the entire Board. This review must take place within twenty (20) school days and the final decision within of the time prescribed in Step 3Board affirming, then the grievantreversing, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered modifying its prior decision shall be given in writing to the Superintendent with thirty grievant within that time. D. Level 4 - Within ten (3010) school days after the meeting prescribed in Step 3 is heldconclusion of Level 3, the Association may, after notice to the Board in writing, refer the grievance to binding arbitration as provided in Section 903 of the Public Employee Relations Act, Act 195, and the procedures set forth in Act 195 or in the regulations of the Pennsylvania Labor Relations Board shall thereafter control. Both parties will request that the decision of the arbitrator be in writing and set forth his or her findings of fact, reasoning and conclusions on the issues submitted. The decision of the arbitrator shall be deemed withdrawnbinding upon the Board, the NHSEA and the grievant. Each case shall be considered on its merits and the collective bargaining agreement shall constitute the basis on which the decision shall be rendered. The Board arbitrator shall meet within tenbe without jurisdiction to render an award contrary to law or to add to, modify, vary, change or remove any term of this Agreement.

Appears in 1 contract

Sources: Professional Staff Contract

Procedures. 9.4.1 Step 1 Every effort shall be made The parties hereto acknowledge that it is usually most desirable for a teacher and his immediately involved supervisor to resolve grievances or potential grievances problems through free and informal communications between communications. When requested by the grievant and his immediate administrative supervisor. Howeverteacher, if such an Association representative may accompany the teacher to assist in the informal processes fail to provide an acceptable adjustment resolution of the grievance. If, however, the grievant informal process fails to satisfy the teacher or the Association, a grievance may proceed to be processed as follows: Step 2. 9.4.2 Step 2 #1 The grievant or, at his request, teacher or the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) present the grievance in writing to the grievant's immediate administrative supervisor principal who shall will arrange for a meeting to take place within four seven (47) days after receipt of the formgrievance. The grievant, his immediate supervisora representative if desired by the teacher, and a representative of the Association, unless the Association waives its right to have its representative present, principal shall attend be present for the meeting. In additionWithin seven (7) days of the meeting, both the supervisor and the grievant may have presentshall be provided with the principal’s written response, others who might contribute to a better understanding of including the facts and issues or otherwise contribute to an acceptable adjustment of reasons for the grievancedecision. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 #2 If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievant#1, then the grievant, or the Association acting on his behalf, grievant may refer the grievance to the Superintendent no later than eight or his/her official designee within six (8) 6) days after receipt of the meeting prescribed in Step 2 is held#1 answer. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless or the Association or the employee waives its right for a meeting to have representatives attend the meeting, take place within ten (10) days after of the grievance has been referred Superintendent’s receipt of the appeal. Each party shall have the right to himinclude in its representation such witnesses and counselors as it deems necessary. Both the 9.4.4 Within ten (10) days of the meeting, the employee or the Association shall be provided with the Superintendent’s written response, including the reasons for the decision. Step 4 #3 If the grievant is not satisfied with the disposition of his the grievance at Step 3 #2 or if the Superintendent has not provided a written decision within the time prescribed in Step 3limits expire without the issuance of the Superintendent’s written reply, then the grievant, or the Association acting on his behalf, may request a meeting with submit the Board. Upon mutual agreement of both parties, Step 4 would occurgrievance to final and binding arbitration. If a request demand for a meeting with the Board arbitration is not delivered to the Superintendent with filed within thirty (30) days after of the meeting prescribed in date for the Step 3 is held#2 answer, then the grievance shall be deemed withdrawn. The arbitration proceeding shall be conducted by an Arbitrator to be selected by the two parties within seven (7) days after said notice is given. If the two parties fail to reach agreement on an Arbitrator within seven (7) days, the American Arbitration Association will be requested to provide a panel of seven (7) arbitrators. Each of the two parties will alternately strike one name at a time from the panel until only one shall remain. The remaining name shall be binding on the parties. Expenses for the Arbitrator’s services shall be borne equally by the district and the Association. His authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the district and the Association and his decision must be based solely and only upon his interpretation of the meaning or application of the express relevant language of the Agreement. 1. A grievance arising from action of an administrator above the building level must be filed at Step #2. 2. No teacher shall be required to discuss any grievance in the absence of a representative unless said teacher so desires. 3. When a teacher is not represented by the Association, the Association at its request shall have the right to receive a copy of the formal, final disposition of the grievance. 4. No reprisals of any kind shall be taken by the Board or the Administration against a teacher because of his/her participation in this grievance procedure. 5. All records dealing with the processing of a grievance shall meet within tenbe filed separately from the personnel files of the participants. 6. The time limits at any step of this grievance procedure may be extended by written mutual agreement. 7. A grievant may withdraw a grievance at any time without prejudice.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 The Informal Step 1 Every effort Formal Step 1) All formal grievances shall be made rendered in writing at each step of the Grievance Procedure, except the Informal Step and shall include the name and position of the grievant, the specific provisions of the Labor Agreement, or the past practice violated, allegedly violated, the time and the place where the alleged events or conditions giving rise to resolve grievances or potential grievances through free the grievance took place, and informal communications between a general statement of the nature of the grievance and the relief sought by the grievant. 2) All formal decisions shall be rendered in writing at each step of the Grievance Procedure, except the Informal Step, and copies of answers shall be submitted to the grievant and his immediate administrative supervisorhis/her Union Representative. 3) The time limits specified herein may be waived at any step by mutual Agreement for both Parties. However, if Any such informal processes fail waiver shall be reduced to provide an acceptable adjustment writing and signed or initialed by both Parties. 4) Failure on the part of the grievance, Township to answer grievances within the grievant may proceed specified time limits will permit the grievance to Step 2advance to the next step. 9.4.2 Step 2 The grievant or, 5) Grievances not filed at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) appropriate step within the specified time limits shall be considered dismissed. Any Bargaining Unit Employee who believes that he/she have a claim arising under the terms of this Labor Agreement with regard to the grievant's immediate administrative supervisor who interpretation or application of this Labor Agreement including disciplinary actions, shall arrange for reduce said grievance to writing as provided herein and submit the same within five (5) days of the said occurrence or within five (5) days of the date the Employee gains knowledge of the occurrence of said grievance to the Fire Chief or his/her designee. The Fire Chief or his/her designee shall schedule a meeting to take place with the Employee and his/her Union Representative within four five (45) days after receipt of from the form. The grievant, his immediate supervisor, and a representative of date the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues Fire Chief or otherwise contribute to an acceptable adjustment his/her designee is informed in writing of the grievance. The supervisor Following this meeting, the Fire Chief or his/her designee shall provide the grievant and recognized employee organization with a written response have five (Appendix 5) days to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 answer said grievance in writing. If the grievance is not adjusted at satisfactorily resolved within Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight One (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held1), the grievance shall be deemed withdrawn. The Board shall meet within tenproceed to Step Two

Appears in 1 contract

Sources: Labor Agreement

Procedures. 9.4.1 Step 1 Every effort The parties shall attempt to adjust all grievances on an informal basis between the employee and/or his/her designated representative and a supervisor in the employee's chain of command, up to and including the Fire Chief. 24.3.1 If the parties are unable to adjust the grievance on an informal basis, the grievant shall file the grievance in writing with his/her immediate supervisor (Captain). The Fire Chief shall be made served with a copy of the written grievance at the time such grievance is filed with the grievant's immediate supervisor. 24.3.2 If the grievance has not been settled within seven (7) working days of its filing with the grievant's immediate supervisor, it shall then be submitted to resolve grievances or potential grievances through free the Fire Chief for adjustment, if requested by either party, the Fire Chief and informal communications between the grievant and his immediate administrative supervisorhis/her representative shall meet in an attempt to resolve the grievance within seven (7) days of the filing of the grievance with the Fire Chief, the Fire Chief shall provide the grievant and his/her representative with a written statement regarding the grievance. However, if Any such informal processes fail to provide an acceptable adjustment appeal shall be considered by the Board of Directors within 60 days of the filing of the appeal. 24.3.3 If the grievant does not agree with the Fire Chief's proposed resolution of the grievance, he/she shall submit the grievant may proceed written grievance to Step 2. 9.4.2 Step 2 The grievant orthe Board of Directors for adjustment and/or decision. In order to be effective, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting appeal to take place within four the Board of Directors regarding the grievance must be filed with the Board of Directors no later than five (45) days after receipt from the date on which the Fire Chief rendered his/her written decision. All written materials and rationale which are to be submitted by the grievant to the Board of Directors shall be served upon the formFire Chief at the time the grievance is appealed to the Board of Directors. The grievant, his immediate supervisor, Both the grievant and a his/her representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute Fire Chief shall be given an opportunity to a better understanding argue their position on the grievance to the Board of Directors prior to its determination upon the facts and issues or otherwise contribute to an acceptable adjustment merits of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to representative and the Grievance Review Request Form within four (4) days after Fire Chief shall be notified in writing of the meeting. 9.4.3 Step 3 If Board's decision on the grievance is not adjusted at Step 2 to the satisfaction within 60 days of the grievantclose of argument, then the grievantif argument is requested, or the Association acting on his behalf, may refer the grievance to the Superintendent 60 days of appeal if no later than eight (8) days after the meeting prescribed in Step 2 argument is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance shall be deemed withdrawn. The Board shall meet within tenrequested.

Appears in 1 contract

Sources: Memorandum of Understanding

Procedures. 9.4.1 Step 1 Every effort shall The parties hereto acknowledge that the proper chain of command will be made followed when trying to resolve grievances or potential grievances problems through free and informal communications between communications. Free and informal communication may be verbal or written communication. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the problem. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed as follows: Step I. The employee or the Association will present the grievance in writing and file it with the Principal within ten (10) days from the time that the employee or the Association could reasonably be expected to have become aware of the occurrence of the event. The grievance shall contain a statement of facts, circumstance, and a suggested remedy. The Principal will meet with the grievant within ten (10) days after receipt of the grievance. The Principal will provide a written response following the meeting within ten (10) days. Step II. The employee or the Association may appeal to the Superintendent in writing within ten (10) days after receiving the decision of the Principal. A copy of the appeal shall be furnished to the Principal by the employee or the Association. A meeting will take place within ten (10) days after receipt of the appeal. The Association's representative, the grievant and his immediate administrative supervisorthe Superintendent shall be present at the meeting. However, if such informal processes fail to provide an acceptable adjustment Within ten (10) days of the grievancemeeting, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, and the Association on his behalfwill be provided with the Superintendent's written response including the reason for the decision. Step Ill. If the grievance is not resolved at Step II, then the grievance or the Association may submit an executed Grievance Review Request Form (Appendix 4) refer the grievance to the grievant's immediate administrative supervisor who shall Board of Education within ten (10) days after receipt of the Step II answer. The Board will arrange with the Association representative and the grievant for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after of receipt of the grievance has been referred unresolved grievance. Each party shall have the right to himinclude in its representation such witnesses and counselors as it deems necessary. Both the 9.4.4 Step 4 If Within ten (10) days of the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3meeting, then the grievant, or the Association acting on his behalf, may request a meeting and the grievances will be provided with the Board. Upon mutual agreement of both parties's written response, Step 4 would occur. If a request including the reason for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance shall be deemed withdrawn. The Board shall meet within tendecision.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step The adjustment of grievances will be accomplished as rapidly as possible. In order to insure rapid resolution of grievances, the number of days within which each step is prescribed to be accomplished shall be considered as maximum and every effort shall be made to expedite the process. Failure by the district and/or respondent to comply with the time limits shall cause the grievance to be waived. Failure by the district to comply with the time limits shall be construed as a denial of the grievance at that level. Under unusual circumstances, the time limits prescribed in this section may be extended by mutual consent of the grievant and the District and/or respondent. LEVEL 1 The grievant shall first discuss the grievance with the employee’s immediate supervisor in private conferences within twenty (20) days of the occurrence of the event upon which the grievant became aware or reasonably should have become aware of the events upon which the grievance is based, whichever shall be later. Every effort shall be made to resolve grievances or potential grievances through free and adjust the grievance in an informal communications between manner. If the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment is dissatisfied with the outcome of the grievanceinitial private conference, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his must request, in writing, a formal conference with the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and at which time the grievant may have present, others who might contribute be accompanied by a representative from the grievance committee. Every effort should be made to a better develop an understanding of the facts and issues or otherwise contribute in order to an acceptable adjustment create a climate which will lead to a solution. The formal conference shall occur within five (5) days of the grievancewritten request or the informal conference. The supervisor shall provide In the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If event that the grievance is not adjusted resolved at Step 2 to ▇▇▇▇▇ ▇, the satisfaction of grievant may within ten (10) days appeal the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance matter in writing to the Superintendent no later than eight (8) days after of the meeting prescribed in Step 2 District or another administrator from either the Coulee-▇▇▇▇▇▇▇▇ or Almira District when the grievant’s immediate supervisor is heldalso the Superintendent. The Superintendent Superintendent, the Superintendent’s designated representative, or other named administrator shall arrange to meet confer with the grievant and with representatives of in an effort to meet a satisfactory solution within a reasonable time limit. If the Association, unless the Association or the employee waives its right to have representatives attend the meeting, grievance has not been resolved within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied was discussed with the disposition of his grievance at Step 3 Superintendent or if the Superintendent has not provided a written decision within the time prescribed in Step 3Superintendent’s designee pursuant to ▇▇▇▇▇ ▇ above, then the grievant, or the Association acting on his behalf, grievant may request a meeting with the BoardBoard of Directors for the purpose of presenting the grievance to the Board of Directors of the District. Upon mutual agreement of both parties, Step 4 would occur. If a The request for a the meeting with the Board is not delivered to of Directors shall be in writing and filed with the Superintendent with thirty of the District as Secretary of the Board of Directors. The Board of Directors will, within fifteen (3015) days after the meeting prescribed receipt of the written request, confer with the grievant and within five (5) days, render a decision to be submitted to the grievant in Step 3 is held, writing. In the event that the grievance shall be deemed withdrawn. The Board shall meet is not settled by the disposition of the Board, then within tenfive

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made to resolve grievances or potential grievances through free and informal communications between Within 15 days following the time when the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment knows or could reasonably have known of the act or condition which is the basis of the grievance, the grievant may proceed file a written grievance (Appendix 4) with their principal or immediate supervisor, with a copy to the Superintendent. Grievances filed in the name of the Association may be initiated at Step 2 of this grievance procedure as set forth below. All certificated Employees shall have the right of representation at each step of the grievance procedure. STEP 1 The school principal or immediate supervisor shall meet within five (5) days following receipt of the grievance and attempt a mutually satisfactory resolution of the grievance (Appendix 5). If no satisfactory agreement is reached, the grievant may, within three (3) days, appeal to Step 2. 9.4.2 Step STEP 2 The grievant or, at his request, shall meet with the Association on his behalf, may submit an executed Grievance Review Request Form Superintendent within five (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (45) days after following the receipt of the formgrievant’s appeal (Appendix 6). The grievantIf no satisfactory agreement is reached, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have presentmay, others who might contribute to a better understanding within 10 days of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred appeal to him. Both theStep 3. 9.4.4 Step 4 STEP 3 If the grievant no satisfactory settlement is not satisfied with the disposition of his grievance reached at Step 3 2, or if the Superintendent (or designee) has not provided a written decision within the time limits prescribed in Step 32, then the grievance may be appealed to Step 3 within seven (7) days after receiving the disposition of the Superintendent or after the above stated time limits have expired and submit the grievance to the Board. If the grievance is submitted to the Board, the Board, within 30 days, shall meet with the grievant, the representative and the Superintendent to review such grievance in executive session or give such grievance the Association acting on his behalfconsideration as it shall deem appropriate. The disposition by the Board shall be made to the grievant by completing Grievance Report Form (Appendix 7), Step 3 within five (5) days of the meeting. A notification of such disposition shall be furnished to the grievant, the Association, and the immediate supervisor. STEP 4 If no satisfactory settlement is reached at Step 3, the Association, within 15 days of the receipt of the Step 3 decision, may request a meeting with appeal the Boardfinal decision to arbitration. Upon mutual agreement Any grievance arising out of both parties, Step 4 would occuror relating to the interpretation or application of the terms and/or provisions of the Agreement may be submitted to arbitration unless specifically and expressly excluded within this Article. If a request for a meeting with the Board is parties cannot delivered agree as to the Superintendent with thirty arbitrator in five (305) days after the meeting prescribed in Step 3 is heldcalendar days, the grievance arbitrator shall be deemed withdrawnselected by the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceeding. The Board and the Association shall meet within tennot be permitted to assert any evidence not previously disclosed to the other party. The decision of the arbitrator shall be final and binding upon both parties. The arbitrator’s fees and expenses shall be borne by the party against whom the arbitrator rules. The arbitrator's decision will be in writing and will set forth their finding of fact, reasoning and conclusions on the issues submitted to them. The decision of the arbitrator shall be final and binding upon the employer, the Association and the grievant(s). Jurisdiction of Arbitrator - The arbitrator shall be without power or authority to add to, subtract from, or alter any of the terms of this Agreement or to use past practice as a valid rationale for a current decision. The following areas are not arbitral: lay off and recall, non-renewal, discharge and the contents of evaluation.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 1. Step 1 Every effort shall be made to resolve grievances I The Association or potential grievances through free and informal communications between the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, present the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) grievance in writing to the grievant's immediate administrative supervisor immediately involved supervisor, who shall will arrange for a meeting to take place within four five (45) days after receipt of the formgrievance. The grievant, his immediate supervisor, Association's representative and a representative of the Association, unless the Association waives its right to have its representative present, shall attend immediately involved supervisor may be present for the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding Within five (5) days of the facts meeting, the Association and issues or otherwise contribute to an acceptable adjustment of grievant shall be provided with the grievance. The supervisor shall provide supervisor's written response, including the grievant and recognized employee organization with a written response (Appendix 5) to reasons for the Grievance Review Request Form within four (4) days after the meetingdecision. 9.4.3 2. Step 3 II If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievantI, then the grievant, Association or the Association acting on his behalf, grievant may refer the grievance to the Superintendent no later than eight in writing within five (8) 5) days after receipt of the meeting prescribed in Step 2 is heldI answer. The Superintendent shall arrange to meet arrange, with the grievant and with representatives Association representative, for a meeting to take place within five (5) days of the Association, unless Superintendent's receipt of the Association or the employee waives its right to have representatives attend appeal. Within five (5) days of the meeting, within ten (10) days after the grievance has been referred to himAssociation and grievant shall be provided with the Superintendent's written response, including the reasons for the decision. 3. Both the 9.4.4 Step 4 III If the grievant Association is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3II, then the grievant, or the Association acting on his behalf, may request a meeting submit the grievance to final and binding arbitration with the Board. Upon mutual agreement of both parties, Step 4 would occurAmerican Arbitration Association (AAA). If a request demand for a meeting arbitration is not filed with the Board is not delivered to the Superintendent with AAA within thirty (30) days after of the meeting prescribed in date of Step 3 is heldII answer, then the grievance shall be deemed withdrawn. The arbitrator shall not have the power to add to, subtract from, alter or modify in any way, any of the terms or conditions of this Agreement. It shall be the function of the arbitrator, and he shall be empowered, except as his powers are limited below, after due investigation, to make decisions in cases of alleged violation of the specific Articles and Sections of this Agreement. 1. He shall have no power to establish salary structures. 2. He shall have no power to change any practice or policy or rule of the Board nor to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board. 3. His powers shall meet be limited to deciding whether the Board has violated the expressed Articles or Sections of the Agreement. 4. He shall have no power to decide any questions, which under this Agreement is within tenthe responsibility of management to decide. In rendering decisions, the arbitrator shall give due regard to the responsibilities of management and shall so construe such responsibilities, except as they may be specifically conditioned by the Agreement. 5. All claims for back wages shall be limited to the amount of wages that an Employee would have otherwise earned, less any unemployment. In any case, an award shall not go back further than the beginning date of this Agreement. E. BYPASS

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties hereto acknowledge that it is usually most desirable for a teacher and his/her immediately involved supervisor to resolve grievances or potential grievances problems through free and informal communications between communications. When requested by the grievant and his immediate administrative supervisor. Howeverteacher, if such a Union representative may accompany the teacher to assist in the informal processes fail to provide an acceptable adjustment resolution of the grievance. If, however, the grievant informal process fails to satisfy the teacher or the Union, a grievance may proceed to be processed as follows: Step 2. 9.4.2 Step 2 #1 The grievant or, at his request, teacher or the Association on his behalf, Union may submit an executed Grievance Review Request Form (Appendix 4) present the grievance in writing to the grievant's immediate administrative supervisor principal who shall will arrange for a meeting to take place within four seven (47) days after receipt of the formgrievance. The grievantA union representative, his immediate supervisorif desired by the teacher, and a representative of the Association, unless the Association waives its right to have its representative present, principal shall attend be present for the meeting. In additionWithin seven (7) days of the meeting, both the supervisor and the grievant may have presentshall be provided with the principal’s written response, others who might contribute to a better understanding of including the facts and issues or otherwise contribute to an acceptable adjustment of reasons for the grievancedecision. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 #2 – If the grievance is not adjusted resolved satisfactorily at Step 2 to the satisfaction of the grievant#1, then the grievant, or the Association acting on his behalf, grievant may refer the grievance to the Superintendent no later than eight or his/her official designee within six (8) 6) days after the meeting prescribed in receipt of the Step 2 is held#1 answer. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right Union for a meeting to have representatives attend the meeting, take place within ten (10) days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) days of the meeting, the employee or the Union shall be provided with the Superintendent’s written response, including the reasons for the decision. Step #3 – Should the grievant not be satisfied with the disposition of the grievance at Step #2, the grievant may within six (6) days of receiving the decision appeal to the Board of Education. This appeal, directed to the secretary of the Board, will be in writing and will be accompanied by a copy of the complaint and the decision rendered at Step #2. The Board will meet on the matter at the regularly scheduled board meeting, providing the appeal is received by the Board Secretary at least forty-eight (48) hours before the regularly scheduled meeting of the Board. This meeting will consist of the Board, Superintendent, Complainant, and his/her Union representative, if desired. Within ten (10) working days after the grievance has been referred meeting, the Board will provide a written decision, with supporting reasons, to himall parties involved. Both the 9.4.4 Step #4 If the grievant Union is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step #3, then attorneys from both sides will meet to arrive at a resolution. Each attorney’s costs will be at each organization’s own expenses. Step #5 – If the grievant, or the Association acting on his behalf, may request a meeting Union and/or Board are not satisfied with the Board. Upon mutual agreement disposition of both partiesthe grievance at Step #4, Step 4 would occurthe Union and/or Board may submit the grievance to final and binding arbitration. If a request for a meeting with the Board arbitration is not delivered to the Superintendent with filed within thirty (30) days after of the meeting prescribed in date of the Step 3 is held#4 answer, then the grievance shall be deemed withdrawn. Expenses for the Arbitrator’s services shall be borne equally by the Board and Union. The arbitration proceeding shall be conducted by an Arbitrator to be selected by the two parties within seven (7) days. The Federal Mediation and Conciliation Service (FMCS) will be requested to provide a panel of seven (7) arbitrators. Each of the two parties will alternately strike one name at a time from the panel until only one shall remain. The remaining name shall be binding on the parties. A. No teacher shall be required to discuss any grievance in the absence of a representative unless said teacher so desires. B. No reprisals of any kind shall be taken by the Board or the Union against a teacher because of his/her participation in this grievance procedure. C. All records dealing with the process of a grievance shall meet be filed separately from the personnel files of the participants. D. The time limits at the step of this grievance procedure may be extended by written mutual agreement. E. A grievant may withdraw a grievance at any time without prejudice. F. A grievance must be filed and appealed within tenthe time limits set forth above, or it shall be considered waived (if not filed in time) or settled on the basis of the last answer given (if not appealed in time). If the Board does not give its answer within the time limits set forth above, the grievance shall move to the next step of the Grievance Procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made to resolve grievances or potential grievances through free and informal communications between A. In the event that a grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the believes there is a basis for a grievance, the grievant may proceed to Step 2first discuss the alleged grievance with his/her principal or other appropriate supervisor either personally or accompanied by his/her Association representative. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, B. Any employee may submit an executed Grievance Review Request Form (Appendix 4) present his/her grievance to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of District and have such grievance adjusted without the form. The grievant, his immediate supervisor, and a representative intervention of the Association, unless as long as the Association waives has been given an opportunity to be present at that adjustment and to make its right to have its representative presentviews known, shall attend and as long as the meeting. In addition, both adjustment is not inconsistent with the supervisor and the grievant may have present, others who might contribute to a better understanding terms of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meetingthis Agreement. 9.4.3 Step 3 C. If the grievance is not adjusted at Step 2 resolved in A or B above, formal grievance procedures may be instituted. STEP 1. The grievant may invoke the formal grievance procedure through the Association on the grievance form which will be available from the Association representative. A copy of the grievance form shall be delivered to the satisfaction of the grievant, then the grievant, principal or the Association acting on his behalf, may refer the appropriate supervisor. A grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is heldmust be filed within twenty STEP 2. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is heldgrievance, the grievance shall be deemed withdrawntransmitted to the Superintendent within five (5) days. The Within ten (10) days upon receipt the Superintendent or acting superintendent shall meet with the grievant and his/her Association representative on the grievance and shall indicate his/her disposition of the grievance in writing within five (5) days of such meeting, and shall furnish a copy thereof to the grievant(s) and to the Association. STEP 3. If the grievant is not satisfied with the disposition of the grievance by the superintendent, the grievance shall be transmitted to the Chairman of the School Board within five (5) days. Within ten (10) days upon receipt the Board shall meet with the grievant and his/her Association representative on the grievance and shall indicate the disposition of the grievance in writing within tenfive (5) days of such meeting, and shall furnish a copy thereof to the grievant(s) and to the Association. STEP 4. If the grievant is not satisfied with the disposition of the grievance by the Board, the grievance, only at the option of the Association, may be submitted before an impartial arbitrator. The Association shall exercise its rights of arbitration by giving the Superintendent written notice of its intention to arbitrate within ten (10) days of receipt of the written disposition of the Board. If the parties cannot agree to the arbitrator within five (5) days from the notification date that arbitration will be pursued, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules, which rules shall likewise govern the arbitration proceeding. The parties shall not be permitted to assert in such arbitration proceeding any ground rule or to rely on any evidence not presented at an earlier step. The decision of the arbitrator shall be final and binding upon both parties.

Appears in 1 contract

Sources: Collective Bargained Agreement

Procedures. 9.4.1 Step 1 Every effort shall 1. LEVEL I - Immediate Supervisor: a. Informal: A grievance will first be made to resolve grievances or potential grievances through free and discussed with the grievant’s immediate supervisor with the objective of resolving the matter informally. The grievant may have a representative present with them at this informal communications between meeting. b. In the event that the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment is not satisfied with the disposition of the grievance, they may submit the claim as a formal grievance in writing to the immediate supervisor upon forms provided by the District. If the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for has not filed a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, claim within ten (10) days after speaking with the immediate supervisor informally, the grievance will be deemed to have been waived. If a formal grievance has been referred filed, the grievant may either discuss the grievance personally or request that one representative accompany him/her. The immediate supervisor shall within seven (7) days following the meeting to himdiscuss the grievance, render their decision and the reason therefore, in writing, to the grievant. 2. Both theLevel II - Superintendent or their Designee: 9.4.4 Step 4 a. If the grievant is not satisfied with the disposition of his the grievance at Step 3 Level I, or if no decision has been rendered within ten (10) days after presentation of the grievance in writing, the grievant may forward the written grievance to the Superintendent has not provided or their designee within the subsequent ten (10) days. b. Within seven (7) days after receipt of the written grievance by the Superintendent, the Superintendent or their designee shall meet with the grievant and representative(s) in an effort to resolve the matter, and shall render a written decision to the employee within seven (7) days after this Level II meeting. 3. Level III - Board of Education: The parties to this Agreement realize that the time prescribed in Step 3, then Board of Education has the grievant, or right and responsibility to attempt a final resolution of the Association acting on his behalf, may request a meeting grievance. If the grievant is not satisfied with the Board. Upon mutual agreement disposition of both partiesthe grievance at Level II, Step 4 would occur. If a request for a meeting with the grievant may forward the written grievance to the Board is not delivered to of Education within ten (10) days. The decision of the Superintendent with thirty Board or its designated subcommittee shall be rendered within twenty (3020) days after the meeting prescribed in Step 3 is held, receipt of the appeal. If both parties agree that an acceptable disposition of the grievance shall will most likely not be deemed withdrawn. The reached at the Board shall meet within tenlevel this step may be omitted and the parties proceed to Level IV.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties acknowledge that it is usually most desirable for an employee and the employee's immediate supervisor to resolve grievances or potential grievances problems through informal and free and informal communications between the grievant and his immediate administrative supervisorcommunications. However, if such the informal processes fail process fails to provide an acceptable adjustment of satisfy the grievancegrievant, a grievance may be processed in the following manner and the grievant may proceed to be accompanied by a Union representative: A. Step 2.One 9.4.2 B. Step 2 The Two .1 If the grievance is not satisfactorily resolved at Step One the grievant or, at his request, may refer the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) grievance to the grievant's immediate administrative supervisor who Superintendent within ten (10) days of receipt of the Step One answer. The Superintendent shall arrange for a meeting to take place within four ten (410) days after of receipt of the formappeal. The grievant, his immediate supervisor, and a representative Within ten (10) days of the Association, unless meeting the Association waives its right Superintendent shall make a decision in writing and communicate it to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meetingUnion. 9.4.3 Step 3 .2 If the grievance is not adjusted at Step 2 a class action grievance pursuant to Section 6.6.4 of this Agreement the satisfaction Union shall file the grievance in writing with the Superintendent who shall certify by signature the date the grievance was received. The written grievance shall state the nature of the grievantgrievance, then shall note the grievantspecific clause or clauses of the Agreement which are applicable, or shall state the Association acting on his behalf, may refer names of the individuals for whom the grievance to is being filed and shall state the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is heldremedy requested. The Superintendent shall arrange for a meeting to meet take place with the grievant grievants and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, Union within ten (10) days after receipt of the grievance. The Superintendent shall make a decision on the grievance has been referred and communicate it in writing to himthe Union within ten (10) days of the meeting. C. Step Three .1 If within fifteen (15) days of the filing of the demand for arbitration with the Superintendent the parties are unable to agree upon an arbitrator, they shall jointly submit a request to the Federal Mediation and Conciliation Service for a binding resolution under the Voluntary Labor Arbitration Rules. Both theArbitration proceedings shall be conducted by an arbitrator to be selected by the two parties from a roster of arbitrators provided by the Federal Mediation and Conciliation Service. The parties will request the Federal Mediation and Conciliation Service provide a panel of seven (7) arbitrators. Each party shall have the right to reject an entire panel and request the Federal Mediation and Conciliation Service provide a new panel of seven (7) arbitrators. Each of the two parties will alternately strike one name at a time from the panel until only one name shall remain. The remaining name shall be the arbitrator. 9.4.4 Step 4 .2 The decision of the arbitrator shall be final and binding on the parties. The arbitrator, in his opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. The arbitrator's authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the Board and the Union. If the grievant is not satisfied with parties are unable to agree upon the disposition specific issue(s) in dispute the arbitrator shall define the issues(s) upon which a decision will be rendered. The arbitrator's decision must be based solely and only upon his interpretation of his grievance at Step 3 the meaning or if application of the Superintendent express relevant language contained within the four corners of this Agreement. .3 Neither the Board nor the Union shall be permitted to assert any grounds or evidence before the arbitrator which has not provided a written decision within previously been disclosed to the time prescribed in Step 3, then other party. .4 The parties shall equally share the grievant, or cost of the Association acting on his behalf, may request a meeting with arbitrator and the Board. Upon mutual agreement of both parties, Step 4 would occurFederal Mediation and Conciliation Service. If either party requires a request transcript of the proceedings that party shall bear full costs for that transcript. If both parties order a meeting with transcript the Board is not delivered to costs of the Superintendent with thirty (30) days after two transcripts shall be divided equally between the meeting prescribed parties. If only one party requests the postponement of an arbitration hearing, that party shall bear the costs of such postponement. .5 Each party shall bear the full costs of its representation in Step 3 is held, the grievance shall be deemed withdrawn. The Board shall meet within tenprocedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 A. The bargaining unit member will discuss orally with his/her immediate supervisor the alleged grievance. B. If the grievance is not resolved by the oral discussion, the unit member or his/her association representative will reduce the grievance to writing and present it to the immediate supervisor within ten (10) working days following the occurrence giving rise to the grievance. The immediate supervisor will respond in writing within five (5) working days after receipt of the written grievance. Step 2 Any grievance not resolved in Step 1 Every effort shall be made presented in writing, signed by the aggrieved party or his/her representative, and presented to resolve grievances the next appropriate higher level of supervision within ten (10) regular workdays following the occurrence giving rise to the grievance. Within five (5) workdays after receipt of the written grievance, this supervisor shall meet with the employee, Unit President or potential grievances through free designee and informal communications between shall, within five (5) workdays after the grievant and his immediate administrative supervisormeeting, provide a written answer to the employee with a copy to the Unit President. However, if such informal processes fail Any grievance not resolved in Step 2 shall be presented to provide an acceptable adjustment the Superintendent or designee within three (3) workdays of the receipt of the Step 2 answer. Within ten (10) workdays after the receipt of the grievance, the Superintendent or designee shall meet with the grievant or his/her designee and the Field Representative. A written answer shall be provided by the Superintendent or designee within five (5) workdays of the Step 3 meeting. Upon mutual agreement of the Association and the District, any grievance affecting the entire unit or bargaining unit members in more than one building may proceed be filed directly to Step 2the Superintendent or designee within ten (10) regular workdays following the occurrence giving rise to the grievance. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 A. If the grievance is not adjusted at resolved in Step 2 to 3, the satisfaction employee with the approval of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives Executive Committee of the Association, unless the Association or the employee waives its right to have representatives attend the meetingmay, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after from the meeting prescribed in receipt of the Step 3 is heldanswer, submit the grievance to the American Arbitration Association for arbitration in accordance with its voluntary labor arbitration rules. B. The fees and expenses of the arbitrator shall be shared equally by the parties. Each party shall be responsible for its own expenses for preparation, legal counsel, records, witnesses, and other costs necessary to arbitration. C. The decision of the arbitrator shall be final and binding on all parties. D. Unless the grievance is raised and appealed within the time limits set forth herein, which may be extended only by written consent of both the District and the Association, it shall be deemed withdrawn. The Board that there has been a waiver of the right to arbitration and the matter shall meet within tenbe closed.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made to resolve grievances or potential grievances through free and informal communications between A. In the event that a grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the believes there is a basis for a grievance, the grievant may proceed to Step 2first discuss the alleged grievance with his/her principal or other appropriate supervisor either personally or accompanied by his/her Association representative. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, B. Any employee may submit an executed Grievance Review Request Form (Appendix 4) present his/her grievance to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of District and have such grievance adjusted without the form. The grievant, his immediate supervisor, and a representative intervention of the Association, unless as long as the Association waives has been given an opportunity to be present at that adjustment and to make its right to have its representative presentviews known, shall attend and as long as the meeting. In addition, both adjustment is not inconsistent with the supervisor and the grievant may have present, others who might contribute to a better understanding terms of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meetingthis Agreement. 9.4.3 Step 3 C. If the grievance is not adjusted at Step 2 resolved in A or B above, formal grievance procedures may be instituted. STEP 1. The grievant may invoke the formal grievance procedure through the Association on the grievance form which will be available from the Association representative in each building. A copy of the grievance form shall be delivered to the satisfaction principal or appropriate supervisor. If the grievance involves more than one (1) school building, it may be filed with the Superintendent or a representative designated by the Superintendent. A grievance must be filed within twenty (20) days of the grievant, then the grievant, occurrence or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives knowledge of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to himevent of which he/she complains. STEP 2. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is heldgrievance, the grievance shall be deemed withdrawntransmitted to the Superintendent within five (5) days. The Within ten (10) days upon receipt the STEP 3. If the grievant is not satisfied with the disposition of the grievance by the superintendent, the grievance shall be transmitted to the Chairman of the School Board within five (5) days. Within ten (10) days upon receipt the Board shall meet with the grievant and his/her Association representative on the grievance and shall indicate the disposition of the grievance in writing within tenfive (5) days of such meeting, and shall furnish a copy thereof to the grievant(s) and to the Association. STEP 4. If the grievant is not satisfied with the disposition of the grievance by the Board, the grievance, only at the option of the Association, may be submitted before an impartial arbitrator. The Association shall exercise its rights of arbitration by giving the Superintendent written notice of its intention to arbitrate within ten (10) days of receipt of the written disposition of the Board. If the parties cannot agree to the arbitrator within five (5) days from the notification date that arbitration will be pursued, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules, which rules shall likewise govern the arbitration proceeding. The parties shall not be permitted to assert in such arbitration proceeding any ground rule or to rely on any evidence not presented at an earlier step. The decision of the arbitrator shall be final and binding upon both parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every A. Any grievance must be filed within ten (10) days of the aggrieved act or it shall be deemed forever waived by the grievant. B. Since it is important that a grievance be processed as rapidly as possible, the number of days indicated at each level should be considered a maximum, and every effort shall should be made to resolve grievances expedite the process. C. In the event a grievance is filed on or potential grievances through free after the closing of the school year, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the parties agree to make a good faith effort to reduce the time limits set forth herein so that the grievance procedure may be exhausted as soon as is practicable. D. Nothing herein contained will be construed as limiting the right of any grievant having a grievance to discuss the matter informally and informal communications between confidentially with any appropriate member of the administration, and having the grievance adjusted without intervention of the Association; provided the adjustment is not inconsistent with the terms of this grievance procedure. E. Any aggrieved person may be represented at all stages of the grievance procedure by himself/ herself, or, at the grievant’s option, by a representative selected or approved by the Association. In any event the Association shall have a right to have a representative present and to state its views at all stages of the grievance procedure. F. Oral Informal Discussion with Principal or Immediate Supervisor A grievant with a grievance must first discuss it informally with the principal or where the grievant and his is not under the direct supervision of a principal, with the grievant’s immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment The principal/immediate supervisor shall prepare a written memo of the grievancediscussion noting the date of the aggrieved act, the date the complaint was first made and the date of the discussion with the grievant. The principal/immediate supervisor shall forward a copy of this memo to the Executive Director of Human Resources. G. Level One - Written Formal Grievance to Principal If the aggrieved party is not satisfied with the disposition of the grievance by the principal or immediate supervisor, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, file a written grievance with the principal/immediate supervisor on forms provided by the School District and the Association on his behalf, may submit an executed Grievance Review Request Form within five (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (45) days after receipt of the forminformal conference or ten (10) days of the aggrieved act, whichever is longer. The grievant, his immediate supervisor, and a representative of principal shall communicate the Association, unless the Association waives its right decision in writing to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed all parties in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, interest within ten (10) days after receipt of the grievance. The decision shall include supporting reasons therefor. H. Level Two - Executive Director of Human Resources Within ten (10) days of receipt of the decision rendered by the principal/immediate supervisor, any party in interest may appeal the principal’s/immediate supervisor’s decision to the Executive Director of Human Resources on forms provided by the School District and the Association. The appeal shall include a copy of the Level One decision and the grounds for regarding the decision as incorrect. Within ten (10) days of receipt of the appeal, the Executive Director of Human Resources shall communicate a decision in writing to all parties in interest. The decision shall include supporting reasons therefor. I. Level Three - Superintendent Within ten (10) days of receipt of the decision rendered by the Executive Director of Human Resources, any party in interest may appeal the Director’s decision to the Superintendent, or designee, on forms provided by the School District and the Association. The appeal shall include a copy of the decisions of Level One and Level Two and the grounds for regarding the decision as incorrect. Within ten (10) days after receipt of the appeal, the Superintendent, or designee, shall communicate the decision in writing to all parties in interest. The decision shall include supporting reasons therefor. J. Level Four - Board of Education Within ten (10) days of receipt of the decision rendered by the Superintendent, any party in interest may appeal the Superintendent’s decision to the Board of Education on forms provided by the School District and the Association. The appeal shall include a copy of decisions of Level One, Level Two, Level Three and the grounds for regarding the decision as incorrect. Within ten (10) days after receipt of the appeal, the Board of Education shall set a hearing for the grievance has been referred and shall forward written notice of the time and place of the hearing to himall parties in interest. Both theWithin fifteen (15) days of hearing of the appeal, the Board of Education shall communicate its decision in writing to all parties in interest. The decision shall include supporting reasons therefor. The decision of the Board of Education shall be final. 9.4.4 Step 4 K. Failure at any step of this procedure to communicate the decision in writing on a grievance within the specified time limits shall permit any party in interest 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. L. No reprisals of any kind will be taken by the Board of Education or any member of the administration against any party in interest or any other party involved directly or indirectly in the grievance procedure. M. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the permanent central office files of the participants. N. Forms for processing grievances will be printed by the Board of Education and the Association and given appropriate distribution by the parties so as to facilitate operation of the grievance procedure. O. Every effort will be made by all parties to avoid interruption of classroom activities and to avoid the involvement of students in all phases of the grievance procedure. P. If in the grievant judgment of the Executive Director of Human Resources and the Association, a grievance affects a group or class of teachers, the Association may submit such grievance in writing to the Superintendent directly and the processing of the grievance shall be commenced at Level Three. Q. All parties in interest are required to exhaust the grievance procedure set forth in this article before seeking alternative remedies. R. If any party in interest elects to pursue any legal or statutory remedy for any grievance, such election will bar any further or subsequent proceedings for relief under the provisions of this procedure. S. It is appropriate at each level of the grievance process to determine whether such grievance is a proper grievable item as defined herein. If at any level it is determined that the grievance is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3proper grievable item, then that determination should be noted in the grievantdecision rendered. This Agreement, or the Association acting and all items agreed on his behalfpursuant to this Agreement, may request a meeting with the Board. Upon mutual agreement of when adopted and signed by both parties, Step 4 would occurshall remain in effect for so long as the Association is recognized as the lawful representative of the certified personnel of the Union School District or until modified by the parties in writing. If a request for a meeting with Either party desiring changes in this Agreement shall notify the Board is not delivered to the Superintendent with other party in writing at least thirty (30) days after prior to any regular meeting of the meeting prescribed negotiations committee. Any changes in Step 3 is held, this Agreement must be made by a majority consent of both the grievance Board and Association. If any provision or application of this Agreement shall be deemed withdrawnfound contrary to law, such provision or application shall have effect only to the extent permitted by law. Adopted Negotiated Policy, 3-12-73 Revised Negotiated Policy, 12-5-88 Revised Negotiated Policy, 8-14-95 Revised Negotiated Policy, 10-14-02 Revised Negotiated Policy, 6-19-03 Revised Negotiated Policy, 8-29-05 Revised Negotiated Policy, 5-14-07 Revised Negotiated Policy, 8-27-07 Revised Negotiated Policy, 8-11-08 Revised Negotiated Policy, 11-14-11 Revised Negotiated Policy, 6-8-15 Revised Negotiated Policy, 6-12-17 BACHELOR'S State-Paid Monthly State Monthly State 0 31,600 34,000 993.84 60.15 35,054 594.90 69.72 1 31,975 34,390 993.84 103.41 35,487 594.90 69.72 2 32,350 34,781 993.84 145.65 35,920 594.90 69.72 3 32,725 35,171 993.84 188.15 36,353 594.90 69.72 4 33,100 35,562 993.84 233.33 36,789 594.90 69.72 5 33,500 35,990 993.84 278.76 37,263 594.90 69.72 6 33,900 36,427 993.84 325.26 37,746 594.90 69.72 7 34,300 36,863 993.84 372.82 38,230 594.90 69.72 8 34,700 37,300 993.84 421.44 38,715 594.90 69.72 9 35,100 37,737 993.84 471.12 39,202 594.90 69.72 10 35,950 38,116 993.84 521.87 39,632 594.90 69.72 11 36,375 38,598 993.84 573.67 40,166 594.90 69.72 12 36,800 39,080 993.84 626.54 40,700 594.90 69.72 13 37,225 39,563 993.84 680.48 41,237 594.90 69.72 14 37,650 40,045 993.84 735.47 41,774 594.90 69.72 15 38,075 40,558 993.84 791.53 42,343 594.90 69.72 16 38,500 41,090 993.84 848.65 42,932 594.90 69.72 17 38,925 41,622 993.84 906.83 43,523 594.90 69.72 18 39,350 42,154 993.84 966.07 44,114 594.90 69.72 19 39,775 42,686 993.84 1,026.38 44,706 594.90 69.72 20 40,200 43,298 993.84 1,087.75 45,380 594.90 69.72 21 40,625 43,930 993.84 1,150.18 46,074 594.90 69.72 22 41,050 44,561 993.84 1,213.68 46,769 594.90 69.72 23 41,475 45,193 993.84 1,278.23 47,465 594.90 69.72 24 41,900 45,825 993.84 1,343.85 48,163 594.90 69.72 25 42,325 46,026 993.84 1,410.53 48,430 594.90 69.72 26 42,325 46,426 993.84 1,410.53 48,830 594.90 69.72 27 42,325 47,226 993.84 1,410.53 49,630 594.90 69.72 28 42,325 48,026 993.84 1,410.53 50,430 594.90 69.72 29 42,325 48,826 993.84 1,410.53 51,230 594.90 69.72 30 42,325 49,626 993.84 1,410.53 52,030 594.90 69.72 31 42,325 50,626 993.84 1,410.53 53,030 594.90 69.72 32 42,325 50,626 993.84 1,410.53 53,030 594.90 69.72 33 42,325 50,626 993.84 1,410.53 53,030 594.90 69.72 34 42,325 51,626 993.84 1,410.53 54,030 594.90 69.72 35 42,325 51,626 993.84 1,410.53 54,030 594.90 69.72 36 42,325 51,626 993.84 1,410.53 54,030 594.90 69.72 37 42,325 52,626 993.84 1,410.53 55,030 594.90 69.72 38 42,325 52,626 993.84 1,410.53 55,030 594.90 69.72 39 42,325 52,626 993.84 1,410.53 55,030 594.90 69.72 40 42,325 53,626 993.84 1,410.53 56,030 594.90 69.72 41 42,325 53,626 993.84 1,410.53 56,030 594.90 69.72 * Teachers who obtained National Board Certifcation after June 30, 2013, will receive $1,000 added to base salary reflected on the salary schedule (except those teachers who applied for NBC prior to June 30, 2013, who are under the previous NBC bonus program). ** Includes the district portion of single health ($17.76 X 24 = $426.24/year), dental ($16.47 X 24 = $395.28/year), vision ($.34 X 24 = $8.16/year), life ($1.70 X 24 = $40.80/year), short-term disability and long-term disability ($5.14 X 24 = $123.36/year) above state Flexible Benefit Allowance. *** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. **** The State Flexible Benefit Allowance-A is $594.90 per month ($594.90 x 12 = $7138.80/year). One half of the monthly amount ($297.45) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-A is only available to employees who participate in the district's group health insurance plan. ***** The State Flexible Benefit Allowance-B is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. 0 31,600 34,500 993.84 60.15 35,554 594.90 69.72 1 31,975 34,890 993.84 103.41 35,987 594.90 69.72 2 32,350 35,281 993.84 145.65 36,420 594.90 69.72 3 32,725 35,671 993.84 188.15 36,853 594.90 69.72 4 33,100 36,062 993.84 233.33 37,289 594.90 69.72 5 33,500 36,490 993.84 278.76 37,763 594.90 69.72 6 33,900 36,927 993.84 325.26 38,246 594.90 69.72 7 34,300 37,363 993.84 372.82 38,730 594.90 69.72 8 34,700 37,800 993.84 421.44 39,215 594.90 69.72 9 35,100 38,237 993.84 471.12 39,702 594.90 69.72 10 35,950 38,716 993.84 521.87 40,232 594.90 69.72 11 36,375 39,198 993.84 573.67 40,766 594.90 69.72 12 36,800 39,680 993.84 626.54 41,300 594.90 69.72 13 37,225 40,163 993.84 680.48 41,837 594.90 69.72 14 37,650 40,645 993.84 735.47 42,374 594.90 69.72 15 38,075 41,158 993.84 791.53 42,943 594.90 69.72 16 38,500 41,690 993.84 848.65 43,532 594.90 69.72 17 38,925 42,222 993.84 906.83 44,123 594.90 69.72 18 39,350 42,754 993.84 966.07 44,714 594.90 69.72 19 39,775 43,286 993.84 1,026.38 45,306 594.90 69.72 20 40,200 43,998 993.84 1,087.75 46,080 594.90 69.72 21 40,625 44,630 993.84 1,150.18 46,774 594.90 69.72 22 41,050 45,261 993.84 1,213.68 47,469 594.90 69.72 23 41,475 45,893 993.84 1,278.23 48,165 594.90 69.72 24 41,900 46,525 993.84 1,343.85 48,863 594.90 69.72 25 42,325 46,726 993.84 1,410.53 49,130 594.90 69.72 26 42,325 47,126 993.84 1,410.53 49,530 594.90 69.72 27 42,325 47,926 993.84 1,410.53 50,330 594.90 69.72 28 42,325 48,726 993.84 1,410.53 51,130 594.90 69.72 29 42,325 49,526 993.84 1,410.53 51,930 594.90 69.72 30 42,325 50,426 993.84 1,410.53 52,830 594.90 69.72 31 42,325 51,426 993.84 1,410.53 53,830 594.90 69.72 32 42,325 51,426 993.84 1,410.53 53,830 594.90 69.72 33 42,325 51,426 993.84 1,410.53 53,830 594.90 69.72 34 42,325 52,426 993.84 1,410.53 54,830 594.90 69.72 35 42,325 52,426 993.84 1,410.53 54,830 594.90 69.72 36 42,325 52,426 993.84 1,410.53 54,830 594.90 69.72 37 42,325 53,426 993.84 1,410.53 55,830 594.90 69.72 38 42,325 53,426 993.84 1,410.53 55,830 594.90 69.72 39 42,325 53,426 993.84 1,410.53 55,830 594.90 69.72 40 42,325 54,426 993.84 1,410.53 56,830 594.90 69.72 41 42,325 54,426 993.84 1,410.53 56,830 594.90 69.72 * Teachers who obtained National Board shall meet within tenCertifcation after June 30, 2013, will receive $1,000 added to base salary reflected on the salary schedule (except those teachers who applied for NBC prior to June 30, 2013, who are under the previous NBC bonus program). ** Includes the district portion of single health ($17.76 X 24 = $426.24/year), dental ($16.47 X 24 = $395.28/year), vision ($.34 X 24 = $8.16/year), life ($1.70 X 24 = $40.80/year), short-term disability and long-term disability ($5.14 X 24 = $123.36/year) above state Flexible Benefit Allowance. *** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. **** The State Flexible Benefit Allowance-A is $594.90 per month ($594.90 x 12 = $7138.80/year). One half of the monthly amount ($297.45) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-A is only available to employees who participate in the district's group health insurance plan. ***** The State Flexible Benefit Allowance-B is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. MASTER'S State-Paid Monthly State Monthly State 0 32,800 35,810 993.84 60.15 36,864 594.90 69.72 1 33,175 36,200 993.84 103.41 37,297 594.90 69.72 2 33,550 36,591 993.84 145.65 37,730 594.90 69.72 3 33,925 36,981 993.84 188.15 38,163 594.90 69.72 4 34,300 37,372 993.84 233.33 38,599 594.90 69.72 5 34,700 37,800 993.84 278.76 39,073 594.90 69.72 6 35,100 38,237 993.84 325.26 39,556 594.90 69.72 7 35,500 38,673 993.84 372.82 40,040 594.90 69.72 8 35,900 39,110 993.84 421.44 40,525 594.90 69.72 9 36,300 39,546 993.84 471.12 41,011 594.90 69.72 10 37,575 40,057 993.84 521.87 41,573 594.90 69.72 11 38,000 40,539 993.84 573.67 42,107 594.90 69.72 12 38,425 41,021 993.84 626.54 42,641 594.90 69.72 13 38,850 41,503 993.84 680.48 43,177 594.90 69.72 14 39,275 41,986 993.84 735.47 43,715 594.90 69.72 15 39,700 42,498 993.84 791.53 44,283 594.90 69.72 16 40,125 43,030 993.84 848.65 44,872 594.90 69.72 17 40,550 43,562 993.84 906.83 45,463 594.90 69.72 18 40,975 44,094 993.84 966.07 46,054 594.90 69.72 19 41,400 44,626 993.84 1,026.38 46,646 594.90 69.72 20 41,825 45,437 993.84 1,087.75 47,519 594.90 69.72 21 42,250 46,069 993.84 1,150.18 48,213 594.90 69.72 22 42,675 46,701 993.84 1,213.68 48,909 594.90 69.72 23 43,100 47,332 993.84 1,278

Appears in 1 contract

Sources: Master Contract

Procedures. 9.4.1 Step 1 Every effort shall be made The parties acknowledge that it is usually most desirable for a faculty member and a faculty member's immediately involved supervisor to resolve grievances or potential grievances problems through free and informal communications between communications. When requested by the grievant and his immediate administrative supervisor. Howeverfaculty member, if such an Association representative may accompany the faculty member to assist in the informal processes fail to provide an acceptable adjustment resolution of the grievance. If, however, the grievant informal process fails to satisfy the faculty member or the Association, a grievance may proceed to be processed as follows: A. Step 2. 9.4.2 Step 2 One: The grievant or, at his request, faculty member or the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) present the grievance in writing to the grievant's immediate administrative supervisor immediately involved supervisor, who shall will arrange for a meeting to take place within four (4) 10 college days after receipt of the formgrievance. The grievance shall be submitted within 15 college days of when the occurrence might reasonably have been ascertained. If the grievant requests, they may be accompanied to the meeting by a member of the full-time faculty. If the Association is not the grievant, his immediate supervisor, and if the faculty member accompanying the grievant is not a representative full member of the Association, unless the Association waives may have one of its right to have its full members as a representative present, shall attend at the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding Within 10 college days of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide meeting, the grievant and recognized employee organization the Association shall be provided with a the supervisor's written response (Appendix 5response, including the reason(s) to for the Grievance Review Request Form within four (4) days after the meetingdecision. 9.4.3 B. Step 3 Two: If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievantOne, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) President of the College or designee within five college days after receipt of the meeting prescribed in Step 2 is heldOne answer. The Superintendent President, or their designee, shall arrange to meet with the grievant and with representatives Association representative for a meeting to take place within 10 college days of receipt of the Association, unless the Association or the employee waives its right to have representatives attend appeal. Within 10 college days of the meeting, within ten (10the Association shall be provided with a written response from the President or designee, including the reason(s) days after for the grievance has been referred to him. Both thedecision. 9.4.4 C. Step 4 Three: If the grievant Association is not satisfied with the disposition of his the grievance at Step 3 Two or if the Superintendent has not provided a written decision within the time prescribed in Step 3limits expire without the issuance of the President's or designee's written reply, then the grievant, or the Association acting on his behalf, may request submit the grievance to binding arbitration. The arbitrator shall be selected from a meeting with panel or panels to be secured from the BoardAmerican Arbitration Association (AAA). Upon mutual agreement of both parties, Step 4 would occurThe arbitrator's award shall be binding. If a request demand for a meeting with the Board arbitration is not delivered to the Superintendent with thirty (30) filed within 20 college days after the meeting prescribed in date for the Step 3 is heldTwo answer, then the grievance shall be deemed considered withdrawn. In connection with any such arbitration, it is agreed as follows: 1. That the arbitrator shall have no power to alter or enlarge the terms of this Agreement. 2. Each party shall bear the full costs for its representation in the arbitration. The Board cost of the arbitrator and the AAA shall meet within tenbe divided equally between the parties. 3. If either party requests a transcript of the proceedings, that party shall bear the full costs of that transcript. If both parties order a transcript, the cost shall be divided equally between the parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort The parties acknowledge that it is usually most desirable for a teacher and the teacher’s immediate supervisor to resolve problems through informal and free communications. Therefore, before a grievance is filed, the claimant shall discuss the claim with the most immediate supervisor. If, however, the informal process fails to satisfy the teacher, a grievance may be processed in the following manner, and the grievant may be accompanied by a representative of choice: The teacher or the Association shall file the grievance in writing with the immediate supervisor, who shall certify by signature the date the grievance was received. This certification shall be made to resolve grievances or potential grievances through free and informal communications between witnessed by the grievant and his immediate administrative supervisorgrievant. However, if such informal processes fail to provide an acceptable adjustment The written grievance shall state the nature of the grievance, shall note the grievant may proceed to Step 2. 9.4.2 Step 2 specific clause or clauses of the Agreement which are applicable, and shall state the remedy requested. The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place with the grievant within four five (45) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide make a decision on the grievance and communicate it in writing to the grievant and recognized employee organization the Superintendent with a written response five (Appendix 5) to days of the meeting. In the event the grievance has not been satisfactorily resolved at Step One, the grievant shall file a copy of the grievance with the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction Committee of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after of receipt of the Step One written decision. If the Grievance Committee feels that the grievance has been referred merit, the grievant shall file, within twenty (20) days of receipt of the Step One written decision, a copy of the grievance with the Superintendent. Within ten (10) days after receipt of the written appeal, the Superintendent shall respond in writing to himthe grievant and the Association Grievance Committee giving a decision, including reasons if the appeal is denied. Both the 9.4.4 Step 4 If the grievant grievance is not satisfied with the disposition of his grievance satisfactorily resolved at Step 3 or if Two, the grievance may proceed to binding arbitration. The Association may submit to the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or request on behalf of the Association acting on his behalf, may request a meeting with and the Board. Upon mutual agreement of both parties, Step 4 would occurgrievant to enter into binding arbitration. If a request demand for a meeting with the Board binding arbitration is not delivered to the Superintendent with filed within thirty (30) days after of receipt of the meeting prescribed in Step 3 is heldTwo decision, then the grievance shall be deemed withdrawn. Arbitration proceedings shall be conducted by an arbitrator to be selected by the two parties through mutual selection or from a roster of arbitrators provided by the American Arbitration Association. Within seven (7) days after the Association requests binding arbitration, the two parties will request the American Arbitration Association provide a panel of seven (7) arbitrators. Each of the two parties will alternately strike one name at a time from the panel until only one name shall remain. The remaining name shall be the arbitrator. Expenses for the arbitrator’s services shall be borne equally by the District and the Association. The decision of the arbitrator shall be final and binding on the parties. The arbitrator, in his or her opinion, shall not amend, modify, nullify, ignore or add to the provisions of the Agreement. The arbitrator’s authority shall be strictly limited to deciding only the issue or issues presented to him or her in writing by the District and the Association and his or her decision must be based solely and only upon his or her interpretation of the meaning or application of the expressed relevant language of the Agreement. The Board and the Association shall meet within tennot be permitted to assert in these arbitration procedures any grounds or to rely on any evidence not previously disclosed to the other party.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall A. Any grievance must be made to resolve grievances or potential grievances through free and informal communications between the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, filed within ten (10) days of the aggrieved act or it shall be deemed forever waived by the grievant. B. Since it is important that a grievance 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. C. In the event a grievance is filed on or after the closing of the school year, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the parties agree to make a good faith effort to reduce the time limits set forth herein so that the grievance has been referred procedure may be exhausted as soon as is practicable. D. Nothing herein contained will be construed as limiting the right of any grievant having a grievance to himdiscuss the matter informally and confidentially with any appropriate member of the administration, and having the grievance adjusted without intervention of the Association; provided the adjustment is not inconsistent with the terms of this grievance procedure. E. Any aggrieved person may be represented at all stages of the grievance procedure by himself/ herself, or, at the grievant’s option, by a representative selected or approved by the Association. Both theIn any event the Association shall have a right to have a representative present and to state its views at all stages of the grievance procedure. 9.4.4 Step 4 F. Oral Informal Discussion with Principal or Immediate Supervisor A grievant with a grievance must first discuss it informally with the principal or where the grievant is not under the direct supervision of a principal, with the grievant’s immediate supervisor. The principal/immediate supervisor shall prepare a written memo of the discussion noting the date of the aggrieved act, the date the complaint was first made and the date of the discussion with the grievant. The principal/immediate supervisor shall forward a copy of this memo to the Executive Director of Human Resources. G. Level One - Written Formal Grievance to Principal If the grievant aggrieved party is not satisfied with the disposition of his the grievance by the principal or immediate supervisor, the grievant may file a written grievance with the principal/immediate supervisor on forms provided by the School District and the Association within five (5) days of the informal conference or ten (10) days of the aggrieved act, whichever is longer. The principal shall communicate the decision in writing to all parties in interest within five (5) days after receipt of the grievance. The decision shall include supporting reasons therefor. H. Level Two - Executive Director of Human Resources Within five (5) days of receipt of the decision rendered by the principal/immediate supervisor, any party in interest may appeal the principal’s/immediate supervisor’s decision to the Executive Director ofHumanResourcesonformsprovidedbytheSchoolDistrictandtheAssociation.The appeal shall include a copy of the Level One decision and the grounds for regarding the decision as incorrect. Within five (5) days of receipt of the appeal, the Executive Director of Human Resources shall communicate a decision in writing to all parties in interest. The decision shall include supporting reasons therefor. I. Level Three - Superintendent Within five (5) days of receipt of the decision rendered by the Executive director of Human Resources, any party in interest may appeal the Director’s decision to the Superintendent, or designee, on forms provided by the SchoolDistrictandtheAssociation.Theappealshallinclude a copy of the decisions of Level One and Level Two and the grounds for regarding the decision as incorrect. Within ten (10) days after receipt of the appeal, the Superintendent, or designee, shall communicate the decision in writing to all parties in interest. The decision shall include supporting reasons therefor. J. Level Four - Board of Education Within five (5) days of receipt of the decision rendered by the Superintendent, any party in interest may appeal the Superintendent’s decision to the Board of Education on forms provided by the School District and the Association. The appeal shall include a copy of decisions of Level One, Level Two, Level Three and the grounds for regarding the decision as incorrect. Within ten (10) days after receipt of the appeal, the Board of Education shall set a hearing for the grievance and shall forward written notice of the time and place of the hearing to all parties in interest. Within fifteen (15) days of hearing of the appeal, the Board of Education shall communicate its decision in writing to all parties in interest. The decision shall include supporting reasons therefor. The decision of the Board of Education shall be final. K. Failure at Step 3 any step of this procedure to communicate the decision in writing on a grievance within the specified time limits shall permit any party in interest 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. L. No reprisals of any kind will be taken by the Board of Education or if any member of the administration against any party in interest or any other party involved directly or indirectly in the grievance procedure. M. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the permanent central office files of the participants. N. Forms for processing grievances will be printed by the Board of Education and the Association and given appropriate distribution by the parties so as to facilitate operation of the grievance procedure. O. Every effort will be made by all parties to avoid interruption of classroom activities and to avoid the involvement of students in all phases of the grievance procedure. P. If in the judgment of the Executive Director of Human Resources and the Association, a grievance affects a group or class of teachers, the Association may submit such grievance in writing to the Superintendent has directly and the processing of the grievance shall be commenced at Level Three. Q. All parties in interest are required to exhaust the grievance procedure set forth in this article before seeking alternative remedies. R. If any party in interest elects to pursue any legal or statutory remedy for any grievance, such election will bar any further or subsequent proceedings for relief under the provisions of this procedure. S. It is appropriate at each level of the grievance process to determine whether such grievance is a proper grievable item as defined herein. If at any level it is determined that the grievance is not provided a written decision within the time prescribed in Step 3proper grievable item, then that determination should be noted in the grievantdecision rendered. This Agreement, or the Association acting and all items agreed on his behalfpursuant to this Agreement, may request a meeting with the Board. Upon mutual agreement of when adopted and signed by both parties, Step 4 would occurshall remain in effect for so long as the Association is recognized as the lawful representative of the certified personnel of the Union School District or until modified by the parties in writing. If a request for a meeting with Either party desiring changes in this Agreement shall notify the Board is not delivered to the Superintendent with other party in writing at least thirty (30) days after prior to any regular meeting of the meeting prescribed negotiations committee. Any changes in Step 3 is held, this Agreement must be made by a majority consent of both the grievance Board and Association. If any provision or application of this Agreement shall be deemed withdrawnfound contrary to law, such provision or application shall have effect only to the extent permitted by law. Adopted Negotiated Policy, 3-12-73 Revised Negotiated Policy, 12-5-88 Revised Negotiated Policy, 8-14-95 Revised Negotiated Policy, 10-14-02 Revised Negotiated Policy, 6-19-03 Revised Negotiated Policy, 8-29-05 Revised Negotiated Policy, 5-14-07 Revised Negotiated Policy, 8-27-07 Revised Negotiated Policy, 8-11-08 Revised Negotiated Policy, 11-14-11 * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The Board shall meet within tenState Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $379.76 per month ($379.76 x 12 = $4,557.12/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $379.76 per month ($379.76 x 12 = $4,557.12/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. 0 32,800 32,800 985.92 60.15 69.72 379.76 1 33,175 33,175 985.92 103.41 69.72 379.76 2 33,550 33,550 985.92 145.65 69.72 379.76 3 33,925 33,925 985.92 188.15 69.72 379.76 4 34,300 34,300 985.92 233.33 69.72 379.76 5 34,700 34,700 985.92 278.76 69.72 379.76 6 35,100 35,792 985.92 325.26 69.72 379.76 7 35,500 36,841 985.92 372.82 69.72 379.76 8 35,900 37,324 985.92 421.44 69.72 379.76 9 36,300 37,753 985.92 471.12 69.72 379.76 10 37,575 38,114 985.92 521.87 69.72 379.76 11 38,000 38,852 985.92 573.67 69.72 379.76 12 38,425 39,329 985.92 626.54 69.72 379.76 13 38,850 39,729 985.92 680.48 69.72 379.76 14 39,275 40,252 985.92 735.47 69.72 379.76 15 39,700 41,080 985.92 791.53 69.72 379.76 16 40,125 41,456 985.92 848.65 69.72 379.76 17 40,550 41,831 985.92 906.83 69.72 379.76 18 40,975 42,207 985.92 966.07 69.72 379.76 19 41,400 42,645 985.92 1,026.38 69.72 379.76 20 41,825 43,768 985.92 1,087.75 69.72 379.76 21 42,250 44,145 985.92 1,150.18 69.72 379.76 22 42,675 44,520 985.92 1,213.68 69.72 379.76 23 43,100 44,898 985.92 1,278.23 69.72 379.76 24 43,525 45,236 985.92 1,343.85 69.72 379.76 25 43,950 46,390 985.92 1,410.53 69.72 379.76 26 43,950 46,809 985.92 1,410.53 69.72 379.76 27 43,950 47,185 985.92 1,410.53 69.72 379.76 28 43,950 47,563 985.92 1,410.53 69.72 379.76 29 43,950 47,856 985.92 1,410.53 69.72 379.76 30 43,950 50,635 985.92 1,410.53 69.72 379.76 31 43,950 51,013 985.92 1,410.53 69.72 379.76 32 43,950 51,389 985.92 1,410.53 69.72 379.76 33 43,950 51,783 985.92 1,410.53 69.72 379.76 34 43,950 52,958 985.92 1,410.53 69.72 379.76 * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $379.76 per month ($379.76 x 12 = $4,557.12/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. 0 32,800 32,850 985.92 60.15 69.72 379.76 1 33,175 33,211 985.92 103.41 69.72 379.76 2 33,550 33,550 985.92 145.65 69.72 379.76 3 33,925 33,925 985.92 188.15 69.72 379.76 4 34,300 34,300 985.92 233.33 69.72 379.76 5 34,700 34,700 985.92 278.76 69.72 379.76 6 35,100 36,671 985.92 325.26 69.72 379.76 7 35,500 37,744 985.92 372.82 69.72 379.76 8 35,900 38,185 985.92 421.44 69.72 379.76 9 36,300 38,621 985.92 471.12 69.72 379.76 10 37,575 38,868 985.92 521.87 69.72 379.76 11 38,000 39,613 985.92 573.67 69.72 379.76 12 38,425 40,090 985.92 626.54 69.72 379.76 13 38,850 40,492 985.92 680.48 69.72 379.76 14 39,275 41,021 985.92 735.47 69.72 379.76 15 39,700 41,842 985.92 791.53 69.72 379.76 16 40,125 42,217 985.92 848.65 69.72 379.76 17 40,550 42,593 985.92 906.83 69.72 379.76 18 40,975 42,967 985.92 966.07 69.72 379.76 19 41,400 43,393 985.92 1,026.38 69.72 379.76 20 41,825 44,532 985.92 1,087.75 69.72 379.76 21 42,250 44,907 985.92 1,150.18 69.72 379.76 22 42,675 45,285 985.92 1,213.68 69.72 379.76 23 43,100 45,661 985.92 1,278.23 69.72 379.76 24 43,525 45,986 985.92 1,343.85 69.72 379.76 25 43,950 47,196 985.92 1,410.53 69.72 379.76 26 43,950 47,572 985.92 1,410.53 69.72 379.76 27 43,950 47,950 985.92 1,410.53 69.72 379.76 28 43,950 48,327 985.92 1,410.53 69.72 379.76 29 43,950 48,603 985.92 1,410.53 69.72 379.76 30 43,950 51,401 985.92 1,410.53 69.72 379.76 31 43,950 51,777 985.92 1,410.53 69.72 379.76 32 43,950 52,155 985.92 1,410.53 69.72 379.76 33 43,950 52,537 985.92 1,410.53 69.72 379.76 34 43,950 53,732 985.92 1,410.53 69.72 379.76 * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $379.76 per month ($379.76 x 12 = $4,557.12/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $379.76 per month ($379.76 x 12 = $4,557.12/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $379.76 per month ($379.76 x 12 = $4,557.12/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment

Appears in 1 contract

Sources: Master Contract

Procedures. 9.4.1 If a grievance is not filed within twenty-one (21) calendar days after the individual or the group knew or should have known of the set of conditions on which the grievance is based, the grievance shall be waived. Step 1 Every effort shall be made - Any Interpreter who has a grievance may, at their option, discuss the same with the supervisor, or reduce the grievance to resolve grievances or potential grievances through free writing and informal communications between have it filed with the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of The supervisor will return a written answer within seven (7) calendar days after receiving the grievance. Step 2 - In the event a grievance has not been satisfactorily resolved at the first step, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant orfile, within seven (7) calendar days of the supervisor's written decision at his requestthe second step, file a copy of the grievance with the Superintendent. Within ten (10) calendar days after such written grievance is filed, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievantSuperintendent or Superintendent's immediate administrative supervisor who designee shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and meet with the grievant may have present, others who might contribute and SSCEA representative and attempt to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of resolve the grievance. The supervisor Superintendent or Superintendent's designee shall provide file an answer within thirty (30) calendar days of the grievant second step grievance meeting and recognized employee organization with a written response (Appendix 5) communicate it in writing to the Grievance Review Request Form within four (4) days after Interpreter, SSCEA representative and the meetingsupervisor. 9.4.3 Step 3 - If the grievance is not adjusted resolved satisfactorily at Step 2 to step two, the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meetingGrievant may, within ten thirty (1030) calendar days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the BoardBoard of Education Classified Committee. Upon mutual agreement of both parties, Step 4 would occur. If The Board shall render a request for a meeting with the Board is not delivered to the Superintendent with decision within thirty (30) calendar days after following the meeting prescribed in Step 3 is held, date of the grievance shall be deemed withdrawnhearing. The Board shall meet within tenBoards decision on a grievance may not change or amend the terms of this collective bargaining agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall An attempt must be made to resolve grievances or any potential grievances through free and grievance in informal communications discussion between the grievant employee and his his/her building principal or supervising administrator. If, however, the informal process fails to satisfy the employee, a formal grievance may be processed as follows: 1. Provided the employee, their immediate administrative supervisor, and SEIU agree, and the contract provision grieved is not within the purview of the supervisor, Step 1, Step 2 and/or Step 3 of the grievance procedure may be bypassed and the grievance brought directly to the next step. 2. HoweverStep 1 The aggrieved employee must file in writing with the principal or supervising administrator within 15 days from the date of the occurrence of the event givi8ng rise to the grievance or within 10 days of the last informal discussion provided that the first informal discussion occurred within 15 days from the date of occurrence of the event giving rise to the grievance, if such informal processes fail to provide whichever is later, In the event the grievance is the result of events occurring on multiple days the last day on which and event occurs will be the starting point for the fifteen (15) days. The written notification must include items designed by section 2 Content of a Grievance. The member shall notify an acceptable adjustment SEIU representative of the claim and the representative shall participate in all further discussions outlined in this article. 3. Step 2 Within fifteen (15) days of receipt of the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may principal or supervising administrator shall submit an executed Grievance Review Request Form (Appendix 4) a written response to the grievant's immediate administrative supervisor who shall arrange for grievant with a meeting copy to take place the Superintendent and the SEIU ▇▇▇▇▇▇▇. Should the principal, supervising administrator, or grievant feel further conversations are needed before the written response, such conversations must occur within four five (45) days after of receipt of the form. The grievant, his immediate supervisor, grievance and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response must follow within the fifteen (Appendix 515) to day time limit for submitting the Grievance Review Request Form within four (4) days after the meetingresponse. 9.4.3 4. Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, member or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant SEIU is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent no disposition has not provided a written decision been made within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty fifteen (3015) days after the meeting prescribed in Step 3 is helddays, the grievance shall be deemed withdrawntransmitted to the Superintendent and/or designee. Such transmittance shall be within ten (10) days of the receipt of the written response from the principal or supervising administrator or the end of the fifteen (15) day timeline indicated in Step 2. The grievant shall meet with the Superintendent and/or designee to discuss the grievance, accompanied by an SEIU representative. The Superintendent and/or designee may request the Principals and other affected persons to attend. The Superintendent and/or designee shall make a written disposition of the grievance within ten (10) days of such meeting. 5. Step 4 If not satisfied with the disposition of the grievance at Step 3, the Association may submit the grievance to the Board of Education, such to be filed no later than five (5) days following the written decision of the Superintendent and/or designee. The appeal may be in writing or by way of an oral hearing, as SEIU may request, and if the latter, shall be closed unless otherwise mutually agreed and shall be before the full Board of a committee thereof as the Board shall designate. Any such hearing shall be scheduled within ten (10) days of the date of filing of the grievance at Step 4. The Board shall meet communicate its decision in writing to the aggrieved member and the SEIU ▇▇▇▇▇▇▇ within tenfive (5) days following the hearing. Those persons who have the right to participate in the meeting at the Superintendent’s level shall have the right to appear at the Board hearing, and legal counsel may also appear.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties hereto acknowledge that it is usually most desirable for a teacher and his or her immediately involved supervisor to resolve grievances or potential grievances problems through free and informal communications communications. An attempt shall be made by the grievant to resolve any grievance by means of an informal verbal communication between the grievant and his immediate administrative or her immediately involved supervisor. HoweverIf, if such however, the informal processes fail process fails to provide an acceptable adjustment satisfy the grievant, a grievance may be processed as follows: Step A: If the grievance is not resolved informally, then the grievant shall present the grievance in writing to the immediately involved supervisor. The grievance shall specify the article and clause alleged to have been violated and shall state the remedy sought. The grievance shall be initiated at this step within thirty (30) days from the point the grievant becomes aware of the alleged violation, or should have become aware, whichever is later. The immediately involved supervisor shall arrange for a meeting to take place with the grievant within ten (10) days after the receipt of the grievance. The immediately involved supervisor shall provide a written answer, which includes the reason for his/her decision to the grievant within ten (10) days after the scheduled meeting. Step B: If the grievance is not resolved at Step (A), the grievant aggrieved may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, refer the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) grievance to the grievant's immediate administrative supervisor who Superintendent or his official designee within ten (10) days after the receipt of the Step (A) response. The Superintendent or his official designee shall arrange for a meeting to take place within four ten (410) days after of his receipt of the formappeal. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within Within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If meeting the grievant is not satisfied shall be provided with the disposition of his grievance at Step 3 or if Superintendents written response, which includes the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Boardreason for his/her decision. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board hearing is not delivered to the Superintendent with filed within thirty (30) days after of the meeting prescribed in date of the Step 3 is held(B) answer, then the grievance shall be deemed withdrawn. 1. Neither the Board of Education nor the Association shall be permitted to assert any grounds or evidence before the arbitrator, which has not previously been disclosed to the other party. 2. The arbitrator, in his opinion, shall not amend, modify, nullify, ignore, or add to the provisions of this Agreement. His authority shall be strictly limited to deciding only the issue presented to him in writing by the School District and the Association, and his decision must be based only upon his interpretation of the meaning or application of the express relevant language of the Agreement 3. Each party shall bear the full costs for its representation in the grievance procedure. 4. Each party shall share equally the cost of the arbitrator and the associated filing fees. If either party requests a transcript of the proceedings, that party shall bear full costs for that transcript. If both parties order a transcript, the costs of the two transcripts shall be divided equally between the Board and the Association. 5. If the Association or any employee files a complaint or suit in a court of competent jurisdiction, the school district shall meet within tennot be required to process the claim or set of facts through the grievance procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 In the event that a member or JSSO has a grievance, the following steps will be followed without bypass: Step 1 Every effort shall be made 1: The member will try to resolve grievances or potential grievances that problem through free and discussion with the building principal. When requested by the member, a representative may accompany the member to assist in the informal communications between the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment resolution of the grievance. When requested by the building principal, another administrator may accompany the principal to assist in the informal resolution of the grievance. Step 2: If informal Step One (1) fails to satisfy the member, within twenty (20) working days the member may present the grievance in writing to the building principal, who will arrange for a meeting to take place. The building grievance person, the grievant may proceed to Step 2grievant, the building principal, and, at the option of the principal, another administrator will be present at that meeting. Within five (5) working days the building grievance person and the complainant will be provided with the principal's written response, including reasons for the decision. 9.4.2 Step 2 The grievant or3: Within ten (10) working days of the Step Two (2) answer, and if the grievance is not resolved at his requestStep Two (2), the Association on his behalf, JSSO grievance representative may submit an executed Grievance Review Request Form (Appendix 4) refer the grievance to the grievant's immediate administrative supervisor Superintendent, who shall arrange for a meeting to take place within four five (45) working days after of his receipt of the formappeal. The Each party shall have the right to include in its representation, such witnesses and counselors as it deems necessary. Within five (5) working days, the JSSO grievance representative, the grievant, his immediate supervisorand the principal shall be provided with the Superintendent's written response, including the reasons for the decision. Step 4: Within fifteen (15) working days of receipt of the Superintendent's Step Three (3) answer, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If if the grievance is still not adjusted at Step 2 resolved, the grievance may be referred to the satisfaction Board of Education. At this level, neither the administration nor the JSSO shall be permitted to assert any evidence that was not previously disclosed to the other party. Within fifteen (15) working days the JSSO grievance representative, the grievant, then and the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent principal shall arrange to meet be provided with the grievant and with representatives of Board's written response, including reasons for the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both thedecision. 9.4.4 Step 4 5: If the grievant Organization is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision Four (4), within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) calendar days after the meeting prescribed Organization may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the 1. Neither the Board nor the JSSO shall be permitted to assert any grounds or evidence before the arbitrator that has not previously been disclosed to the other party. 2. The arbitrator shall have no power to alter the terms of this agreement. 3. Each party shall bear the full costs of its representation in Step 3 is heldthe arbitration. The cost of the arbitrator and the AAA shall be divided equally between the Board and the JSSO. 4. If either party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If both parties order a transcript, the grievance shall be deemed withdrawn. The Board shall meet within tencost of the two

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties hereby acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve grievances or potential grievances problems through free and informal communications between communications. When requested by the grievant and his immediate administrative supervisoremployee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. HoweverIf, if such however, the informal processes fail process fails to provide an acceptable adjustment satisfy the employee or the Association, a grievance may be processed as follows: ! Step I—Within twenty (20) days following the occurrence of the event giving rise to the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, employee or the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) present the grievance in writing to the grievant's immediate administrative supervisor supervisor, who shall will arrange for a meeting to take place within four ten (410) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor written grievance shall provide include: 1) the factual basis for the grievance; 2) the provisions of this agreement which are alleged to have been violated or misapplied; and 3) a specific remedy requested. Within ten (10) days of the meeting, the grievant and recognized employee organization the Association shall be provided with a the immediate supervisor’s written response (Appendix 5) to response, including the Grievance Review Request Form within four (4) days after reasons for the meeting. 9.4.3 decision. ! Step 3 II—If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievantI, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, Superintendent’s official designee within ten (10) days after the grievance has been referred receipt of the Step I answer. The Superintendent or designee shall arrange with the Association representatives for a meeting to himtake place within ten (10) days of the Superintendent’s receipt of the appeal. Both the 9.4.4 Each party shall have the right to include in its representation such witnesses and internal representatives as it deems necessary to develop the facts pertinent to the grievance. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent or designee’s written response, including the reasons for the decision. ! Step 4 III—If the grievant Association is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3II, then the grievant, or the Association acting on his behalfmay submit the grievance to final and binding arbitration through the American Arbitration Association (“AAA”), may request a meeting with which shall act as the Board. Upon mutual agreement administrator of both parties, Step 4 would occurthe proceedings. If a request demand for a meeting with the Board arbitration is not delivered to the Superintendent with thirty filed within twenty (3020) days after of the meeting prescribed in date for the Step 3 is heldII answer, then the grievance shall be deemed withdrawn. a. The arbitrator shall have no power to alter the terms of this Agreement nor to amend, modify, nullify, ignore or add to the provisions of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing by the parties involved and his/her decision must be based solely and only upon his/her interpretation of the meaning or application of the express relevant language of this Agreement. b. The Board and the Association shall meet within tenbear equally the costs of arbitration proceedings. All legitimate expenses incurred by the arbitrator and his/her fee shall be shared equally by the Board and the Association. Each party shall be responsible for compensating its own legal counsel, representatives and witnesses, if they are necessary to process the grievance. c. If either party requests a transcript of the proceedings, that party shall bear the full cost of that transcript. If both parties order a transcript, the cost of the two transcripts shall be divided equally between the parties. If a copy of the transcript shall be furnished to the arbitrator, the cost of such shall be paid as part of the costs for the arbitration proceedings. d. All claims for back wages shall be limited to the amount of wages that an employee would have otherwise earned plus interest, less any state unemployment compensation or other salary s/he may have earned on a replacement job during the period of back pay.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties acknowledge that it is usually most desirable for an employee and the employee’s immediate involved supervisor to resolve grievances or potential grievances problems through free and informal communications between communications. When requested by the grievant and his immediate administrative supervisor. Howeveremployee, if such an Association representative may accompany the employee to assist in the informal processes fail to provide an acceptable adjustment resolution of the grievance. If, however, the grievant informal process fails to satisfy the employee or the Association, a grievance may proceed to be processed as follows: a. Step 2. 9.4.2 Step 2 I – The grievant or, at his request, employee or the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) present the grievance in writing to the grievant's immediate administrative supervisor who shall building principal within ten (10) days of the event. The building principal will arrange for a meeting to take place within four ten (410) days after receipt of the formgrievance. The Association’s representative, the grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, principal shall attend be present for the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding Within five (5) days of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide meeting, the grievant and recognized employee organization the Association shall be provided with a the principal’s written response (Appendix 5) to response, including the Grievance Review Request Form within four (4) days after reasons for the meetingdecision. 9.4.3 b. Step 3 II – If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievantI, then the grievant, grievant or the Association acting on his behalf, Representative may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet or his assignee with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred receipt of the Step I answer. The Superintendent shall arrange with the grievant or the Association representative for a meeting to himtake place within five (5) days of the Superintendent’s receipt of the appeal. Both theEach party shall have the right to representation. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent’s receipt of the appeal. Each party shall have the right to representation. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for the decision. 9.4.4 c. Step 4 III – If the grievant association is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3II, then the grievant, or the Association acting on his behalf, may request a meeting with submit the Board. Upon mutual agreement grievance to final and binding arbitration through the American Arbitration Association which shall act as the administrator of both parties, Step 4 would occurthe proceedings. If a request demand for a meeting with the Board arbitration is not delivered to the Superintendent with filed within thirty (30) days after of the meeting prescribed in date for the Step 3 is heldII answer, then the grievance shall be deemed withdrawn. If a demand for arbitration is not filed within thirty (30) days of the date for the Step II answer, then the grievance shall be deemed withdrawn. 1. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which was not previously disclosed to the other party. 2. The Board arbitrator shall meet within tenhave no power to alter the terms of this agreement. 3. The fees and the expenses of the arbitrator shall be shared equally.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every a. Grievance proceedings shall be kept informal and confidential at all levels of this procedure. Breach of confidentiality may result in disciplinary action. b. The number of days indicated at each level of this procedure shall be considered a maximum, and every effort shall be made to resolve grievances or potential grievances through free and informal communications between expedite the process. c. If the College fails to comply with the time limit requirements as set forth under any of the procedure levels, the grievance shall be considered automatically appealed to the next level of the procedure. d. If the grievant and his immediate administrative supervisor. However, if such informal processes fail fails to provide an acceptable adjustment comply with the grievant’s time limit requirements as set forth under any of the grievanceprocedure levels, the grievant may proceed to Step 2grievance shall be considered null and void. 9.4.2 Step 2 e. The grievant or, at his request, time limits set forth herein may be extended provided the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to extension has been mutually agreed upon in writing by the grievant's immediate administrative supervisor who parties. f. A grievance shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, not be considered unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If files the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred grievant knew or reasonably should have known of the action that precipitated the grievance. g. No reprisal or retaliation by any party to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance shall be deemed withdrawntaken against any party as a result of participation in the proceeding of a grievance. h. A grievant and the party charged may be accompanied and represented at any hearing or meeting conducted under this procedure. i. A faculty member, acting individually, may present a grievance without the intervention of the Federation provided the grievance has been processed in accordance with this procedure. At any hearing of a grievance brought individually by a faculty member, the Federation as a party to this Agreement, will be afforded the opportunity to be present and present its views. Any adjustment made shall be consistent with the provisions of this Agreement. j. If a grievance affects a group of two or more faculty members of the bargaining unit or involves a decision or action by the College that has a system-wide impact, the Federation may submit the grievance on behalf of the affected faculty members at Level Two of this procedure. The Board parties may submit this grievance at Level One if all of the members of the bargaining unit affected by the grievance have the same supervisor. k. The parties shall meet within tencooperate in any investigation that may be necessary in order to expedite the process. l. All documents related to a grievance shall be maintained in a separate grievance file and shall not be kept in the personnel file of any of the grievance participants. m. All grievances and grievance responses shall be filed and processed on grievance forms mutually agreed upon by the parties and contained in an Appendix of this Agreement. n. Unless otherwise agreed to by the parties, the processing of grievances shall be conducted during non-instruction time. o. All decisions shall be submitted in writing at each step of the grievance procedure and the decision shall be submitted to both the grievant and the Federation.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 (a) First Step 1 Every effort An attempt shall be made to resolve grievances or potential grievances through free and informal communications any grievance in informal, verbal discussion between the grievant complainant and his immediate administrative supervisor. (b) Second Step If the grievance cannot be resolved informally, the aggrieved teacher shall file the grievance in writing, and at a mutually agreeable time, discuss the matter with the principal. However, if such informal processes fail to provide an acceptable adjustment The grievance should state the facts of the grievance, grievance and remedy requested. The filing of the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, grievance with the building principal at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) second step must be within 20 school days from the date of the occurrence of the event giving rise to the grievant's immediate administrative supervisor who grievance. The principal shall arrange communicate his/her decision in writing and set forth the rationale for a meeting such decision to take place the teacher and the superintendent within four ten (410) school days after receipt of the formwritten grievance. (c) Third Step In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved teacher shall file, within five (5) school days after receipt of the principal's written decision at the second step, a copy of such grievance with the Superintendent. The grievantWithin ten (10) school days after such written grievance is so filed, his immediate supervisorthe aggrieved and his/her representative, if any, the principal, and a representative of the AssociationSuperintendent and his/her representative, unless the Association waives its right to have its representative presentif any, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute meet to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of resolve the grievance. The supervisor superintendent shall provide render his/her decision and set forth the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, rationale for such decision within ten (10) school days after of the third step grievance has been referred meeting and communicate it in writing to him. Both thethe teacher, principal, and the O.E.A. 9.4.4 (d) Fourth Step 4 If the grievant teacher is not satisfied with the disposition of his the grievance at Step 3 the third step or if the Superintendent has not provided a written decision within the time prescribed in Step 3limits expire without the issuance of the Superintendent's written reply, then the grievantteacher may submit the grievance to final and binding arbitration under the "Voluntary labor Arbitration Rules" of the American Arbitration Association, or which shall act as the Association acting on his behalf, may request a meeting with administrator of the Board. Upon mutual agreement of both parties, Step 4 would occurproceedings. If a request demand for a meeting with the Board arbitration is not delivered to the Superintendent with filed within thirty (30) days after of the meeting prescribed in Step 3 is helddate for the third step answer, then the grievance shall be deemed withdrawn. (1) Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which has not previously been disclosed to the other party. (2) The arbitrator shall have no power to alter the terms of this agreement, (3) Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitrator and the AAA shall be divided equally between the Board and the Association. (4) If either party requests a transcript of the proceedings, that party shall meet within tenbear the full costs for that transcript. If both parties order a transcript, the cost of the two (2) transcripts shall be divided equally between the Board and the Association.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1. Stage 1 Every effort shall be made to resolve grievances or potential grievances through free and informal communications between the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide - Within twenty-eight (28) days after an acceptable adjustment of the grievancealleged grievance occurred, the grievant may proceed aggrieved teacher shall present his grievance in writing to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's his/her immediate administrative supervisor who shall arrange discuss the grievance with the aggrieved teacher, or with the teacher and his/her representative (s) if any. If no mutual time for a meeting to take place can be arranged within four five (45) days after receipt of the formwritten grievance, then arrangements shall be made to relieve the teacher of duties in order to meet with the person involved in each stage where applicable. 2. Intermediate Stage (Building Principal) - If the immediate supervisor is a department head, then Stage 2 will be the building principal; if the immediate supervisor is a building principal, then appeal from Stage 1 will go directly to Stage 3. The grievant, his immediate supervisor, and a representative procedures at Stage 2 shall follow the provisions of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievanceStage 1. The supervisor building principal shall provide the grievant and recognized employee organization with render a written response (Appendix 5) decision in writing to the Grievance Review Request Form teacher within four seven (47) days after the meetinghearing. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction 3. Chief Administrator Stage a. The Superintendent shall, within seven (7) days of receipt of a notice of the grievant, then the grievant, or the Association acting on his behalf, may refer ’s intent to pursue the grievance to this step, notify the aggrieved teacher and immediate supervisor to submit written statements to him/her within seven (7) days setting forth the specific nature of the grievance, the facts relating thereto, and the determination(s) previously rendered. b. If such is requested, in the written statement of either party pursuant to paragraph “a” above, the Superintendent no later than eight shall notify all parties concerned in the case of the time and place when a hearing will be held where such parties may appear and present oral and written statements supplementing their position in the case. Such hearings shall be held within seven (8) 7) days after of receipt of the meeting prescribed in Step 2 is held. written statements pursuant to paragraph “a”. c. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, render his determination in writing within ten fourteen (1014) days after the grievance has written statements pursuant to paragraph “a” and/or “b” have been referred presented to him/her or the hearing provided for in paragraph “b” is held. 4. Both theBoard Stage - All written statements and records of the case shall be submitted to the President of the Board by the Superintendent. The Board may, at the request of either party or the Board itself, hold a hearing within fourteen (14) days of the initiation of this stage to obtain further information regarding the case. After receiving both the report of the Superintendent and the appeal of the aggrieved teacher, the Board shall render a decision. If no hearing is held such decision shall be rendered within fourteen (14) days of receipt of notice of appeal; if a hearing be held such decision shall be rendered within fourteen (14) days of the date of the hearing. 9.4.4 Step 4 If 5. Arbitration Stage a. After such hearing, if the grievant is teacher and/or Association are not satisfied with the disposition of his grievance decision at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3Stage 4, then the grievant, or and the Association acting on his behalfdetermines that the grievance is meritorious and that appealing it is in the best interest of the school system, it may request a meeting with submit the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered grievance to arbitration by written notice to the Superintendent of Schools with thirty a copy to the Board within twenty-one (3021) days after of the meeting prescribed decision at Stage 4. b. The parties shall select on a rotating basis from the following panel of arbitrators: ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇. In the event that none of the aforementioned arbitrators are available in Step 3 is helda timely fashion or decline to hear a dispute, the grievance parties shall have five (5) days within which to agree upon an alternate arbitrator from the American Arbitration Association. If no such agreement can be made, the matter shall be deemed withdrawnreferred to the American Arbitration Association for designation. In either case, the Voluntary Labor Arbitration Rules of the American Arbitration Association shall be used. c. The selected arbitrator will hear the matter promptly. The Board arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issue. d. The arbitrator shall meet within tenhave no power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. e. The decision of the arbitrator shall be final and binding upon all parties. f. The costs for the services of the arbitrator, including expenses, if any, will be borne equally by the District and the Association. 6. AMERICANS WITH DISABILITIES ACT (ADA) Any dispute arising with regard to an employee's claim for a reasonable accommodation shall be resolved through the grievance procedure, which shall be the exclusive remedy. Upon a notice of five (5) days of an intent to grieve, this dispute may proceed directly to arbitration.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made to The parties acknowledge that an Employee and the Board may resolve grievances or potential grievances problems through free and informal communications between the grievant and his immediate administrative supervisorcommunications. However, if such informal processes fail a grievance shall be processed as follows: A. Step 1 – The Association, an individual employee or group of employees shall present the grievance in writing to provide an acceptable adjustment the immediately involved supervisor within twelve (12) days of the occurrence giving rise to the grievance, or when the Association or the grievant may proceed to Step 2. 9.4.2 Step 2 should reasonable have had knowledge, unless the violation is of a continuing nature. The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall will arrange for a meeting to take place within four five (45) days after receipt of the formgrievance. The grievantAssociation’s representative, his immediate supervisor, the grievant and a representative of the Association, unless the Association waives its right to have its representative present, immediately involved supervisor shall attend be present for the meeting. In additionWithin twelve (12) days of the meeting, both the supervisor Association and the grievant may have presentshall be provided with the supervisor’s written response, others who might contribute to a better understanding of including the facts and issues or otherwise contribute to an acceptable adjustment of reasons for the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meetingdecision. 9.4.3 B. Step 3 2 – If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievant1, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight Board of Education within fifteen (8) 15) days after receipt of the meeting prescribed in Step 2 is held1 answer. The Superintendent Board President shall arrange to meet with the grievant and Association representative, for a meeting to take place with representatives the Board of Education within fifteen (15) days of the Association, unless Board’s receipt of the Association or the employee waives its right to have representatives attend the meeting, within appeal. Within ten (10) days after of the grievance has been referred to him. Both themeeting the Association shall be provided with the Board of Education’s written response including the reasons for the decision. 9.4.4 C. Step 4 3 – If the grievant Association is not satisfied with the disposition of his the grievance at Step 3 2, it may submit the grievance to final and binding arbitration within twenty (20) days of receipt of the Board’s decision. Unless the parties can come to a mutual agreement on the selection of an arbitrator, the parties will submit a joint request to either the American Arbitration Association (AAA) or if the Superintendent has not provided a written Federal Mediation and Conciliation Service (FMCS). Selection of the arbitrator and proceedings for the hearing shall be conducted in accordance with the voluntary labor arbitration rules of AAA. The arbitrator shall be without power or authority to make any decision within the time prescribed in Step 3which is contrary to, then the grievantinconsistent with, or which modifies or varies the Association acting on his behalf, may request a meeting terms of this Agreement; or which limits or interferes with the Board’s duties, powers or responsibilities under applicable law. Upon mutual agreement The sole power of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance arbitrator shall be deemed withdrawnto determine if the terms of this Agreement have been violated, misinterpreted, or misapplied. The Board decision and/or award of the arbitrator, if made in accordance with his jurisdiction, shall meet within tenbe binding on the parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties acknowledge that it is usually most desirable for an employee and the employee’s immediate involved supervisor to resolve grievances or potential grievances problems through free and informal communications between communications. When requested by the grievant and his immediate administrative supervisor. Howeveremployee, if such an Association representative may accompany the employee to assist in the informal processes fail to provide an acceptable adjustment resolution of the grievance. If, however, the grievant informal process fails to satisfy the employee or the Association, a grievance may proceed to be processed as follows: a. Step 2. 9.4.2 Step 2 I − The grievant or, at his request, employee or the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) present the grievance in writing to the grievant's immediate administrative supervisor who shall building principal within ten (10) days of the event. The building principal will arrange for a meeting to take place within four ten (410) days after receipt of the formgrievance. The Association’s representative, the grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, principal shall attend be present for the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding Within five (5) days of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide meeting, the grievant and recognized employee organization the Association shall be provided with a the principal’s written response (Appendix 5) to response, including the Grievance Review Request Form within four (4) days after reasons for the meetingdecision. 9.4.3 b. Step 3 II − If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievantI, then the grievant, grievant or the Association acting on his behalf, Representative may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet or his assignee with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred receipt of the Step I answer. The Superintendent shall arrange with the grievant or the Association representative for a meeting to himtake place within five (5) days of the Superintendent’s receipt of the appeal. Both theEach party shall have the right to representation. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent’s receipt of the appeal. Each party shall have the right to representation. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for the decision. 9.4.4 c. Step 4 III − If the grievant association is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3II, then the grievant, or the Association acting on his behalf, may request a meeting with submit the Board. Upon mutual agreement grievance to final and binding arbitration through the American Arbitration Association which shall act as the administrator of both parties, Step 4 would occurthe proceedings. If a request demand for a meeting with the Board arbitration is not delivered to the Superintendent with filed within thirty (30) days after of the meeting prescribed in date for the Step 3 is heldII answer, then the grievance shall be deemed withdrawn. 1. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which was not previously disclosed to the other party. 2. The Board arbitrator shall meet within tenhave no power to alter the terms of this agreement. 3. The fees and the expenses of the arbitrator shall be shared equally.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made to resolve grievances The ▇▇▇▇▇▇ Education Association designates the Association President or potential his/her designee as the local agent responsible for processing grievances through free and informal communications between the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the grievance, the grievant may proceed to Step 2Level Three. 9.4.2 Step 2 The grievant or1. LEVEL ONE - A teacher, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt group of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievantteachers, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meetingbelieving that there has been a violation shall, within ten (10) school days after of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussion, the grievant shall express the grievance has been referred to himin writing and process in accordance with Level Two. 2. Both the 9.4.4 Step 4 LEVEL TWO - If the grievant meeting is not satisfied with the disposition of his grievance at Step 3 or if school principal and the Superintendent has parties cannot provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is heldagree, the grievance shall promptly be deemed withdrawntransmitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied by the Superintendent, either upon review of the action of the school principal or in the first instance, the Superintendent shall answer the grievance in writing and the grievance with the answer shall be transmitted to the Association. 3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties. a. The arbitrator shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the Arbitration hearing. The Board and Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction where such award does not conflict with or deny the powers and duties of the Board granted by Legislative Act. b. If any teachers for whom a grievance is sustained shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, the arbitrator will have authority to reinstate the teacher, with full reimbursement for all compensation lost. The costs of any arbitration under this article shall be shared equally by the Board and the Association. c. It is expressly understood that the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Act. d. It is understood that the time limits are maximum and can be extended with the written mutual consent of both parties. Both parties should be encouraged to process a grievance as rapidly as possible and within the limits and procedure as set forth herein. If the administration at any step fails to respond in a timely manner, the grievance will be considered denied and may be moved to the next level. Failure of the grievant to meet within tenany time limits will result in the grievance being considered as withdrawn. e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use his/her best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. If the grievance is processed to arbitration, the parties may submit the grievance to expedited arbitration under the rules of the American Arbitration Association.

Appears in 1 contract

Sources: Master Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made to The parties acknowledge that a Teacher and an Administrator may resolve grievances or potential grievances problems through free and informal communications between communications. The informal disposition of problems in no way prohibits the grievant and his immediate administrative supervisorAssociation from filing a grievance nor does it establish a precedent. However, if such informal processes fail a grievance shall be processed as follows: 3.2.1 STEP I - The grievant shall present the grievance in writing, signed, dated and specifying the remedy sought, to provide an acceptable adjustment the immediately involved administrator within ten (10) days of the grievanceincident or within 45 calendar days, stating the grievant may proceed Article and Section of the Agreement alleged to Step 2. 9.4.2 Step 2 have been violated. The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall administrator will arrange for a meeting to take place within four ten (410) days after of receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor Association’s representative, the grievant, and the immediately involved administrator shall provide be present for the meeting. Within ten (10) days of the meeting, the grievant and recognized employee organization the Association shall be provided with a the administrator’s written response (Appendix 5) to response, including the Grievance Review Request Form within four (4) days after reasons for the meetingdecision. 9.4.3 Step 3 3.2.2 STEP II - If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievantSTEP I, then the grievant, or the Association acting on his behalf, may shall refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, Superintendent’s official designee within ten (10) days after receipt of the grievance has been referred STEP I answer. The Superintendent shall arrange with the Association representative for a meeting to himtake place within (10) days of the Superintendent’s receipt of the appeal. Both theWithin ten (10) days of the meeting, the Association shall be provided with the Superintendent’s receipt of the appeal. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for the decision. 9.4.4 Step 4 3.2.3 STEP III - If the grievant Association is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3STEP II, then the grievant, or the Association acting on his behalf, may request a meeting with submit the Boardgrievance to final and binding arbitration. Upon mutual agreement The American Arbitration Association shall act as the administrator of both parties, Step 4 would occurthe proceedings using the Voluntary Labor Arbitration Rules. If a request demand for a meeting arbitration is not filed with the Board is not delivered to the Superintendent with within thirty (30) days after of the meeting prescribed in Association’s receipt of the Step 3 is heldII answer, then the grievance shall be deemed withdrawn. 3.2.3.1 Neither the Board nor the grievant shall be permitted to assert any grounds of evidence before the arbitrator, which was not previously disclosed to the party. 3.2.3.2 The arbitrator shall have no power to alter the terms of this Agreement. 3.2.3.3 Each party shall bear the full cost for its representation in the grievance procedure. 3.2.3.4 The fees and the expenses of the arbitrator shall be shared equally by the parties. 3.2.3.5 If only one party requests the presence of a court reporter, that party shall bear the cost of the reporter. The Board If both parties request a court reporter, they shall meet within tenshare the costs. 3.2.3.6 If only one party requests the postponement of an arbitration hearing, that party shall bear the cost of such postponement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties hereto acknowledge that it is the most desirable for an employee and employee's immediately involved supervisor to resolve grievances or potential grievances problems through free and informal communications between communications. When requested by the grievant and his immediate administrative supervisor. Howeveremployee, if such an Association representative may accompany the employee to assist in the informal processes fail to provide an acceptable adjustment resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed as provided below. The filing of the grievance at Step I or Step II below must be within twenty (20) days of the date of the occurrence of the event giving rise to the grievance. All time limits shall consist of school days, except that during any vacation or break periods (excluding regular School District holidays) regular calendar days shall be counted for the purpose of establishing time limits. The failure of a grievant to act on any grievance within the prescribed time limits will act as a bar to any further appeal. If no decision has been rendered within the time limits indicated within a step, then the grievance shall be processed to the next step. The time limits at any step or at any point in the grievance process, however, may proceed to Step 2be extended by mutual agreement. 9.4.2 Step 2 1) STEP I - The grievant or, at his request, employee or the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) present the grievance in writing to the grievant's immediate administrative supervisor immediately involved supervisor, who shall will arrange for a meeting to take place within four five (45) working days after receipt of the formgrievance. The Association's representative, the grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, immediately involved supervisor shall attend be present at the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding Within five (5) working days of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide meeting, the grievant and recognized employee organization the Association shall be provided with a the supervisor's written response (Appendix 5) to response, including the Grievance Review Request Form within four (4) days after reasons for the meetingdecision. 9.4.3 Step 3 2) STEP II - If the grievance is not adjusted resolved at Step 2 to the satisfaction of the grievantI, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight within fifteen (8) 15) working days after receipt of the meeting prescribed in Step 2 is heldI answer. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request representative for a meeting with to take place within five (5) working days of the Board is not delivered Superintendent's receipt of the appeal. Each party shall have the right to the Superintendent with thirty (30) days after the meeting prescribed include in Step 3 is held, the grievance shall be deemed withdrawnits representation such witnesses and counselors as it deems necessary. The Board shall meet within tenWithin five

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The party asserting a grievance may attempt to resolve grievances or potential grievances the problem through free and informal communications between communication with the grievant and his immediate administrative supervisor. However, if such informal processes fail The parties may agree to provide an acceptable adjustment bypass any step of the grievancegrievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant grievant(s) or the Union or both may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, formally present the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) grievance in writing to the grievant's immediate administrative department supervisor who shall will arrange for a meeting to take place be held within four ten (410) working days after receipt to review the grievance. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the form. The grievant, his immediate supervisor, and a representative formal written grievance at this step shall be within ten (10) working days of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding date of the facts and issues occurrence giving rise to the grievance, or otherwise contribute within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to an acceptable adjustment of the grievance. The supervisor shall provide a written answer to the grievant and recognized employee organization with a written response (Appendix 5) copy to the Grievance Review Request Form Union within four (4) 10 working days after of the meeting. The answer shall include the reasons for the decision. 9.4.3 Step 3 2: If the grievance is not adjusted satisfactorily resolved at Step 2 the preceding step, the grievant(s) or the Union or both may refer it to the satisfaction Chief of Police by filing the grievance in writing within 10 working days of receipt of the grievantanswer from Step 1 or, then if no answer is received, within 10 working days of the grievanttime that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Association acting on his behalfUnion, or both, may refer the grievance it to the Superintendent no later than eight Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (8) 10) working days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of receipt of the Associationanswer from the Chief or, unless the Association or the employee waives its right to have representatives attend the meetingif no answer is received, within ten (10) working days after of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance has been referred to him. Both the 9.4.4 Step 4 If arises from a decision or action at the grievant is not satisfied with Vice President’s level, the disposition of his grievance may be initiated at Step 3 or if the Superintendent has not 3, provided a written decision it is filed within the time limit prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance shall be deemed withdrawn. The Board shall meet within ten1.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made 1. Within ten (10) school days of the time a grievance arises, or within ten (10) school days of when the grievance should reasonably have become known, the CHESS Association member will present the grievance to resolve grievances or potential grievances through free his/her immediate supervisor. Free and informal communications between are encouraged. Within ten (10) school days after the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment presentation of the grievance, the grievant may proceed supervisor shall give his/her written answer orally to the griever. At the request of the grieved, the griever shall submit a “Statement of Grievance.” Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at resolved in Step 2 to 1, the satisfaction of the grievant, then the grievant, grievant or the CHESS Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meetingrepresentative may, within ten (10) school days after of receipt of the grievance has been referred Step 1 answer (written or oral), submit to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 building principal, or if the Superintendent has not provided grievance is a District issue, to the Director of Human Resources, a written decision within “Statement of Grievance” signed by the time prescribed employee. Within ten (10) school days of the receipt of the Step 2 grievance, the building principal/Director of Human Resources shall hold a Step 2 grievance conference. Within ten (10) school days of the Step 2 grievance conference, the building principal/Director of Human Resources shall issue a written Step 2 grievance answer. Step 3. If the grievance is not resolved in Step 32, then the grievant, grievant or the CHESS Association acting on his behalfmay, may request within fifteen (15) school days of the Step 2 grievance conference, submit a meeting with Step 3 grievance to the Superintendent. Within ten (10) school days of the receipt of the Step 3 grievance, the Superintendent, and/or other representatives of the Board, shall hold a Step 3 grievance conference. Upon mutual agreement Within ten (10) school days of both partiesthe Step 3 grievance conference, the Superintendent shall issue a written Step 4 would occur3 grievance answer. Step 4. If a request satisfactory disposition of the grievance is not made as a result of the conference provided for a meeting in Step 3 above, either the Board or the CHESS Association shall have the right to appeal the dispute to final and binding arbitration under and in accordance with the Board is not delivered to Voluntary Labor Arbitration Rules of the Superintendent with American Arbitration Association. Such appeal must be taken within thirty (30) days after from the meeting prescribed date of the conference provided for in Step 3 above unless a longer time is held, jointly agreed upon between the grievance shall be deemed withdrawn. The Board shall meet within tenparties.

Appears in 1 contract

Sources: Negotiation Agreement

Procedures. 9.4.1 Step 1 Every effort shall A. Any grievance must be made to resolve grievances or potential grievances through free and informal communications between the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, filed within ten (10) days of the aggrieved act or it shall be deemed forever waived by the grievant. B. Since it is important that a grievance 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. C. In the event a grievance is filed on or after the closing of the school year, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the parties agree to make a good faith effort to reduce the time limits set forth herein so that the grievance has been referred procedure may be exhausted as soon as is practicable. D. Nothing herein contained will be construed as limiting the right of any grievant having a grievance to himdiscuss the matter informally and confidentially with any appropriate member of the administration, and having the grievance adjusted without intervention of the Association; provided the adjustment is not inconsistent with the terms of this grievance procedure. E. Any aggrieved person may be represented at all stages of the grievance procedure by himself/ herself, or, at the grievant’s option, by a representative selected or approved by the Association. Both theIn any event the Association shall have a right to have a representative present and to state its views at all stages of the grievance procedure. 9.4.4 Step 4 F. Oral Informal Discussion with Principal or Immediate Supervisor A grievant with a grievance must first discuss it informally with the principal or where the grievant is not under the direct supervision of a principal, with the grievant’s immediate supervisor. The principal/immediate supervisor shall prepare a written memo of the discussion noting the date of the aggrieved act, the date the complaint was first made and the date of the discussion with the grievant. The principal/immediate supervisor shall forward a copy of this memo to the Executive Director of Human Resources. G. Level One - Written Formal Grievance to Principal If the grievant aggrieved party is not satisfied with the disposition of his the grievance by the principal or immediate supervisor, the grievant may file a written grievance with the principal/immediate supervisor on forms provided by the School District and the Association within five (5) days of the informal conference or ten (10) days of the aggrieved act, whichever is longer. The principal shall communicate the decision in writing to all parties in interest within five (5) days after receipt of the grievance. The decision shall include supporting reasons therefor. H. Level Two - Executive Director of Human Resources Within five (5) days of receipt of the decision rendered by the principal/immediate supervisor, any party in interest may appeal the principal’s/immediate supervisor’s decision to the Executive Director ofHumanResourcesonformsprovidedbytheSchoolDistrictandtheAssociation.The appeal shall include a copy of the Level One decision and the grounds for regarding the decision as incorrect. Within five (5) days of receipt of the appeal, the Executive Director of Human Resources shall communicate a decision in writing to all parties in interest. The decision shall include supporting reasons therefor. I. Level Three - Superintendent Within five (5) days of receipt of the decision rendered by the Executive director of Human Resources, any party in interest may appeal the Director’s decision to the Superintendent, or designee, on forms provided by the SchoolDistrictandtheAssociation.Theappealshallinclude a copy of the decisions of Level One and Level Two and the grounds for regarding the decision as incorrect. Within ten (10) days after receipt of the appeal, the Superintendent, or designee, shall communicate the decision in writing to all parties in interest. The decision shall include supporting reasons therefor. J. Level Four - Board of Education Within five (5) days of receipt of the decision rendered by the Superintendent, any party in interest may appeal the Superintendent’s decision to the Board of Education on forms provided by the School District and the Association. The appeal shall include a copy of decisions of Level One, Level Two, Level Three and the grounds for regarding the decision as incorrect. Within ten (10) days after receipt of the appeal, the Board of Education shall set a hearing for the grievance and shall forward written notice of the time and place of the hearing to all parties in interest. Within fifteen (15) days of hearing of the appeal, the Board of Education shall communicate its decision in writing to all parties in interest. The decision shall include supporting reasons therefor. The decision of the Board of Education shall be final. K. Failure at Step 3 any step of this procedure to communicate the decision in writing on a grievance within the specified time limits shall permit any party in interest 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. L. No reprisals of any kind will be taken by the Board of Education or if any member of the administration against any party in interest or any other party involved directly or indirectly in the grievance procedure. M. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the permanent central office files of the participants. N. Forms for processing grievances will be printed by the Board of Education and the Association and given appropriate distribution by the parties so as to facilitate operation of the grievance procedure. O. Every effort will be made by all parties to avoid interruption of classroom activities and to avoid the involvement of students in all phases of the grievance procedure. P. If in the judgment of the Executive Director of Human Resources and the Association, a grievance affects a group or class of teachers, the Association may submit such grievance in writing to the Superintendent has directly and the processing of the grievance shall be commenced at Level Three. Q. All parties in interest are required to exhaust the grievance procedure set forth in this article before seeking alternative remedies. R. If any party in interest elects to pursue any legal or statutory remedy for any grievance, such election will bar any further or subsequent proceedings for relief under the provisions of this procedure. S. It is appropriate at each level of the grievance process to determine whether such grievance is a proper grievable item as defined herein. If at any level it is determined that the grievance is not provided a written decision within the time prescribed in Step 3proper grievable item, then that determination should be noted in the grievantdecision rendered. This Agreement, or the Association acting and all items agreed on his behalfpursuant to this Agreement, may request a meeting with the Board. Upon mutual agreement of when adopted and signed by both parties, Step 4 would occurshall remain in effect for so long as the Association is recognized as the lawful representative of the certified personnel of the Union School District or until modified by the parties in writing. If a request for a meeting with Either party desiring changes in this Agreement shall notify the Board is not delivered to the Superintendent with other party in writing at least thirty (30) days after prior to any regular meeting of the meeting prescribed negotiations committee. Any changes in Step 3 is held, this Agreement must be made by a majority consent of both the grievance Board and Association. If any provision or application of this Agreement shall be deemed withdrawnfound contrary to law, such provision or application shall have effect only to the extent permitted by law. Adopted Negotiated Policy, 3-12-73 Revised Negotiated Policy, 12-5-88 Revised Negotiated Policy, 8-14-95 Revised Negotiated Policy, 10-14-02 Revised Negotiated Policy, 6-19-03 Revised Negotiated Policy, 8-29-05 Revised Negotiated Policy, 5-14-07 Revised Negotiated Policy, 8-27-07 Revised Negotiated Policy, 8-11-08 Revised Negotiated Policy, 11-14-11 * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $449.48 per month ($449.48 x 12 = $5,393.76/year). One half of the monthly amount ($224.74) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $449.48 per month ($449.48 x 12 = $5,393.76/year). One half of the monthly amount ($224.74) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $449.48 per month ($449.48 x 12 = $5,393.76/year). One half of the monthly amount ($224.74) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $449.48 per month ($449.48 x 12 = $5,393.76/year). One half of the monthly amount ($224.74) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $449.48 per month ($449.48 x 12 = $5,393.76/year). One half of the monthly amount ($224.74) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. 0 34,000 34,000 985.92 60.15 69.72 449.48 1 34,375 34,510 985.92 103.41 69.72 449.48 2 34,750 34,891 985.92 145.65 69.72 449.48 3 35,125 35,274 985.92 188.15 69.72 449.48 4 35,500 35,659 985.92 233.33 69.72 449.48 5 35,900 36,044 985.92 278.76 69.72 449.48 6 36,300 36,577 985.92 325.26 69.72 449.48 7 36,700 39,513 985.92 372.82 69.72 449.48 8 37,100 40,639 985.92 421.44 69.72 449.48 9 37,500 41,172 985.92 471.12 69.72 449.48 10 39,625 41,673 985.92 521.87 69.72 449.48 11 40,050 41,828 985.92 573.67 69.72 449.48 12 40,475 42,602 985.92 626.54 69.72 449.48 13 40,900 43,056 985.92 680.48 69.72 449.48 14 41,325 43,464 985.92 735.47 69.72 449.48 15 41,750 43,943 985.92 791.53 69.72 449.48 16 42,175 44,804 985.92 848.65 69.72 449.48 17 42,600 46,066 985.92 906.83 69.72 449.48 18 43,025 46,448 985.92 966.07 69.72 449.48 19 43,450 46,829 985.92 1,026.38 69.72 449.48 20 43,875 47,187 985.92 1,087.75 69.72 449.48 21 44,300 48,663 985.92 1,150.18 69.72 449.48 22 44,725 48,765 985.92 1,213.68 69.72 449.48 23 45,150 49,303 985.92 1,278.23 69.72 449.48 24 45,575 49,685 985.92 1,343.85 69.72 449.48 25 46,000 49,983 985.92 1,410.53 69.72 449.48 26 46,000 51,247 985.92 1,410.53 69.72 449.48 27 46,000 51,630 985.92 1,410.53 69.72 449.48 28 46,000 52,013 985.92 1,410.53 69.72 449.48 29 46,000 52,396 985.92 1,410.53 69.72 449.48 30 46,000 52,620 985.92 1,410.53 69.72 449.48 31 46,000 55,515 985.92 1,410.53 69.72 449.48 32 46,000 55,898 985.92 1,410.53 69.72 449.48 33 46,000 56,281 985.92 1,410.53 69.72 449.48 34 46,000 56,638 985.92 1,410.53 69.72 449.48 35 46,000 57,905 985.92 1,410.53 69.72 449.48 * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $449.48 per month ($449.48 x 12 = $5,393.76/year). One half of the monthly amount ($224.74) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. Salary-Payments Employee pay shall be per placement on the salary schedule. Payment will be on a semi-monthly (twice a month) basis commencing September and ending in August. Payment of July and August earnings will be available on or around the close of the fiscal year. Adopted Negotiated Policy, 8-26-91 Revised Negotiated Policy, 7-22-98 Revised Negotiated Policy, 8-30-99 Revised Negotiated Policy, 8-18-00 Revised Negotiated Policy, 8-28-01 Revised Negotiated Policy, 10-14-02 Revised Negotiated Policy, 6-19-03 Revised Negotiated Policy, 5-14-07 Revised Negotiated Policy, 8-11-08 Stipend Non-recurring, one-time 2011-2012 funds have been accrued through employees’conscientious efforts to control spending and to collect revenue due to the district. The Board accrued funds were allocated to the UCTA, USPA and administrator/associate employee groups. Any stipend paid to any employee eligible for membership in the bargaining unit from the 2011-2012 fiscal year funds shall meet within tenbe paid for that fiscal year only. In addition, any stipend paid to any employee eligible for membership in the bargaining unit from the 2011-2012 fiscal year shall NOT be included in the definition of “salary” or “salary level” or “benefits” or “compensation” in determining any employee’s salary or salary level or benefits or compensation under any statute

Appears in 1 contract

Sources: Master Contract

Procedures. 9.4.1 Step 1 Every A part-time faculty member shall first make an effort to resolve a grievance informally. If a grievance cannot be resolved through informal discussion with an immediate supervisor, Academic Chair, Assistant ▇▇▇▇, Director, or ▇▇▇▇, it shall be made processed as follows, except that a grievance based upon a recommendation for discharge shall be handled pursuant to resolve Section 5.1(D) below. Management and the Union may mutually agree to process grievances initially at Step 3. Step 1. Within ten (10) days of the event giving rise to the grievance or potential grievances through free and informal communications between after the grievant and his immediate administrative supervisor. However, if such informal processes fail part-time faculty member reasonably should have known of the event giving rise to provide an acceptable adjustment of the grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, aggrieved part-time faculty member (or the Association on his behalf, Union with the part-time faculty member’s express permission) may submit an executed Grievance Review Request Form (Appendix 4) a written grievance to the grievant's part-time faculty member’s immediate administrative supervisor who shall arrange for in the part-time faculty member’s chain of command, or designee, with a meeting copy to take place within four (4) days after receipt the Executive Director of Human Resources, or designee, and the formUnion. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative presentor designee, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to schedule a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right part-time faculty member to have representatives attend the meeting, be held within ten (10) days after of receipt of the written grievance, but this meeting may be waived by mutual agreement in writing between the Union and Management. The immediate supervisor, or designee, shall submit a written answer to the aggrieved part-time faculty member within ten (10) days of such meeting or the date of the agreement to waive the meeting, and provide a copy of the answer to the Executive Director of Human Resources, or designee, and the Union. Management and the Union may agree to resolve a grievance on a non-precedential basis. Step 2. In the event the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance satisfactorily adjusted at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held1, the grievance shall be deemed withdrawn. The Board shall meet Union, within ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall be made The parties hereto acknowledge that it is usually most desirable for an employee and the immediately involved supervisor to resolve grievances or potential grievances problems through free and informal communications communication, provided the resolution is consistent with the terms of this document. The informal discussion shall take place within fifteen (15) days of the occurrence of the event, which initiated the alleged grievance. The Board acknowledges the right of the Association to assist a grievant at any level of the grievance procedure if it obtains the consent of the grievant, and the Association acknowledges the right of any member of the Administration to receive assistance as desired in any step of the grievance procedure. Failure of any grievant to abide by the prescribed timelines shall prohibit the grievant from proceeding to the next step. The time limits, however, may be extended by written agreement between the grievant and his immediate administrative supervisorparties. However, if such informal processes fail to provide an acceptable adjustment At any step of the grievancegrievance procedure, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, have representation of his/her choice. A grievance involving the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to act of any Administrator above the grievant's immediate administrative supervisor who building level shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted initially be filed at Step 2 of the grievance procedure after the grievant has first verbally consulted the Administrator involved. A. STEP 1 – If the alleged grievance cannot be resolved informally, the grievant shall present the grievance in writing to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent immediately involved supervisor no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after following the process. The written information contained in the filed grievance has been referred to himshall contain the following: 1. Both the 9.4.4 Step 4 If A description of the grievant is not satisfied with specific grounds of the disposition grievance, including the specific action or lack of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3action being grieved, then the grievantincluding names, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request dates and places necessary for a meeting with complete understanding of the Board is not delivered to grievance; 2. A listing of the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is heldprovisions of this Agreement, the grievance shall be deemed withdrawn. The Board shall meet within tenArticle or Articles and Sections or Paragraphs, which are alleged to have been violated or misapplied;

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step STEP 1 Every effort The Building Principal shall be made respond in writing to resolve grievances or potential grievances through free and informal communications between each grievance received. If an aggrieved party is not satisfied with the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment response of the Building Principal or if no response is received within one calendar week after the submission of a grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, such aggrieved party may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt copy of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the grievance committee of the Little Falls Teachers Association. STEP 2 If the aggrieved is not satisfied with the determination of a grievance at Step 1, he/she may within ten days of the response by the Building Principal, or within ten days of the time such response was due, submit the grievance, in writing, to the Superintendent no later than eight for review and determination. STEP 3 The Superintendent or his designee shall meet with the aggrieved and his representative (8) if the aggrieved desires a representative) at a reasonable time and place designated by the Superintendent within five days after the presentation of the appropriate appeal documents to the Superintendent's office. Such meetings shall be an attempt to resolve the grievance. Within ten days after such a meeting prescribed in Step 2 is held. The or meetings, the Superintendent shall arrange to meet or his designee, after consultation with the grievant Board of Education, shall make a decision in writing, setting forth his conclusions with respect to the grievance, and with representatives setting forth his reasons for such conclusion. A copy of such decision shall be given to the aggrieved and the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the. 9.4.4 Step STEP 4 If the grievant Association is not satisfied with the disposition of his any grievance at Step 3 or if 3, it may within ten days submit the grievance to an arbitrator by registered mail with a copy to the Superintendent. In the event ▇▇. ▇▇▇▇▇▇▇▇▇ should not be available to perform the required arbitration, both parties agree that a new and mutually acceptable arbiter shall be designated by appropriate amendment to this section. In the event the parties cannot agree on an arbiter, they shall request a list of arbiters from the American Arbitration Association. The parties will then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbiter. The arbiter will have authority to hold hearings and make procedural rules. The aggrieved employee, the Association and the Superintendent has not provided a written decision within shall have standing to be heard at such hearings. Any of the time prescribed in Step 3persons having standing, then as well as the grievant, or the Association acting on his behalfarbiter, may request a meeting with written transcript of such hearings. Any of the Boardpersons having standing, as well as the arbiter, may request and obtain from the various parties all pertinent information not privileged by law, in their possession or control, and which is relevant to the issues raised by the grievance. Upon mutual agreement All hearings held shall be closed sessions and no news releases shall be made concerning the progress of both the hearings. The arbiter's report shall be submitted in writing to the board, the employee, and the Association, and shall set forth his findings of fact, reasoning’s, conclusions and decisions on the issues submitted. The arbiter shall have no power or authority to make any decision which requires the commission of an act prohibited by law or which shall violate of the terms of this agreement. The decisions of the arbiter shall be final and binding upon all parties. The expenses of the arbitration, including the arbiter's fees, his expenses, a transcript of the hearings, etc., shall be shared equally by the Association and the Board if the Association signed the appeal to Step 4 would occur4. If a request for a meeting with the Association did not sign the appeal to Step 4, the expenses shall be shared equally by the Board is not delivered to and the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance shall be deemed withdrawn. The Board shall meet within tenaggrieved person.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step STEP 1 Every effort The Building Principal shall be made respond in writing to resolve grievances or potential grievances through free and informal communications between each grievance received. If an aggrieved party is not satisfied with the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment response of the Building Principal or if no response is received within one calendar week after the submission of a grievance, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, such aggrieved party may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt copy of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the grievance committee of the Little Falls Teachers Association. STEP 2 If the aggrieved is not satisfied with the determination of a grievance at Step 1, he/she may within ten days of the response by the Building Principal, or within ten days of the time such response was due, submit the grievance, in writing, to the Superintendent no later than eight for review and determination. STEP 3 The Superintendent or his designee shall meet with the aggrieved and his representative (8) if the aggrieved desires a representative) at a reasonable time and place designated by the Superintendent within five days after the presentation of the appropriate appeal documents to the Superintendent's office. Such meetings shall be an attempt to resolve the grievance. Within ten days after such a meeting prescribed in Step 2 is held. The or meetings, the Superintendent shall arrange to meet or his designee, after consultation with the grievant Board of Education, shall make a decision in writing, setting forth his conclusions with respect to the grievance, and with representatives setting forth his reasons for such conclusion. A copy of such decision shall be given to the aggrieved and the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the. 9.4.4 Step STEP 4 If the grievant Association is not satisfied with the disposition of his any grievance at Step 3 or if 3, it may within ten days submit the grievance to an arbitrator by registered mail with a copy to the Superintendent. A mutually acceptable arbiter shall be designated by appropriate amendment to this section. In the event the parties cannot agree on an arbiter, they shall request a list of arbiters from the American Arbitration Association. The parties will then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbiter. The arbiter will have authority to hold hearings and make procedural rules. The aggrieved employee, the Association and the Superintendent has not provided a written decision within shall have standing to be heard at such hearings. Any of the time prescribed in Step 3persons having standing, then as well as the grievant, or the Association acting on his behalfarbiter, may request a meeting with written transcript of such hearings. Any of the Boardpersons having standing, as well as the arbiter, may request and obtain from the various parties all pertinent information not privileged by law, in their possession or control, and which is relevant to the issues raised by the grievance. Upon mutual agreement All hearings held shall be closed sessions and no news releases shall be made concerning the progress of both the hearings. The arbiter's report shall be submitted in writing to the board, the employee, and the Association, and shall set forth his findings of fact, reasoning’s, conclusions and decisions on the issues submitted. The arbiter shall have no power or authority to make any decision which requires the commission of an act prohibited by law or which shall violate of the terms of this agreement. The decisions of the arbiter shall be final and binding upon all parties. The expenses of the arbitration, including the arbiter's fees, his expenses, a transcript of the hearings, etc., shall be shared equally by the Association and the Board if the Association signed the appeal to Step 4 would occur4. If a request for a meeting with the Association did not sign the appeal to Step 4, the expenses shall be shared equally by the Board is not delivered to and the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance shall be deemed withdrawn. The Board shall meet within tenaggrieved person.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort — A good faith attempt shall be made to resolve grievances or potential grievances through free and any grievance in an informal communications discussion between the grievant and his immediate administrative the appropriate supervisor. HoweverAlthough nothing herein shall prevent an employee from having Association representation throughout any step of the grievance procedure, if such the Association and the Board strongly encourage employees and their supervisors to resolve problems in an informal processes fail to provide an acceptable adjustment atmosphere without third party intervention using this open dialogue and good faith before disputes become formal grievances. Step 2 — If the grievance cannot be resolved informally, the grievant or the Association may file the grievance in writing with the Supervisor of Transportation or other appropriate supervisor. The written grievance should state the nature of the grievance, the specific clause or clauses of the Agreement violated, and the remedy requested. Filing of the written grievance must be done within fifteen (15) days, or as otherwise mutually agreed between the Board and the Association, from the date of the occurrence of the event giving rise to the grievance or when the grievant may proceed could reasonably have had knowledge thereof. The supervisor shall within ten (10) days of receipt of the grievance schedule a meeting to resolve the grievance. He/she shall issue the grievant and the Association President a written response within seven (7) days of that meeting. Step 3 — In the event a grievance has not been satisfactorily resolved at Step 2, the grievant or the Association shall file, within seven (7) days of the written answer to Step 2. 9.4.2 Step 2 The grievant , or, at his requestif no answer is received within the time specified in Step 2, within seven (7) days of the Association on his behalfdate when the answer was due, may submit an executed Grievance Review Request Form a copy of the grievance with the Superintendent or his/her designee. Within ten (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (410) days after receipt of such written grievance is filed, a meeting shall be scheduled with the form. The grievantaggrieved, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance shall be deemed withdrawn. The Board shall meet within tensupervisor,

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 Every effort shall The parties agree that it is desirable for problems to be made to resolve grievances or potential grievances through free and informal communications resolved between the grievant employee and his his/her immediate administrative supervisor. However, if such informal processes fail to provide and nothing herein shall prevent an acceptable adjustment employee from taking up any claimed grievance with his/her immediate supervisor before formal filing of said grievance. A. Step One Within thirty (30) days of the grievancedate an alleged grievance occurs, the grievant may proceed to Step 2. 9.4.2 Step 2 The grievant or, at his request, must present the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) grievance in writing to the grievant's immediate administrative supervisor immediately involved administrator (Step One Grievance Form located in Appendix 16), who shall will arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor Said administrator shall provide the grievant and recognized employee organization the Association with a written response (Appendix 5) answer to the Grievance Review Request Form grievance together with the reasons for the decision within four (4) days after the meetingmeeting (Step One Grievance Form-back located in Appendix 16B). 9.4.3 B. Step 3 Two If the grievance is not adjusted settled at Step 2 to the satisfaction of the grievantOne, then the grievant, or the Association acting on his behalf, grievance may refer the grievance be referred in writing to the Superintendent no later than eight or his/her designee within ten (8) 10) days after the meeting prescribed grievant’s receipt of the administrator’s answer at Step One, (Step Two Grievance Form located in Step 2 Appendix 17). The written grievance shall give a clear and concise statement of the alleged grievance, including the facts on which the grievance is heldbased, reference to the specific terms of the Agreement which have been violated, the issues involved, and the remedy sought. The Superintendent or designee shall arrange to meet for a meeting with the grievant and with representatives to take place within seven (7) days of receipt of the Associationappeal. The parties shall have the right to include in the meeting such witnesses and counselors as they deem necessary to develop facts pertinent to the grievance. Each party shall pay for its witnesses. Upon conclusion of the meeting, unless the Superintendent or designee will have seven (7) days to provide a written decision, together with the reasons for the decision to the Association or and grievant, (Step Two Grievance Form - back located in Appendix 17B). C. Step Three – Binding Arbitration If the employee waives its right to have representatives attend grievance is not settled at Step Two, the meetinggrievant may, within ten (10) days after receipt of the grievance has been referred Superintendent’s or designee’s answer to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed Two, request in Step 3, then the grievant, or writing that the Association acting on his behalfsubmit his/her grievance to arbitration (Step Two Grievance Form – back). The Association may, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered by written notice to the Superintendent with thirty within seven (307) days after receipt of the meeting prescribed request from the employee, submit the grievance to binding arbitration (Step Three Grievance Form located in Appendix 18). Arbitration shall be conducted in accordance with provisions which follow: 1. Selection of Arbiter by Agreement In regard to each case that reaches arbitration, the parties will attempt to agree on an arbiter to hear and decide the particular case. If the parties are unable to agree to an arbiter within ten (10) days after submission of the written request for arbitration, the provisions of “2” below (Selection of the Arbiter by American Arbitration Association) shall apply to the selection of an arbiter. 2. Selection of the Arbiter by American Arbitration Association In the event an arbiter is not agreed upon as provided in “1” above, the parties shall jointly request the services of the American Arbitration Association. The arbiter shall be selected by the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceeding. D. Arbitration Rules of Procedure Arbitration proceedings shall be in accordance with the following: 1. The arbiter shall have no power to alter, add to, or subtract from the terms of this Agreement. He/she shall hear and accept pertinent evidence submitted by both parties and shall be empowered to request such data as the arbiter deems pertinent to the grievance and should render a decision in writing to both parties within twenty (20) days (unless mutually extended) of the completion of the hearing. Neither party shall be permitted to assert in the arbitration proceedings any evidence which change the issues submitted at Step 3 is heldTwo. Upon request of either party, the merits of a grievance and the arbitrability issues arising in connection with that grievance shall be consolidated for hearing before an arbiter; provided the arbiter shall not resolve the question of arbitrability of a grievance prior to having heard the merits of the grievance. Upon request of either party, the arbitrability of the grievance shall be deemed withdrawndetermined by an arbiter in accordance with the rules and procedures of the American Arbitration Association. 2. The Board arbiter shall meet issue a decision in writing on the issue presented for arbitration which decision shall be final and binding on both parties. 3. The arbiter shall rule only on the basis of information presented in the hearing and shall refuse to receive any information after the hearing except when there is mutual agreement in the presence of both parties. 4. Each party to the proceedings may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be limited to the matters set forth in the written statement of grievance. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit written briefs within tena time period mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the grievance. 5. Each party shall pay any compensation and expenses relating to its own witnesses or representatives. 6. The costs for the services of the arbiter, including per diem expenses, if any, and his/her travel and subsistence expenses and the cost of any hearing room, will be shared equally by the Employer and the Association. All other costs will be borne by the party incurring them. The total cost of the stenographic record (if requested) will be paid by the party requesting it. If the other party also requests a copy, that party will pay one-half (1/2) of the stenographic costs.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 In the event that a member of the faculty has a grievance, the following steps will be followed without bypass: Step 1 Every effort shall be made 1: The faculty member will try to resolve grievances or potential grievances that problem through free and discussion with the building principal. When requested by the teacher, a building grievance person may accompany the teacher to assist in the informal communications between the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment resolution of the grievance. When requested by the building principal, another administrator may accompany the principal to assist in the informal resolution of the grievance. Step 2: If informal Step One fails to satisfy the teacher, within twenty working days the teacher may present the grievance in writing to the building principal, who will arrange for a meeting to take place. The building grievance person, the grievant may proceed to Step 2grievant, the building principal, and, at the option of the principal, another administrator will be present at that meeting. Within five (5) working days the building grievance person and the complainant will be provided with the principal's written response, including reasons for the decision. 9.4.2 Step 2 The grievant or3: Within ten working days of the Step Two answer, and if the grievance is not resolved at his requestStep Two, the Association on his behalf, JTO grievance representative may submit an executed Grievance Review Request Form (Appendix 4) refer the grievance to the grievant's immediate administrative supervisor Superintendent, who shall arrange for a meeting to take place within four five (45) days after of his receipt of the formappeal. The Each party shall have the right to include in its representation, such witnesses and counselors as it deems necessary. Within five (5) working days, the JTO grievance representative, the grievant, his immediate supervisorand the principal shall be provided with the Superintendent's written response, including the reasons for the decision. Step 4: Within fifteen (15) working days of receipt of the Superintendent's Step Three answer, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting. 9.4.3 Step 3 If if the grievance is still not adjusted at Step 2 resolved, the grievance may be referred to the satisfaction Board of Education. At this level, neither the administration nor the JTO shall be permitted to assert any evidence that was not previously disclosed to the other party. Within fifteen (15) working days the JTO grievance representative, the grievant, then and the grievantprincipal shall be provided with the Board's written response, or including reasons for the decision. Step 5: If the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his the grievance at Step 3 or if the Superintendent has not provided a written decision Four, within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, Association may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association, which shall act as the administrator of the proceedings. 1. Neither the Board nor the JTO shall be deemed withdrawnpermitted to assert any grounds or evidence before the arbitrator that has not previously been disclosed to the other party. 2. The arbitrator shall have no power to alter the terms of this agreement. 3. Each party shall bear the full costs of its representation in the arbitration. The cost of the arbitrator and the AAA shall be divided equally between the Board shall meet within tenand the JTO.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 9.4.1 Step 1 STEP 1: Every effort shall be made to resolve grievances or potential grievances through free and informal communications communication between the grievant and his his/her immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of to the grievance, the grievant may proceed to Step STEP 2. 9.4.2 Step 2 . STEP 2: The grievant orgrievant, or at his request, his/her request the Association on his his/her behalf, may submit an executed Grievance Review Request Form (Appendix 4) request form to the grievant's ’s immediate administrative supervisor who shall arrange for a meeting to take place within four seven (47) days after receipt of the form. The grievant, his his/her immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, present shall attend the meeting. In addition, both the supervisor and the grievant may have present, present others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization the Association with a written response (Appendix 5) to the Grievance Review Request Form within four seven (47) calendar days after the meeting. 9.4.3 Step 3 . STEP 3: If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or at his/her request the Association acting on his his/her behalf, may refer the grievance to the Superintendent no later than eight ten (8) 10) calendar days after the meeting prescribed receiving it’s written response in Step 2 is held2. The Superintendent shall arrange to meet with the grievant and with representatives representative(s) of the Association, Association unless the Association or the employee waives its right to have representatives representative(s) attend the meeting, within ten (10) calendar days after the grievance has been referred to him/her. Both thethe Superintendent and the grievant may have others present who might contribute to an acceptable adjustment if the grievance. The Superintendent shall provide his written decision concerning the grievance and any adjustment of it to the grievant and the Association within ten (10) calendar days after the meeting. 9.4.4 Step 4 A. If the grievance does not involve the interpretation or application of the terms of the Agreement, and if the grievant is not satisfied with the disposition of his his/her grievance at Step 3 STEP 3; or if the Superintendent has not provided a written decision within the time prescribed in Step STEP 3, ; then the grievant, or the his/her requested Association acting on his his/her behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If IF a request for a meeting with the Board is not delivered to the Superintendent with within thirty (30) calendar days after the meeting prescribed in Step STEP 3 is held, the grievance shall be deemed withdrawn. The Board or hearing officer appointed by it shall meet within tenten (10) calendar days after a written request for meeting with the grievant and/or with representative(s) of

Appears in 1 contract

Sources: Collective Bargaining Agreement