Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in 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: A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place within ten (10) days after receipt of the grievance. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision. B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision. C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve solve problems through free and informal communicationscommunication. When requested by Accordingly, the employee, an Association representative may accompany the employee parties shall attempt to assist in the informal resolution of the grievanceinformally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the AssociationCMA, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the . The employee or the Association shall CMA may present the grievance which must be in writing to the grievant’s supervisor involvedwith a copy to the Associate Principal, or designated administrator, within five (5) work days of the incident. The It must contain the article and clause alleged to have been section of the agreement allegedly violated and the remedy sought should be specifiedsought. This The supervisor shall will arrange for a meeting to take place within ten five (105) work days after receipt of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor shall be present for the meeting. Within ten five (105) work days of after the meeting, the supervisor shall provide the grievant and the Association shall be provided CMA with the supervisor’s a written response, response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted.
B. Step 2--If . If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 1, then the grievance CMA and/or the grievant may be referred appeal the decision in writing to the superintendent Associate Principal or the superintendent’s official designee designated administrator within five (5) work days after receipt of the Step 1 answerresponse or within five (5) work days after the Step 1 meeting, whichever is later. The superintendent Associate Principal or designated administrator shall arrange with the grievant and the Association CMA representative for a meeting to take place within ten five (105) work days of after the superintendent’s receipt of the this appeal. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten five (105) work days of the after this meeting, the grievant and Association Associate Principal or designated administrator shall be provided provide the CMA with the superintendent’s a written response including the reasons for the decision. If the Associate Principal or designated administrator does not respond within five (5) work days, the grievance shall be deemed admitted.
C. Step 3--If . If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 2, then the Association CMA and/or grievant may submit appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt of the Step 2 response or within five (5) work days after the Step 2 meeting, whichever is later. The Associate Superintendent for Human Resources shall arrange with the CMA representative for a meeting to take place within five (5) work days after the receipt of this appeal. Within five (5) work days after this meeting, the Associate Superintendent for Human Resources shall provide the CMA with a written response to the appeal including the reasons for the decision. If the Associate Superintendent for Human Resources does not respond within five (5) work days, the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyshall be deemed admitted.
Appears in 3 contracts
Samples: Custodial and Maintenance Personnel Agreement, Custodial and Maintenance Personnel Agreement, Custodial and Maintenance Personnel Agreement
Procedures. 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 hereto acknowledge that it involved shall informally discuss the grievance with the division xxxx or designee.
2. If the grievance is usually most desirable for an employee and not resolved through informal discussion, the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested grievant may invoke the formal grievance procedure by the employee, an Association representative may accompany the employee to assist in the informal resolution filing a signed written statement of the grievance. If, however, grievance with the informal process fails to satisfy the employee or the Association, a grievance may be processed as follows:
A. Step 1Vice President for Academic Affairs within twenty--Within ten one (1021) school working days of its occurrence (or of the date when the alleged violation adjunct faculty member or Federation became aware or should reasonably have become known, aware of the employee or the Association shall present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specifiedmatter). This supervisor shall arrange for a meeting to take place within ten (10) days after receipt of the grievanceinitiates Grievance Level One.
3. Within ten (10) working days of the meetingfiling of the grievance, the Vice President for Academic Affairs (or designee) shall meet with the grievant and his/her Federation representative in an effort to resolve the Association grievance. The Vice President for Academic Affairs (or designee) shall be provided with issue to the supervisor’s written response, including grievant and his/her Federation representative a decision in writing on the reasons for grievance within ten (10) working days of the decisiongrievance meeting.
B. Step 2--If 4. If the grievant Federation is not satisfied with the disposition of the grievance at Step 1by the Vice President for Academic Affairs (or designee), then or if no disposition is made within the time limits in Level One, the Federation shall transmit the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for President by filing a meeting to take place written copy thereof within ten (10) working days of from the superintendent’s receipt of the appealdecision (or of the failure to decide) of the Vice President for Academic Affairs. Each party This initiates grievance Level Two.
5. The President shall have the right option to include in its representation counselors as it deems necessary. Within ten meet (10or designate another college official to meet) days of the meeting, with the grievant and Association his/her Federation representative. The President (or designee) shall be provided with issue a decision on the superintendent’s written response including grievance within fifteen (15) working days. If the grievance is denied, the President (or designee) shall state the reasons for the decisiondoing so.
C. Step 3--If 6. If the grievant Federation is not satisfied with the disposition of the grievance at Step 2by the President, the Association 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 thirty (30) calendar days of the grievance hearing. The arbitrator shall have no power to final alter, modify, add to or subtract from the provisions of the agreement; his/her authority shall be limited to deciding the disposition of an alleged violation of the express written terms of this Agreement. The arbitrator’s fees and binding arbitration conducted expenses shall be shared equally by the American Arbitration Association or Federal Mediation Board and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyFederation.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 7.3.1 The parties hereto acknowledge that it is usually most desirable for an employee number of days indicated at each level of this procedure shall be considered maximum and every effort shall be made to expedite the employeeprocess.
7.3.2 Grievance proceedings shall be kept informal at all levels of this procedure.
7.3.3 If the College fails to comply in writing or 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.
7.3.4 If the grievant fails to comply with the grievant’s immediately involved supervisor time limit or procedural requirements, as set forth under any of the procedure’s steps, the grievance shall be considered null and void. At this point the College shall have no obligation to resolve problems through free and informal communications. When requested schedule any grievance meetings or arbitration.
7.3.5 The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the employee, an Association representative may accompany parties.
7.3.6 A grievance shall not be considered unless the employee to assist in 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:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present grievant initiates the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place within ten no later than fifteen (1015) days after receipt the grievant knew or reasonably should have known of the action, which precipitated the grievance. Within ten .
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 the Union (10this provision does not authorize representation by any party other than a Union representative) days and the charged party may be represented by a person of the meetingparty’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 grievant shall be 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. CNM shall have no responsibility to notify the Union if the employee does not comply with this requirement. Any adjustment made by the College shall be consistent with the provisions of this Agreement.
7.3.10 If a grievance affects a group of two or more employees and involves a decision or action by the College, which has a departmental or College-wide impact, the Union must notify the Executive Director of Human Resources of the Union’s intent to submit the grievance on behalf of the affected employees at Level 2 of this procedure. Such notification must be in writing and must include the provision(s) of the Agreement allegedly violated, a description of the facts which led the grievant to believe there has been a violation of the Agreement, the dates and times of the incident that the grievant believes precipitated the grievance, all known witnesses, and the relief requested. Grievances which do not contain this information shall be considered null and void. The Executive Director of Human Resources shall identify the level of the grievance procedure at which the grievance may be submitted. However, grievances alleging contract violations made by the Xxxx, the immediate supervisor, or their designees, must be submitted at level 1. An individual employee cannot file a grievance to assert a Union right.
7.3.11 All documents related to a grievance shall be maintained in a separate grievance file. This provision does not include documentation of disciplinary actions and/or documents that are the subject of a grievance.
7.3.12 Unless otherwise agreed to by the parties, grievances shall be processed at times other than during scheduled duty hours.
7.3.13 Except for informal decisions at Xxxxx 0, 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 Association Union.
7.3.14 Grievances shall be provided with filed on forms approved by the supervisor’s written response, including the reasons parties. Emails shall be considered “in writing” for the decisionpurposes outlined in this Article.
B. Step 2--If the grievant is not satisfied with the disposition of the 7.3.15 The parties shall maintain confidentiality for all grievance at Step 1, then the grievance may proceedings and for documents required by law to be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration ruleskept confidential. If a demand for arbitration grievant or the Union violates this provision, this action will be a waiver by the grievant and/or Union of any confidentiality right the grievant or the Union may have which is not filed within thirtyrelated to the grievance.
7.3.16 The parties may agree to facilitate an investigation in order to expedite the grievance process. Such investigation may include the sharing of relevant documents, facts, records and data in the possession of either party.
7.3.17 Upon agreement between the College’s Executive Director of Human Resources and the Union President, leave with pay may be granted to an employee to participate in a grievance meeting.
7.3.18 At any stage of the procedure, the parties may initiate a settlement proceeding as an attempt to resolve a grievance. If the proceeding is initiated, the grievance time limits will be placed on hold in writing. The proceeding shall be conducted by a representative appointed by the Union and one appointed by the College. If either party determines that the proceeding should be terminated, that party may end the settlement proceeding by submitting a notification in writing to the other party of its intent to terminate the proceeding and reinstate the time limits. The time limits shall be reinstated upon service to the other party of such reinstatement and shall include any portion of the time limits that expired prior to the parties agreement to toll the time limits.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. A. Step 1.
1. The parties hereto acknowledge that it is usually most desirable for an employee Management Representative shall schedule a meeting between the grievant, the grievant's Xxxxxxx/AFSCME Employee Representative, grievant's supervisor, and any other appropriate individual within fifteen (15) days following receipt of the employee’s immediately involved supervisor grievance. The grievant shall have the right to resolve problems through free and informal communicationspresent any evidence in support of the grievance at this meeting. When requested by If the employee, an Association representative may accompany the employee to assist meeting does not result in the informal resolution of the grievance. If, however, the informal process fails Management Representative will proceed with processing the grievance and issuing a written decision, stating the reasons therefore, to satisfy the employee grievant's Xxxxxxx/AFSCME Employee Representative within thirty (30) days following the conclusion of the meeting, unless an extension has been granted. If an extension was granted, the decision shall be issued by the agreed upon date. A copy of the decision and documents referenced in the decision shall be sent to the grievant and to the AFSCME local union president if grievant elected not to be represented by AFSCME. The decision shall be transmitted by personal delivery with written documentation of receipt or by certified mail, return receipt requested.
2. Where practicable, the AssociationManagement Representative shall make available to the grievant or grievant's Xxxxxxx/AFSCME Employee 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.
3. In the absence of an agreement to extend the period for issuing the Step 1 decision, the grievant may proceed to Step 2 if the grievant's Xxxxxxx/AFSCME Employee Representative has not received the written decision by the end of the 30th day following the conclusion of the Step 1 meeting.
B. Step 2.
1. If the grievance may be processed as follows:
A. is not resolved at Step 1--Within ten , the grievant may file a written request for review with the Assistant Vice President of Human Resources or his/her designee, on a Request of Step 1 Decision form, as set forth in Appendix D of this Agreement, within fourteen (1014) school days following receipt of the Step 1 decision by grievant’s Xxxxxxx/AFSCME Employee Representative. The Assistant Vice President of Human Resources, or his/her designee, and the grievant’s Xxxxxxx/AFSCME Employee Representative shall schedule a meeting in Tallahassee for the purpose of reviewing the matter no sooner than seven (7) and no later than fifteen (15) days following receipt of the request for review.
2. The Assistant Vice President of Human Resources, or his/her designee, shall issue a written decision, stating the reasons therefore, to the grievant’s Xxxxxxx/AFSCME Employee Representative within thirty (30) days following 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 Xxxxxxx/AFSCME Employee Representative has not received the written decision by the end of the 30th day following the conclusion of the Step 2 meeting. A copy of the decision shall be sent to the grievant and to AFSCME if the grievant elected not to be represented by AFSCME. The decision shall be transmitted by personal delivery with written documentation of receipt or by certified mail, return receipt requested.
3. In lieu of filing a request for review at Step 2, the grievant and the University may agree to participate in a mediation conference. The mediation conference must be concluded within thirty (30) days of when the alleged violation should reasonably have become known, agreement to mediate. The costs of the employee or mediation shall be evenly split by the Association shall present parties.
C. Step 3 - Arbitration.
1. If the grievance in writing is not resolved at Step 2, or at mediation, AFSCME may appeal the decision to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange Arbitration on a Request for a meeting to take place Arbitration Form within ten fourteen (1014) days after receipt of the grievancedecision. Within ten The arbitration shall normally be scheduled within forty-five (1045) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answerNotice of Arbitration form or, if applicable, the conclusion of mediation.
2. The superintendent shall arrange with University and AFSCME may, by written agreement, submit related grievances for hearing before the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decisionsame arbitrator.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. In general--The parties hereto acknowledge adjustment of grievances shall be accomplished as rapidly as is possible. To that it end, the number of days within which each step is usually most desirable for an employee 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 employee’s immediately involved supervisor 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 problems through free and adjust the grievance in an informal communications. When requested by the employee, an Association representative may accompany manner.
Level 1: If the employee to assist in is dissatisfied with the informal resolution outcome of the grievanceinitial private conferences, he/she may request a formal conference with his/her principal or immediate supervisor. If, however, Every effort should be made to develop an understanding of the informal process fails facts and the issues in order to satisfy the employee or the Association, create a grievance may be processed as follows:
A. Step 1--Within climate which will lead to a solution. The formal conference shall occur within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place within ten (10) days after receipt of the grievance. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decisionlast informal conference.
B. Step Level 2--If : In the grievant event that the aggrieved person is not satisfied with the disposition of the his/her grievance at Step Level 1, then or in the grievance may be referred to the superintendent or the superintendent’s official designee event that no decision is reached within five (5) school days after receipt the presentation of the Step 1 answergrievance, he/she may appeal the matter in writing to the Superintendent of Schools with the notice to the Board of Education. The superintendent If the grievant does appeal the grievance to the Superintendent, the Superintendent or his designated representative, shall arrange confer with the grievant and in an effort to arrive at a satisfactory solution within five (5) school days after the Association representative for a meeting appeal has been received by the Superintendent. If the grievant does not appeal the grievance to take place the Superintendent within twenty (20) school days after the formal conference at Level 1, the appeal of the grievance shall automatically be waived.
Level 3: If the grievance is not adjusted to the satisfaction of the grievant, or if no decision is made thereon within ten (10) school days after the date the grievance was filed with the Superintendent or his/her designated representative under Level 2, then the grievant may appeal the grievance to the Board of Education for the purpose of final adjustment of the superintendent’s receipt grievance by submitting a written request to final adjustment of the appeal. Each party shall have grievance by submitting a written request to the right to include in its representation counselors as it deems necessary. Within Clerk of the Board of Education within ten (10) school days after the Superintendent, or his/her designated representative, has rendered a decision, or after the expiration of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtysaid ten
Appears in 2 contracts
Samples: Joint Agreement, Joint Agreement
Procedures. The parties hereto acknowledge 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 it is usually most desirable for an employee a representative of the Association accompany him/her in approaching the administrator, and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany speak on behalf of the employee grievant if desired. The administrator shall not initiate any consultation with the grievant prior to assist the scheduled meeting at which the Association representative may be 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 resolution of claim at LEVEL I, the grievant may request the Association Grievance Committee to continue with the grievance. If, howeverIf the committee agrees, the informal process fails Association becomes the grievant and will continue with the grievance by proceeding to satisfy Level II. However, no grievance shall proceed to Level II unless it is an Association grievance. If the employee committee decides not to proceed with the grievance, the grievance will be withdrawn without prejudice or the Association, a grievance may be processed as followsrecord. LEVEL II:
A. Step 1--Within ten . The grievant shall within five (105) school days submit copies of when the alleged violation should reasonably have become known, the employee or the Association shall present the grievance in writing to the supervisor involvedimmediate administrator/supervisor.
2. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place within ten Within five (105) days after of the receipt of the grievance, the immediate administrator/supervisor shall meet with the grievant.
3. Within ten five (105) days of the meeting, the immediate administrator/supervisor shall write a disposition of the grievance and return a copy to the grievant (Association), the grieving employee, and the Association shall be provided with the supervisor’s written response, including the reasons for the decisionSuperintendent.
B. Step 2--If 4. If the grievant is not satisfied with the disposition of the grievance at Step 1LEVEL II, then the grievant may pursue the grievance may be referred further by proceeding to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answerLEVEL III. LEVEL III:
1. The superintendent grievant shall arrange with the grievant and the Association representative for a meeting to take place within ten (10) days of the superintendent’s receipt of disposition at LEVEL II, submit the appeal. Each party shall have grievance in writing to the right to include in its representation counselors as it deems necessarySuperintendent 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 the grievant.
3. Within ten (10) 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 Association shall be provided with the superintendent’s written response including the reasons for the decisionimmediate administrator/supervisor.
C. Step 3--If 4. If the grievant is not satisfied with the disposition of the grievance at Step 2LEVEL III, the grievant may pursue the grievance further by proceeding to LEVEL IV. LEVEL IV.
1. The Association may shall notify the Superintendent by certified mail, with return receipt requested, within ten (10) days after receipt of the LEVEL III disposition that it intends to submit the grievance to final arbitration.
2. Within ten (10) days following the receipt of the written request for arbitration, the superintendent or designee and binding arbitration conducted by the Association or representative shall mutually petition the American Arbitration Association or Federal Mediation (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 Conciliation Service, notified in accordance with the voluntary labor arbitration rulesrules 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. If Once the arbitrator has been selected, he/she shall conduct a demand for arbitration is not filed 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 thirtysuch time as may be agreed upon by the parties involved.
5. The decision shall be in 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 have 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
Samples: Negotiated Agreement, Negotiated Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications
10. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution Step 1. Within ten (10) school days of the grievance. If, however, the informal process fails to satisfy the employee or the Association, time a grievance may be processed as follows:
A. Step 1--Within arises, or within ten (10) school days of when the alleged violation grievance should reasonably have become known, the employee or the Association shall faculty member will present the grievance in writing to his/her immediate supervisor. If the grievance is related to classroom or departmental problems, it shall be presented to his/her division leader. If it is related to coaching duties, it shall be presented to his/her athletic director. All other grievances shall be presented to the supervisor involvedbuilding principal. The article Free and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place within ten (10) days after receipt of the grievanceinformal communications are encouraged. Within ten (10) school days after the presentation of the meetinggrievance, the supervisor shall give his/her answer orally to the griever. At the request of the griever, a written answer shall be provided. At the request of the grieved, the griever shall submit a “Statement of Grievance.”
11. Step 2. If the grievance is not resolved in Step 1, the grievant and or the Association shall be provided with the supervisor’s written responserepresentative may, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition within ten (10) school days of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with answer (written or oral), submit to the grievant and building principal, or if the Association representative for grievance is a meeting to take place within ten (10) days District issue, the Assistant Superintendent of Human Resources a written “Statement of Grievance” signed by the superintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessaryemployee. Within ten (10) school days of the meetingreceipt of the Step 2 grievance, the building principal/Assistant Superintendent of Human Resources shall hold a Step 2 grievance conference. Within ten (10) school days of the Step 2 grievance conference, the building principal/Assistant Superintendent of Human Resources shall issue a Step 2 grievance answer.
12. Step 3. If the grievance is not resolved in Step 2, the grievant and or the Association may, within fifteen (15) school days of the Step 2 grievance conference, submit a Step 3 grievance statement 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 be provided with hold a Step 3 grievance conference. Within ten (10) school days of the superintendent’s written response including Step 3 grievance conference, the reasons for the decisionSuperintendent shall issue a Step 3 grievance answer.
C. 13. Step 3--If the grievant is not satisfied with the 4. If a satisfactory disposition of the grievance at is not made as a result of the conference provided for in Step 23 above, either the Board or the Association may submit shall have the grievance right to appeal the dispute to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation under and Conciliation Service, in accordance with the voluntary labor arbitration rulesVoluntary Labor Arbitration Rules of the American Arbitration Association. If Such appeal must be taken within thirty (30) days from the date of the conference provided for in Step 3 above unless a demand for arbitration longer time is not filed within thirtyjointly agreed upon between the parties.
Appears in 2 contracts
Samples: Professional Negotiation Agreement, Professional Negotiation Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and A grievance normally will be processed in accordance with the employee’s immediately involved supervisor to resolve problems through free and informal communicationsprocedure set forth below. When requested by If the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. IfUnion believes, however, that a particular grievance raises issues that cannot be decided by or has implications beyond a certain department, the informal process fails Union may submit a request to satisfy the Chancellor’s designee to have the grievance initially heard at that level. If that request is granted, the grievance will not be considered at the lower levels, but rather will be submitted directly to the Chancellor’s designee for review. Either party may invite a member of the Labor and Employee Relations Section of Illinois Human Resources to participate in any meetings held in accordance with this Section. However, if requested Illinois Human Resources personnel are unavailable, the moving party has the option to proceed without them.
a) The employee or employees involved, or a representative of the AssociationUnion acting on their behalf, a shall discuss the grievance with the immediate supervisor. The supervisor shall respond within two (2) work days from this grievance meeting. The Union Xxxxxxx may be processed as follows:attend this grievance meeting.
A. Step 1--Within ten (10b) school days of when If either the alleged violation should reasonably have become knowngrievant or the Union elects to appeal the supervisor’s decision, the employee or grievance shall be reduced to writing and submitted to the Association shall present Director of the Department within seven (7) workdays from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department, or his or her designee, shall review the grievance and typically respond in writing to the supervisor involvedgrievance within seven (7) workdays after receiving the grievance. This response will constitute the final position of the Director of the Department. If the Director determines that a grievance has implications beyond that department or should otherwise be addressed at a higher level, the Director within his or her discretion may forward the grievance directly to the Chancellor’s designee to review and decide the grievance instead.
d) If the grievant or the Union wishes to appeal from the decision of the Director of the Department, or his/her/their designee, it shall do so, in writing, within seven (7) workdays after the Director of the Department’s decision is received or due. The article and clause alleged appeal shall be directed to have been violated and the remedy sought should be specifiedCampus Chancellor, or his designee.
e) The Campus Chancellor, or his/her/their designee, shall fully investigate the grievance, including conducting a hearing if so requested by the Union or grievant. This supervisor The Campus Chancellor, or his/her/their designee, shall arrange for a meeting to take place issue the Campus Decision on the grievance, in writing, within ten seven (107) days workdays after receipt of the grievance. Within ten appeal if no hearing is conducted, or within twenty-one (1021) days workdays from the close of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant any hearing which is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association Campus Chancellor, or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration ruleshis designee. If a demand for arbitration hearing is requested, the Chancellor’s designee will seek to schedule that hearing within fifteen (15) workdays after receiving that request, taking into consideration the respective schedules of the intended participants.
f) If the grievant or the Union wishes to appeal from the decision of the Campus Chancellor, or his/her/their designee, it shall request mandatory arbitration, in writing, within seven (7) workdays after the Campus Decision is received or due. The appeal shall be directed to the Director of Labor and Employee Relations – Illinois Human Resources.
g) The foregoing time limits may be extended by mutual agreement. Time limits shall not filed within thirtyinclude the shutdowns of kitchens, or extended holiday periods of over three (3) days.
h) A workday is defined as Monday through Friday, excluding holidays.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor 9.4.1 Step 1 Every effort shall be made to resolve problems grievances or potential grievances through free and informal communicationscommunications between the grievant and his immediate administrative supervisor. When requested by the employeeHowever, if such informal processes fail to provide an Association representative may accompany the employee to assist in the informal resolution acceptable adjustment of the grievance. If, however, the informal process fails grievant may proceed to satisfy the employee or the AssociationStep 2.
9.4.2 Step 2 The grievant or, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become knownat his request, the employee or the Association shall present the grievance in writing on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This 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 receipt of the grievancegrievance has been referred to him. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.Both the
B. 9.4.4 Step 2--If 4 If the grievant is not satisfied with the disposition of the his grievance at Step 13 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievance grievant, or the Association acting on his behalf, may be referred 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 or the superintendent’s official designee within five Superintendent with thirty (530) days after receipt of the meeting prescribed in Step 1 answer3 is held, the grievance shall be deemed withdrawn. The superintendent Board shall arrange with the grievant and the Association representative for a meeting to take place meet within ten (10) days of the superintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyten
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee a teacher and the employeeteacher’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employeea teacher, an Association representative may accompany the employee teacher to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee teacher or the Association, a grievance may be processed as follows:
A. Step 1--Within ten STEP 1 In the event a problem cannot be resolved informally, the grievant shall file a grievance within thirty (1030) school days of when the alleged violation should reasonably have become knownevent giving rise to the grievance, the employee or the Association shall present grievant’s knowledge of the grievance same, whichever is later, in writing writing, to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor immediately involved supervisor, who shall arrange for a meeting to take place within ten six (106) days after of the receipt of the grievance. This meeting shall include the grievant and immediate supervisor and may include an Association representative. Within ten six (106) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decisiondecisions.
B. Step 2--If STEP 2 If the grievant grievance is not satisfied with the disposition of the grievance at resolved in Step 1, then the grievant may refer the grievance may be referred to the superintendent or the superintendent’s official designee within five six (56) days after the receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to take place within ten six (106) days of the superintendent’s receipt of the appeal. Each party Such meeting shall have include the right to grievant and the superintendent and may include in its representation counselors as it deems necessarythe Association representative. Within ten six (106) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response response, including the reasons for the decision.
C. Step 3--If STEP 3 If the grievant is not satisfied with the disposition of the grievance at in Step 2, then the grievant may request the Association may to submit the grievance to final and binding arbitration conducted by through the American Arbitration Association or Federal Mediation and Conciliation ServiceAssociation, in accordance with which shall act as the voluntary labor arbitration rulesadministrator of the proceedings. If a demand for arbitration is not filed within thirtythirty (30) days of the date for the Step 2 answer, then the grievance shall be deemed withdrawn. The arbitrator shall have no power over the terms of this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. When any grievance arises, an xxxxxxx effort will be made to settle it according to the following sequence and procedure:
Step 1: In handling an alleged violation of the CBA, the employee will inform his Union representative (for step 1, a union representative could be a Xxxxxxx, Trustee, Executive Board Member, or a Flight Representative) within five (5) work days of the possible violation of the CBA to include the following:
1. The parties hereto acknowledge that it is usually most desirable for facts forming the basis of the grievance.
2. The provisions of the CBA or of a Company rule supporting the
3. The remedy requested The Union representative and the employee shall schedule an employee and appointment with the employee’s immediately involved immediate supervisor during work hours to resolve problems through free discuss the suspected violation and informal communicationsto seek a remedy. When requested This meeting must be held within five (5) work days from the date on which the affected employee knew or reasonably should have known of the facts on which the alleged grievance or violation of the CBA is based. The supervisor shall give his answer to the employee within five (5) work days after the meeting of for the alleged grievance. If the alleged
Step 2: If a satisfactory settlement has not been reached in Step 1, the Union representative will inform the Executive Board and a written grievance will be submitted to the Division Director or his designee, or to the Contract Manager or his designee, within five (5) work days on behalf of the affected employee. A written answer to the grievance, signed by the employeeDivision Director, an Association representative may accompany the Contract Manager or his designee, shall be due within five (5) work days with a copy to the Union. If the answer is not acceptable to the Union, the grievance shall be considered unresolved.
Step 3: The Union shall notify the Contract Manager, or the Company’s designee, within five (5) work days of its intent to continue the grievance. A meeting will be scheduled with the Contract Manager, or the Company’s designee, and the Union within five (5) work days following notification, for the purpose of reviewing the facts submitted on the unresolved grievance. A decision mutually agreed to at this meeting shall be final and binding on the employee affected. However, if the Union and Company are unable to assist in reach an agreement on the informal resolution grievance, the Union shall be given a written denial by the Company within five (5) work days from the discussion of the grievance. If, howeverIf the parties fail to reach a satisfactory settlement, the informal process fails Union shall notify the Company of its intent to satisfy arbitrate the employee or the Association, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place issue within ten (10) days after workdays following receipt of the grievance. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decisiondenial.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 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 accompanied by the ship’s Union delegate when at sea or 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 usually most desirable for an employee a grievance and must contain:
a. Identity and title of the employee’s immediately involved supervisor to resolve problems through free ;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and informal communications. When requested by the employeesubsection of this Agreement, an Association representative may accompany the employee to assist in the informal resolution or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. If, howeverThe supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the informal process fails to satisfy decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee or is not satisfied with the Association, a decision of the supervisor and elects to pursue the grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become knownfurther, the employee or must within fourteen (14) days of receipt of the Association shall present decision in Step 1, submit the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specifiedCommanding Officer/Master. This supervisor shall arrange for written grievance must include the same information as is required in Step 1 plus a meeting 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 Union delegate that a grievance has been received and invite the delegate to take place within ten be present during adjustment decision of the grievance. Within fourteen (1014) days after receipt of the employee's written grievance. Within ten (10) days of the meeting, the grievant Commanding Officer/Master will adjudicate the grievance and will inform the Association shall be provided with the supervisor’s written response, including the reasons for employee orally and in writing of the decision.
B. Step 2--If 3. If the grievant employee is not satisfied with the disposition adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the grievance at decision in Step 12, then the grievance may be referred to the superintendent or the superintendent’s official designee within five not later than fourteen (514) days after receipt return to home port, submit the formal written grievance to the Commanding Officer (CO) of the Step 1 answerapplicable Marine Center. The superintendent A copy of this submission shall arrange with be furnished to the grievant and Commanding Officer/Master who has previously adjudicated the Association representative for a meeting to take place within ten grievance. Within fourteen (1014) days of the superintendent’s date of receipt of the appealgrievance, the CO of the Marine Center shall inform the employee in writing of the decision. Each party shall have If not satisfied, the right to include employee may notify the Union and Marine Center Director in its representation counselors as it deems necessary. Within ten writing of their dissatisfaction within seven (107) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decisiondate of receipt.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may Grievances will be processed as follows:, except that a grievance based upon a recommendation for discharge will be handled pursuant to Section 4.1(D) below. A grievance filed by the Union shall be filed at Step 2.
A. Step 1--Within . Within ten (10) school days of when the alleged violation event giving rise to the grievance or after the employee reasonably should reasonably have become knownknown of the event giving rise to the grievance, the aggrieved employee will make an effort to resolve a grievance informally through discussion with an immediate supervisor, department chairperson, or Xxxx.
Step 2. In the event that the grievance is not resolved at Step 1, then within ten (10) days of the employee’s discussion with the employee’s immediate supervisor, department chairperson or Xxxx, the aggrieved employee may submit a written grievance to the Vice President for Human Resources, with a copy to the Union. The Vice President for Human Resources will schedule a meeting with the employee to be held within ten (10) days of receipt of the written grievance. The Vice President for Human Resources will submit a written answer to the aggrieved employee within ten (10) days of such meeting, and provide a copy of the answer to the Union.
Step 3. In the event that the grievance is not satisfactorily adjusted at Step 2, the aggrieved employee or the Association shall present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place Union, within ten (10) days after receipt of the grievanceStep 2 answer, may submit a written grievance appeal to the Xxxxxxx, or designee, with a copy to the Vice President for Human Resources and the Union. Within ten (10) days The Xxxxxxx, or designee, will schedule a meeting with the aggrieved employee, and representative of the meetingUnion, the grievant and the Association shall to be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is held not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five later than fourteen (514) days after receipt of the Step 1 answer3 appeal. The superintendent shall arrange with Xxxxxxx, or designee, will submit a written answer to the grievant and the Association representative for a meeting to take place aggrieved employee within ten fourteen (1014) days of the superintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) days of the after such meeting, with a copy to the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decisionUnion.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee incumbent upon the ParaEducator and the employee’s immediately involved his/her immediate supervisor to resolve problems through free and informal communications. When requested by the employeeParaEducator, an Association representative may accompany the employee ParaEducator in order to assist in the informal resolution of the grievance. If, however, Nothing contained herein shall be construed as limiting the informal process fails to satisfy the employee or the Association, right of any ParaEducator having a grievance may be processed as follows:to discuss the matter informally with his/her immediate supervisor and having the grievance adjusted, provided the resolution agreed to is not inconsistent with the terms of this Agreement.
A. Step 1--Within ten (10) school days of . Level One The formal grievance procedure begins when the alleged violation should reasonably have become known, the employee ParaEducator or the Association shall present presents the grievance in writing to the supervisor involvedDivision Chair. The article and clause alleged to have grievance statement must specify the nature of the grievance, section of this Agreement which has been violated violated, and the remedy sought should sought. Such grievance shall be specifiedsubmitted within twenty (20) days of the occurrence or knowledge of the event giving rise to the grievance. This The supervisor shall arrange for a meeting to take place within ten (10) days after receipt of the grievance. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answergrievance statement. The superintendent grievant, Association representative or immediate supervisor may invite the person or persons of his/her choice to meet with the supervisor to help settle the grievance. The supervisor shall arrange provide a written answer to the grievance together with the supporting reasons therefore. Copies shall be given to the grievant, the Association and to the Superintendent within three (3) days after the meeting.
2. Level Two If the grievance is not resolved at Level One, or if no decision has been rendered within three (3) days after the meeting at 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 the his/her Association representative for a meeting to take place within 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 receipt Superintendent's (or his/her designee’s) written response to appeal to the Board. This appeal shall be in writing, addressed to the secretary of the appeal. Each party Board of Education and shall have include all written documents exchanged through Level Three in addition to a statement of rationale detailing why the right to include in its representation counselors as it deems necessarySuperintendent'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 meetinghearing 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 shall be provided with the superintendent’s written response including the reasons for the decisionAssociation.
C. Step 3--If 5. Level Five In the grievant event the grievance is not satisfied with the disposition of the grievance at Step 2resolved, the Association may may, on behalf of the grievant, within fifteen (15) school days, submit the grievance to final and binding arbitration conducted by through the American Arbitration Association (AAA). The arbitrator shall rule only on the alleged violation and shall have no power to alter the terms and/or conditions of this Agreement or Federal Mediation and Conciliation Servicethe working conditions of ParaEducators covered by this Agreement. Each party shall bear 50% of the full cost of arbitration, in accordance with except that each party shall bear full cost for any transcripts of the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyproceeding it requests.
Appears in 2 contracts
Samples: Negotiated Agreement, Collective Bargaining Agreement
Procedures. The party asserting a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor may agree to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution bypass any step of the grievance. If, however, grievance procedure.
Step 1: If the informal process with the immediate supervisor fails to satisfy resolve the employee problem, the grievant(s) or the Association, a grievance Union or both may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall formally present the grievance in writing to the department supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall who will arrange for a meeting to take place be held within ten (10) working days after receipt of to review the grievance. Within The Supervisor will provide reasonable notice to the Field Representative and the Xxxxxxx of the meeting date and time. 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 formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or 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 the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting, the grievant and the Association . The answer shall be provided with the supervisor’s written response, including include the reasons for the decision.
B. Step 2--If : If the grievant grievance is not satisfied with satisfactorily resolved at the disposition preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee in writing within five (5) 10 working days after of receipt of the answer from Step 1 answeror, if no answer is received, within 10 working days of the time that the answer was due. The superintendent shall Chief will arrange with the grievant and the Association representative for a meeting to take place be held within ten (10) 10 working days of such referral to review the superintendent’s receipt grievance. The Chief will provide reasonable notice to the Field Representative and the Xxxxxxx of the appealmeeting date and time. Each party The Union shall have the right to include in its representation counselors presentation such witnesses and materials as it deems necessarynecessary to develop facts pertinent to the grievance. Within 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 Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the meetingtime 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 Vice President will provide reasonable notice to the Field Representative and the Xxxxxxx of the meeting date and time. 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, the grievant and Association including reason(s), shall be provided to the grievant(s) with a copy to the superintendentUnion within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s written response including level, the reasons for the decision.
C. grievance may be initiated at Step 3--If the grievant , provided it is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtythe time limit prescribed in Step 1.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 7.3.1 The parties hereto acknowledge that it is usually most desirable for an employee number of days indicated at each level of this procedure shall be considered maximum and every effort shall be made to expedite the employeeprocess.
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 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.
7.3.4 If the grievant fails to comply with the grievant’s immediately involved supervisor to resolve problems through free time limit requirements, as set forth under any of the procedure’s steps, the grievance shall be considered null and informal communications. When requested 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 employee, an Association representative may accompany parties.
7.3.6 A grievance shall not be considered unless the employee to assist in grievant initiates the informal resolution grievance no later than twenty 20 days after the grievant knew or reasonably should have known of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become knownthat 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 grievant shall be 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 employee 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 the Association 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 present be submitted in writing at each step of the grievance in writing to the supervisor involved. The article and clause alleged to have been violated procedure and the remedy sought should decision shall be specified. This supervisor shall arrange for a meeting submitted to take place within ten (10) days after receipt of the grievance. Within ten (10) days of the meeting, both the grievant and the Association Union.
7.3.13 Grievances shall be filed on forms provided with by the supervisor’s written response, including the reasons for the decisionCollege – and shall be attached hereto.
B. Step 2--If 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 not satisfied with related to the disposition of the grievance at Step 1, then the grievance.
7.3.15 The parties to a grievance may be referred mutually agree to toll the superintendent or the superintendentprocedure’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, time limits in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtysub-paragraph 7.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it A grievant and a Union Representative (if the grievant so desires) shall first discuss the grievance with the grievant's immediate administrative superior. STEP I STEP II STEP III If the matter is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, howevernot satisfactorily adjusted within five (5) work days, the informal process fails to satisfy the employee or the Association, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association grievant shall present the grievance submit it in writing within five (5) work days to the supervisor involvedgrievant's immediate administrative superior. The article and clause alleged to have been violated and the remedy sought should Such written grievance must be specified. This supervisor shall arrange for a meeting to take place 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 shall 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 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 five (5) 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 Superintendent's decision at Step 2 appeal in writing to the Board, and such writing shall set forth specifically the basis of the grievance. Within ten (10) days The full Board, or a committee of the meetingBoard, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange meet with the grievant and a Union representative at its next regular scheduled meeting or a special meeting within thirty (30) calendar days from the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of date the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtywas
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee a faculty member and the employee’s a faculty member's immediately involved supervisor to resolve problems through free and informal communications. When requested by the employeefaculty member, an Association representative may accompany the employee faculty member to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee faculty member or the Association, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee One: The faculty member or the Association shall may present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall immediately involved supervisor, who will arrange for a meeting to take place within ten (10) college days after receipt of the grievance. 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, and if the faculty member accompanying the grievant is not a full member of the Association, the Association may have one of its full members as a representative at the meeting. Within ten (10) college days of the meeting, the grievant and the Association shall be provided with the supervisor’s 's written response, including the reasons reason(s) for the decision.
B. Step 2--If Two: If the grievant grievance is not resolved at Step One, then the Association may refer the grievance to the President of the College or designee within five college days after receipt of the Step One answer. The President, or his/her designee, shall arrange with the Association representative for a meeting to take place within ten college days of receipt of the appeal. Within ten college days of the meeting, the Association shall be provided with a written response from the President or designee, including the reason(s) for the decision.
C. Step Three: If the Association is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent Two or the superintendent’s official designee within five (5) days after receipt time limits expire without the issuance of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s President's or designee's written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2reply, the Association may submit the grievance to final and binding arbitration conducted by arbitration. The arbitrator shall be selected from a panel or panels to be secured from the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules(AAA). The arbitrator's award shall be binding. If a demand for arbitration is not filed within thirtytwenty college days after the date for the Step Two answer, then the grievance shall be 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 cost of the arbitrator and the AAA shall be 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
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee a teacher and the employee’s immediately involved teacher's immediate supervisor to resolve problems through informal and free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Associationteacher, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days in the following manner and the grievant may be accompanied by a representative of when the alleged violation should reasonably have become known, the employee choice. The teacher or the Association shall present file the grievance in writing to with the supervisor involvedimmediate supervisor, who shall certify by signature the date the grievance was received. The article written grievance shall state the nature of the grievance, shall note the specific clause or clauses of the Agreement which are applicable, and clause alleged to have been violated and shall state the remedy sought should be specifiedrequested. This The supervisor shall arrange for a meeting to take place with the grievant within ten (10) days after receipt of the grievance. Within ten (10) days of The supervisor shall make a decision on the meeting, grievance and communicate it in writing to the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee Superintendent within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting. In the event a grievance has not been satisfactorily resolved at Step One, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, or the Association may submit present the grievance within twenty (20) days to final the Superintendent who will follow the same provisions as established in Step One. If the grievance is not satisfactorily resolved at Step Two, the Association, at its discretion, may submit to the Superintendent a written request on behalf of the Association and the grievant to enter into binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rulesarbitration. If a demand for binding arbitration is not filed within thirtytwenty (20) days of receipt of the Step Two decision, then the grievance shall be deemed withdrawn. Arbitration proceedings shall be conducted by an arbitrator to be selected by the District and the Association from a roster of arbitrators provided by the American Arbitration Association. Within ten (7) days after the Association requests binding arbitration, the District and the Association will request the American Arbitration Association provide a panel of five (5) 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 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 and only upon his interpretation of the meaning or application of the expresses relevant language of the Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in 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:
A. (a) Step 1--Within : Informal: Within ten (10) school days after the occurrence of when the alleged violation should reasonably have become knownan event giving rise to a grievance, the employee or involved shall discuss the Association shall present matter with the Director of Nutritional Services in the employee's work area, with the object of resolving the matter informally.
(b) Step 2: If the grievance is not resolved informally at the first step, the aggrieved employee shall file the grievance, in writing writing, with the district administrator assigned to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place that area, within ten (10) days after receipt the informal conference. The written grievance shall state the nature of the grievance. , reciting the specific clause or clauses of the agreement allegedly violated and specify the remedy requested.
(c) Within ten (10) days after the Director of Nutritional Services assigned to that area receives the written grievance, a meeting 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: In the event the grievance has not been satisfactorily resolved at the second step, the aggrieved may file an appeal of the meeting, the grievant and the Association shall be provided with the supervisorDirector of Nutritional Service’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to take place answer within ten (10) days of the superintendent’s receipt of written decision with the appeal. Each party shall have the right to include in its representation counselors as it deems necessarySuperintendent. Within ten (10) days of after the meetingwritten grievance has been filed with the Superintendent, the grievant aggrieved and Association the Superintendent shall be provided with meet in an attempt to resolve the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition grievance. The Superintendent shall file an answer in writing within ten (10) days of the grievance at meeting and communicate it in writing to the employee, including a copy to the Union.
(e) Step 24: If the answer of the Superintendent is not accepted, the Association Union, within ten (10) days after receiving the Superintendent's answer, may submit request that the grievance be submitted to final a joint committee consisting of the Board's Chief Negotiator, Superintendent or designee, the aggrieved, and binding arbitration conducted by the American Arbitration Association business representative of the Union. The Superintendent or Federal Mediation designee shall, within ten (10) days after the joint committee meeting notify the aggrieved and Conciliation Service, the Union in accordance with writing of the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyemployer's decision on the grievance.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 17.3.1 The parties hereto acknowledge that it is usually most desirable for an employee number of days indicated at each level of this procedure shall be considered maximum and every effort shall be made to expedite the employeeprocess.
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 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 fails to comply with the grievant’s immediately involved supervisor to resolve problems through free time limit requirements as set forth under any of the procedure’s steps, the grievance shall be considered null and informal communications. When requested void.
17.3.5 The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the employee, an Association representative may accompany parties.
17.3.6 A grievance shall not be considered unless the employee to assist in 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:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present grievant initiates the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place within no later than ten (10) days after receipt the grievant knew or reasonably should have known of the grievance. Within ten (10action which precipitated the grievance and contains, at a minimum, what contractual provision(s) days of this collective bargaining agreement is alleged to have been violated, the facts constituting the alleged violation, the date of the meetingincident 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 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 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.
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 Level 1 if the affected employees have the same supervisor.
17.3.12 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.
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 Xxxxx 0, 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 Association Union.
17.3.15 Grievances shall be provided with filed on forms approved by the supervisor’s written response, including the reasons for the decisionparties.
B. Step 2--If the grievant is not satisfied with the disposition of the 17.3.16 The parties shall maintain confidentiality for all grievance at Step 1, then the grievance may proceedings and for documents required by law to be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decisionkept confidential.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The After consultation with the Association president or the grievance chair, the parties hereto acknowledge that it is usually most desirable for an employee Employee and the employee’s immediately his immediate involved supervisor to resolve problems the problem through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the AssociationEmployee, a grievance may be processed as follows:proceed through the formal grievance steps set forth below.
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association STEP I The grievant shall present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall immediate involved supervisor, who will arrange for a meeting to take place within ten (10) work days after receipt of the grievance. The written grievance shall 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 the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. STEP II If the grievance is not resolved in Step 2--If 1, then the grievant may appeal the grievance to the Superintendent or 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 remains unresolved at the Superintendent level, it shall proceed to the Board level. The Superintendent’s response to the grievance shall be heard at the next Board meeting.
STEP IV If the grievant is not satisfied with the disposition of the grievance at Step 13, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance within thirty (30) work days to final and binding arbitration conducted by under the Voluntary Labor Arbitration Rules of the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyAssociation.
Appears in 2 contracts
Samples: Professional Services, Professional Services
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and following procedures are to be followed:
1. The grievant will make the employee’s immediately involved supervisor written complaint to resolve problems a building representative from the Grievance Committee. A building representative will, through free and informal communications, attempt to resolve the problem. When requested by This would take place during the employee, an Association five (5) business day period before the grievance proceeds to step two.
2. The grievant and/or representative may accompany from the employee Grievance Committee will make a written complaint to assist in the informal resolution principal within five (5) business days of the grievance.
3. If, howeverIf the principal does not produce a written response within five (5) business days, the informal process fails grievance will proceed to satisfy step four. If grievant and the employee principal both agree, more time may be allowed to reach a solution (maximum of 5 extra days, for a total of 10 days).
4. If no written response has been received after five (5) business days from the principal, or the Associationproposed solution is not acceptable to the grievant, a then the grievant and/or representative from the Grievance Committee, will present the written grievance may be processed as follows:to the Superintendent.
A. Step 1--Within ten 5. If no proposed solution has been received after five (105) school business days from five days from the Superintendent’s receipt of when the alleged violation should reasonably have become knowngrievance from the Superintendent, or the proposed solution is not acceptable to the grievant, then the grievant and/or representative from the Grievance Committee, will present the written grievance to the School Board. The grievant, principal, grievance committee and Superintendent will present all pertinent information and documents relating to the issue to the School Board at the next scheduled Board meeting during executive session. During this session, the employee or Board, the Association shall present grievant and the grievance in writing to Grievance Committee will discuss the supervisor involvedproblem.
6. The article Board, at the next regular meeting, or duly called meeting, will take the matter under advisement and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for will respond with a meeting to take place solution, in written form, within ten (10) days after receipt of the grievance. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decisionbusiness days.
B. Step 2--If 7. If the grievant Grievant is not satisfied with the disposition response of his/her Grievance at level #6 of this article, or if there is no response within ten (10) days, the grievance at Step 1, then the grievance Grievance may be referred to the superintendent Board Chairperson or his/her designee. Thereafter, the superintendent’s official designee within five Board Chairperson shall convene a panel consisting of three (53) days after receipt 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 Step 1 answer. The superintendent panel shall arrange with have an interest in the grievant and the Association representative for underlying allegation nor shall such individual be a meeting to take place within ten family member (10as defined in Sick Leave) days of the superintendent’s receipt of Grievant.
8. At the appeal. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) days of the meetingnext regularly scheduled Board Meeting, the grievant and Association Board Chairman shall be provided with report to the superintendent’s written response including Board the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition findings of the grievance at Step 2, Panel and the Association may submit Board will address such findings in the grievance to final and binding arbitration conducted by official records of the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyDistrict.
Appears in 2 contracts
Samples: Master Contract, Master Contract
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee a teacher and the employee’s teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by the employeea teacher, an Association representative may accompany the employee teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the employee teacher or the Association, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee a. The teacher or the Association shall may present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall immediately involved supervisor, who will arrange for a meeting to take place within ten (10) 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, and the immediately involved supervisor may be present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within ten (10) 5 teacher work days of the meeting, the grievant and the Association shall be provided with the supervisor’s 's written response, including the reasons for the decision.
B. Step 2--If b. If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 1A, then the grievant or the Association may refer the grievance may be referred to the superintendent or the superintendent’s 's official designee within five (5) 10 teacher work days after receipt of the Step 1 answerA answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange with the grievant and the Association representative for a meeting to take place within ten (10) 10 teacher work days of the superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessary. The purpose of the meeting is to resolve the issue. Within ten (10) 10 teacher work days of the meeting, the Association and the grievant and Association shall be provided with the superintendent’s 's written response response, including the reasons for the decision.
C. c. If the grievance is not resolved at Step 3--If B then the grievant or the Association may refer the grievance to the Board of Education within 10 teacher work days after the receipt of the Step B answer or within 20 teacher work days after the Step B meeting, whichever is the later. The Board of Education will hear all grievance appeals at the next regularly scheduled Board of Education meeting. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessary. Within 10 teacher work days of the meeting, the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step 2C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to final and binding arbitration conducted by arbitration. The Association shall request a panel of seven (7) arbitrators from the American Arbitration Association or Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, in accordance with the voluntary labor arbitration rulesAssociation striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within thirty10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1. The arbitrator shall have no power to alter the terms of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him by the Board and the Association, and his/her decision shall be based only upon interpretation of the meaning or the application of the express relevant language of this Agreement.
2. Each party shall bear the full cost for its representation in the arbitration. The cost of the arbitrator shall be divided equally between the parties.
3. If either party requests a transcript of the proceedings, that party shall bear the full cost of the transcript. If both parties order a transcript, the cost of the 2 transcripts shall be divided equally between the parties. If a copy of the transcript is furnished to the arbitrator, the cost of such shall be divided equally by the parties.
Appears in 2 contracts
Samples: Master Contract, Master Contract
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee a teacher and the employee’s immediately involved teacher's immediate supervisor to resolve problems through informal and free and informal communications. When requested by Therefore, before a grievance is filed, the employee, an Association representative may accompany claimant shall discuss the employee to assist in claim with the informal resolution of the grievancemost immediate supervisor. If, however, the informal process fails to satisfy the employee or the Associationteacher, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days in the following manner, and the grievant may be accompanied by a representative of when the alleged violation should reasonably have become known, the employee choice: The teacher or the Association shall present file the grievance in writing to with the supervisor involvedimmediate supervisor, who shall certify by signature the date the grievance was received. This certification shall be witnessed by the grievant. The article written grievance shall state the nature of the grievance, shall note the specific clause or clauses of the Agreement which are applicable, and clause alleged to have been violated and shall state the remedy sought should be specifiedrequested. This The supervisor shall arrange for a meeting to take place within ten (10) days after receipt of the grievance. Within ten (10) days of the meeting, with the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answergrievance. The superintendent supervisor shall arrange with make a decision on the grievance and communicate it in writing to the grievant and the Superintendent within five (5) 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 Committee of the Association representative for a meeting to take place within ten (10) days of the superintendent’s receipt of the appealStep One written decision. Each party If the Grievance Committee feels that the grievance has merit, the grievant shall have file, within twenty (20) days of receipt of the right to include in its representation counselors as it deems necessaryStep One written decision, a copy of the grievance with the Superintendent. Within ten (10) days after receipt of the meetingwritten appeal, the Superintendent shall respond in writing to the grievant and the Association shall be provided with Grievance Committee giving a decision, including reasons if the superintendent’s written response including appeal is denied. If the reasons for the decision.
C. Step 3--If the grievant grievance is not satisfied with the disposition of satisfactorily resolved at Step Two, the grievance at Step 2, the may proceed to binding arbitration. The Association may submit to the grievance Superintendent a written request on behalf of the Association and the grievant to final and enter into binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rulesarbitration. If a demand for binding arbitration is not filed within thirtythirty (30) days of receipt of the Step Two 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 not 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 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable 14.1.1 Bargaining unit members shall be disciplined for an employee violation of the rules and regulations of the District, this Agreement and the employee’s immediately involved supervisor law.
14.1.2 Unsatisfactory performance or misconduct of a major nature or serious situations involving the health and welfare of students or employees shall bypass the progressive discipline procedures.
14.1.3 Recommendations for discipline shall be for reasonable cause including but not limited to resolve problems through free and informal communications. When requested by unsatisfactory performance.
14.1.4 Prior to the employee, an Association representative may accompany the employee to assist in the informal resolution imposition of the grievance. If, howeverdiscipline of five (5) days or more suspension without pay or greater penalty, the informal process fails bargaining unit member will be provided an opportunity for a “Xxxxxx hearing” and the bargaining unit member given the opportunity to satisfy the employee respond orally or the Association, a grievance may in writing. Preliminary charges will be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present the grievance provided in writing to the supervisor involvedbargaining unit member and a copy also shall be sent to the CSEA Labor Relations Representative in advance of the “Xxxxxx hearing” which will give the bargaining unit member a reasonable opportunity of not less than five (5) days prior to the hearing. A copy of the preliminary charges provided to the CSEA Labor Relations Representative does not prejudice the right of a bargaining unit member to select his/her representative in the discipline proceeding.
14.1.4.1 A Xxxxxx officer shall be assigned to the bargaining unit member who shall not be the person who initiated and/or recommended that the bargaining unit member be disciplined.
14.1.4.2 The Xxxxxx officer shall provide a written response after the Xxxxxx conference with a decision as to whether the charges are to be upheld, the recommended discipline reduced, or the charges dropped.
14.1.5 After the Xxxxxx officer has provided a written response and prior to a formal evidentiary hearing, the bargaining unit member shall be informed of the specific charges against him or her and the evidence which supports it. The article and clause alleged bargaining unit member shall also be given a statement of his or her right to have been violated and the remedy sought should be specifieda formal hearing on such charges. This supervisor shall arrange for The bargaining unit member may request a meeting to take place hearing within ten (10) days after receipt service of the grievance. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred notice to the superintendent or bargaining unit member. Failure to request the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to take place hearing within ten (10) days of means the superintendent’s receipt of the appeal. Each party shall have bargaining unit member has waived the right to a hearing. The hearing may not be scheduled sooner than thirty (30) days from the time the charges were originally served. The notice shall include in its representation counselors as it deems necessarya card or paper which when signed constitutes a demand for hearing and a denial of all charges.
14.1.5.1 The burden of proof shall be the District’s.
14.1.6 The District will provide one (1) copy each to the bargaining unit member and to the CSEA Labor Relations Representative of all necessary and relevant documents the District intends to introduce at the hearing or requested by CSEA. Within The District and CSEA will identify any exhibits, any physical items, and any witnesses that the parties expect to introduce or to call at the hearing by no later than ten (10) working days prior to the hearing.
14.1.7 Any bargaining unit member against whom a recommendation of disciplinary action has been issued shall remain on active duty status and responsible for fulfilling the duties of the meeting, the grievant and Association position pending his/her appeal or waiver.
14.1.8 The District shall use a hearing officer to hear disciplinary actions whose decision shall be provided with final and binding. The hearing officer is limited to the superintendent’s written response including following:
14.1.8.1 Adopt the reasons for the decisionproposed decision in its entirety.
C. Step 3--If 14.1.8.2 Reduce the grievant is not satisfied with disciplinary action.
14.1.8.3 Reject the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, proposed disciplinary action in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyits entirety.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 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 usually most desirable for an employee and the employee’s immediately involved immediate supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievancecommunication. If, however, the informal process fails to satisfy the employee or the Associationgrievant, a grievance may be processed as follows:.
A. Step STEP 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association : The grievant shall present the grievance in writing using the appropriate form to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall immediately involved supervisor, who will arrange for a meeting to take place within ten four (104) days after the receipt of the grievance. The grievant and the immediately involved supervisor shall be present for the meeting, at the request of the grievant; an Association representative may be present. Within ten two (102) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step STEP 2--If : If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 1, then the grievant may refer the grievance may be referred to the superintendent Superintendent or the superintendent’s his official designee within five with in six (56) days after the receipt of the Step 1 answeranswer or within eight (8) days after the Step 1 meeting, whichever is later. The superintendent Superintendent shall arrange with the grievant and and/or the Association representative for a meeting to take place within ten five (105) days of the superintendentSuperintendent’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 four (104) days of the meeting, the grievant and Association shall be provided with the superintendentSuperintendent’s written response response, including the reasons for the decision.
C. STEP 3: If the grievant is not satisfied with the grievance at Step 3--If 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 twenty (20) days of the receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary to determine pertinent facts to the grievance. Upon 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.
STEP 4: If the grievant is not satisfied with the disposition of the grievance at Step 23, or the time limits expire without issuance of the Board’s written reply, or the Board chooses not to hear the grievance, the grievant and Association may submit the grievance to final and binding arbitration conducted by as provided in the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rulesILLINOIS EDUCATIONAL LABOR RELATION ACT. If a demand for arbitration is not filed within thirtythirty (30) days of the date for the Step 3 answer, 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 arbitrator shall have no power to alter the terms of the Agreement.
Appears in 2 contracts
Samples: Master Contract, Master Contract
Procedures. 1. The parties hereto acknowledge that it aggrieved person shall discuss the grievance informally with the immediate supervisor.
2. If the aggrieved person is usually most desirable for an employee and not satisfied with the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution disposition of the grievance. If, howeverhe/she shall, the informal process fails to satisfy the employee or the Association, a grievance may be processed as follows:
A. Step 1--Within ten within five (105) school days of when the alleged violation should reasonably have become knowndays, the employee or the Association shall present the grievance in writing to the supervisor involvedSuperintendent. The article submission to the Superintendent shall contain a statement setting forth:
(a) The nature of the grievance;
(b) The nature and clause alleged to have been violated extent of the loss, injury or inconvenience, and the remedy sought should be specifiedrequested;
(c) With respect to building service staff, the results of previous discussions and the stated dissatisfaction with the decision previously rendered.
3. This supervisor The Superintendent shall arrange for a meeting investigate the grievance and give his/her decision in writing within five (5) school days to take place within ten (10) days after receipt the aggrieved person.
4. If the aggrieved person is not satisfied with the disposition of the grievance, he/she shall, within five (5) school days, request a review by the Board. The request shall be submitted in writing through the Superintendent, who shall attach all related papers and forward the request to the Board. Within ten thirty (1030) days the Board, or committee of the meetingBoard, shall view the grievant and the Association shall be provided grievance, hold a hearing with the supervisor’s written responseaggrieved if requested, including the reasons for the decisionand render its decision in writing.
B. Step 2--If 5. If the grievant aggrieved person is not satisfied with the disposition of the grievance at Step 1by the Board, then the grievance may be referred to the superintendent or the superintendent’s official designee aggrieved person, within five (5) school days after receipt of the Step 1 answer. The superintendent shall arrange with decision or the grievant and expiration of the time by which a decision is to be rendered, whichever is sooner, may request in writing that the Association representative for a meeting submit the grievance to take place 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 superintendent’s receipt of the appeal. Each party shall have the right request to include in its representation counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final advisory arbitration. Such application for advisory arbitration shall be made to P.E.R.C.
6. The arbitrator selected shall confer with representatives of the Board and binding arbitration conducted the Association and begin hearings as soon as can be arranged. The arbitrator shall 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 thirty (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 American Arbitration Association 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 Federal Mediation and Conciliation Serviceapplication of the provisions of this Agreement, provided, however, in accordance with no event may a grievance proceed beyond the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyBoard 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
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved immediate supervisor to resolve problems through informal and free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. 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 the Association, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association Union shall present file the grievance in writing to with the supervisor involvedimmediate supervisor, who shall certify by signature the date the grievance was received. The article written grievance shall state the nature of the grievance, shall note the specific clause or clauses of the Agreement, which are applicable, and clause alleged to have been violated and shall state the remedy sought should be specifiedrequested. This The supervisor shall arrange for a meeting to take place with the grievant within ten (10) days after receipt of the grievance. Within The supervisor shall make a decision on the grievance and communicate it in writing to the grievant and the Superintendent within five (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 Superintendent, who will follow the same provisions as established in Step One. Step Three If the grievance is not satisfactorily resolved at Step Two, the grievant shall file, within ten (10) days of receipt of the meetingSuperintendent’s decision at Step Two, a request for a hearing with the Board. The Board shall meet with the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five fifteen (515) days after receipt of the Step 1 answerrequest for a hearing. The superintendent Board, or their designee, shall arrange with the grievant and the Association representative for a meeting to take place file an answer within ten (10) days of the superintendent’s receipt of the appeal. Each party shall have the right hearing and communicate it in writing to include in its representation counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association the Superintendent. Step Four If the grievance is not satisfactorily resolved at Step Three, the grievance shall be provided with proceed to binding arbitration. The Union shall submit to the superintendent’s Superintendent a written response including request on behalf of the reasons for the decision.
C. Step 3--If Union and the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and enter into binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rulesarbitration. If a demand for binding arbitration is not filed within thirtytwenty (20) days of receipt of the Step Three 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 selection of an arbitrator shall also 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
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a Teacher and an employee and the employee’s immediately involved supervisor to Administrator may resolve problems through free and informal communications. When requested by The informal disposition of problems in no way prohibits the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievancefrom filing a grievance nor does it establish a precedent. If, however, the informal process fails to satisfy the employee or the AssociationHowever, a grievance may shall be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association 3.2.1 STEP I - The grievant shall present the grievance in writing writing, signed, dated and specifying the remedy sought, to the supervisor involved. The article immediately involved administrator within ten (10) days of the occurrence, stating the Article and clause Section of the Agreement alleged to have been violated and the remedy sought should be specifiedviolated. This supervisor shall The administrator will arrange for a meeting to take place within ten (10) days after of receipt of the grievance. The Association’s representative, the grievant, and the immediately involved administrator shall be present for the meeting. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisoradministrator’s written response, including the reasons for the decision.
B. Step 2--If 3.2.2 STEP II - If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 1STEP I, then the Association shall refer the grievance may be referred to the superintendent or the superintendentSuperintendent’s official designee within five ten (510) days after receipt of the Step 1 STEP I answer. The superintendent Superintendent shall arrange with the grievant and the Association representative for a meeting to take place within ten (10) days of the superintendentSuperintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendentSuperintendent’s receipt of the appeal. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent’s written response response, including the reasons for the decision.
C. Step 3--If 3.2.3 STEP III - If the grievant Association is not satisfied with the disposition of the grievance at Step 2STEP II, the Association may submit the grievance to final and binding arbitration conducted by the arbitration. The American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with shall act as the voluntary labor arbitration rulesadministrator of the proceedings using the Voluntary Labor Arbitration Rules. If a demand for arbitration is not filed with the Board within thirtythirty (30) days of the day of the Step II 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. If both parties request a court reporter, they shall share 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
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 1. The parties hereto acknowledge time elements in the steps may be shortened, extended or waived upon written mutual agreement between the parties.
2. Any grievance which is not appealed within the specified time limits shall be considered withdrawn by the Union. Failure of the Employer to give a written answer within the specified time limit of that step level shall give the appealing party the right to process the grievance to the next step level of the grievance procedure.
3. The employee or the Union must file a grievance in writing within five (5) days of the occurrence on which it is usually most desirable for an employee and the employee’s immediately involved supervisor based or within five (5) days it is reasonable to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy assume that the employee or the Association, Union first became aware of the conditions giving rise to the grievance Step One
a. Any employee having a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when shall discuss the alleged violation should reasonably have become knowngrievance with the immediate supervisor, and then if the grievance is not settled orally, the employee or may request a meeting with the Association shall present Xxxxxxx to discuss the grievance.
b. The Xxxxxxx then may submit the grievance in writing to the immediate supervisor involvedstating the remedy or correction requested, plus the facts upon which the grievance is based and alleged contract violation. The article and clause alleged to have been violated Grievant and the remedy sought should be specified. This supervisor Xxxxxxx shall arrange for a meeting to take place within ten (10) days after receipt of sign the grievance. Within ten (10) days of Step Two
a. The Xxxxxxx shall meet with the meeting, immediate supervisor and the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of to discuss the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after of its written submission to the immediate supervisor.
b. The immediate supervisor shall give his decision in writing relative to the grievance within five (5) days of the meeting with the xxxxxxx and the grievant. Step Three
a. Any appeal of a decision rendered by the immediate supervisor shall be presented to the Superintendent in writing within five (5) days from the date of receipt of the Step 1 answer. answer given by the immediate supervisor, and the Superintendent shall meet with a business representative of the Union at a mutually agreeable time.
b. The superintendent Superintendent shall arrange give his decision in writing relative to the grievance within five (5) days of the date of the meeting with the grievant business representative of the Union. Step Four
a. Any appeal of a decision rendered by the Superintendent shall be presented in writing to a personnel committee of the Board of Education within five (5) days of the date of receipt of the decision rendered by the Superintendent, and the Association Board Committee shall meet with a business representative for of the Union at a meeting mutually agreeable time.
b. The Board Committee shall give its decision in writing relative to take place the grievance within ten (10) days of the superintendent’s receipt date of the appeal. Each party shall have meeting with the right to include in its representation counselors as it deems necessary. Within ten (10) days business representative of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decisionUnion.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor 1. Level 1 – Conferences - An attempt shall be made to resolve problems through free any grievance in an informal, verbal discussion between the grievant and informal communicationshis, her or their principal. When requested Such request for conference shall be made within seven (7) days after the grievant knew or had reasonable opportunity to know of the occurrence of the events, which gave rise to the alleged grievance.
2. Level 1 – Complaint - If the grievance is not resolved satisfactorily at the Level 1 conference, aggrieved teacher or teachers may file a written grievance with the building principal within fourteen (14) calendar (Neg.16) days after the Level 1 conference. The written grievance shall be presented to the building principal in clear and understandable terms on forms provided by the employeeDistrict and shall set forth the following:
a. Cite the section of the negotiated agreement, an Association representative may accompany which has been allegedly violated, misinterpreted or misapplied.
b. Date of the employee occurrence of the events giving rise to assist the alleged grievance.
c. Specific facts giving rise to the grievance with respect to such section.
d. Statement indicating how the alleged facts, as applied to the specific section of the negotiated agreement, result in the informal resolution alleged violation, misinterpretation or misapplication.
e. Specify the relief requested.
f. Signature of the grievant.
g. Signature and date line for principal acknowledging receipt of written grievance. IfUpon receipt of the written grievance the principal shall arrange a formal individual conference with the aggrieved teacher or teachers within five (5) days, however, and may make such further investigation of the informal process fails matter as he or she determines to satisfy the employee or the Association, be necessary. The principal shall render a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present decision on the grievance and communicate it in writing to the supervisor involvedaggrieved teacher or teachers within five (5) days after the conference.
3. Level 2 – In the event the grievance has not been satisfactorily resolved at Level 1, the grievant or grievants may file a written appeal to the Superintendent of Schools. The article and clause alleged to have been violated appeal shall include a copy of the original written grievance and the remedy sought should principal's response. It shall be specifieddelivered to the Superintendent of Schools within fourteen (14) calendar (Neg.16) days following the principal's written decision at Level 1. This supervisor The Superintendent shall arrange for a meeting to take place within ten (10) days after receipt of the grievance. Within ten (10) days of the meeting, the grievant and the Association shall be provided conference with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent aggrieved teacher or the superintendent’s official designee teachers within five (5) days after receipt of the Step 1 answerappeal and may make such further investigation of the matter as he or she determines to be necessary. The superintendent Within five (5) days following the appeal hearing the Superintendent shall arrange give a written decision to the grievant, with a copy of the grievant and decision to the Association representative for principal.
4. Level 3 – In the event a meeting grievance has not been satisfactorily resolved at Level 2, the aggrieved teacher or teachers may file an appeal to take place the Board of Education through the office of the Superintendent. Such appeal shall be filed within ten fourteen (1014) calendar (Neg.16) days of the superintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s Superintendent's written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance decision at Step Level 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyreceived by the
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately immediate involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in 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:
A. a. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the I – The employee or the Association shall may present the grievance in writing to the supervisor involvedbuilding principal within ten (10) days of the event. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall building principal will arrange for a meeting to take place within ten (10) days after receipt of the grievance. The Association’s representative, the grievant, and the principal shall be present for the meeting. Within ten five (105) days of the meeting, the grievant and the Association shall be provided with the supervisorprincipal’s written response, including the reasons for the decision.
B. b. Step 2--If II – If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 1I, then the grievant or the Association Representative may refer the grievance may be referred to the superintendent Superintendent or the superintendent’s official designee within five his assignee with ten (510) days after the receipt of the Step 1 I answer. The superintendent Superintendent shall arrange with the grievant and or the Association representative for a meeting to take place within ten five (105) days of the superintendentSuperintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessaryrepresentation. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendentSuperintendent’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 response, including the reasons for the decision.
C. c. Step 3--If III – If the grievant association is not satisfied with the disposition of the grievance at Step 2II, the Association may submit the grievance to final and binding arbitration conducted by through the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with which shall act as the voluntary labor arbitration rulesadministrator of the proceedings. If a demand for arbitration is not filed within thirtythirty (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 arbitrator shall have no power to alter the terms of this agreement.
3. The fees and the expenses of the arbitrator shall be shared equally.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties Parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the such informal process fails processes fail to satisfy the employee or the Associationteacher, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association The grievant shall present the grievance in writing within twenty-two (22) days of occurrence of the event giving rise to the supervisor involved. 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 should be specifiedto the Principal. This supervisor The Principal shall provide 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 aggrieved may refer the grievance to the 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 with ten (10) days after of the receipt of the grievanceappeal. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisorSuperintendent’s written response, including the reasons for the decision.
B. Step 2--If C. If the grievant is not satisfied with the disposition of answer at Step B, the grievant may submit the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt Board of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to take place Education within ten (10) days of to be discussed at the superintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessarynext regular Board meeting. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendentBoard’s written response response, including the reasons for the Boards’ decision.
C. Step 3a. 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--If eight (48) hours previously.
c. If the grievant Association is not satisfied with the disposition of the grievance at Step 2C, or the time limits expire without the issuance of the Board’s written reply, the Association may my submit the grievance to final and binding arbitration conducted by under the Voluntary Arbitration Rules of the American Arbitration Association or Federal Mediation and Conciliation ServiceAssociation, which shall act as administrator of the proceedings.
i. The arbitrator, in accordance with to the voluntary labor arbitration rulesprovisions 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 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 demand transcript of the proceedings, that party shall bear the full costs for arbitration 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.
X. Xxxxxxx 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 limits shall permit the grievance to proceed to the next step.
B. Any investigation, handling or processing of any grievance by the 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 at Step B.
E. The Board acknowledges the right of the teachers to have a local Association representative present, if the grievant 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 filed within thirtypresent, if one is requested.
X. Xx reprisals shall be taken by the Board or Administration against a teacher because of his/her participation in a grievance.
G. With the Superintendent’s approval, the Grievant and the local representative may be released from his/her assignment with loss of pay or benefits to attend meetings specified in Section 10.2.
Appears in 2 contracts
Samples: Teacher Contract, Teacher Contract
Procedures. The parties hereto acknowledge that it It is usually most desirable for an employee and the employee’s immediately involved 's supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievancediscussions. If, however, the informal process fails to satisfy resolve the employee or the Associationissue, a grievance may shall be processed as follows:
A. Step STEP 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association : Any member covered by this Agreement who has a grievance shall present the grievance submit it in writing to the supervisor involvedImmediate Supervisor or other person designated by the Board for this purpose. The article and clause alleged to have been violated grievance shall set forth in detail all relevant facts upon which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy sought should relief requested. The Immediate Supervisor or other person designated will discuss the grievance with the member at a time mutually agreeable within fifteen (15) calendar days of receipt of the written grievance. A representative of the Association will be specifiedgiven the opportunity to be present at such meeting and, if requested by the member, may represent the member at the meeting. This supervisor If no settlement is reached, the Immediate Supervisor or other person designated by the Board for this purpose shall arrange for give a meeting written answer within fifteen (15) calendar days following their meeting.
STEP 2: If the grievance is not settled at Step 1 and the member wishes to take place appeal the grievance, it shall be referred in writing within ten fifteen (1015) calendar days after receipt of the answer at Step 1 to the Xxxxxxx or his/her designee. The Xxxxxxx or his/her designee shall discuss the grievance with the member at a time mutually agreeable within fifteen (15) calendar days of receipt of the written grievance. Within ten (10) days A representative of the Association will be given the opportunity to be present at such meeting and, if requested by the member, may represent the member at the meeting. If no settlement is reached, the grievant Xxxxxxx or his/her designee shall give a written answer within fifteen (15) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the Association member wishes to appeal the grievance, it shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee in writing within five fifteen (515) calendar days after receipt of the answer at Step 2 to the President. The President or his/her designee (provided he/she has not been previously involved in Step 1 answer. The superintendent or Step 2) shall arrange discuss the grievance with the grievant and the Association representative for member at a meeting to take place time mutually agreeable within ten fifteen (1015) calendar days of the superintendent’s after receipt of the appealwritten grievance. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) days A representative of the Association will be given the opportunity to be present at such meeting and, if requested by the member, may represent the member at the meeting. If no settlement is reached, the grievant and Association President or his/her designee shall be provided with the superintendent’s give a written response including the reasons for the decisionanswer within fifteen (15) calendar days following theirmeeting.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s 's immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative a local association member may accompany the employee to assist in 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:
A. 3.2.1 Step 1--Within I - The grievance must be presented in writing to the immediately involved supervisor, within ten (10) school working days of when the alleged violation should reasonably have become known, date of the employee or the Association shall present the grievance in writing event giving rise to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall grievance, who will arrange for a meeting to take place within ten five (105) working days after the receipt of the grievance. The Association's representative (optional), the grievant, and the immediately involved supervisor shall be present for the meeting. Within ten five (105) working days of the meeting, the grievant and the Association shall be provided with the supervisor’s 's written response, including the reasons reason(s) for the decision.
B. 3.2.2 Step 2--If II - If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 1I, then the employee, or the Association, may refer the grievance may be referred to the superintendent Superintendent or the superintendent’s Superintendent's official designee within five (5) working days after receipt of the Step 1 I answer. The superintendent Superintendent shall arrange with the grievant and the Association representative for a meeting to take place within ten five (105) working days of the superintendent’s 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 five (105) working days of the meeting, the grievant and Association shall be provided with the superintendent’s Superintendent's written response response, including the reasons reason(s) for the decision.
C. 3.2.3 Step 3--If III - If the grievant Association is not satisfied with the disposition of the grievance at Step 2II, the Association may submit the grievance to the Panhandle Community Unit District #2 Board of Education. The Board will have ten (10) calendar days to resolve the grievance.
3.2.4 Step IV - If the Association is not satisfied with disposition of the grievance at Step III, the Association may submit the grievance to final and binding arbitration conducted by under the Voluntary Labor Arbitration Rules of the American Arbitration Association Association. The parties may use AAA, FMCS, or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rulesa mutual selection to determine an arbitrator. If a demand for arbitration is not filed within thirtythirty (30) calendar days of the date for the Step III answer, then the grievance shall be deemed withdrawn.
3.2.4.1 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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s his immediately involved supervisor to resolve problems through free and informal communications. An attempt shall be made to resolve any grievance informally, through verbal discussion between the complainant and his immediate supervisor or other administrator having direct jurisdiction over the problem. When requested by the employee, an Association a representative may accompany the employee to assist in 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:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the : The employee or the Association shall present the grievance in writing on the required form to the immediately involved supervisor involved[a copy is in Appendix A]. The article and clause alleged to have been violated and the remedy sought should be specified. This immediately involved supervisor shall arrange for a meeting to take place within ten five (105) days after the receipt of the grievance. The grievant, his or her representative, the immediately involved supervisor, and a district representative shall be present for the meeting. Within ten five (105) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written responseresponse on the required form, including the reasons for the decision.
B. Step 2--If : If the grievance is not resolved to the satisfaction of the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievant may refer the grievance may be referred to the superintendent or the superintendent’s official designee Director of Schools within five (5) days after the receipt of the Step 1 answerresponse or within ten (10) days after the Step 1 meeting, whichever is later. The superintendent Director shall arrange with the grievant and the Association representative for a meeting to take place within ten five (105) days davs of the superintendentDirector’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 davs after the meeting, the grievant and Association shall be provided with the superintendentDirector’s written response response, including the reasons for the decision.
C. Step 3--If : If the grievance is not resolved at Step 2 or the time limits expire without the issuance of the Director’s written reply, the grievant may request a review by the Board of Education within seven (7) days after the employee receives the written decision or 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 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 the aggrieved employee, to the Director of Schools, and to the Association.
Step 4: If the grievant is not satisfied with the disposition of the grievance at Step 24 or the time limits expire without the issuance of the Board’s written reply, the Association grievant may submit the grievance to final and binding arbitration conducted an arbitrator selected from a list provided by the American Arbitration Association or Federal Mediation (AAA). Adopted by the Claiborne County Board of Education, the arbitration request and Conciliation Service, in accordance arbitrator selection shall comply with the voluntary labor Labor Arbitration Rules of the AAA. The Board and grievant shall share the fees and expenses of arbitration rulesequally. If The decision of the arbitrator shall be advisor only, but will be adopted unless specifically rejected by a demand for arbitration is not filed majority of the total membership of the Board within thirtythirty (30) days of receipt or the scheduling of a regular board meeting, whichever occurs first. Notification of rejection or adoption must be written, stating the date of consideration and the vote of the Board.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Procedures. The parties hereto acknowledge that i) An employee with a grievance shall first submit it is usually most desirable for an employee and in writing to his/her Principal within thirty (30) school days of the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution date he/she knew or should have known of the grievance. If, however, the informal process fails to satisfy The Principal shall meet with the employee or the Association, a grievance may be processed as follows:
A. Step 1--Within ten within five (105) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place within ten (10) working days after receipt of receiving the written grievance. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If ii) If the grievant aggrieved person is not satisfied with the disposition of the grievance at Step 1by the Principal, then the grievance may be referred to the superintendent or the superintendent’s official designee if no decision has been rendered within five (5) working days after receipt of the Step 1 answerfirst meeting, the written grievance may be filed with the Superintendent or designee. The superintendent Superintendent or designee shall arrange meet with the grievant employee within five (5) working days after receiving the written grievance and shall communicate his/her decision in writing to the aggrieved person and the Association representative for a meeting to take place within ten five (105) working days of the superintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) days of after the meeting, . If the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant employee is not satisfied with the disposition of the grievance at Step 2by the Superintendent or designee, the employee shall notify the Association within five (5) work days after receipt of the Superintendent’s or designee’s decision. The Association may submit then file the grievance in writing with the School Board Communications Committee (SBCC) within ten (10) school days. A meeting between the Grievance Committee and the SBCC to final examine the facts of the grievance shall be held within fifteen (15) days after receiving the written grievance. The SBCC will render a written decision within fifteen (15) school days after such meeting.
iii) If the Association is not satisfied with the disposition of the grievance by the SBCC and binding arbitration conducted by determines that the matter should be arbitrated, it shall advise the Superintendent in writing within ten (10) working days of receipt of the employee's request. If the parties fail to agree upon an arbitrator within fourteen (14) days after the employee has requested arbitration, then either party may apply to the American Arbitration Association for designation of an arbitrator. The arbitrator shall proceed forthwith to make a final and binding disposition of the grievance by such means and methods as he may determine to be necessary. The arbitrator has no authority to alter, change, or Federal Mediation modify any provision of this Agreement.
iv) If either party fails to abide by the provisions of this Section (XIX) the other party may apply to Merrimack County Superior Court under the provisions of RSA 542 for enforcement of this Agreement.
v) The cost of arbitration, including the arbitrator's fees and Conciliation Servicereasonable expenses, shall be borne equally, subject to the agreement of both parties
vi) No reprisals of any kind will be taken by the District or the Association against any party of interest or other participant in accordance with the voluntary labor arbitration rulesgrievance procedure.
vii) Any party of interest may be represented by counsel or by a representative selected by the Association. If The Association may appear and be heard at any stage of the grievance procedure.
viii) A grievance involving a demand for arbitration is not filed within thirtygroup of employees from different buildings or departments may be submitted in writing by the Association directly to the Superintendent or designee.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Procedures. The parties hereto acknowledge that it It is usually most desirable for an employee and the employee’s immediately involved 's supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievancediscussions. If, however, the informal process fails to satisfy resolve the employee or the Associationissue, a grievance may shall be processed as follows:
A. Step STEP 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association : Any member covered by this Agreement who has a grievance shall present the grievance submit it in writing to the supervisor involvedXxxx of Academic Affairs or other person designated by the Board for this purpose. The article and clause alleged to have been grievance shall set forth in detail all relevant facts upon which it is based, the provision or provisions of the Agreement allegedly violated and the remedy sought should relief requested.
STEP 2: If the grievance is not settled at Step 1 and the member wishes to appeal the grievance, it shall be specified. This supervisor shall arrange for a meeting to take place referred in writing within ten fifteen (1015) calendar days after receipt of the answer at Step 1 to the Vice President of Instruction or his/her designee. The Vice President of Instruction or his/her designee shall discuss the grievance with the member at a time mutually agreeable within fifteen (15) calendar days of receipt of written grievance. Within ten (10) days A representative of the Association will be given the opportunity to be present at such meeting and, if requested by the member, may represent the member at the meeting. If no settlement is reached, the grievant Vice President of Instruction or his/her designee shall give a written answer within fifteen (15) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the Association member wishes to appeal the grievance, it shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee in writing within five fifteen (515) calendar days after receipt of the answer at Step 2 to the President. The President or his/her designee (provided he/she has not been previously involved in Step 1 answer. The superintendent or Step 2) shall arrange discuss the grievance with the grievant and the Association representative for member at a meeting to take place time mutually agreeable within ten fifteen (1015) calendar days of the superintendent’s after receipt of the appealwritten grievance. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) days A representative of the Association will be given the opportunity to be present at such meeting and, if requested by the member, may represent the member at the meeting. If no settlement is reached, the grievant and Association President or his/her designee shall be provided with the superintendent’s give a written response including the reasons for the decisionanswer within fifteen (15) calendar days following their meeting.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and an employee and the employee’s immediately involved supervisor to administrator may resolve problems through free and informal communications. When requested by communications as long as the employee, an Association representative may accompany adjustment is not inconsistent with the employee to assist in the informal resolution 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. If, however, the informal process fails to satisfy the employee or the AssociationHowever, a grievance may shall be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association I The grievant shall present the grievance in writing writing, signed, dated and specifying the remedy sought, to the supervisor involved. The article administrator within (10) days of the occurrence, or date the grievant had knowledge of the occurrence, whichever is later, stating the Article and clause Section of the Agreement alleged to have been violated and the remedy sought should be specifiedviolated. This supervisor shall The administrator will arrange for a meeting to take place within ten (10) days after of receipt of the grievance. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisoradministrator’s written response, including the reasons for the decision.
B. Step 2--If II Failing to reach an amicable resolution at Step I, the grievant is not satisfied may request a hearing on the grievance with the disposition Willow Grove Board of Education. The request for a Step II hearing with the grievance at Step 1, then the grievance may Board of Education shall be referred submitted to the superintendent or the superintendent’s official designee within five (5) days after receipt Board of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to take place Education President within ten (10) days of the superintendentadministrator’s receipt written response at Step I, or the grievance shall be deemed to have been withdrawn. Within thirty (30) days of the appealrequest for a hearing, the Board of Education shall commence a meeting to hear the issue. Each party shall have the right to include in its representation counselors such witnesses as it deems necessary. Within ten (10) days of the meetinghearing, the grievant and Association shall be provided with the superintendentBoard’s written response response, including the reasons for the decision.
C. Step 3--If III If the grievant Association is not satisfied with the disposition of the grievance at Step 2II, the Association may submit the grievance to final and binding arbitration conducted by with the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with which shall act as the voluntary labor arbitration rulesadministrator of the proceedings. If a demand for arbitration is not filed with the Board within thirtythirty (30) days of the date of the Step II 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 arbitrator shall consider 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
Samples: Collective Bargaining Agreement
Procedures. Informal (Pre-Grievance Meetings Process) - An attempt shall be made to resolve any grievance using an informal process. The parties hereto acknowledge that it purpose of this informal process is usually most desirable for an employee 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 employee’s immediately involved supervisor administrator with direct responsibility to resolve problems 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 informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution 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 should state the remedy requested. The grievance must be filed within 45 calendar days from the date of the occurrence of the event giving rise to the grievance. If, however, or from the informal process fails to satisfy the employee or the Association, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of date when the alleged violation should grievant might reasonably have become known, the employee had knowledge thereof. The supervisor or the Association shall present other administrator who has authority to make a decision on the grievance shall make such decision and communicate it in writing to the supervisor involved. The article and clause alleged to have been violated teacher, Superintendent, Associate Superintendent for Human Resources/Professional Learning, and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place Association within ten (10) working days after from receipt of the written grievance. Within ten (10) days of the meeting, the grievant and the Association The response shall be provided with the supervisor’s written response, including include the reasons for the decision.
B. 2. Step 2--If II – If the grievance is not resolved at Step I, the grievant is not satisfied with shall file within ten (10) working days of the disposition Step I response, a copy of the grievance at Step 1, then with the grievance may be referred to Superintendent and the superintendent or Associate Superintendent for Human Resources/ Professional Learning who shall hold a meeting with the superintendent’s official designee grievant and Association representative within five ten (510) working days after from the date of receipt of the Step 1 answerII appeal. The superintendent Associate Superintendent for Human Resources/Professional Learning shall arrange 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 the supervisor's written decision and reason(s) at the second step, a copy of the Grievance with the Superintendent. Within ten (10) working days after such written grievance is filed, the Superintendent, or designee, shall hold a meeting with the grievant and the Association representative for a meeting to take place within ten (10) days of the superintendent’s receipt of the appealrepresentative. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessarynecessary to develop facts pertinent to the grievance. Within Upon conclusion of the hearing, the Superintendent shall have ten (10) working days of in which to provide the meetingwritten decision, with reasons, to the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decisionAssociation.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee a Teacher and the employee’s his or her immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association a Union representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee Teacher or the AssociationUnion, a grievance may be processed as follows:
A. Step 1--Within The Teacher or the Union may present the grievance in writing, within ten (10) school days of when the date of the event giving rise to the grievance, to the immediately involved supervisor, which grievance shall state the article, section and clause of this Agreement alleged violation should reasonably have become knownto be violated, misrepresented or misapplied, and which grievance shall further state the remedy which is sought. Within five (5) days after the receipt of the grievance, the employee or the Association shall present the grievance in writing to the immediately involved supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall will arrange for a meeting to take place within ten (10) days after receipt of place. The Union’s representative shall be present for the grievancemeeting. Within ten five (105) days of the meeting, the grievant and the Association Union shall be provided with the supervisorSupervisor’s written response, including the reasons for the decision.
B. Step 2--If If the grievant grievance is not satisfied with the disposition of the grievance at Step 1resolved in step 4.2A, then the Union may refer the grievance may be referred to the superintendent Superintendent or the superintendent’s official designee his officially designated representative within five (5) days after the receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to take place 4.2A answer or within ten (10) days of the superintendentStep 4.2A meeting, whichever is later. The Superintendent shall arrange with the Union for a meeting to take place within five (5) days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors such witnesses and counsel as it deems necessary. Within ten five (105) days of the meeting, the grievant and Association Union shall be provided with the superintendentSuperintendent’s written response including the reasons for the decisionresponse.
C. Step 3--If If the grievant Union is still not satisfied with the disposition of the grievance at Step 24.2B or the time limits expire without the issuance of the Superintendent’s written reply, the Association Union may submit the grievance to final and binding arbitration conducted by under the Voluntary Labor Arbitration Rules of the American Arbitration Association or Federal Mediation and Conciliation ServiceAssociation, in accordance with which shall act as the voluntary labor arbitration rulesAdministration of the proceeding. If a demand for arbitration is not filed within thirtythirty (30) days for the 4.2B answer, then the grievance shall be deemed withdrawn.
1. The Union shall not 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 Association.
2. The Arbitrator shall have 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.
4. The cost of the American Arbitration Association is to be shared equally by the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee 1. Any grievance arising between the Employer and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested Union or any employee(s) represented by the employee, an Association representative may accompany the employee to assist Union shall be settled in the informal resolution following manner:
STEP 1. The aggrieved employee or employees must present the grievance to the first line supervisor through the shop xxxxxxx within five (5) working days after knowledge of the grievancegrievance or the reason for the grievance has occurred. If, howeverIf a satisfactory settlement is not reached with the first line supervisor within three (3) working days, the informal process fails to satisfy the employee or the Association, a grievance may be processed as follows:appealed to Step 2.
A. Step 1--Within ten STEP 2. The union business representative shall then take the matter up with a representative of the employer with authority to act upon such grievance. A decision must be made within five (105) school days of when the alleged violation should reasonably have become knownworking days.
STEP 3. If no satisfactory settlement can be agreed upon, the employee or the Association shall present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place within ten (10) days after receipt of the grievance. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance matter may be referred to the superintendent New Jersey State Mediation Service. After the New Jersey State Mediation Service submits a list of arbitrators to the Union and the Employer, they shall reply with their preferred selection within the time limits set forth by the New Jersey Mediation Service. The Arbitrator shall not have the authority to amend or the superintendent’s official designee within five (5) days after receipt modify this Agreement or establish new terms or conditions under this Agreement. A mutual settlement of the Step 1 answergrievance pursuant to the procedures set forth herein and/or a decision of the Arbitrator will be final and binding on all parties and the employees involved. The superintendent expense of the Arbitrator selected or appointed shall arrange with be borne equally by the grievant Employer and the Association representative for a meeting to take place within ten (10) days of the superintendent’s receipt of the appealUnion. Each party The Local Union, or its authorized representative, shall have the right to include examine the time sheets and other records pertaining to the computation of compensation of any individuals whose pay is in its representation counselors as it deems necessarydispute or records pertaining to a specific grievance. Within ten (10) days The procedures set forth herein may be invoked only by an authorized representative of the meeting, Employer or the grievant and Association Union. An appeal to arbitration shall be provided with instituted in writing twenty (20) calendar days from the superintendent’s written response including the reasons for the decision.
C. receipt of a decision at Step 32, then within twenty--If the grievant is not satisfied with the disposition of five (25) calendar days from presenting the grievance at Step 2. Failure at any step of this procedure to appeal a grievance to the next step within this specified time limit shall be deemed to be an abandonment of such grievance and the decision rendered therein shall stand for the particular grievance. It is understood that employees shall, during and notwithstanding the Association may submit pendency of any grievance, continue to observe all assignments, instructions, and applicable rules and regulations of the Township of Readington, or its designee, until such grievance and any effect thereof shall have been fully determined. Failure at any step of this procedure to communicate the decision of the grievance within the specified time limits shall permit the aggrieved to final and binding arbitration conducted by proceed to the American Arbitration Association or Federal Mediation and Conciliation Servicenext step. However, in accordance with a failure to render a decision shall not be considered as an acquiescence to the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtygrievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s his or her immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee him or her to assist in 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:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the The employee or the Association shall may present the grievance in writing writing, within twenty-one (21) days of the date of the event giving rise to the supervisor involvedgrievance, 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 article and clause alleged to have been violated and immediately involved supervisor will arrange with the remedy sought should be specified. This supervisor shall arrange grievant and, if requested, the Association’s representative, for a meeting to take place within ten seven (107) days after of the receipt of the grievance. Within ten seven (107) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 11.2.A, then the grievant or the Association may refer the grievance may be referred to the superintendent Superintendent or the superintendent’s official designee his officially designated representative within five seven (57) days after receipt of the Step 1 answer1.2.A answer or within fourteen (14) days after the Step 1.2.A meeting, whichever is later. The superintendent Superintendent shall arrange with the grievant and and, if requested, the Association representative representative, for a meeting to take place within ten seven (107) days of the superintendentSuperintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors such witnesses and counsel as it deems necessary. Within ten seven (107) days of the meeting, the grievant and the Association shall be provided with the superintendentSuperintendent’s written response including the reasons for the decisionresponse.
C. Step 3--If If the grievant Association is not satisfied with the disposition of the grievance at Step 21.2.B. or the time limits expire without the issuance of the Superintendent’s written reply, the Association grievance may submit the grievance be submitted to final and binding arbitration conducted by under the Voluntary Labor Arbitration Rules of the American Arbitration Association or Federal Mediation and Conciliation ServiceAssociation, in accordance with which shall act as the voluntary labor arbitration rulesAdministrator of the proceedings. If a demand for arbitration is not filed within thirtythirty (30) days of the date for Step 1.2.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 Arbitrator shall have 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
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee a Teacher and the employee’s Teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by the employeeTeacher, an Association representative may accompany the employee Teacher to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee Teacher or the Association, a grievance may be processed as follows:
A. 1. Step 1--Within ten 1 - A grievance must be presented within thirty (1030) school days after the parties become aware of when the alleged violation should reasonably have become known, occurrence that gives rise to the employee grievance. The Teacher or the Association shall may present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall immediately involved supervisor, who will arrange for a meeting to take place within ten five (105) days after receipt of the grievance. The Association's representative, the grievant and the immediately involved supervisor shall be present for the meeting. Within ten five (105) days of the meeting, the grievant and the Association shall be provided with the supervisor’s 's written response, including the reasons for the decision.
B. 2. Step 2--If 2 - If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 1, then the Association may refer the grievance may be referred to the superintendent Superintendent or the superintendent’s Superintendent's official designee within five fifteen (515) days after receipt of the Step 1 answer. The superintendent Superintendent shall arrange with the grievant and the Association representative for a meeting to take place within ten five (105) days of the superintendent’s 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 five (105) days of the meeting, the grievant and Association shall be provided with the superintendent’s Superintendent's written response response, including the reasons for the decision.
C. 3. Step 3--If 3 - If the grievant 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 fourteen (14) days after notification from the 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 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 Board's written response, including the reasons for the decision.
4. Step 4 - If the Association is not satisfied with the disposition of the grievance at Step 23, the Association may submit the grievance to final and binding arbitration conducted by through the American Arbitration Association or Federal Mediation and Conciliation ServiceService (FMCS), in accordance with which shall act as the voluntary labor arbitration rulesadministrator of the proceedings. If a demand for arbitration is not filed within thirtythirty (30) days of the date for the Step 3 answer, 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 arbitrator shall have no power to alter the terms of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) The parties hereto acknowledge that it is usually most desirable for an employee and filing or pendency of any grievance under the employee’s immediately involved supervisor provisions of this Article shall in no way operate to resolve problems through free and informal communications. When requested by impede, delay or interfere with the employeeright of the City to take the action complained of, an Association representative may accompany subject, however to the employee to assist in the informal resolution final disposition of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a .
(B) A grievance may be processed as follows:withdrawn by the grievant at any time at any step of this procedure, provided however, that the same grievance may not be filed a second time by the same party after the grievance has been withdrawn.
A. (C) Grievances shall be presented and adjusted in the following manner.
(1) Step 1--Within ten
(10a) school An employee and/or the Association having a grievance may, within eight (8) calendar days of when the alleged violation should reasonably have become knownoccurrence of the event(s) which gave rise to the grievance, submit it to the Human Resources department. In filing a grievance at Step 1, the employee shall submit to the Human Resources director or designee a grievance form (Appendix A) to be supplied by the City, setting forth specifically the complete facts and issues on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. If the grievance is not received within the stated time limits, the grievance shall be considered conclusively abandoned.
(b) The employee’s immediate supervisor or designee shall have a meeting within eight
(8) days of receiving the grievance to discuss the grievance and shall communicate a decision in writing to the employee and to the Association shall present Representative, if any, within eight (8) days following the date of the meeting.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the employee may appeal the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place Human Resources director or designee within ten eight (10) 8) days after receipt of the decision at Step 1.
(b) The department head or designee shall have a meeting within eight (8) days of receiving the grievance with the employee and/or Association Representative to discuss the grievance. Within ten The department head or designee shall communicate a decision in writing to the employee and to the Association Representative within eight (10) 8) days of the meeting.
(3) Step 3
(a) If the grievance is not resolved at Step 2, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of employee may appeal the grievance at Step 1, then the grievance may be referred in writing to the superintendent or City Manager via the superintendent’s official designee Human Resources director within five eight (5) 8) days after receipt of the decision at Step 1 answer2.
(b) The City Manager or his designee shall have a meeting within eight (8) days of receiving the grievance with the employee and/or Association Representative to discuss the grievance. The superintendent City Manager or his designee shall arrange with communicate a decision in writing to the grievant employee and to the Association representative for a meeting to take place Representative within ten eight (10) days of the superintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) 8) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. (4) Arbitration
(a) If the grievance is not resolved at Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association President, or his designee, may submit present the grievance for arbitration to final the Federal Mediation and binding arbitration conducted Conciliation Service (FMCS) or, as an alternative option, if mutually agreed to by the parties, the American Arbitration Association or Federal Mediation (AAA). Such submission shall be made within twenty (20) days of receipt of the Step 3 decision.
(b) The parties shall select an arbitrator from the list of names forwarded by the FMCS. Such selection will be made by "striking.” A flip of the coin shall decide which party strikes first. The remaining name shall be the arbitrator to hear the grievance. The arbitrator’s fees and Conciliation Service, in accordance with expenses shall be equally borne by the voluntary labor arbitration rulesparties. If a demand verbatim transcript of the hearing is made and either party desires a copy of the transcript, that party will bear the expense of the copy or copies. The parties shall share equally in the cost of any transcripts supplied to the arbitrator. The decision of the arbitrator shall be final and binding.
(5) The time limits will be binding unless waived in writing by the parties. If any employee initiates the grievance procedure and fails to appeal any decision under that procedure to the next step of the grievance procedure, the decision made will be final and binding. If any employer representative fails to issue a decision at any step of the grievance procedure, the grievant may proceed to the next step of the procedure within the prescribed time frame as if a decision has been made.
(6) Both the City and Association may mutually agree to proceed to instant arbitration for arbitration is not filed within thirtyany alleged violation of this agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) The parties hereto acknowledge that it is usually most desirable for an employee and filing or pendency of any grievance under the employee’s immediately involved supervisor provisions of this Article shall in no way operate to resolve problems through free and informal communications. When requested by impede, delay or interfere with the employeeright of the City to take the action complained of, an Association representative may accompany subject, however to the employee to assist in the informal resolution final disposition of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a .
(B) A grievance may be processed as follows:withdrawn by the grievant at any time at any step of this procedure, provided however, that the same grievance may not be filed a second time by the same party after the grievance has been withdrawn.
A. (C) Grievances shall be presented and adjusted in the following manner.
(1) Step 1--Within
(a) An employee and/or the Association having a grievance may, within ten (10) school days of when the alleged violation should reasonably have become knownoccurrence of the event(s) which gave rise to the grievance, submit it to the Human Resources department. In filing a grievance at Step 1, the employee shall submit a grievance form (Appendix A) to be supplied by the City, setting forth specifically the complete facts and issues on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. If the grievance is not received within the stated time limits, the grievance shall be considered conclusively abandoned.
(b) The department head or designee shall have a meeting within ten (10) days of receiving the grievance to discuss the grievance and shall communicate a decision in writing to the employee and to the Association shall present Representative, if any, within ten (10) days following the date of the meeting.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the employee may appeal the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and City Manager via the remedy sought should be specified. This supervisor shall arrange for a meeting to take place Director of Human Resources or designee within ten (10) days after receipt of the decision at Step 1.
(b) The City Manager or designee may have a meeting within ten (10) days of receiving the grievance with the employee and/or Association Representative to discuss the grievance. Within The City Manager or designee shall communicate a decision in writing to the employee, and to the Association Representative within ten (10) days of the meeting.
(3) Step 3
(a) If the grievance is not resolved at Step 2, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of employee may appeal the grievance at Step 1, then the grievance may be referred in writing to the superintendent or City Manager via the superintendent’s official designee Human Resources Director within five ten (510) days after receipt of the decision at Step 1 answer2.
(b) The City Manager or his designee shall have a meeting within ten (10) days of receiving the grievance with the employee and/or Association Representative to discuss the grievance. The superintendent City Manager or his designee shall arrange with communicate a decision in writing to the grievant employee, and to the Association representative for a meeting to take place Representative within ten (10) days of the superintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. Informal A grievance will first be discussed with the Terminal Manager with the objective of resolving the matter informally. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany Terminal Manager will hold a meeting with the employee to assist in the informal resolution within five (5) working days of receiving written notice of the grievance. If, however, This notice will be time and date stamped upon receipt to indicate the informal process fails start of the five (5) days. The Terminal Manager will provide the aggrieved party with a written answer to satisfy the grievance within five (5) working days after the meeting. Such answer shall include the reasons upon which the decision was based. The employee and Terminal Manager shall each be entitled to representation as described in 4534(4). Level I If the employee or the Association, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place within ten (10) days after receipt of the grievance. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the his/her grievance at Step 1the informal level, then he/she may file a written grievance with the grievance may be referred to the superintendent Director of Transportation, or the superintendent’s official designee designee, within five (5) working days. This notice will be time and date stamped upon receipt to indicate the start of the five (5) days. The Director of Transportation, or designee, will hold a meeting with the employee within five (5) working days of receiving the written grievance. The employee and the Director of Transportation, or designee, shall each be entitled to representation as described in 4534(4). The Director of Transportation, or designee, will provide the aggrieved party with a written answer to the grievance within five (5) working days after receipt of the Step 1 answermeeting. The superintendent Such answer shall arrange include the reasons upon which the decision was based. Level II In the event the employee is not satisfied with the response in Level I, the grievant and may request, in writing, a hearing with the Association representative for a meeting to take place Chief Human Resources Officer, or designee, within ten five (105) working days of the superintendent’s response resulting from Level I. This notice will be time and date stamped upon receipt to indicate the start of the appealfive (5) days. Each party The Chief Human Resources Officer, or designee, will contact the grievant within five (5) working days of receiving notice of the appeal of the Level I decision in order to schedule the Level II meeting. The Level II meeting will be held within thirty (30) working days of this contact. Extension of time may be granted by mutual consent. The employee and Chief Human Resources Officer, or designee, shall have the right each be entitled to include representation as described in its representation counselors as it deems necessary4534(4). Within ten (10) working days of the meetinghearing, the grievant and Association Chief Human Resources Officer, or designee, shall be provided with submit an answer, in writing, to the superintendent’s written response including grievant. Level III In the reasons for event the decision.
C. Step 3--If the grievant bus driver is not satisfied with the disposition response in Level II the grievant may request, in writing, a hearing before an independent hearing office. The request for the hearing must be received by the Chief Human Resources Officer, or designee, within ten (10) working days of the grievance at Step 2Level II decision. The decision of the hearing officer shall be advisory and submitted to the Board of Education for consideration within thirty (30) calendar days after the conclusion of testimony and argument. Expenses for the hearing officer's services and the proceedings shall be borne equally by the employer and the employee. If the hearing officer is unable to provide a neutral and cost-free site for hearings, the District and Association may submit the grievance to final will mutually agree upon using a District or CCTEA, FRUU, or CEA property. However, each party shall be responsible for compensating its own representatives and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration ruleswitnesses. If either party desires a demand verbatim record of the proceedings, they may cause such a record to be made, providing they pay for arbitration is not filed within thirtythe record and make copies available without charge to the other party and the hearing officer. A hearing officer selected from an approved list of hearing officers shall conduct the hearing. Cherry Creek Transportation Employees’ Association
Appears in 1 contract
Samples: Negotiated Agreement
Procedures. The parties hereto hereby acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in 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:
A. : ! Step 1--Within ten I—Within twenty (1020) school days following the occurrence of when the alleged violation should reasonably have become knownevent giving rise to the grievance, the employee or the Association shall may present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall immediate supervisor, who will arrange for a meeting to take place within ten (10) days after receipt of the grievance. The written grievance shall 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 the Association shall be provided with the immediate supervisor’s written response, including the reasons for the decision.
B. . ! Step 2--If II—If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 1I, then the Association may refer the grievance may be referred to the superintendent Superintendent or the superintendentSuperintendent’s official designee within five ten (510) days after the receipt of the Step 1 I answer. The superintendent Superintendent or designee shall arrange with the grievant and the Association representative representatives for a meeting to take place within ten (10) days of the superintendentSuperintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors such witnesses and internal representatives as it deems necessarynecessary to develop the facts pertinent to the grievance. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendentSuperintendent or designee’s written response response, including the reasons for the decision.
C. . ! Step 3--If III—If the grievant Association is not satisfied with the disposition of the grievance at Step 2II, the Association may submit the grievance to final and binding arbitration conducted by through the American Arbitration Association or Federal Mediation and Conciliation Service(“AAA”), in accordance with which shall act as the voluntary labor arbitration rulesadministrator of the proceedings. If a demand for arbitration is not filed within thirtytwenty (20) days of the date for the Step II 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 bear 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
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved 's immediate supervisor to resolve problems through free and informal communications. When requested by the employee, an Association M.E.E.A. representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Associationemployee, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the a. STEP I - The employee or the Association shall may present the grievance in writing to the immediately involved supervisor involvedwithin twenty school days of the occurrence which precipitated the grievance, or within twenty school days of when the Association became aware of the occurrence which precipitated the grievance. The article and clause alleged A meeting may be required to have been violated and discuss the remedy sought should be specified. This supervisor shall arrange for a meeting to take place within ten (10) days after receipt specific details or merits of the grievance. Such a meeting would include the M.E.E.A. representative, the grievant, and the immediately involved supervisor. Within ten (10) 2 days of this meeting, if held, or within five days of receipt of the meetingwritten grievance, the grievant and the Association M.E.E.A. shall be provided with the supervisor’s 's written response, including the reasons for the decision, where pertinent and appropriate.
B. Step 2--If b. STEP II - If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 1I, then the employee may refer the grievance may be referred to the superintendent or the superintendent’s 's official designee within five (5) 15 days after receipt of the Step 1 I answer. The superintendent shall arrange with the grievant and the Association M.E.E.A. representative for a meeting to take place within ten (10) 5 days of the superintendent’s 's receipt of appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within 5 days of the meeting, the employee shall be provided with the superintendent's written response, including the reasons for the decision, where pertinent and appropriate.
c. STEP III - If the grievance is not resolved in Step I and II, then the employee may refer the grievance to the Board within 15 days after receipt of the Step II answer. The Board shall arrange with the M.E.E.A. representative for a meeting within 5 days of the Board'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) 5 days of the meeting, the grievant and Association employee shall be provided with the superintendent’s Board's written response response, including the reasons for the decision, where pertinent and appropriate.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 1 contract
Samples: Professional Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications10. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution Step 1. Within ten (10) school days of the grievance. If, however, the informal process fails to satisfy the employee or the Association, time a grievance may be processed as follows:
A. Step 1--Within arises, or within ten (10) school days of when the alleged violation grievance should reasonably have become known, the employee or the Association shall faculty member will present the grievance in writing to his/her immediate supervisor. If the grievance is related to classroom or departmental problems, it shall be presented to his/her division leader. If it is related to coaching duties, it shall be presented to his/her athletic director. All other grievances shall be presented to the supervisor involvedbuilding principal. The article Free and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place within ten (10) days after receipt of the grievanceinformal communications are encouraged. Within ten (10) school days after the presentation of the meetinggrievance, the supervisor shall give his/her answer orally to the griever. At the request of the griever, a written answer shall be provided. At the request of the grieved, the griever shall submit a “Statement of Grievance.”
11. Step 2. If the grievance is not resolved in Step 1, the grievant and or the Association shall be provided with the supervisor’s written responserepresentative may, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition within ten (10) school days of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with answer (written or oral), submit to the grievant and building principal, or if the Association representative for grievance is a meeting to take place within ten (10) days District issue, the Assistant Superintendent of Human Resources a written “Statement of Grievance” signed by the superintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessaryemployee. Within ten (10) school days of the meetingreceipt of the Step 2 grievance, the building principal/Assistant Superintendent of Human Resources shall hold a Step 2 grievance conference. Within ten (10) school days of the Step 2 grievance conference, the building principal/Assistant Superintendent of Human Resources shall issue a Step 2 grievance answer.
12. Step 3. If the grievance is not resolved in Step 2, the grievant and or the Association may, within fifteen (15) school days of the Step 2 grievance conference, submit a Step 3 grievance statement 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 be provided with hold a Step 3 grievance conference. Within ten (10) school days of the superintendent’s written response including Step 3 grievance conference, the reasons for the decisionSuperintendent shall issue a Step 3 grievance answer.
C. 13. Step 3--If the grievant is not satisfied with the 4. If a satisfactory disposition of the grievance at is not made as a result of the conference provided for in Step 23 above, either the Board or the Association may submit shall have the grievance right to appeal the dispute to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation under and Conciliation Service, in accordance with the voluntary labor arbitration rulesVoluntary Labor Arbitration Rules of the American Arbitration Association. If Such appeal must be taken within thirty (30) days from the date of the conference provided for in Step 3 above unless a demand for arbitration longer time is not filed within thirtyjointly agreed upon between the parties.
Appears in 1 contract
Samples: Professional Negotiation Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee a teacher and the employee’s his or her immediately involved supervisor to resolve problems through free and informal communications. When requested An attempt shall be made by the employee, grievant to resolve any grievance by means of an Association representative may accompany informal verbal communication between the employee to assist in the informal resolution of the grievancegrievant and his or her immediately involved supervisor. If, however, the informal process fails to satisfy the employee or the Associationgrievant, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when A: If the alleged violation should reasonably have become knowngrievance is not resolved informally, then the employee or the Association grievant shall present the grievance in writing to the supervisor involvedimmediately involved supervisor. The grievance shall specify the article and clause alleged to have been violated and shall state the remedy sought 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 be specifiedhave become aware, whichever is later. This 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 aggrieved may refer the grievance to the 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 ten (10) days after of his receipt of the grievanceappeal. Within ten (10) days of after the meeting, meeting the grievant and the Association shall be provided with the supervisor’s Superintendents written response, including which includes the reasons reason for the his/her decision.
B. Step 2--If the grievant . request for a hearing is not satisfied with the disposition filed within thirty (30) days of the grievance at date of the Step 1(B) answer, then the grievance may shall be referred 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 superintendent other party.
2. The arbitrator, in his opinion, shall not amend, modify, nullify, ignore, or add to the superintendent’s official designee within five (5) days after receipt 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 Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to take place within ten (10) days meaning or application of the superintendent’s receipt express relevant language of the appealAgreement
3. Each party shall have bear the right to include in full costs for its representation counselors as it deems necessaryin the grievance procedure.
4. Within ten (10) days Each party shall share equally the cost of the meetingarbitrator 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 grievant and Association costs of the two transcripts shall be provided with divided equally between the superintendent’s written response including Board and the reasons for the decisionAssociation.
C. Step 3--If 5. If the grievant is Association or any employee files a complaint or suit in a court of competent jurisdiction, the school district shall not satisfied with be required to process the disposition claim or set of facts through the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyprocedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. In the event that a member of the faculty has a grievance, the following steps will be followed without bypass:
Step 1: The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor faculty member will try to resolve problems that problem through free and informal communicationsdiscussion with the building principal. When requested by the employeeteacher, an Association representative a building grievance person may accompany the employee teacher to assist in the informal resolution of the grievance. IfWhen requested by the building principal, however, another administrator may accompany the principal to assist in the informal process resolution of the grievance.
Step 2: If informal Step One fails to satisfy the employee or teacher, within twenty working days the Association, a grievance teacher may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present the grievance in writing to the supervisor involvedbuilding principal, who will arrange for a meeting to take place. The article and clause alleged to have been violated building grievance person, the grievant, 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 remedy sought should complainant will be specified. This supervisor provided with the principal's written response, including reasons for the decision.
Step 3: Within ten working days of the Step Two answer, and if the grievance is not resolved at Step Two, the JTO grievance representative may refer the grievance to the Superintendent, who shall arrange for a meeting to take place within ten (10) days after receipt of the grievance. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to take place within ten (10) days of the superintendent’s his receipt of the appeal. Each party shall have the right to include in its representation representation, such witnesses and counselors as it deems necessary. Within ten five (105) days of the meetingworking days, the grievant JTO grievance representative, the grievant, and Association the principal shall be provided with the superintendent’s Superintendent's written response response, including the reasons for the decision.
C. Step 3--If 4: Within fifteen (15) working days of receipt of the grievant Superintendent's Step Three answer, and if the grievance is still not resolved, the grievance may be referred to the 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, and the principal shall be provided with the Board's written response, including reasons for the decision.
Step 5: If the Association is not satisfied with the disposition of the grievance at Step 2Four, within thirty (30) days the Association may submit the grievance to final and binding arbitration conducted by under the Voluntary Labor Arbitration Rules of the American Arbitration Association Association, which shall act as the administrator of the proceedings.
1. Neither the Board nor the JTO shall be permitted to assert any grounds or Federal Mediation 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 Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyAAA shall be divided equally between the Board and the JTO.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor STEP 1: Every effort shall be made to resolve problems grievances through free and informal communicationscommunication between the grievant and his/her immediate administrative supervisor. When requested by the employeeHowever, if such informal processes fail to provide an Association representative may accompany the employee acceptable adjustment to assist in the informal resolution of the grievance, grievant may proceed to STEP 2. IfSTEP 2: The grievant, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or at his/her request the Association shall present the grievance in writing on his/her behalf, may submit an executed Grievance Review request form to the grievant’s immediate administrative supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor who shall arrange for a meeting to take place within ten seven (107) days after receipt of the form. The grievant, his/her immediate supervisor, and 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. Within ten (10) days of the meeting, The supervisor shall provide the grievant and the Association with a written response to the Grievance Review within seven (7) calendar days after the meeting. 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/her behalf, may refer the grievance to the Superintendent no later than ten (10) calendar days after receiving it’s written response in Step 2. The Superintendent shall be provided arrange to meet with the supervisor’s grievant and with representative(s) of the Association unless the Association waives its right to have representative(s) attend the meeting, within ten (10) calendar days after the grievance has been referred to him/her. Both the Superintendent and the grievant may have others present who might contribute to an acceptable adjustment if the grievance. The Superintendent shall provide his written response, including decision concerning the reasons for grievance and any adjustment of it to the decisiongrievant and the Association within ten (10) calendar days after the meeting.
B. Step 2--If 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 the his/her grievance at Step 1, STEP 3; or if the Superintendent has not provided a written decision within the time prescribed in STEP 3; then the grievance grievant, or his/her requested Association acting on his/her behalf, may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange request a meeting with the grievant and the Association representative Board. IF a request for a meeting with the Board is not delivered to take place the Superintendent within thirty (30) calendar days after the meeting prescribed in STEP 3 is held, the grievance shall be deemed withdrawn. The Board or hearing officer appointed by it shall meet within ten (10) calendar days of the superintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) days of the meeting, after a written request for meeting with the grievant and Association shall be provided and/or with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyrepresentative(s) of
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for An employee shall first make an employee and the employee’s immediately involved supervisor effort to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may informally. If a grievance cannot be resolved through informal discussion with an immediate supervisor, department chairperson, or Xxxx, it shall be processed as follows:, except that a grievance based upon a recommendation for discharge shall be handled pursuant to Section 4.1(D) below.
A. Step 1--Within . Within ten (10) school days of when the alleged violation event giving rise to the grievance or after the employee reasonably should reasonably have become knownknown of the event giving rise to the grievance, the aggrieved employee (or the Association Union with the employee’s express permission) may submit a written grievance to the Xxxx or administrative designee in the employee’s chain of command, with a copy to the Director of the Office of Employee & Labor Relations or designee and the Union. This Xxxx or administrative designee shall present schedule a meeting with the employee to be held within ten (10) days of receipt of the written grievance, but this meeting may be waived by mutual agreement in writing between the Union and Management. The Xxxx or administrative designee shall submit a written answer to the aggrieved employee 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 Director of the Office of Employee & Labor Relations or designee and the Union.
Step 2. In the event the grievance in writing to is not satisfactorily adjusted at Step 1, the supervisor involved. The article and clause alleged to have been violated and aggrieved employee (or the remedy sought should be specified. This supervisor shall arrange for a meeting to take place Union, with the employee’s express permission), within ten (10) days after receipt of the grievance. Within ten (10) days Step 1 answer, may submit a written appeal of the meetingStep 1 answer to the Vice President and Xxxxxxx in the employee’s chain of command, or his or her designee, with a copy to the grievant Director of the Office of Employee & Labor Relations or designee and the Association Union. The Vice President and Xxxxxxx, or designee, shall be provided schedule a meeting with the supervisor’s written responseaggrieved employee, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition and representative of the grievance at Step 1union, then the grievance may to be referred to the superintendent or the superintendent’s official designee within five held not more than fourteen (514) days after receipt of the Step 1 answer2 appeal. The superintendent Vice President and Xxxxxxx, or designee, shall arrange submit a written answer to the aggrieved employee within fourteen (14) days after the Step 2 meeting, with a copy to the Director of the Office of Employee & Labor Relations or designee and the Union.
Step 3. In the event that the grievance is not satisfactorily adjusted at Step 2, the aggrieved employee (or the Union, with the grievant and the Association representative for a meeting to take place employee’s express permission), within ten (10) days of the superintendent’s after receipt of the Step 2 answer, may submit a written grievance appeal to the Senior Vice President for Academic Affairs, or designee, with a copy to the Director of the Office of Employee & Labor Relations or designee and the Union. The Senior Vice President, or designee, shall schedule a meeting with the aggrieved employee, and representative of the union, to be held not later than fourteen (14) days after receipt of the Step 3 appeal. Each party The Senior Vice President, or designee, shall have submit a written answer to the right to include in its representation counselors as it deems necessary. Within ten aggrieved employee within fourteen (1014) days of the after such meeting, with a copy to the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decisionUnion.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee Informal Step Formal Step
1) All formal grievances shall be 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 employee’s immediately involved supervisor place where the alleged events or conditions giving rise to resolve problems through free the grievance took place, and informal communications. When requested a general statement of the nature of the grievance and the relief sought by the employee, an Association representative may accompany the employee to assist grievant.
2) All formal decisions shall be rendered in the informal resolution writing at each step of the grievance. IfGrievance Procedure, howeverexcept the Informal Step, the informal process fails and copies of answers shall be submitted to satisfy the employee or the Association, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place within ten (10) days after receipt of the grievance. Within ten (10) days of the meeting, the grievant and the Association his/her Union Representative.
3) The time limits specified herein may be waived at any step by mutual Agreement for both Parties. Any such waiver shall be provided with the supervisor’s written response, including the reasons for the decisionreduced to writing and signed or initialed by both Parties.
B. Step 2--If 4) Failure on the grievant is not satisfied with the disposition part of the grievance at Step 1, then Township to answer grievances within the specified time limits will permit the grievance may be referred to advance to the superintendent next step.
5) Grievances not filed at the 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 interpretation or application of this Labor Agreement including disciplinary actions, shall reduce said grievance to writing as provided herein and submit the superintendent’s official designee same within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to take place said occurrence or within ten five (105) days of the superintendent’s receipt date the Employee gains knowledge of the appealoccurrence of said grievance to the Fire Chief or his/her designee. Each party The Fire Chief or his/her designee shall have schedule a meeting with the right to include in its representation counselors as it deems necessary. Within ten Employee and his/her Union Representative within five (105) days from the date the Fire Chief or his/her designee is informed in writing of the grievance. Following this meeting, the grievant and Association Fire Chief or his/her designee shall be provided with have five (5) days to answer said grievance in writing. If the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant grievance is not satisfied with the disposition of satisfactorily resolved within Step One (1), the grievance at shall proceed to Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyTwo
Appears in 1 contract
Samples: Labor Agreement
Procedures. The parties hereto acknowledge that 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 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 is usually most desirable shall then be submitted to the Fire Chief for an employee adjustment, if requested by either party, the Fire Chief and the employee’s immediately involved supervisor grievant and his/her representative shall meet in an attempt to resolve problems through free the grievance within seven (7) days of the filing of the grievance with the Fire Chief, the Fire Chief shall provide the grievant and informal communicationshis/her representative with a written statement regarding the grievance. When requested Any such appeal shall be considered by the employee, an Association representative may accompany Board of Directors within 60 days of the employee to assist in filing of the informal 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 written grievance to the Board of Directors for adjustment and/or decision. If, howeverIn order to be effective, the informal process fails grievant's appeal to satisfy the employee or the Association, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days Board of when the alleged violation should reasonably have become known, the employee or the Association shall present Directors regarding the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should must be specified. This supervisor shall arrange for a meeting to take place within ten (10) days after receipt of the grievance. Within ten (10) days of the meeting, the grievant and the Association shall be provided filed with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition Board of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within Directors no later than five (5) 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 Step 1 answerFire Chief at the time the grievance is appealed to the Board of Directors. The superintendent shall arrange with Both the grievant and his/her representative and the Association Fire Chief shall be given an opportunity to argue their position on the grievance to the Board of Directors prior to its determination upon the merits of the grievance. The grievant and representative for a meeting to take place and the Fire Chief shall be notified in writing of the Board's decision on the grievance within ten (10) 60 days of the superintendent’s receipt close of the appeal. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) argument, if argument is requested, or 60 days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decisionappeal if no argument is requested.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 1 contract
Samples: Memorandum of Understanding
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor proper chain of command will be followed when trying to resolve problems through free and informal 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 grievanceproblem. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed as follows:
A. Step 1--Within I. The employee or the Association will present the grievance in writing and file it with the Principal within ten (10) school days of when from the alleged violation should reasonably have become known, time that the employee or the Association could reasonably be expected to have become aware of the occurrence of the event. The grievance shall present contain a statement of facts, circumstance, and a suggested remedy. The Principal will meet with the grievance 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 supervisor involvedPrincipal by the employee or the Association. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a A meeting to will take place within ten (10) days after receipt of the grievanceappeal. The Association's representative, the grievant and the Superintendent shall be present at the meeting. Within ten (10) days of the meeting, the grievant and the Association shall will be provided with the supervisor’s Superintendent's written response, response including the reasons reason for the decision.
B. . Step 2--If Ill. If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 1II, then the grievance or the Association may be referred refer the grievance to the superintendent or the superintendent’s official designee Board of Education within five ten (510) days after receipt of the Step 1 II answer. The superintendent shall Board will arrange with the grievant Association representative and the Association representative grievant for a meeting to take place within ten (10) days of the superintendent’s receipt of the appealunresolved grievance. 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 grievant Association and Association shall the grievances will be provided with the superintendent’s Board's written response response, including the reasons reason for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s his/her immediately involved supervisor to resolve problems through free and informal communicationscommunications held outside the employee's work day. When requested by the employee, an Association a Union representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the AssociationUnion, a grievance may be processed within 30 days of the incident giving rise to the grievance as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall The grievant may present the grievance in writing listing the desired resolution to the grievance to the immediately involved supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall who will arrange for a meeting to take place within ten six (106) days after of the receipt of the grievance. The Union’s representative, the grievant, and the immediately involved supervisor shall be present at the meeting. Within ten six (106) days of following the meeting, the grievant and the Association Union shall be provided with the supervisor’s 's written response, response including the reasons reason(s) for the decisiondecision or the grievant may proceed to the next step.
B. Step 2--If If the grievance is not resolved at step "A", then the grievant is not satisfied with may refer the disposition written grievance listing the desired resolution of the grievance at Step 1, then the grievance may be referred to the superintendent building principal or the superintendent’s his official designee within five six (56) days after receipt of the Step 1 step "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 superintendent principal shall arrange with the grievant and the Association Union representative for a meeting to take place within ten six (106) days of the superintendent’s principal's receipt of the appealgrievance. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten six (106) days of the meeting, the grievant and Association the Union shall be provided with the superintendent’s principal's written response response, including the reasons reason(s) for the decision, or the grievant may proceed to the next step.
C. Step 3--If If the grievance is not resolved at step "B", then the grievant may refer the written grievance listing the desired resolution of the grievance, to the Assistant Superintendent of Human Resources or his/her official designee within six (6) days after receipt of the step "B" answer, or within six (6) days after the answer should have been received; the grievance shall be deemed withdrawn if it is not submitted to the Assistant Superintendent of Human Resources within said six (6) day period. The Assistant Superintendent of Human Resources shall arrange with the grievant and the Union representative for a meeting to take place within six (6) days of the Assistant Superintendent of Human Resources’ receipt of the grievance. Each party shall 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 the Union shall be provided with the Assistant Superintendent of Human Resources’ written response, including reason(s) for the decision or the grievant may proceed to the next step.
D. If the union or grievant is not satisfied with the disposition of the grievance at Step 2step "C", the Association grievance may submit the grievance be submitted to final and binding arbitration conducted by under the Voluntary Labor Arbitration Rules of the American Arbitration Association or Federal Mediation and Conciliation ServiceAssociation, in accordance with which shall act as the voluntary labor arbitration rulesadministrator of the proceedings. If a demand for arbitration is not filed within thirtythirty (30) days of receipt of the step "C" answer, or within 30 days after the answer 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 arbitrator shall have no power to alter the terms of the Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to Board may resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the AssociationHowever, a grievance may shall be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall 1 - The grievant may present the grievance in writing to the immediately involved supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall or appropriate designee, who will arrange for a meeting to take place within ten five (105) days after receipt of the grievance. The grievance must specify the details involved pertaining to the alleged grievance, the contract sections allegedly violated, and the requested remedies. The grievance shall be filed within five (5) days following the occurrence of the event, giving rise to it or of the date when such could reasonably be ascertained to have occurred. The Association's representative, the grievant, and the immediately involved supervisor may be present for the meeting. Within ten five (105) days of the meeting, the grievant and the Association shall be provided with the supervisor’s 's written response, including the reasons for the decision.
B. Step 2--If 2 - If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 1, then the grievance Association may be referred refer therievance to the superintendent Superintendent or the superintendent’s Superintendent's official designee within five (5) days after receipt of the Step 1 answer. The superintendent Superintendent shall arrange arrange, with the grievant and the Association representative representative, for a meeting to take place within ten five (105) days of the superintendent’s Superintendent 's receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten five (105) days of the meeting, the grievant and Association shall be provided with the superintendent’s Superintendent's written response response, including the reasons for the decision.
C. Step 3--If 3 - If the grievant Association is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rulesarbitration. If a demand for arbitration is not filed within thirtyfifteen (15) days of the date of the Step 2 answer, then the grievance shall be deemed withdrawn. The demand shall be submitted to the American Arbitration Association, which shall act as the administrator of the proceedings.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee educator and the employee’s his/her immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee If such informal processes fail to assist in the informal resolution of resolve the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed resolved as follows:
A. Step 1--Within ten . STEP ONE - The grievance shall be presented within fourteen (1014) school days of the event complained of or of the date when the alleged violation should grievant might reasonably have become known, the employee or the Association shall present the grievance in writing to the supervisor involvedknown of such event. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall will arrange for a meeting to take place within ten eight (10) 8) days after following receipt of the grievance. Within The written grievance should state the nature of the grievance, should note the specific clause or clauses of the agreement allegedly violated, and should state the remedy requested. The aggrieved educator, an Association representative and the immediately involved supervisor shall be present for the meeting. The Supervisor shall provide a written answer with reasons to the aggrieved educator, the Association and the Superintendent within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decisiondays.
B. Step 2--If . STEP TWO - If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step #1, then the educator shall refer the grievance may be referred to the superintendent or the superintendent’s official designee Superintendent within five six (56) days after receipt of the Step #1 answeranswer or within eight (8) days after the Step #1 meeting, whichever is the later. The superintendent Superintendent shall arrange for a meeting with the grievant educator and the Association representative for a meeting to take place within five (5) days of his receipt of the appeal. The Superintendent shall file an answer within ten (10) days of the superintendent’s Step #2 grievance meeting and communicate it in writing to the educator, the principal, and the Association.
3. STEP THREE - If the grievance is not resolved at Step #2, then the educator shall refer the grievance to the School Board within six (6) days after receipt of the Step #2 answer. The School Board shall arrange for a meeting with the educator and the Association representative to take place within thirty (30) days of receipt of the appeal. Each party The School Board shall have the right to include in its representation counselors as it deems necessary. Within file an answer within ten (10) days of the meetingStep #3 grievance meeting and communicate it in writing to the educator, the grievant Superintendent, and Association shall be provided with the superintendent’s written response including the reasons for the decisionAssociation.
C. Step 3--If 4. STEP FOUR - If the grievant grievance is not satisfied with resolved satisfactorily to the disposition educator and the Association within thirty (30) days after receipt of the grievance at written reply from Step 2, #3 the Association may submit in writing a request to enter into binding arbitration. The American Arbitration Association will be requested to provide a panel of arbitrators.
a. The Arbitrator, in his opinion, shall not amend, modify, nullify, ignore or add to the grievance provisions of the Agreement. His authority shall be strictly limited to final deciding only the issue or issues presented to him in writing by the School Board and binding 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.
b. Expenses for the Arbitrator's services and the expenses which are common to both parties to the arbitration conducted shall be borne equally by the Board and the Association. Each party to an arbitration proceeding shall be responsible for compensating its own representatives and witnesses.
c. 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.
d. The parties shall jointly request the American Arbitration Association or Association, the Federal Mediation and Conciliation ServiceService or the Illinois Education Labor Relations Board to submit to them a list of five (5) arbitrator's names and qualifications. Either party may reject one list in its entirety and request that another list be submitted. From such a list, in accordance the party initially requesting the arbitration shall strike two names and the other party shall then strike two names. The person whose name remains shall be the arbitrator. The arbitrator selected shall be jointly notified of his selection and requested to contact the parties with the voluntary labor arbitration rules. If respect to setting up a demand time for arbitration is not filed within thirtya hearing.
Appears in 1 contract
Samples: Professional Negotiation Agreement
Procedures. The parties hereto acknowledge that A. Step One: An employee with a complaint shall attempt to resolve the problem informally between the employee and his principal or immediate supervisor. If the complaint is not resolved informally it is usually most desirable for shall be reduced to writing by the employee who shall submit it to the principal or immediate supervisor. If an employee and does not submit his grievance to the employee’s immediately involved supervisor principal in writing within thirty (30) working days after the facts upon which the grievance is based first occur, or first become known to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, howeverteacher, the informal process fails to satisfy the employee or the Association, a grievance may will be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present the grievance in writing to the supervisor involveddeemed waived. The article and clause alleged to have been violated and the remedy sought should be specified. This immediate supervisor shall or principal will arrange for a meeting conference to take place within ten three (103) working days after receipt of the grievance. The grievant will be present for the conference and may have Association representation if he desires. Within five (5) working days following the conference, the supervisor will provide the grievant with a written answer to the grievance.
B. Step Two: If the grievance is not settled in Step One and the employee wishes to appeal the grievance to Step Two, the employee may file the grievance in writing to the Superintendent of Schools within ten (10) working days after receipt of the meeting, the grievant and the Association shall be provided with the principal's or supervisor’s written responseanswer. This shall be done by submitting a copy of the original grievance complaint along with an indication in writing of reasons why the grievant does not believe the written decision of the principal or immediate supervisor is adequate. The Superintendent or his designee shall arrange for a hearing with the grievant to take place within five (5) working days of his receipt of the appeal. The grievant may have Association representation if he desires. The Superintendent or his designee shall provide a written decision no later than ten (10) working days after receipt of the written grievance. If the Superintendent is also the principal or immediate supervisor who heard the grievance at Step One, including the reasons for appeal at Step Two shall be made to the decisionBoard of Review consisting of two members of the School Board.
B. C. Step 2--If Three: If the grievant is not satisfied with the disposition decision at Step Two (2) or if no decision has been rendered within fifteen (15) working days following the filing of the grievance at Step 1appeal, then the grievant may request that the Association submit the grievance may be referred to mediation. The Association will notify the superintendent or the superintendent’s official designee District of its intent to proceed to mediation within five fifteen (515) working days after following receipt of the decision made at Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessaryTwo. Within ten (10) working days of such notification the meetingAssociation shall request a list of mediators from a mediation/arbitration organization selected by mutual agreement of the parties. The mediator shall be mutually selected from a list provided by the Federal Mediation & Conciliation Service, the grievant American Arbitration Association, or another agency as mutually agreed. The parties shall separately rank and Association strike the names of mediators on the list and return their list to the appropriate agency for final mediation selection. Hearings shall be provided conducted in accordance with the superintendent’s written response including rules of the reasons for agency that was selected. The mediator selected will confer with representatives of the decisiondistrict and the Association and hold a hearing promptly and will issue his finding of fact, reasoning and conclusions on the issue submitted in writing not later than twenty (20) working days from the date of the close of the hearings. Nothing in the Agreement shall prevent the Board and the Association from mutually agreeing on another method of mediation.
C. D. Step 3--If Four: If the grievant is not satisfied with the disposition decision at Step Three (3) or if no decision has been rendered within fifteen (15) working days following the filing of the grievance at Step 2appeal, the grievant may request that the Association may submit the grievance to final and binding arbitration. The Association will notify the District of its intent to proceed to arbitration conducted by within fifteen (15) working days following receipt of the decision made at Step Three. Within five (5) working days of such notification the Association shall request a list of arbitrators from the Federal Mediation & Conciliation Service or the American Arbitration Association Association, or other agency as agreed. The mediator or arbitrator shall be selected from a list provided by a mutually agreed service, e.g. Federal Mediation & Conciliation Service or the American Arbitration Association. The parties shall separately rank and Conciliation Service, strike the names of arbitrator selection. Hearings shall be conducted in accordance with the voluntary labor arbitration rulesrules of the agency that was selected. The arbitrator selected will confer with representatives of the district and the Association and hold hearing promptly and will issue his finding of fact, reasoning and conclusions on the issue submitted in writing not later than twenty (20) working days from the date of the close of the hearings. The findings of the arbitrator shall be final and binding on the parties. Nothing in the Agreement shall prevent the Board and the Association from mutually agreeing on another method of arbitration. If a demand the appeal at Step Three is not made to the Board of Review, the appellant may, at appellant's option, elect to appeal the decision made at Step Three to the Board of Review, before request for arbitration is not filed within thirtymade. The time limits set forth in Step Three shall apply to this optional additional appeal step. Thereafter request for arbitration can be made.
Appears in 1 contract
Samples: Contractual Agreement
Procedures. Level 1: Principal or immediate supervisor (Informal). An employee with a grievance shall first discuss the grievance with the principal or immediate supervisor, with the object of resolving the matter informally.
Level 2: Principal or immediate supervisor (Formal). If the grievance cannot be resolved informally, the grievant may file the grievance in writing, with the building principal or immediate supervisor. The parties hereto acknowledge that it is usually most desirable for an employee and written grievance shall state the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution nature of the grievance. If, however, the informal process fails specific provisions of the Agreement allegedly violated, and the relief requested. The filing of the formal, written grievance at level two must be within twenty (20) days from the date of occurrence of the event giving rise to satisfy the employee grievance or from the Association, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of date when the alleged violation should grievant could reasonably have become known, the employee aware of such occurrence. The building principal or the Association immediate supervisor shall present make a decision on the grievance and communicate it in writing to the supervisor involved. The article and clause alleged to have been violated employee and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place Union within ten (10) days after receipt of the grievance, provided at the request of the building principal or immediate supervisor, a meeting shall be held with the grievant to discuss such grievance, in which event the building principal or immediate supervisor shall have additional time to respond. Within Such additional time shall not exceed fifteen (15) days from receipt of the grievance or ten (10) days from the date of the meeting, if held, whichever shall be the lesser. Level 3: In the event a grievance has not been satisfactorily resolved at the second level, the grievant and the Association shall be provided with the supervisor’s written responsemay file, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to take place within ten (10) days of the superintendent’s receipt principal's or immediate supervisor's written decision at the second level, a copy of the appeal. Each party shall have grievance with the right to include in its representation counselors as it deems necessaryExecutive Director of Human Resources or designee. Within seven (7) days after such written grievance is filed, the grievant and the Executive Director of Human Resources or designee shall meet to consider the grievance. The Executive Director of Human Resources or designee shall file an answer within ten (10) days of such meeting and communicate it in writing to the meetingemployee and the Union. Level 4: If the grievance is not resolved satisfactorily at level three, the grievant grievance may be submitted to impartial, binding arbitration. To enter such arbitration, the Union shall submit a written request on behalf of the Union and Association the grieving employee(s) to the Executive Director of Human Resources or designee within thirty (30) days from receipt of the level three answer. The arbitrator shall be provided 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 Public Employment Relations Board shall be requested to provide a panel of at least five (5) arbitrators, from which a selection shall be made in accordance with these practices: The Union shall request a list of five (5) arbitrators from the Public Employment Relations Board. The arbitrator shall be selected by the two parties using an alternating strike-through process, with the superintendent’s written response including first strike-through determined by a coin toss and repeating the reasons process until one arbitrator remains. The costs for the decision.
C. Step 3--If the grievant is not satisfied with the disposition services of the grievance arbitrator, and the cost of the hearing room shall be borne equally by the school district and the Union. Expenses relating to either party's representatives or witnesses, and other expenses incurred by either party in presenting its case shall be borne by each party. A transcript or recording shall be made of the hearing at Step 2the request of either party; however, the Association may submit party requesting the grievance copy of the transcript or recording shall pay for such copy. The arbitrator so selected shall hold hearing(s) unless such hearing(s) are waived, and shall issue her/his decision not later than twenty (20) days from the date of the close of the hearing(s) unless mutually extended by both the District and the Union. The arbitrator, in his/her decision, shall not amend, modify, nullify, ignore or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her, and his/her decision must be based solely and only upon his/her interpretation of the meaning or application of the expressed relevant language of the Agreement. The decision of the arbitrator shall be final and binding arbitration conducted by on the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyparties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. If a teacher or the Association feels that there is a grievance, the teacher or Association Representative shall first discuss the matter with the principal or other appropriate administrator. The parties hereto acknowledge that it is usually most desirable for an employee and teacher shall have the employee’s immediately involved supervisor right to have his/her Association Representative assist him/her in efforts to resolve problems through free and informal communicationsthe problem informally.
1. When requested by Level One - School Principal
a. If the employee, an Association representative may accompany grievant is not satisfied with the employee to assist in outcome of the informal resolution of procedure, he/she may, within thirty (30) days following the grievance. Ifact or conditions on which the grievance is based, howeverpresent his/her claim as a formal grievance to his/her principal or supervisor.
b. The principal or supervisor shall, the informal process fails to satisfy the employee or the Association, a grievance may be processed as follows:
A. Step 1--Within within ten (10) school days of when the alleged violation should reasonably have become knowndays, the employee or the Association shall present the grievance render his/her decision in writing to the supervisor involvedgrievant.
2. Level Two - Superintendent of Schools or Designee
a. If the grievant is not satisfied with the disposition of his/her grievance at Level One, he/she may file his/her written grievance with the Superintendent or Designee within ten (10) days following receipt of the decision at Level One.
b. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place Superintendent or Designee shall, within ten (10) days after receipt of the referral, meet with the grievant and with a representative of the Association’s Grievance Committee for the purpose of resolving the grievance. Within .
c. The Superintendent or Designee shall, within ten (10) days of after the meetinghearing, render his/her decision in writing to the grievant and with a copy to the Association shall be provided with the supervisorAssociation’s written response, including the reasons for the decisionGrievance Committee Chairperson.
B. Step 2--If 3. Level Three - Board of Education
a. If the grievant is not satisfied with the disposition of his/her grievance at Level Two, he/she may file the grievance at Step 1with the Board of Education within ten (10) days following receipt of the Level Two decision.
b. A committee of no less than three members of the Board of Education shall, then the grievance may be referred to the superintendent or the superintendent’s official designee within five ten (510) days after receipt of the Step 1 answer. The superintendent shall arrange appeal, meet with the grievant and with the representatives of the Association representative for a the purpose of reviewing the grievance. The meeting shall be public or private, at the option of the grievant, to take place the extent permitted by law.
c. The Board shall, within ten (10) days after such meeting, render its decision in writing to the grievant with a copy to the Association’s Grievance Chairperson.
4. Level Four – Arbitration Individual teachers shall not have the right to process grievances at Level Four. If a satisfactory disposition of the superintendent’s receipt grievance is not made as a result of the appeal. Each party meeting provided for in Level Three above, the Association shall have the right to include in its representation counselors as it deems necessary. Within ten (10) days of appeal the meeting, the grievant dispute to an impartial arbitrator under and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rulesrules of the American Arbitration Association. If a demand Such appeal must be taken within twenty (20) days from the date of receipt of the decision following the meeting provided for arbitration is not filed within thirtyin Level Three above. Upon filing with the American Arbitration Association, the HEA and the Board may agree to process the case under the Expedited Labor Arbitration Rules.
Appears in 1 contract
Samples: Master Agreement
Procedures. The parties hereto hereby acknowledge that it is usually most desirable for an employee and the employee’s 's immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Associationgrievant, a grievance may be processed as follows:
A. Step 1--Within ten . Within thirty (1030) school days of when the alleged violation should reasonably have become knowndate that the grievant becomes aware of the event giving rise to the grievance, the employee or the Association grievant shall present the grievance in writing to the supervisor involved. The article and clause alleged to Principal stating the nature of the grievance, the provision(s) of the Agreement that have been violated violated, and the remedy sought should be specifiedsought. This supervisor The Principal shall arrange for a meeting to take place within ten (10) days after receipt receiving the written grievance, for the purpose of resolving the grievance. Within ten (10) days of the meeting, the principal shall notify the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the in writing of his/her decision.
B. Step 2--If . If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 1, then the grievant may submit the grievance may be referred to the superintendent or the superintendent’s official designee Superintendent within five ten (510) days after of receipt of the Step 1 answerPrincipal's decision. The superintendent Superintendent shall arrange with the grievant and the Association representative for a meeting to take place within ten (10) days of after receiving the superintendent’s receipt of the appealwritten grievance. 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 Superintendent shall notify the grievant and Association shall be provided with the superintendent’s written response including the reasons for the in writing of his/her decision.
C. 3. If the grievance is not resolved at Step 3--If 2, the grievant may submit it to the Board within ten (10) days of receipt of the Superintendent's decision. At its next meeting following receipt of the written grievance, the Board may hear the grievance, each party to the grievance shall have the right to include in its presentation to the Board such representatives, witnesses, counselors and evidence as it deems necessary. The Board shall notify the grievant in writing of its decision on the grievance not later than ten (10) days after its next meeting following the grievance hearing.
4. If the Association is not satisfied with the disposition of the grievance at Step 23, or the time limits expire without the issuance of the Board's reply, the Association Association, with the approval of the grievant may submit the grievance to final and binding arbitration conducted by through the American Arbitration Association Association, which shall act as administrator of the proceedings. The parties may mutually agree upon another source or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rulesagency to provide an arbitrator. If a demand for arbitration is not filed within thirtythirty (30) days of the receipt of the Step 3 decision, then the grievance shall be deemed withdrawn.
a. The arbitrator, in his opinion, shall not amend, modify, nullify, ignore or add to the provisions of the Agreement. His authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the Board and the Association, and his decision must be based solely upon the express relevant language of the Agreement.
b. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitrator and the AAA or other administrative agency shall be borne equally by the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee a teacher and the employeeteacher’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employeeAssociation, the teacher, or group of teachers an Association representative may accompany the employee to assist in the informal resolution of the any grievance. If, however, the informal process fails to satisfy the employee teacher, or group of teachers or the Association, a grievance may be processed as follows:
A. Step STEP 1--Within ten (10) school days : The teacher, group of when the alleged violation should reasonably have become knownteachers, the employee or the Association shall may present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall immediately involved supervisor, who will arrange for a meeting to take place within ten five (105) days after receipt of the grievance. Such grievance shall be submitted within fifteen (15) days of when such occurrence should reasonably have become known. The Association’s representative, the grievant(s), and the immediately involved supervisor shall be present for the meeting. Within ten (10) days of the meeting, the grievant grievant(s) and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step STEP 2--If : If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 1, then the Association may refer the grievance may be referred to the superintendent Superintendent or the superintendentSuperintendent’s official designee within five ten (510) days after of the receipt of the Step 1 answer. The superintendent Superintendent shall arrange with the grievant and the Association representative for a meeting to take place within ten (10) days of the superintendentSuperintendent’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 grievant and Association shall be provided with the superintendentSuperintendent’s written response response, including the reasons for the decision.
C. Step STEP 3--If : If the grievant Association is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by through the American Arbitration Association or Federal Mediation and Conciliation ServiceAssociation, in accordance with which shall act as the voluntary labor arbitration rulesadministrator of the proceedings. If a demand for arbitration is not filed within thirtythirty (30) days of the date from the Step 2 response, then the grievance shall be deemed withdrawn. Neither the Board nor the Association shall be permitted to assert any grounds or issues before the arbitrator, which were not previously disclosed to the other party. The arbitrator shall have no power to alter the terms of this agreement.
Appears in 1 contract
Samples: Professional Services
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested Step 1 - A written grievance will be submitted by the employeea Teaching Assistant, an Association representative may accompany the employee to assist in 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:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee Special Education Aide or the Association shall present to the appropriate building principal. Where a Teaching Assistant is assigned to more than one school, the grievance will be submitted to the appropriate supervisor. The parties will attempt to resolve the grievance at this level.
Step 2 - If agreement is not reached at Step 1, the grievant will reduce the grievance to writing and submit same to the parties to whom the informal grievance was submitted in Step 1. The writing will include the provision of this Agreement involved, the time when and the place where the alleged events or conditions constituting the grievance arose and the proposed remedy sought. The party to whom the written grievance is submitted will respond in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place within ten (10) five school days after receipt of the grievance. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If 3 - If the grievant is not satisfied with the disposition of the grievance response received at Step 1, then the grievance may be referred to the superintendent 2 or the superintendent’s official designee if no response is received within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meetingschool days, the grievant and Association shall be provided may, within five school days thereafter, submit a copy of his/her written grievance, together with any response received at Step 2, to the superintendent’s written response including Superintendent of Schools. The Superintendent of Schools, or his/her designee, will make a determination in regard to the reasons for grievant within 10 school days. In the decisioncourse of deciding the grievance, the Superintendent of Schools, or his/her designee, may hold meetings or conferences as he deems necessary.
C. Step 3--If 4 - If the grievant is not satisfied with the disposition response received at Step 3, the grievant, may, within five school days, submit a copy of his/her written grievance, together with all responses received at previous Steps, to the Board of Education. The Board of Education will make a determination in regard to the grievance and transmit its written decision thereon to the grievant within 10school days. In the course of deciding the grievance, the Board of Education may hold meetings, conferences or hearings as it deems necessary.
Step 5 - 1. If the grievant is not satisfied with the determination of the grievance at Step 2Board of Education, the Association may submit grievant may, within 10working days after receipt of the grievance determination, seek arbitration pursuant to final and binding arbitration conducted by the Voluntary Labor Arbitration Rules of the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor provisions of the Civil Procedure Law and Rules. The cost of any arbitration rules. If a demand for arbitration is not filed within thirtywill be borne equally by the District and the Association.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in 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:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known. An employee having a grievance may, the employee or the Association shall present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place within ten (10) days after receipt following the occurrence of the event giving rise to the grievance. Within ten (10) days of , present the meetingwritten grievance to the Xxxx, Director or Department Chair setting forth the complete facts on which the grievance is based, the grievant specific provision or provisions allegedly violated, and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answerrelief requested. The superintendent Division of Human Resources shall arrange with the grievant and the Association representative for schedule a meeting to take place between the grievant, the grievant's Xxxxxxx/AFSCME Employee Representative, grievant's supervisor, and any other appropriate individual within ten (10) days of the superintendent’s following receipt of the appealgrievance if no postponement is requested, or receipt of written notice that the grievant wishes to proceed with the Step 1 meeting, if a postponement was previously requested. Each party The grievant shall have the right to include present any evidence in its representation counselors as it deems necessarysupport of the grievance at this meeting. Within If the meeting does not result in resolution of the grievance, the Xxxx, Director or Department Chair will proceed with processing the grievance and issuing a written decision, slating the reasons therefor, to xxxxxxxx's Xxxxxxx/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 issued by the agreed upon date. A copy of the decision shall be sent to the grievant and Association shall to the Local AFSCME President if grievant elected not to be provided represented by AFSCME. In the absence of an agreement to extend the period for issuing the Step I decision, the grievant may proceed to Step 2 if the grievant's Xxxxxxx/AFSCME Employee Representative has not received the written decision by the end of the 10th day following the conclusion of the Step 1 meeting.
B. Step 2.
1. If the grievance is not satisfactorily resolved at Step 1. the grievant may file a written request for review with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition Vice President of Human Resources/designee within ten (10) days following receipt of the Step 1 decision by xxxxxxxx's Xxxxxxx/AFSCME Employee Representative. When the grievance is eligible for initiation at Step 2, the Association may submit grievance form must contain the same information as a grievance filed at Step 1, above. The Vice President of Human Resources/designee and xxxxxxxx's AFSCME Staff Representative, shall 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 xxxxxxxx's Xxxxxxx/AFSCME Staff Representative within ten (10) days following the receipt of the grievance or the conclusion of the meeting. In the absence of an agreement to final and binding arbitration conducted extend the period for issuing the Step 2 decision, AFSCME may proceed to Step 3 if the Xxxxxxx/ AFSCME Staff Representative has not received the written decision by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with end of the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty10th day following the conclusion of the Step 2
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge 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 it is usually most desirable for an employee 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 immediately involved 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 problems through free adjust the grievance in an informal manner. If the grievant is dissatisfied with the outcome of the initial private conference, the grievant must request, in writing, a formal conference with the immediate supervisor, at which time the grievant may be accompanied by a representative from the grievance committee. Every effort should be made to develop an understanding of the facts and informal communicationsissues in order to create a climate which will lead to a solution. When requested by The formal conference shall occur within five (5) days of the employee, an Association representative may accompany the employee to assist in written request or the informal resolution of conference. In the grievance. If, howeverevent that the grievance is not resolved at Xxxxx 0, the informal process fails to satisfy the employee or the Association, a grievance grievant may be processed as follows:
A. Step 1--Within within ten (10) school days of when appeal the alleged violation should reasonably have become known, the employee or the Association shall present the grievance matter in writing to the Superintendent of the District or another administrator from either the Coulee-Xxxxxxxx or Almira District when the grievant’s immediate supervisor involvedis also the Superintendent. The article and clause alleged Superintendent, the Superintendent’s designated representative, or other named administrator shall confer with the grievant in an effort to have meet a satisfactory solution within a reasonable time limit. If the grievance has not been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place resolved within ten (10) days after the grievance was discussed with the Superintendent or the Superintendent’s designee pursuant to Xxxxx 0 above, then the grievant may request a meeting with the Board of Directors for the purpose of presenting the grievance to the Board of Directors of the District. The request for the meeting with the Board of Directors shall be in writing and filed with the Superintendent of the District as Secretary of the Board of Directors. The Board of Directors will, within fifteen (15) days after the receipt of the grievance. Within ten (10) days of the meetingwritten request, confer with the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with days, render a decision to be submitted to the grievant and in writing. In the Association representative for a meeting to take place within ten (10) days of event that the superintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant grievance is not satisfied with settled by the disposition of the grievance at Step 2Board, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed then within thirtyfive
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. 1. The parties hereto acknowledge time elements in the steps may be shortened, extended or waived upon written mutual agreement between the parties.
2. Any grievance which is not appealed within the specified time limits shall be considered withdrawn by the Union. Failure of the Employer to give a written answer within the specified time limit of that step level shall give the appealing party the right to process the grievance to the next step level of the grievance procedure.
3. The employee or the Union must file a grievance in writing within five (5) days of the occurrence on which it is usually most desirable for an employee and the employee’s immediately involved supervisor based or within five (5) days it is reasonable to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy assume that the employee or the Association, Union first became aware of the conditions giving rise to the grievance Step One
a. Any employee having a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when shall discuss the alleged violation should reasonably have become knowngrievance with the immediate supervisor, and then if the grievance is not settled orally, the employee or may request a meeting with the Association shall present Xxxxxxx to discuss the grievance.
b. The Xxxxxxx then may submit the grievance in writing to the immediate supervisor involvedstating the remedy or correction requested, plus the facts upon which the grievance is based and alleged contract violation. The article and clause alleged to have been violated Grievant and the remedy sought should be specified. This supervisor Xxxxxxx shall arrange for a meeting to take place within ten (10) days after receipt of sign the grievance. Within ten (10) days of Step Two
a. The Xxxxxxx shall meet with the meeting, immediate supervisor and the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of to discuss the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after of its written submission to the immediate supervisor.
b. The immediate supervisor shall give his decision in writing relative to the grievance within five (5) days of the meeting with the xxxxxxx and the grievant. Step Three
a. Any appeal of a decision rendered by the immediate supervisor shall be presented to the Superintendent in writing within five (5) days from the date of receipt of the Step 1 answer. answer given by the immediate supervisor, and the Superintendent shall meet with a business representative of the Union at a mutually agreeable time.
b. The superintendent Superintendent shall arrange give his decision in writing relative to the grievance within five (5) days of the date of the meeting with the grievant business representative of the Union. Step Four
a. Any appeal of a decision rendered by the Superintendent shall be presented in writing to a personnel committee of the Board of Education within five (5) days of the date of receipt of the decision rendered by the Superintendent, and the Association Board Committee shall meet with a business representative for of the Union at a meeting mutually agreeable time.
b. The Board Committee shall give its decision in writing relative to take place the grievance within ten (10) days of the superintendent’s receipt date of the appeal. Each party shall have meeting with the right to include in its representation counselors as it deems necessary. Within ten (10) days business representative of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decisionUnion.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an An attempt must be made to resolve any potential grievance in informal discussion between the employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievancehis/her building principal or supervising administrator. If, however, the informal process fails to satisfy the employee or the Associationemployee, a formal grievance may be processed as follows:
A. 1. Provided the employee, their immediate supervisor, and SEIU agree, and the contract provision grieved is not within the purview of the supervisor, Step 1--Within ten (10) school , Step 2 and/or Step 3 of the grievance procedure may be bypassed and the grievance brought directly to the next step.
2. Step 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 when the alleged violation should reasonably have become knownlast 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, whichever is later, In the employee or the Association shall present event the grievance in writing to is the supervisor involvedresult 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 article and clause alleged to have been violated written notification must include items designed by section 2 Content of a Grievance. The member shall notify an SEIU representative of the claim and the remedy sought should be specifiedrepresentative shall participate in all further discussions outlined in this article.
3. This supervisor shall arrange for a meeting to take place within ten Step 2 Within fifteen (1015) days after of receipt of the grievance, the principal or supervising administrator shall submit a written response to the grievant with a copy to the Superintendent and the SEIU Xxxxxxx. Within Should the principal, supervising administrator, or grievant feel further conversations are needed before the written response, such conversations must occur within five (5) days of receipt of the grievance and written response must follow within the fifteen (15) day time limit for submitting the response.
4. Step 3 If the member or SEIU is not satisfied with the disposition of the grievance or if no disposition has been made within fifteen (15) days, the grievance shall be transmitted to the Superintendent and/or designee. Such transmittance shall be within ten (10) days of the meeting, 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 and the Association shall be provided meet with the supervisor’s 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 response, including disposition of the reasons for the decisiongrievance within ten (10) days of such meeting.
B. 5. Step 2--If the grievant is 4 If not satisfied with the disposition of the grievance at Step 13, then the Association may submit the grievance may be referred to the superintendent or the superintendent’s official designee within Board of Education, such to be filed no later than five (5) days after receipt following the written decision of the Step 1 answerSuperintendent and/or designee. The superintendent appeal may be in writing or by way of an oral hearing, as SEIU may request, and if the latter, shall arrange with be closed unless otherwise mutually agreed and shall be before the grievant and full Board of a committee thereof as the Association representative for a meeting to take place Board shall designate. Any such hearing shall be scheduled within ten (10) days of the superintendent’s receipt date of filing of the appealgrievance at Step 4. Each party The Board shall communicate its decision in writing to the aggrieved member and the SEIU Xxxxxxx within five (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 include in its representation counselors as it deems necessary. Within ten (10) days of appear at the meetingBoard hearing, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decisionlegal counsel may also appear.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. Step 1: The parties hereto acknowledge agree that it is usually most desirable for an employee and the employee’s immediately involved supervisor Supervisor should attempt to resolve problems through free and informal communications. When requested by communications and that every effort will be made to arrive at a solution in this manner.
Step 2: If the employee, an Association representative may accompany the employee to assist problem is not resolved in the informal resolution of the grievance. If, howeverStep 1, the informal process fails to satisfy Association, shall within fifteen (15) days from the date when the employee or Association knew or should have known about the Associationallegation, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present the grievance in writing to the supervisor involvedimmediately involved supervisor. The article and clause alleged grievance shall set forth the nature of the occurrence, the specific provisions of the Agreement claimed to have been violated and the remedy sought should be specifiedrequested. This The supervisor shall will arrange for a meeting to take place within ten seven (107) days after of receipt of the grievance. The Association’s representative, the employee and the immediately involved supervisor, shall be present for the meeting. Within ten seven (107) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 3: If the grievance is not resolved at Step 2--If , the grievant Association may refer the grievance to the Superintendent or the Superintendent’s official designee within seven (7) days of receipt of the Step 2 answer. The Superintendent shall arrange, with the Association representative, for a meeting to take place within seven (7) days of the Superintendent’s receipt of the appeal. Within seven (7) days of the meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for the decision.
Step 4: If the grievance is not resolved in Step 3, the Association may request a hearing of the Board within seven (7) days of receipt of the Superintendent’s response. The Board shall schedule the hearing within ten (10) days of the Board’s receipt of the appeal. Within seven (7) days of the meeting, the Association shall be provided with the Board’s written response, including the reasons for the decision.
Step 5: If the Association is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 24, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rulesarbitration. If a demand for arbitration is not filed with the Employer within thirtyfifteen (15) days of the Association’s receipt of the Board’s written response, the grievance shall be deemed withdrawn. Neither party shall be permitted to assert any grounds or evidence before the Arbitrator which was not previously disclosed to the other party. The demand for arbitration shall be submitted to the Federal Mediation and Conciliation Service (FMCS) which shall act as the administrator of the proceedings.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. 1. The parties hereto acknowledge that number of days indicated at each level may be waived by mutual written consent of the Board representative and the grievant.
2. The following matters will not be the basis of any grievance filed under the procedure outlined in this Article:
a. The discharge or non-renewal of a probationary employee.
b. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law.
3. All grievance procedures and investigations by the Association will be processed during times which do not interfere with assigned duties.
4. Any individual employee at any time may present grievances to his/her employer and have the grievances adjusted without intervention of the Association representative, if the adjustment is not inconsistent with the terms of the Contract or Agreement then in effect and if the Association representative has not been denied the opportunity to be present in such adjustment.
5. A grievance may be filed by the President of the Association when it is usually most desirable felt that an alleged violation has occurred that affects the Association. This type of grievance will begin at Level Two
6. Back pay adjustment where applicable will be limited to the date the grievance was filed in writing, and to the amount actually lost, with deduction of all sums earned during the back pay period. The Board will have no liability for an any special compensation claims.
7. The sole remedy available to any employee and for any alleged breach of this Agreement or any alleged violation of their rights hereunder will be pursuant to the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. Ifgrievance procedure; provided, however, that nothing contained herein will deprive any employee of any legal right which they presently have, provided that if an Employee elects to pursue any legal or statutory remedy, such election will bar any further or subsequent proceedings for relief under the informal process fails provisions of this article.
8. In the course of investigation of any grievance, representatives of the Association will report to satisfy the employee or principal of the Association, building being visited and state the purpose of the visit immediately upon arrival.
9. Every effort will be made to avoid the involvement of students in all phases of the grievance procedure.
10. The written grievance will be on a grievance may be processed as followsform prepared and supplied by the Board which will provide for the following:
A. Step 1--Within ten (10) school days a. It will be signed and dated by the grievant or grievants;
b. It will be specific;
c. It will contain a synopsis of when the facts giving rise to the alleged violation should reasonably have become known, the employee or the Association shall present the grievance in writing violation;
d. It will be specific as to the supervisor involved. The article and clause Article, Section, or Sub-sections, of the contract alleged to have been violated and violated;
e. It will contain the remedy sought should be specified. This supervisor shall arrange for a meeting to take place within ten (10) days after receipt date of the grievance. Within ten (10) days of alleged violation;
f. It will specify the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decisionrelief requested.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor 1. Level 1 – Conferences - An attempt shall be made to resolve problems through free any grievance in an informal, verbal discussion between the grievant and informal communicationshis, her or their principal. When requested Such request for conference shall be made within seven (7) days after the grievant knew or had reasonable opportunity to know of the occurrence of the events, which gave rise to the alleged grievance.
2. Level 1 – Complaint - If the grievance is not resolved satisfactorily at the Level 1 conference, aggrieved teacher or teachers may file a written grievance with the building principal within fourteen (14) calendar (Neg.16) days after the Level 1 conference. The written grievance shall be presented to the building principal in clear and understandable terms on forms provided by the employeeDistrict and shall set forth the following:
a. Cite the section of the negotiated agreement, an Association representative may accompany which has been allegedly violated, misinterpreted or misapplied.
b. Date of the employee occurrence of the events giving rise to assist the alleged grievance.
c. Specific facts giving rise to the grievance with respect to such section.
d. Statement indicating how the alleged facts, as applied to the specific section of the negotiated agreement, result in the informal resolution alleged violation, misinterpretation or misapplication.
e. Specify the relief requested.
f. Signature of the grievant.
g. Signature and date line for principal acknowledging receipt of written grievance. IfUpon receipt of the written grievance the principal shall arrange a formal individual conference with the aggrieved teacher or teachers within five (5) days, however, and may make such further investigation of the informal process fails matter as he or she determines to satisfy the employee or the Association, be necessary. The principal shall render a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present decision on the grievance and communicate it in writing to the supervisor involvedaggrieved teacher or teachers within five (5) days after the conference.
3. Level 2 – In the event the grievance has not been satisfactorily resolved at Xxxxx 0, the grievant or grievants may file a written appeal to the Superintendent of Schools. The article and clause alleged to have been violated appeal shall include a copy of the original written grievance and the remedy sought should principal's response. It shall be specifieddelivered to the Superintendent of Schools within fourteen (14) calendar (Neg.16) days following the principal's written decision at Level 1. This supervisor The Superintendent shall arrange for a meeting to take place within ten (10) days after receipt of the grievance. Within ten (10) days of the meeting, the grievant and the Association shall be provided conference with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent aggrieved teacher or the superintendent’s official designee teachers within five (5) days after receipt of the Step 1 answerappeal and may make such further investigation of the matter as he or she determines to be necessary. The superintendent Within five (5) days following the appeal hearing the Superintendent shall arrange give a written decision to the grievant, with a copy of the grievant and decision to the Association representative for principal.
4. Level 3 – In the event a meeting grievance has not been satisfactorily resolved at Xxxxx 0, the aggrieved teacher or teachers may file an appeal to take place the Board of Education through the office of the Superintendent. Such appeal shall be filed within ten fourteen (1014) calendar (Neg.16) days of the superintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s Superintendent's written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance decision at Step Level 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyreceived by the
Appears in 1 contract
Samples: Negotiated Agreement
Procedures. The parties hereto acknowledge 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 it 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 any grievance under this Article orally, through an informal discussion between the grievant and his/her immediate supervisor. If requested by the alleged aggrieved employee, a representative may be present at the informal discussion. Grievance shall be presented within five (5) working days of the date of occurrence of the event giving rise to the 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.
STEP 2: If the grievance is usually most desirable for an not resolved informally at the first step, the aggrieved employee shall file the grievance in writing with the Department Head within five (5) working days of the response of the immediate supervisors. The written grievance shall state the nature of the grievance, spelling out the specific clause or clauses of the Agreement which have been allegedly violated, misinterpreted, or misapplied, and shall state the remedy requested, and the date of the alleged violation. Within five (5) working days after the Department Head received the written grievance, a meeting 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 Department Head shall render a written decision to the aggrieved employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employeeUnion, an Association representative may accompany the employee to assist in 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:
A. Step 1--Within within ten (10) school 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 when the alleged violation should reasonably have become knownreceipt of the written decision, to the employee County Conference Board, or the Association shall present their designee. The Board of Supervisors or their designee shall, within fifteen (15) days, respond to the grievance in writing to the supervisor involvedemployee and the Union. The article parties may by mutual Agreement and clause alleged within five (5) days following the receipt of the written appeal to have been violated and the remedy sought should be specified. This supervisor shall arrange for County Conference Board, schedule a meeting to take place discuss the grievance. The County Conference Board or their designee shall respond in writing to the employee and Union, within ten (10) days after receipt 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 was first presented in written form.
STEP 4: Grievances not settled under the preceding steps shall be submitted to binding arbitration, at the written request of the grievanceemployee and Union. Within Requests must be received by the Employer within ten (10) working days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition receipt of the grievance at Step 1, then written response by the grievance may be referred Employer to the superintendent or the superintendent’s official designee within step three. Within five (5) working days from the date of the receipt of the 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 list of five (5) arbitrators. Within seven (7) days after receipt of the Step 1 answerlist 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 superintendent decision of the arbitrator shall arrange 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 part or in whole, the 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 responsible 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 Union may find initially that the grievant employee does not have a grievance and all review by the Union shall cease. The employee and the Association representative for Employer shall be notified immediately. Any employee, not a meeting to take place within ten (10) days member of the superintendent’s receipt of the appeal. Each party Union, shall have the right at any time to include in its representation counselors as it deems necessary. Within ten (10) days present his/her grievance to the Employer for adjustment with or without intervention of the meetingUnion, as long as such adjustment is not inconsistent with the grievant and Association terms of his Agreement. WAGE PLAN - ARTICLE 21
A. The WAGE PLAN for the terms of this Agreement shall be provided with 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 superintendent’s written response including the reasons minimum rate for the decisionposition.
C. Step 3Check--If 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 grievant is not satisfied with the disposition Treasurer of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rulesUnion as provided above. If a demand for arbitration is not filed within thirtyRULES AND REGULATIONS - ARTICLE 22
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) The parties hereto acknowledge that it is usually most desirable for an employee and filing or pendency of any grievance under the employee’s immediately involved supervisor provisions of this Article shall in no way operate to resolve problems through free and informal communications. When requested by impede, delay or interfere with the employeeright of the City to take the action complained of, an Association representative may accompany subject, however to the employee to assist in the informal resolution final disposition of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a .
(B) A grievance may be processed as follows:withdrawn by the grievant at any time at any step of this procedure, provided however, that the same grievance may not be filed a second time by the same party after the grievance has been withdrawn.
A. (C) Grievances shall be presented and adjusted in the following manner.
(1) Step 1--Within
(a) An employee and/or the Association having a grievance may, within ten (10) school days of when the alleged violation should reasonably have become knownoccurrence of the event(s) which gave rise to the grievance, submit it to the Human Resources department. In filing a grievance at Step 1, the employee shall submit a grievance form (Appendix A) to be supplied by the City, setting forth specifically the complete facts and issues on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. If the grievance is not received within the stated time limits, the grievance shall be considered conclusively abandoned.
(b) The Department Head or designee shall have a meeting within ten (10) days of receiving the grievance to discuss the grievance and shall communicate a decision in writing to the employee and to the Association shall present Representative, if any, within ten (10) days following the date of the meeting.
(2) Step 2
(a) If the grievance is not resolved at Step 1, the employee may appeal the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and City Manager via the remedy sought should be specified. This supervisor shall arrange for a meeting to take place Director of Human Resources or designee within ten (10) days after receipt of the decision at Step 1.
(b) The City Manager or designee may have a meeting within ten (10) days of receiving the grievance with the employee and/or Association Representative to discuss the grievance. Within The City Manager or designee shall communicate a decision in writing to the employee, and to the Association Representative within ten (10) days of the meeting.
(3) Step 3
(a) If the grievance is not resolved at Step 2, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of employee may appeal the grievance at Step 1, then the grievance may be referred in writing to the superintendent or City Manager via the superintendent’s official designee Human Resources Director within five ten (510) days after receipt of the decision at Step 1 answer2.
(b) The City Manager or designee shall have a meeting within ten (10) days of receiving the grievance with the employee and/or Association Representative to discuss the grievance. The superintendent City Manager or designee shall arrange with communicate a decision in writing to the grievant employee, and to the Association representative for a meeting to take place Representative within ten (10) days of the superintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately immediate involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in 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:
A. a. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the I – The employee or the Association shall may present the grievance in writing to the supervisor involvedbuilding principal within ten (10) days of the event. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall building principal will arrange for a meeting to take place within ten (10) days after receipt of the grievance. The Association’s representative, the grievant, and the principal shall be present for the meeting. Within ten five (105) days of the meeting, the grievant and the Association shall be provided with the supervisorprincipal’s written response, including the reasons for the decision.
B. b. Step 2--If II – If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 1I, then the grievant or the Association Representative may refer the grievance may be referred to the superintendent Superintendent or the superintendent’s official designee within five his assignee with ten (510) days after the receipt of the Step 1 I answer. The superintendent Superintendent shall arrange with the grievant and or the Association representative for a meeting to take place within ten five (105) days of the superintendentSuperintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessaryrepresentation. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendentSuperintendent’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 response, including the reasons for the decision.
C. c. Step 3--If III – If the grievant association is not satisfied with the disposition of the grievance at Step 2II, the Association may submit the grievance to final and binding arbitration conducted by through the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with which shall act as the voluntary labor arbitration rulesadministrator of the proceedings. If a demand for arbitration is not filed within thirtythirty (30) days of the date for the Step II 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 arbitrator shall have 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
Samples: Collective Bargaining Agreement
Procedures. A. The parties hereto acknowledge that it bargaining unit member will discuss orally with his/her immediate supervisor the alleged grievance.
B. If the grievance is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested not resolved by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, howeveroral discussion, the informal process fails to satisfy the employee unit member or the Association, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present his/her association representative will reduce the grievance in to writing and present it to the immediate supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place 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 shall be presented in writing, signed by the aggrieved party or his/her representative, and presented to 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 designee and shall, within five (5) workdays after the meeting, provide a written answer to the employee with a copy to the Unit President. Any grievance not resolved in Step 2 shall be presented to the Superintendent or designee within three (3) workdays of the receipt of the Step 2 answer. Within ten (10) days workdays after the receipt of the meetinggrievance, the Superintendent or designee shall meet with the grievant or his/her designee and the Association Field Representative. A written answer shall be provided with by the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent Superintendent or the superintendent’s official designee within five (5) days after receipt workdays of the Step 1 answer3 meeting. The superintendent shall arrange with Upon mutual agreement of the grievant Association and the Association representative for a meeting District, any grievance affecting the entire unit or bargaining unit members in more than one building may be filed directly to take place the Superintendent or designee within ten (10) days regular workdays following the occurrence giving rise to the grievance.
A. If the grievance is not resolved in Step 3, the employee with the approval of the superintendent’s Executive Committee of the Association, may, within thirty (30) days from the receipt of the appealStep 3 answer, 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 have 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 that there has been a waiver of the right to include in its representation counselors as it deems necessary. Within ten (10) days of arbitration and the meeting, the grievant and Association matter shall be provided with the superintendent’s written response including the reasons for the decisionclosed.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee STEP ONE - An attempt shall be made to resolve any grievance in informal verbal discussion between the TJA employee(s) covered by this contract and the employee’s immediately involved supervisor Director of Transportation or his/her designee within fifteen (15) working days after the TJA employee(s) covered by this contract has reasonable knowledge of the event giving rise to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. IfManagement will respond to the grievant, howevergrievant representative, the Teamsters within five (5) working days from the date of the initial informal process fails verbal discussion. The Teamsters will receive a written copy of all correspondence relating to satisfy the employee informal grievance decision STEP TWO - If the grievance cannot be resolved satisfactorily at Step One, the grievant or the AssociationTeamsters shall file the grievance, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when in writing, dated and signed by the alleged violation should reasonably have become known, the employee grievant or the Association shall present appropriate Teamster representative with the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place Director of Transportation within ten (10) days after receipt working days. The written grievance must state the nature of the grievance, the specific clause or clauses of the agreement allegedly violated, and the remedy requested. The Director of Transportation shall make a determination and communicate it in writing to the grievant, grievant representative, the Teamsters and the 47/155 Superintendent(s) or their designees within ten (10) working days. There shall be no expansion of the grievance after this step. In the event that any material information relating directly to this grievance becomes known after this step, it may be submitted as additional information in succeeding steps. STEP THREE - In the event the grievance has not been satisfactorily resolved in Step Two, the grievant, grievant representative or the Teamsters shall file a copy of the grievance within ten (10) working days with the administrative district's Superintendent. Within ten (10) working days after such written grievance is filed, the grievant, representative of the meetinggrievant if desired, the grievant Director of Transportation, and the Association administrative district's Superintendent or designee, shall be provided with meet to resolve the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answergrievance. The superintendent administrative district's Superintendent or designee shall arrange with the grievant and the Association representative for a meeting to take place file an answer within ten (10) working days of the superintendent’s third step meeting and communicate it in writing to the grievant, the Director of Transportation and the Teamsters. The TJA Board and/or the school board(s) will also be notified in writing. STEP FOUR - If the grievance is not resolved at Step Three, then the grievant or the Teamsters may refer the grievance to the TJA Advisory Board within ten (10) working days after Step Three to be heard at a formal hearing. The TJA Advisory Board, at the next regularly scheduled meeting, will conduct the formal hearing after receipt of the appealrequest. Each party shall have the right to include in its representation counselors such witnesses and counselors, as it deems necessarynecessary to develop facts pertinent to the grievance. Within Upon conclusion of the formal hearing, the TJA Advisory Board shall have ten (10) working days of the meetingin which to provide a written decision, with reasons, to the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If Teamsters. STEP FIVE - If the grievant or the Teamsters is not satisfied with the disposition of the grievance at in Step 2Four, the Association grievant, or the Teamsters may submit the grievance to final and binding arbitration conducted by through the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with (AAA) which shall act as administrator of the voluntary labor arbitration rulesproceedings. If a demand for arbitration is not filed within thirtyfifteen (15) working days of the date of the Step Four answer, the grievance shall be deemed withdrawn with prejudice. By mutual agreement any decision by an arbitrator shall not alter any terms of this agreement.
Appears in 1 contract
Samples: Transportation Agreement
Procedures. The parties hereto acknowledge that A. Step One: An employee with a complaint shall attempt to resolve the problem informally between the employee and his principal or immediate supervisor. If the complaint is not resolved informally it is usually most desirable for shall be reduced to writing by the employee who shall submit it to the principal or immediate supervisor. If an employee and does not submit his grievance to the employee’s immediately involved supervisor principal in writing within thirty (30) working days after the facts upon which the grievance is based first occur, or first become known to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, howeverteacher, the informal process fails to satisfy the employee or the Association, a grievance may will be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present the grievance in writing to the supervisor involveddeemed waived. The article and clause alleged to have been violated and the remedy sought should be specified. This immediate supervisor shall or principal will arrange for a meeting conference to take place within ten three (103) working days after receipt of the grievance. The grievant will be present for the conference and may have Association representation if he desires. Within ten (10) working days of following the meetingconference, the supervisor will provide the grievant and with a written answer to the Association shall be provided with the supervisor’s written response, including the reasons for the decisiongrievance.
B. Step 2--If Two: If the grievance is not settled in Step One and the employee wishes to appeal the grievance to Step Two, the employee may file the grievance in writing to the Superintendent of Schools within ten (10) working days after receipt of the principal's or supervisor’s written answer. This shall be done by submitting a copy of the original grievance complaint along with an indication in writing of reasons why the grievant does not believe the written decision of the principal or immediate supervisor is adequate. The Superintendent or his designee shall arrange for a hearing with the grievant to take place within five (5) working days of his receipt of the appeal. The grievant may have Association representation if he desires. The Superintendent or his designee shall provide a written decision no later than ten (10) working days after receipt of the written grievance. If the Superintendent is also the principal or immediate supervisor who heard the grievance at Step One, the appeal at Step Two shall be made to the Board of Review consisting of two members of the School Board.
C. Step Three: If the grievant is not satisfied with the disposition decision at Step Two (2) or if no decision has been rendered within fifteen (15) working days following the filing of the grievance at Step 1appeal, then the grievant may request that the Association submit the grievance may be referred to mediation. The Association will notify the superintendent or the superintendent’s official designee District of its intent to proceed to mediation within five fifteen (515) working days after following receipt of the decision made at Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessaryTwo. Within ten (10) working days of such notification the meetingAssociation shall request a list of mediators from a mediation/arbitration organization selected by mutual agreement of the parties. The mediator shall be mutually selected from a list provided by the Federal Mediation & Conciliation Service, the grievant American Arbitration Association, or another agency as mutually agreed. The parties shall separately rank and Association strike the names of mediators on the list and return their list to the appropriate agency for final mediation selection. Hearings shall be provided conducted in accordance with the superintendent’s written response including rules of the reasons for agency that was selected. The mediator selected will confer with representatives of the decisiondistrict and the Association and hold a hearing promptly and will issue his finding of fact, reasoning and conclusions on the issue submitted in writing not later than twenty (20) working days from the date of the close of the hearings. Nothing in the Agreement shall prevent the Board and the Association from mutually agreeing on another method of mediation.
C. D. Step 3--If Four: If the grievant is not satisfied with the disposition decision at Step Three (3) or if no decision has been rendered within fifteen (15) working days following the filing of the grievance at Step 2appeal, the grievant may request that the Association may submit the grievance to final and binding arbitration. The Association will notify the District of its intent to proceed to arbitration conducted by within fifteen (15) working days following receipt of the decision made at Step Three. Within five (5) working days of such notification the Association shall request a list of arbitrators from the Federal Mediation & Conciliation Service or the American Arbitration Association Association, or other agency as agreed. The mediator or arbitrator shall be selected from a list provided by a mutually agreed service, e.g. Federal Mediation & Conciliation Service or the American Arbitration Association. The parties shall separately rank and Conciliation Service, strike the names of arbitrator selection. Hearings shall be conducted in accordance with the voluntary labor arbitration rulesrules of the agency that was selected. The arbitrator selected will confer with representatives of the district and the Association and hold hearing promptly and will issue his finding of fact, reasoning and conclusions on the issue submitted in writing not later than twenty (20) working days from the date of the close of the hearings. The findings of the arbitrator shall be final and binding on the parties. Nothing in the Agreement shall prevent the Board and the Association from mutually agreeing on another method of arbitration. If a demand the appeal at Step Three is not made to the Board of Review, the appellant may, at xxxxxxxxx's option, elect to appeal the decision made at Step Three to the Board of Review, before request for arbitration is not filed within thirtymade. The time limits set forth in Step Three shall apply to this optional additional appeal step. Thereafter request for arbitration can be made.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge agree that it is usually most desirable for problems to be resolved between the employee and his/her immediate supervisor, and nothing herein shall prevent an employee and the employee’s immediately involved from taking up any claimed grievance with his/her immediate supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution before formal filing of the said grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed as follows:.
A. Step 1--Within ten One Within thirty (1030) school days of when the date an alleged violation should reasonably have become knowngrievance occurs, the employee or the Association shall grievant must present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall immediately involved administrator (Step One Grievance Form located in Appendix 16), who will arrange for a meeting to take place within four (4) days after receipt of the grievance. Said administrator shall provide the grievant and the Association with a written answer to the grievance together with the reasons for the decision within four (4) days after the meeting (Step One Grievance Form-back located in Appendix 16B).
B. Step Two If the grievance is not settled at Step One, then the grievance may be referred in writing to the Superintendent or his/her designee within ten (10) days after the grievant’s receipt of the administrator’s answer at Step One, (Step Two Grievance Form located in Appendix 17). The written grievance shall give a clear and concise statement of the alleged grievance, including the facts on which the grievance is based, 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 for a meeting with the grievant to take place within seven (7) days of receipt of the appeal. 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, the Superintendent or designee will have seven (7) days to provide a written decision, together with the reasons for the decision to the Association and grievant, (Step Two Grievance Form - back located in Appendix 17B).
C. Step Three – Binding Arbitration If the grievance is not settled at Step Two, the grievant may, within ten (10) days after receipt of the grievance. Within ten (10) days of the meetingSuperintendent’s or designee’s answer to Step Two, the grievant and request in writing that the Association shall be provided with the supervisor’s submit his/her grievance to arbitration (Step Two Grievance Form – back). The Association may, by written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred notice to the superintendent or the superintendent’s official designee Superintendent within five seven (57) days after receipt of the request from the employee, submit the grievance to binding arbitration (Step 1 answerThree Grievance Form located in Appendix 18). The superintendent Arbitration shall arrange be conducted in accordance with provisions which follow:
1. Selection of Arbiter by Agreement In regard to each case that reaches arbitration, the grievant parties will attempt to agree on an arbiter to hear and decide the Association representative for a meeting particular case. If the parties are unable to take place agree to an arbiter within ten (10) days after submission of the superintendent’s receipt written request for arbitration, the provisions of “2” below (Selection of the appealArbiter by American Arbitration Association) shall apply to the selection of an arbiter.
2. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) days Selection of the meetingArbiter by American Arbitration Association In the event an arbiter is not agreed upon as provided in “1” above, the grievant and Association parties shall jointly request the services of the American Arbitration Association. The arbiter shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted selected by the American Arbitration Association or Federal Mediation and Conciliation Servicein 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 voluntary labor 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 rulesproceedings any evidence which change the issues submitted at Step Two. 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 determined by an arbiter in accordance with the rules and procedures of the American Arbitration Association.
2. The arbiter shall 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 a 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 demand for arbitration is not filed within thirtycopy, that party will pay one-half (1/2) of the stenographic costs.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor Every effort shall be made to resolve problems grievances, or potential grievances, through free and informal communicationscommunications between the grievant and his/her immediate administrative supervisor. When requested by the employeeHowever, if such informal processes fail to provide an Association representative may accompany the employee to assist in the informal resolution acceptable adjustment of the grievance. If, however, then the informal process fails to satisfy the employee or the Association, a grievance may be processed as follows:
A. a. Step 1--Within ten I: The grievant, or at his/her request the Association on his/her behalf, may submit an executed Grievance Review Form to the grievant's immediate administrative supervisor within twenty (1020) school days of when after the alleged violation should reasonably have become known, the employee or the Association shall present the grievance in writing act first became known to the supervisor involvedgrievant. The article and clause alleged to have been violated and the remedy sought should be specified. This immediate supervisor shall then arrange for a meeting to take place within ten four (104) days after receipt of the form. The grievant, his/her immediate administrative supervisor and a representative of the Association, 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. Within ten (10) days of the meeting, The supervisor shall provide the grievant and the Association shall be provided with a written response to the supervisor’s written response, including Grievance Review Request within two (2) days after the reasons for the decisionmeeting.
B. b. Step 2--If II: If the grievant grievance is not satisfied with adjusted at Step I to the disposition satisfaction of the grievance at Step 1grievant, then the grievant, or the Association (acting on his behalf) may refer the grievance may be referred to the superintendent or within six (6) days after receipt of the superintendent’s official designee answer prescribed in Step I. The superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the organization waives its right to have representatives attend the meeting, within five (5) days after receipt the grievance has been referred. Both the superintendent and the grievant may have present others who might contribute to an acceptable adjustment of the Step 1 answergrievance. The superintendent shall arrange with provide a written decision concerning the grievant grievance and the Association representative for a meeting to take place any adjustment on it within ten four (104) days of the superintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) days of after the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirty
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and 17.2.1 Before filing a formal, written grievance, the employee’s immediately involved supervisor grievant should attempt to resolve problems through free and the grievance by an informal communicationsconference with his/her immediate supervisor. When requested by The grievant may choose to have a representative of the employee, an Association representative may accompany the employee to assist in present at the informal resolution hearing.
17.2.2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems, which may from time to time arise affecting the welfare or working conditions of unit members. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed as follows:procedure.
A. Step 1--Within ten 17.2.3 Level I
3.1 Within twenty (1020) school duty days of when the alleged violation grievant knew or reasonably should reasonably have become knownknown of the act or omission which gave rise to the grievance, the employee or the Association shall grievant must present the such grievance in writing to the supervisor involvedimmediate supervisor. The article and clause alleged to have been violated grievance shall consist of a clear, concise statement of the problem, the provision of the Agreement involved, and the specific remedy sought should be specifiedsought. This The immediate supervisor shall arrange for a meeting to take place meet with the aggrieved party and/or designated Association representative within ten three (103) duty days after of receipt of the grievance. Within ten (10) days The immediate supervisor shall provide a written disposition of the meeting, the grievant and the Association shall be provided with the supervisor’s written responsegrievance, including the reasons for the decisiontherefore, to all parties of interest within two (2) duty days of such meeting.
B. Step 2--If 17.2.4 Level II
17.2.4.1 If the grievant is not satisfied with the disposition decision at Level I, or if no decision is given within the time limit, within three (3) duty days after receipt of the grievance at Step 1Level I response, then the grievance grievant may be referred appeal the decision in writing to the superintendent Superintendent or Superintendent's designee with a copy simultaneously provided to the superintendent’s official Association President.
17.2.4.1.1 The Superintendent or Superintendent's designee shall communicate in writing, with a copy simultaneously provided to the Association President, a decision within three (3) duty days after receipt of the appeal.
17.2.4.2 Within the above time limit (17.2.4.1), either party may request and receive a personal conference with the other party.
17.2.5 Level III
17.2.5.1 If not satisfied with the decision at Level II, or if no decision is given within the time limit, the grievant, within five (5) duty days after the receipt of the Step 1 answerLevel II response, may request in writing that the Association submit the grievance to Advisory Arbitration. The superintendent shall arrange with Association, by written notice to the grievant and the Association representative for a meeting to take place Superintendent within ten fifteen (1015) duty days of the superintendent’s receipt Level II response, may submit a grievance to an Advisory Arbitrator who shall be selected by mutual agreement. If no agreement can be reached within five (5) duty days of the appealnotice, the parties shall request of the American Arbitration Association a list of five (5) names of persons experienced in hearing grievances. Each party shall alternatively strike a name until only one name remains. Lot shall determine the order of strike.
17.2.5.1.1 In each dispute, the arbitrator shall, as soon as possible, hear evidence and render a decision on the issue(s) so submitted. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issue(s) by referring to the written grievance and the answers thereto at each step. After the hearing, and after both parties have been given the right opportunity to include in its representation counselors as it deems necessarymake written arguments, the arbitrator shall submit the findings and recommendations which shall be advisory to the parties. Within ten (10) days The arbitrator will have no power to add to, subtract from, or modify the terms of the meetingAgreement or the written policies, rules, regulations.
17.2.5.1.2 The fees and expenses of the grievant arbitrator and Association each hearing shall be provided with borne equally by the superintendent’s written response including District and the reasons Association. All other expenses, except for released time for the decisiongrievant(s), Association representative(s) and witnesses, will be borne by the party incurring them.
C. Step 3--If the grievant is not satisfied with the disposition 17.2.5.1.3 If any question arises of the grievance at Step 2arbitrability of the grievance, the Association may submit the grievance to final and binding arbitration conducted such questions will be ruled upon by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with same arbitrator only after he/she has had an opportunity to hear the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtymerits of the grievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor a. First step: An attempt shall be made to resolve problems through free any grievance in informal, verbal discussion between the grievant(s) and informal communicationshis/her immediate superior.
b. Second step: If the grievance cannot be resolved informally, the grievant(s) shall file the grievance in writing with the administrator(s). When requested by The administrator(s) shall meet with the employee, an Association representative may accompany the employee to assist in the informal resolution grievant(s) within four (4) days after receipt of the grievance. IfThe administrator(s),who have authority to make a decision on the grievance, howevershall make such decision and communicate it in writing, with reasons, to the grievant(s) and the Superintendent within six (6) days after the meeting.
c. Third step: In the event a grievance has not been satisfactorily resolved at the second step, the informal process fails to satisfy grievant(s) shall file a copy of the employee or grievance with the Association, a grievance may be processed as follows:
A. Step 1--Within Superintendent within ten (10) school days of when the alleged violation should reasonably have become knownwritten decision or answer at the second step. Within four (4) days after such written grievance has been received, the employee aggrieved, representative of the aggrieved, the principal and the Superintendent, or a designee, shall meet to resolve the grievance. Within six (6) days of the third step grievance meeting, the Superintendent, or his designee, shall make a decision and communicate it in writing, with reasons, to the grievant(s), the administrator(s) and the Association.
d. Fourth step: If the grievant(s) is not satisfied with the decision at the third step, the grievant(s) may appeal to the Board within ten (10) days after having received the written decision of the Superintendent. The appeal shall be in writing, citing all of the pertinent information, with one copy sent to the Board through the Superintendent . At its next meeting, the Board shall hear the grievance and shall render its decision within three (3) days after the hearing and shall communicate it, with reasons, in writing through the Superintendent's office to the grievant(s) and the Association shall present .
e. Fifth step: If the grievance is not settled in writing to accordance with the supervisor involved. The article and clause alleged to have been violated and foregoing procedure, the remedy sought should be specified. This supervisor shall arrange for a meeting to take place Association, but not the teacher, may refer the grievance, within ten (10) days after receipt of the grievance. Within ten (10) days Board's answer in Step 4, to binding arbitration under the Voluntary Labor Arbitration Rules of the meetingAmerican Arbitration Association, which shall act as the administrator of the proceedings. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement or any applicable policy. He/she shall consider only the specific issues submitted in writing, and shall have no authority to decide any issue which was not submitted to him/her. The arbitrator shall be without power to make a decision contrary to, inconsistent with, or modifying or varying in any way, the grievant applicable laws and rules and regulations having the Association force and effect of law. The arbitrator's decision shall be provided with based solely upon his/her interpretation of the supervisor’s written response, including meaning or application of the reasons for specific terms of this Agreement involved as applied to the decision.
B. Step 2--If the grievant is not satisfied with the disposition facts of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt presented. Charges of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rulesfees of the arbitrator shall be divided equally between the Board and the Association. If a demand for arbitration is not filed within thirtyAll other expenses shall be borne by the party incurring them.
Appears in 1 contract
Samples: Teachers' Agreement
Procedures. 1. The parties hereto acknowledge that it is usually most desirable for an employee a teacher and the employee’s his/her immediately involved supervisor to resolve problems through free and informal communications. When requested An attempt shall be made by the employee, grieving party to resolve any grievance by means of an Association representative may accompany informal verbal communication between the employee to assist in the informal resolution of the grievancegrievant and his/her immediately involved supervisor. If, however, the informal process fails to satisfy the employee or the Associationgrievant, a grievance may be processed as follows:.
A. Step 1--Within ten (10) school days of when 2. If the alleged violation should reasonably have become knowngrievance is not resolved informally, then the employee or the Association grievant shall present the grievance in writing to the supervisor involvedPrincipal or Designee. The grievance shall specify the article and clause alleged to have been violated and shall state the remedy sought sought. The grievance shall be initiated at this step within ten (10) days from the point the grievant becomes aware of the alleged xxxxx-tion, or should be specifiedhave become aware, whichever is later. This supervisor The Principal or Designee shall arrange for a meeting to take place with the grievant within ten (10) days after the receipt of the grievance. The Principal or Designee shall provide a written answer to the grievant within ten (10) days of the receipt of the scheduled meeting.
3. If the grievance is not resolved at Step B, the aggrieved may refer the grievance to the Superintendent or Designee within ten (10) days after the receipt of the Step B answer. The Superintendent or Designee shall
4. arrange for a meeting to take place within ten (10) days after of his/her receipt of the grievanceappeal. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisorSuperintendent’s written response, including the reasons for .
5. Within thirty (30) school days after receiving the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association Union may submit the grievance to final and binding arbitration conducted by under the American Voluntary Labor Arbitration Association or rules of the Federal Mediation and Conciliation Service, in accordance with . Expenses for the voluntary labor arbitration rulesservices shall be borne equally by the School Board and the Union. If a demand The School Board and the Union shall pay for arbitration is not filed within thirtytheir own representation and transcript costs.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. (A) Stage 1
(1) The parties hereto acknowledge that it is usually most desirable for an employee aggrieved party shall orally present the grievance to the immediate administrator who shall orally and informally discuss the employee’s immediately involved supervisor grievance with the aggrieved party. The immediate administrator shall render a determination to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in 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:
A. Step 1--Within aggrieved party within ten (10) school calendar days of when after the alleged violation should reasonably have become knowngrievance has been discussed. If such grievance is not satisfactorily resolved at this stage, the employee or aggrieved party may proceed to Stage 2.
(B) Stage 2
a) Within ten (10) calendar days after a determination has been made at the Association shall present preceding stage, the aggrieved party may submit a grievance in writing to the supervisor involved. Superintendent for review and determination.
b) The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place Superintendent shall, within ten (10) calendar days after receipt of receiving the written appeal, hold a hearing at which the aggrieved party, and/or the aggrieved party's representative, and all parties of interest may be present in an effort to resolve the grievance. Within The Superintendent shall render a written determination on the grievance within ten (10) calendar days of the meetingdate of the hearing.
(C) Stage 3
(1) The aggrieved party may, within ten (10) calendar days of the grievant determination by the Superintendent, make a written request to the Board of Education for review and determination. All written statements and records of the Association case shall be provided with submitted to the supervisor’s President of the Board of Education by the Superintendent. The Board of Education will hold a hearing within twenty (20) calendar days of receiving the written responseappeal to obtain further information regarding the grievance. At this hearing the aggrieved party, including and/or the reasons for aggrieved party's representative, and all parties of interest may be present in an effort to resolve the decisiongrievance. The Board will render a written determination on the grievance within fifteen (15) calendar days after the conclusion of the meeting.
B. Step 2--If (D) Stage 4
(1) If the grievant aggrieved party is not satisfied with the disposition of the grievance at Step 1Stage 3, then the grievance aggrieved party may be referred appeal to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to take place arbitration within ten (10) calendar days of the superintendent’s receipt of the appealStage 3 decisions. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) days The rules and regulations of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation shall govern the selection of the arbitrator and Conciliation Servicethe conduct of the procedures and hearings.
(2) The arbitrator so selected will hear the matter promptly and will issue a decision not later than thirty (30) calendar days from the date the final post-hearing briefs are submitted. The arbitrator's decision will be in writing, and will set forth the finding of facts and the reasons therefore, in accordance detail.
(3) The arbitrator shall be without power or authority to make any decision contrary or inconsistent with applicable law or rules or regulations having the voluntary labor force of law. The arbitrator shall have no power to alter, add to or detract from the provisions of the Agreement.
(4) The Arbitrator's decision shall be final and binding. The election to submit a grievance to arbitration rules. If shall automatically be a demand waiver of all other remedies or forums which otherwise could be available.
(5) The costs for arbitration is not filed within thirtythe services of the arbitrator, including expenses, if any, will be borne equally by the District and the Association.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it A. Within twenty (20) days following occurrence or first knowledge of the act or condition which is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution basis of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place within ten (10) days after receipt of the grievance. Within ten (10) days of the meeting, the grievant may file a grievance under Step One of the procedure, or such grievance shall be deemed to be waived. The Association and the Association Board shall each bear its own expenses in the arbitration proceedings, except that they shall share equally the fee and other expenses of the arbitrator. The grievant and one employee shall be provided with released without loss of pay or benefits as necessary to participate in the supervisor’s written response, including arbitration hearing. Any other employees called upon by the reasons for arbitrator to appear at the decisionarbitration hearing during school hours will be released on the basis of administrative leave.
B. Step 2--If One: A grievant shall first discuss the grievance with her/his principal and/or immediate supervisor, to resolve the matter informally. If the grievant is not satisfied with the disposition of the informal disposition, she/he may file a written grievance at Step 1, then the grievance may be referred to the superintendent with her/his principal or the superintendent’s official designee immediate supervisor within five (5) days after following the informal discussion. The principal or immediate supervisor shall give her/his written decision within five (5) days following receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decisiongrievance.
C. Step 3--If Two: Within five (5) days following receipt of the principal's or immediate supervisor's decision, the grievant is not satisfied with may submit a written appeal to the disposition human resources administrator or her/his designee. The appeal shall include a copy of the grievance decision rendered at Step 2One. Written notice of the time and place of a hearing before the human resources administrator or her/his designee shall be given to the grievant at least three (3) days prior to the hearing, which shall be held within seven (7) days following receipt of the appeal by the human resources administrator or her/his designee. The human resources administrator or her/his designee shall give her/his written decision within five (5) days following the hearing.
D. Step Three: Within five (5) days following receipt of the human resources administrator or her/his designee's decision, the Association grievant may submit a written appeal to the grievance superintendent’s designee. The appeal shall include a copy of the decision rendered at Steps One and Two. Written notice of the time and place of a hearing before the superintendent’s designee shall be given to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtygrievant at least three
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually the most desirable for an employee and the employee’s 's immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in 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:
A. provided below. The filing of the grievance at Step 1--Within ten I or Step II below must be within twenty (1020) school days of when the alleged violation should reasonably have become knowndate 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 be extended by mutual agreement.
1) STEP I - The employee or the Association shall may present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall immediately involved supervisor, who will arrange for a meeting to take place within ten five (105) working days after receipt of the grievance. The Association's representative, the grievant, and the immediately involved supervisor shall be present at the meeting. Within ten five (105) working days of the meeting, the grievant and the Association shall be provided with the supervisor’s 's written response, including the reasons for the decision.
B. Step 2--If ) STEP II - If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 1I, then the Association may refer the grievance may be referred to the superintendent or the superintendent’s official designee Superintendent within five fifteen (515) working days after receipt of the Step 1 I answer. The superintendent Superintendent shall arrange with the grievant and the Association representative for a meeting to take place within ten five (105) working days of the superintendent’s 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 grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyfive
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve problems through free and informal communicationsStep 1. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution Within ten (10) school days of the grievance. If, however, the informal process fails to satisfy the employee or the Association, time a grievance may be processed as follows:
A. Step 1--Within arises, or within ten (10) school days of when the alleged violation grievance should reasonably have become known, the employee or the CHESS Association shall member will present the grievance in writing to the supervisor involvedhis/her immediate supervisor. The article Free and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place within ten (10) days after receipt of the grievanceinformal communications are encouraged. Within ten (10) school days after the presentation of the meetinggrievance, the 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. If the grievance is not resolved in Step 1, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee CHESS Association representative may, within five ten (510) school days after of receipt of the Step 1 answer. The superintendent shall arrange with answer (written or oral), submit to the grievant and building principal, or if the Association representative for grievance is a meeting District issue, to take place within ten (10) days the Director of Human Resources, a written “Statement of Grievance” signed by the superintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessaryemployee. Within ten (10) school days of the meetingreceipt 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 2, the grievant and or the CHESS Association may, within fifteen (15) school days of the Step 2 grievance conference, submit a 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 be provided with hold a Step 3 grievance conference. Within ten (10) school days of the superintendent’s Step 3 grievance conference, the Superintendent shall issue a written response including the reasons for the decisionStep 3 grievance answer.
C. Step 3--If the grievant is not satisfied with the 4. If a satisfactory disposition of the grievance at is not made as a result of the conference provided for in Step 23 above, either the Board or the CHESS Association may submit shall have the grievance right to appeal the dispute to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation under and Conciliation Service, in accordance with the voluntary labor arbitration rulesVoluntary Labor Arbitration Rules of the American Arbitration Association. If Such appeal must be taken within thirty (30) days from the date of the conference provided for in Step 3 above unless a demand for arbitration longer time is not filed within thirtyjointly agreed upon between the parties.
Appears in 1 contract
Samples: Negotiation Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s 's immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative a local association member may accompany the employee to assist in 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:
A. 3.2.1 Step 1--Within 1 - The grievance must be presented in writing to the immediately involved supervisor, within ten (10) school working days of when the alleged violation should reasonably have become known, date of the employee or the Association shall present the grievance in writing event giving rise to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall grievance, who will arrange for a meeting to take place within ten five (105) working days after the receipt of the grievance. The Association's representative (optional), the grievant, and the immediately involved supervisor shall be present for the meeting. Within ten five (105) working days of the meeting, the grievant and the Association shall be provided with the supervisor’s 's written response, including the reasons reason(s) for the decision.
B. 3.2.2 Step 2--If II - If the grievant grievance is not satisfied with resolved at Step I then the disposition of employee, or the Association, may refer the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s 's official designee within five (5) working days after receipt of the Step 1 I answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to take place within ten five (105) working days of the superintendent’s '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 five (105) working days of the meeting, the grievant and Association shall be provided with the superintendent’s 's written response response, including the reasons reason(s) for the decision.
C. 3.2.3 Step 3--If III - If the grievant Association is not satisfied with the disposition of the grievance at Step 2II, the Association may submit the grievance to the Panhandle Community Unit District #2 Board of Education. The Board will have ten (10) calendar days to resolve the grievance.
3.2.4 Step IV - If the Association is not satisfied with disposition of the grievance at Step III, the Association may submit the grievance to final and binding arbitration conducted by under the Voluntary Labor Arbitration Rules of the American Arbitration Association Association. The parties may use AAA, FMCS, or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rulesa mutual selection to determine an arbitrator. If a demand for arbitration is not filed within thirtythirty (30) days of the date for the Step III answer, then the grievance shall be deemed withdrawn.
3.2.4.1 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.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge (a) Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved employee 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.
(b) It is understood that employees shall continue to observe all assignments and applicable rules and regulations of the Board until such grievance has been fully determined.
(c) At all stages of this procedure, copies of responses will be forwarded simultaneously to the Association.
2. Any employee or group and its representative who has a grievance shall discuss it is usually most desirable for first with his/her principal (or immediate supervisor or department head, if applicable) in an employee and the employee’s immediately involved supervisor attempt to resolve problems through free the matter informally at that level. If the subject matter of the grievance involves an act of a Central Administrator, then such grievance shall commence with that Central Administrator and informal communicationsthence to the Superintendent of Schools and/or the Assistant Superintendent of Human Resources and not the Building Principal.
3. When requested by If the employeegrievance is not settled satisfactorily in five (5) school days, an Association representative may accompany the employee it shall be reduced to assist in the informal resolution writing specifying:
a. nature of the grievance
b. nature and extent of injury, loss or inconvenience
c. result of previous discussions, and
d. dissatisfaction with decisions previously rendered The written grievance shall be discussed by the Association Building Representative and the Principal. If, however, the informal process fails The Principal shall communicate his/her decision to satisfy the employee or the Association, a grievance may be processed as follows:
A. Step 1--Within ten in writing within five (105) school days of when receipt of the alleged violation should reasonably have become knownwritten grievance.
(a) The employee, the employee or the Association shall present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for a meeting to take place within ten no later than five (105) school days after receipt of the grievancePrincipal's decision, may appeal the Principal's decision to the Superintendent or the Assistant Superintendent of Human Resources, as the Superintendent's designee, in writing by reciting the matter submitted to the Principal as specified above and the dissatisfaction with the decisions previously rendered. Within ten (10) days The Superintendent or the Assistant Superintendent of Human Resources, as the meetingSuperintendent's designee, the grievant and the Association President shall be provided with attempt to resolve the supervisor’s written response, including matter as quickly as possible but within the reasons for the decision.
B. Step 2--If the grievant is period not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyexceed ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto hereby acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in 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:
A. : ▪ Step 1--Within ten I—Within twenty (1020) school days following the occurrence of when the alleged violation should reasonably have become knownevent giving rise to the grievance, the employee or the Association shall may present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall immediate supervisor, who will arrange for a meeting to take place within ten (10) days after receipt of the grievance. The written grievance shall 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 the Association shall be provided with the immediate supervisor’s written response, including the reasons for the decision.
B. . ▪ Step 2--If II—If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 1I, then the Association may refer the grievance may be referred to the superintendent Superintendent or the superintendentSuperintendent’s official designee within five ten (510) days after the receipt of the Step 1 I answer. The superintendent Superintendent or designee shall arrange with the grievant and the Association representative representatives for a meeting to take place within ten (10) days of the superintendentSuperintendent’s receipt of the appeal. Each party shall have the right to include in its representation counselors such witnesses and internal representatives as it deems necessarynecessary to develop the facts pertinent to the grievance. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendentSuperintendent or designee’s written response response, including the reasons for the decision.
C. . ▪ Step 3--If III—If the grievant Association is not satisfied with the disposition of the grievance at Step 2II, the Association may submit the grievance to final and binding arbitration conducted by through the American Arbitration Association or Federal Mediation and Conciliation Service(“AAA”), in accordance with which shall act as the voluntary labor arbitration rulesadministrator of the proceedings. If a demand for arbitration is not filed within thirtytwenty (20) days of the date for the Step II 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 bear 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
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee School District and the employee’s immediately involved supervisor grievant shall attempt to resolve problems through free and informal communications. When requested by all grievances which arise during the employee, an Association representative may accompany the employee to assist course of employment in the informal resolution 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. If, howeverIn 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 process fails procedures. The parties have 10 working days to satisfy resolve the employee or grievance.
(4) In the Associationevent the grievance is not resolved thereby, a 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 may be processed as follows: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 the School Board are unable to resolve the grievance, the grievant may, within 10 working days, submit the grievance to binding arbitration according to the procedure set forth in P.E.L.R.
A. Step 1--Within ten The grievant must promptly notify the superintendent or School Board chair that the grievance has been submitted to binding arbitration.
(107) school Within 10 working days of when after the alleged violation should reasonably have become knownrequest to arbitrate, the employee or the Association shall present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated grievant and the remedy sought should be specifiedSchool Board shall meet in an attempt to agree upon an arbitrator. This supervisor shall arrange for If no agreement on an arbitrator is reached, either party may, within 10 working days, request the Bureau of Mediation Services to submit a meeting to take place within ten (10) panel of arbitrators. Within 10 days after receipt of the panel, the parties shall alternately strike names, and the remaining name shall be the arbitrator to hear the grievance. Within ten (10) days The order of the meeting, the grievant and the Association shall striking will be provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2--If the grievant is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted determined by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If flip of a demand for arbitration is not filed within thirtycoin.
Appears in 1 contract
Samples: Teacher Master Agreement
Procedures. 1. Step I The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance grievant may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall immediately involved supervisor, who will arrange for a meeting to take place within ten five (105) days after receipt of the grievance. The Association's representative and the immediately involved supervisor may be present for the meeting. Within ten five (105) days of the meeting, the Association and grievant and the Association shall be provided with the supervisor’s 's written response, including the reasons for the decision.
B. 2. Step 2--If II If the grievance is not resolved at Step I, then the Association or the grievant may refer the grievance to the Superintendent in writing within five (5) days after receipt of the Step I answer. The Superintendent shall arrange, with the Association representative, for a meeting to take place within five (5) days of the Superintendent's receipt of the appeal. Within five (5) days of the meeting, the Association and grievant shall be provided with the Superintendent's written response, including the reasons for the decision.
3. Step III If the Association is not satisfied with the disposition of the grievance at Step 1, then the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2II, the Association may submit the grievance to final and binding arbitration conducted by with the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules(AAA). If a demand for arbitration is not filed with the AAA within thirtythirty (30) days of the date of Step II 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 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 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.
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
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that A. Step One: An employee with a complaint shall attempt to resolve the problem informally between the employee and his principal or immediate supervisor. If the complaint is not resolved informally it is usually most desirable for shall be reduced to writing by the employee who shall submit it to the principal or immediate supervisor. If an employee and does not submit his grievance to the employee’s immediately involved supervisor principal in writing within thirty (30) working days after the facts upon which the grievance is based first occur, or first become known to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, howeverteacher, the informal process fails to satisfy the employee or the Association, a grievance may will be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present the grievance in writing to the supervisor involveddeemed waived. The article and clause alleged to have been violated and the remedy sought should be specified. This immediate supervisor shall or principal will arrange for a meeting conference to take place within ten three (103) working days after receipt of the grievance. The grievant will be present for the conference and may have Association representation if he desires. Within ten (10) working days of following the meetingconference, the supervisor will provide the grievant and with a written answer to the Association shall be provided with the supervisor’s written response, including the reasons for the decisiongrievance.
B. Step 2--If Two: If the grievance is not settled in Step One and the employee wishes to appeal the grievance to Step Two, the employee may file the grievance in writing to the Superintendent of Schools within ten (10) working days after receipt of the principal's or supervisor’s written answer. This shall be done by submitting a copy of the original grievance complaint along with an indication in writing of reasons why the grievant does not believe the written decision of the principal or immediate supervisor is adequate. The Superintendent or his designee shall arrange for a hearing with the grievant to take place within five (5) working days of his receipt of the appeal. The grievant may have Association representation if he desires. The Superintendent or his designee shall provide a written decision no later than ten (10) working days after receipt of the written grievance. If the Superintendent is also the principal or immediate supervisor who heard the grievance at Step One, the appeal at Step Two shall be made to the Board of Review consisting of two members of the School Board.
C. Step Three: If the grievant is not satisfied with the disposition decision at Step Two (2) or if no decision has been rendered within fifteen (15) working days following the filing of the grievance at Step 1appeal, then the grievant may request that the Association submit the grievance may be referred to mediation. The Association will notify the superintendent or the superintendent’s official designee District of its intent to proceed to mediation within five fifteen (515) working days after following receipt of the decision made at Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessaryTwo. Within ten (10) working days of such notification the meetingAssociation shall request a list of mediators from a mediation/arbitration organization selected by mutual agreement of the parties. The mediator shall be mutually selected from a list provided by the Federal Mediation & Conciliation Service, the grievant American Arbitration Association, or another agency as mutually agreed. The parties shall separately rank and Association strike the names of mediators on the list and return their list to the appropriate agency for final mediation selection. Hearings shall be provided conducted in accordance with the superintendent’s written response including rules of the reasons for agency that was selected. The mediator selected will confer with representatives of the decisiondistrict and the Association and hold a hearing promptly and will issue his finding of fact, reasoning and conclusions on the issue submitted in writing not later than twenty (20) working days from the date of the close of the hearings. Nothing in the Agreement shall prevent the Board and the Association from mutually agreeing on another method of mediation.
C. D. Step 3--If Four: If the grievant is not satisfied with the disposition decision at Step Three (3) or if no decision has been rendered within fifteen (15) working days following the filing of the grievance at Step 2appeal, the grievant may request that the Association may submit the grievance to final and binding arbitration. The Association will notify the District of its intent to proceed to arbitration conducted by within fifteen (15) working days following receipt of the decision made at Step Three. Within five (5) working days of such notification the Association shall request a list of arbitrators from the Federal Mediation & Conciliation Service or the American Arbitration Association Association, or other agency as agreed. The mediator or arbitrator shall be selected from a list provided by a mutually agreed service, e.g. Federal Mediation & Conciliation Service or the American Arbitration Association. The parties shall separately rank and Conciliation Service, strike the names of arbitrator selection. Hearings shall be conducted in accordance with the voluntary labor arbitration rulesrules of the agency that was selected. The arbitrator selected will confer with representatives of the district and the Association and hold hearing promptly and will issue his finding of fact, reasoning andconclusions on the issue submitted in writing not later than twenty (20) working days from the date of the close of the hearings. The findings of the arbitrator shall be final and binding on the parties. Nothing in the Agreement shall prevent the Board and the Association from mutually agreeing on another method of arbitration. If a demand the appeal at Step Three is not made to the Board of Review, the appellant may, at appellant's option, elect to appeal the decision made at Step Three to the Board of Review, before request for arbitration is not filed within thirtymade. The time limits set forth in Step Three shall apply to this optional additional appeal step. Thereafter request for arbitration can be made.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee a teacher and the employeeteacher’s immediately involved building principal or immediate supervisor to resolve problems through free and informal communications. When requested by Nothing contained herein shall be construed as limiting the employee, right of a teacher having problems to discuss the matter informally and the parties agree every attempt should be made to resolve the problem at an Association representative may accompany informal level prior to initiating the employee to assist in grievance procedure.
Level 1 If the informal resolution of the grievance. If, howeverproblem cannot be resolved informally, the informal process fails grievant shall indicate in writing, to satisfy the employee or the Associationbuilding principal, a grievance may be processed as follows:
A. Step 1--Within ten within fifteen (1015) school days of when the alleged violation should reasonably have become knownof the Agreement, or grievant’s reasonable knowledge of same, but not to extend beyond the employee or first day of the Association shall present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall arrange for next school year, that a meeting to take place written response is requested within ten (10) days. If the problem is not resolved or no written response has been rendered within ten *Note – In instances involving grievances on the Superintendent, the Superintendent will be responsible for the performance of the Level 1 procedure. If the grievance concerning the Superintendent is not resolved at Xxxxx 0, and the grievant wishes to continue with the process, then the Board President or his designee will be responsible for the performance of the Level 2 procedure. Level 2 – If the grievance is not resolved in Level 1, the grievant may refer the grievance to the Superintendent or designee within five (5) days after the receipt of the grievance. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.Level 1
B. Step 2--If Level 3 If the grievant is not satisfied with the disposition of the grievance at Step 1in Level 2, or the time limit expires without the issue of a written reply, then the grievance grievant may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and request the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding expedited arbitration. The arbitration proceedings shall be conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with under the voluntary labor arbitration rulesrules of the American Arbitration Association. If a demand for arbitration is not filed within thirty
A. Neither the Board nor the Association shall be permitted to assert before the Arbitrator any new violation, misrepresentation, or misapplication of the specific terms of this agreement which are not stated in the written grievance or any reference not stated in the written responses to the grievance not disclosed prior to Level 3. Documentary evidence not disclosed to the other party in support of the written grievances or responses thereto prior to Level 3 shall not be received as evidence in the arbitration on that grievance, unless the Board and Association mutually agree otherwise.
B. The arbitrator may recommend any award which the arbitrator judges to be proper to make the grievant whole, but cannot alter the terms of the contract.
C. The fees and expenses of the arbitrator and the cost of a written transcript for the arbitrator shall be divided equally between the Board and the Association, provided, however, that each party shall be responsible for compensating its own representatives and witnesses, and purchasing its own copy of the written transcript.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. 7.3.1 The parties hereto acknowledge that it is usually most desirable for an employee number of Days indicated at each level of this procedure shall be considered maximum and every effort shall be made to expedite the employeeprocess.
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 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.
7.3.4 If the grievant fails to comply with the grievant’s immediately involved supervisor to resolve problems through free time limit requirements, as set forth under any of the procedure’s steps, the grievance shall be considered null and informal communications. When requested 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 employee, an Association representative may accompany parties.
7.3.6 A grievance shall not be considered unless the employee to assist in grievant initiates the informal resolution grievance no later than twenty 20 Days after the grievant knew or reasonably should have known of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become knownthat 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 grievant shall be 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 employee 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 the Association 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 present be submitted in writing at each step of the grievance in writing to the supervisor involved. The article and clause alleged to have been violated procedure and the remedy sought should decision shall be specified. This supervisor shall arrange for a meeting submitted to take place within ten (10) days after receipt of the grievance. Within ten (10) days of the meeting, both the grievant and the Association Union.
7.3.13 Grievances shall be filed on forms provided with by the supervisor’s written response, including the reasons for the decisionCollege – and shall be attached hereto.
B. Step 2--If 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 not satisfied with related to the disposition of the grievance at Step 1, then the grievance.
7.3.15 The parties to a grievance may be referred mutually agree to toll the superintendent or the superintendentprocedure’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to 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 counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decision.
C. Step 3--If the grievant is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, time limits in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtysub-paragraph 7.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee Association member and the employee’s immediately involved supervisor to Administration/Board may resolve problems through free and informal communications. When requested However, 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 grievance procedure may be bypassed. If no written decision has been rendered within the time limits indicated by a step, then the employeegrievance shall be automatically appealed to the next step. STEP ONE: The filing of a formal, an Association representative may accompany written grievance must be within twenty (20) days from the employee date of the occurrence(s) of the event giving rise to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee The Association or the Association, a grievance may be processed as follows:
A. Step 1--Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the Association xxxxxxxx shall present the grievance in writing to the supervisor involved. The article and clause alleged to have been violated and the remedy sought should be specified. This supervisor shall immediately involved supervisor, who will arrange for a meeting to take place within ten (10) days after receipt of the grievance. The grievant and/or the Association's representative and the immediately involved supervisor shall be present for the meeting. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor’s 's written response, including the reasons for the decision.
B. Step 2--If . STEP TWO: If the grievant grievance is not satisfied with the disposition of the grievance resolved at Step 1One, then the Association may refer the grievance may be referred in writing to the superintendent Superintendent or the superintendent’s Superintendent's official designee within five ten (510) days after receipt of the Step 1 One answer. The superintendent Superintendent shall arrange arrange, with the grievant and the Association representative representative, for a meeting to take place within ten (10) days of the superintendent’s Superintendent's receipt of the appeal. Each party shall have the right to include in its representation counselors as it deems necessary. Within ten (10) days of the meeting, the grievant and Association shall be provided with the superintendent’s Superintendent's written response response, including the reasons for the decision.
C. . STEP THREE: If the grievance is not resolved at Step 3--If Two, then the grievant Association may refer the grievance in writing to the Board within ten (10) days after receipt of the Step Two answer. 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 Association is not satisfied with the disposition of the grievance at Step 2Three, the Association may submit the grievance to final and binding arbitration. The Association may submit, in writing, a request on behalf of the Association and the grieving TRS Eligible Licensed Professional member to the Superintendent within thirty (30) days from the receipt of the Step Three answer to enter into such arbitration. The arbitration proceedings shall be conducted by an arbitrator to be selected by the American Arbitration Association or Federal Mediation and Conciliation Service, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed two parties within thirtyten
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s his/her immediately involved supervisor superior to first resolve problems through free and informal communications. When requested by the employee, an Association the building representative may accompany the employee to assist in the informal resolution of the grievanceproblem. If, however, the such informal process fails processes fail to satisfy the employee or the Associationemployee, a grievance may be processed as follows:
A. Step 1--Within ten The grievant (10Association or individual employee) school days of when the alleged violation should reasonably have become known, the employee or the Association shall present the grievance in writing to the supervisor involvedprincipal 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 alleged claim or after the grievant becomes aware of the occurrence. The article and clause alleged to have been violated and the remedy sought should be specified. This principal or immediate supervisor shall will arrange for a meeting to take place within ten (10) school days after receipt of the grievance. Within An Association representative selected by the aggrieved party, if said aggrieved party desires said assistance, the aggrieved party, the immediately involved supervisor and any person whose assistance he/she requests shall be present at the meeting. The principal or immediate supervisor will then, within ten (10) school days of after the meeting, provide the grievant aggrieved party and the Association Superintendent with a written memorandum setting forth the disposition of the grievance. Such memorandum shall be provided with contain reasons upon which the supervisor’s written response, including disposition of the reasons for the decisionmatter was based.
B. Step 2--If If the grievant (Association or individual employee) is not satisfied with the disposition of the grievance at Step 1A(1)), the grievant may then refer the grievance may be referred to the superintendent or the superintendent’s official designee within five (5) days after receipt of the Step 1 answer. The superintendent shall arrange with the grievant and the Association representative for a meeting to take place Superintendent within ten (10) school days of thereafter. The Superintendent shall then arrange for a meeting with the superintendent’s receipt of the appealsame 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 counselors as it deems necessarya counselor if so desired. Within 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 of in which to provide his/her written decision to the meeting, the grievant and Association shall be provided with the superintendent’s written response including the reasons for the decisionaggrieved party.
C. Step 3--If If the grievant (Association or individual employee) is not satisfied with the disposition of the grievance at Step 2B(2), the Association grievant may submit then refer the grievance to final and binding arbitration the Board within thirty (30) days thereafter. The President of the Board shall then arrange for a meeting with the same parties being present at Step B(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 American Arbitration Association or Federal Mediation and Conciliation ServiceBoard. Upon conclusion of the hearing on the grievance, in accordance with the voluntary labor arbitration rules. If a demand for arbitration is not filed within thirtyBoard shall have ten
Appears in 1 contract
Samples: Professional Services