Common use of Procedures Clause in Contracts

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as follows: 1. The employee or the CMA may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) 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 five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 shall be deemed admitted.

Appears in 3 contracts

Samples: Custodial and Maintenance Personnel Agreement, Custodial and Maintenance Personnel Agreement, Custodial and Maintenance Personnel Agreement

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Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to solve resolve problems through free and informal communicationcommunications. AccordinglyWhen requested by the employee, an Association representative may accompany the parties shall attempt employee to informally resolve any grievance herein definedassist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the CMAAssociation, a grievance may be processed as follows: A. Step 1. The --Within ten (10) school days of when the alleged violation should reasonably have become known, the employee or the CMA may Association shall present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days of the incidentinvolved. It must contain the The article and section of the agreement allegedly clause alleged to have been violated and the remedy soughtsought should be specified. The This supervisor will shall arrange for a meeting to take place within five ten (510) work days after receipt of the grievance. The CMA’s representativeWithin ten (10) days of the meeting, the grievant, grievant and the grievant’s supervisor Association shall be present provided with the supervisor’s written response, including the reasons for the meeting. Within 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) work 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 supervisor shall provide the grievant and Association shall be provided with the CMA with a superintendent’s written response including the reasons for the decision. If . C. Step 3--If the supervisor does grievant is not respond within five (5) work days, satisfied with the disposition of the grievance shall be deemed admitted. 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant Association may appeal submit the decision grievance to final and binding arbitration conducted by the American Arbitration Association or Federal Mediation and Conciliation Service, 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 accordance 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 decisionvoluntary labor arbitration rules. If the Associate Superintendent a demand for Human Resources does arbitration is not respond filed within five (5) work days, the grievance shall be deemed admitted.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 solve resolve problems through free and informal communicationcommunications. AccordinglyWhen requested by the employee, a local association member may accompany the parties shall attempt employee to informally resolve any grievance herein definedassist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the CMAAssociation, a grievance may be processed as follows: 1. 3.2.1 Step I - The employee or the CMA may present the grievance which must be presented in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administratorimmediately involved supervisor, within five ten (510) work working days of the incident. It must contain the article and section date of the agreement allegedly violated and event giving rise to the remedy sought. The supervisor grievance, who will arrange for a meeting to take place within five (5) work working days after the receipt of the grievance. The CMA’s representativeAssociation's representative (optional), the grievant, and the grievant’s immediately involved supervisor shall be present for the meeting. Within five (5) work working days after of the meeting, the supervisor shall provide the grievant and the CMA Association shall be provided with a the supervisor's written response response, including the reasons reason(s) for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. 3.2.2 Step II - If the grievance is not resolved at Step 1I, then the CMA and/or employee, or the grievant Association, may appeal refer the decision in writing grievance to the Associate Principal Superintendent or designated administrator the Superintendent's official designee within five (5) work working days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is laterI answer. The Associate Principal or designated administrator Superintendent shall arrange with the CMA Association representative for a meeting to take place within five (5) work working days after of the Superintendent's receipt of this the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within five (5) work working days after this of the meeting, the Associate Principal or designated administrator Association shall provide be provided with the CMA with a Superintendent's written response response, including the reasons reason(s) for the decision. 3.2.3 Step III - If the Association is not satisfied with the disposition of the grievance at Step II, 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 under the Voluntary Labor Arbitration Rules of the American Arbitration Association. The parties may use AAA, FMCS, or a mutual selection to determine an arbitrator. If a demand for arbitration is not filed within thirty (30) calendar days of the Associate Principal or designated administrator does not respond within five (5) work daysdate for the Step III answer, then the grievance shall be deemed admittedwithdrawn. 3. If 3.2.4.1 Neither the grievance is Board of Education nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which has not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing previously been disclosed 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 shall be deemed admittedother 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 his immediately involved supervisor to solve resolve problems through free and informal communicationcommunications. Accordingly, the parties An attempt shall attempt be made to informally resolve any grievance herein definedinformally, through verbal discussion between the complainant and his immediate supervisor or other administrator having direct jurisdiction over the problem. When requested by the employee, a representative may accompany the employee to assist the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the CMAAssociation, a grievance may be processed as follows: Step 1. : The employee or the CMA may Association shall present the grievance which must be in writing on the required form to the grievant’s immediately involved supervisor with [a copy is in Appendix A]. The immediately involved supervisor shall arrange a meeting to the Associate Principal, or designated administrator, take place within five (5) work 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 five (5) days of the incident. It must contain meeting, the article grievant and section the Association shall be provided with the supervisor’s written response on the required form, including the reasons for the decision. Step 2: If the grievance is not resolved to the satisfaction of the agreement allegedly violated and grievant at Step 1, the remedy soughtgrievant may refer the grievance to the Director of Schools within five (5) days after the receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The supervisor will Director shall arrange for a meeting to take place within five (5) work days after davs of the Director’s receipt of the grievanceappeal. The CMA’s representative, Each party shall have the grievant, right to include in its representation such witnesses and the grievant’s supervisor shall be present for the meetingcounselors as it deems necessary. Within five ten (510) work days davs after the meeting, the supervisor grievant shall provide be provided with the grievant and the CMA with a Director’s 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. 2. Step 3: If the grievance is not resolved at Step 12 or the time limits expire without the issuance of the Director’s written reply, then the CMA and/or the grievant may appeal 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 Associate Principal or designated administrator within five (5) work days after receipt 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 1 response 4 or the time limits expire without the issuance of the Board’s written reply, the grievant may submit the grievance to an arbitrator selected from a list provided by the American Arbitration Association (AAA). Adopted by the Claiborne County Board of Education, the arbitration request and arbitrator selection shall comply with the Labor Arbitration Rules of the AAA. The Board and grievant shall share the fees and expenses of arbitration equally. The decision of the arbitrator shall be advisor only, but will be adopted unless specifically rejected by a majority of the total membership of the Board within five thirty (530) work days after of receipt or the Step 1 scheduling of a regular board meeting, whichever is lateroccurs first. The Associate Principal Notification of rejection or designated administrator shall arrange with adoption must be written, stating the CMA representative for a meeting to take place within five (5) work days after date of consideration and the receipt of this appeal. Within five (5) work days after this meeting, the Associate Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt vote 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 shall be deemed admittedBoard.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

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 supervisor every effort shall be made to solve problems through free and expedite the process. 7.3.2 Grievance proceedings shall be kept informal communication. Accordingly, at all levels of this procedure. 7.3.3 If the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process College fails to satisfy the employee or the CMA, a grievance may be processed as follows: 1. The employee or the CMA may present the grievance which must be comply in writing to the grievant’s supervisor or with a copy to the Associate Principal, or designated administrator, within five (5) work days its time limit requirements as set forth under any of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) 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 five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work daysprocedure steps, the grievance shall be deemed admittedconsidered automatically appealed to the next level of the procedure. 2. 7.3.4 If the grievance is not resolved at Step 1grievant fails to comply with the grievant’s time limit or procedural requirements, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt as set forth under any of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with a written response including the reasons for the decision. If the Associate Principal or designated administrator does not respond within five (5) work daysprocedure’s steps, the grievance shall be deemed admittedconsidered null and void. At this point the College shall have no obligation to schedule any grievance meetings or arbitration. 37.3.5 The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties. 7.3.6 A grievance shall not be considered unless the grievant initiates the grievance in writing no later than fifteen (15) days after the grievant knew or reasonably should have known of the action, which 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 the Union (this provision does not authorize representation by any party other than a Union representative) and the charged party may be represented by a person of the 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 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 Union. 7.3.14 Grievances shall be filed on forms approved by the parties. Emails shall be considered “in writing” for the purposes outlined in this Article. 7.3.15 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 and/or Union of any confidentiality right the grievant or the Union may have which is related 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 is not resolved at Step 2time 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, then that party may end the CMA and/or grievant may appeal the decision settlement proceeding by submitting a notification in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt 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 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 time limits that expired prior to the appeal including parties agreement to toll the reasons for the decision. If the Associate Superintendent for Human Resources does not respond within five (5) work days, the grievance shall be deemed admittedtime limits.

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 supervisor to solve problems through free and informal communicationA grievance normally will be processed in accordance with the procedure set forth below. Accordingly, If the parties shall attempt to informally resolve any grievance herein defined. 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 employee or Chancellor’s designee to have the CMAgrievance 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 grievance may be processed as follows: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. 1. a) The employee or employees involved, or a representative of the CMA may present Union acting on their behalf, shall discuss the grievance which must be in writing to with the grievant’s immediate supervisor. The supervisor with a copy to the Associate Principal, or designated administrator, shall respond within five two (52) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy soughtfrom this grievance meeting. The supervisor will arrange for a meeting to take place within five (5Union Xxxxxxx may attend this grievance meeting. b) 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 five (5) work days after the meeting, the supervisor shall provide If either the grievant and or the CMA with a written response including Union elects to appeal the reasons for the supervisor’s decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admittedreduced to writing and submitted to the Director of the Department within seven (7) workdays from the date of the grievance meeting with the immediate supervisor. 2. If c) The Director of the Department, or his or her designee, shall review the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision and typically respond in writing to the Associate Principal grievance 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 designated administrator should otherwise be addressed at a higher level, the Director within five 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 (57) work days workdays after the Director of the Department’s decision is received or due. The appeal shall be directed to the Campus 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. The Campus Chancellor, or his/her/their designee, shall issue the Campus Decision on the grievance, in writing, within seven (7) workdays after receipt of the Step 1 response appeal if no hearing is conducted, or within five twenty-one (521) work days workdays from the close of any hearing which is conducted by the Campus Chancellor, or his designee. If a 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 Step 1 meeting, whichever Campus Decision is laterreceived or due. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with 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 appeal shall be deemed admitteddirected 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 include the shutdowns of kitchens, or extended holiday periods of over three (3. If the grievance ) days. h) A workday is not resolved at Step 2defined as Monday through Friday, then the CMA and/or grievant may 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 shall be deemed admittedexcluding 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 supervisor to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, 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. Step 1. The employee or the CMA may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five Within ten (510) work days of the incident. It must contain event giving rise to the article and section grievance or after the employee reasonably should have known of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting event giving rise to take place within five (5) work days after receipt of the grievance. The CMA’s representative, the grievantaggrieved employee will make an effort to resolve a grievance informally through discussion with an immediate supervisor, and the grievant’s supervisor shall be present for the meeting. Within five (5) work days after the meetingdepartment chairperson, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admittedor Xxxx. Step 2. If In the event that the grievance is not resolved at Step 1, then within ten (10) days of the CMA and/or employee’s discussion with the grievant employee’s immediate supervisor, department chairperson or Xxxx, the aggrieved employee may appeal the decision in writing submit a written grievance to the Associate Principal or designated administrator 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 five ten (510) work days after of receipt of the Step 1 response or written grievance. The Vice President for Human Resources will submit a written answer to the aggrieved employee within five ten (510) work days after the Step 1 of such meeting, whichever is later. The Associate Principal or designated administrator shall arrange with and provide a copy of the CMA representative for a meeting answer to take place within five (5) work days after the receipt of this appeal. Within five (5) work days after this meeting, the Associate Principal or designated administrator shall provide the CMA with 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 admittedUnion. Step 3. If In the event that the grievance is not resolved satisfactorily adjusted at Step 2, then the CMA and/or grievant may appeal aggrieved employee or the decision in writing to the Associate Superintendent for Human ResourcesUnion, within five ten (510) work days after receipt of the Step 2 response answer, may submit a written grievance appeal to the Xxxxxxx, or within five (5) work days after designee, with a copy to the Step 2 meeting, whichever is later. The Associate Superintendent Vice President for Human Resources shall arrange and the Union. The Xxxxxxx, or designee, will schedule a meeting with the CMA aggrieved employee, and representative for a meeting of the Union, to take place within five be held not later than fourteen (514) work days after the receipt of this the Step 3 appeal. Within five The Xxxxxxx, or designee, will submit a written answer to the aggrieved employee within fourteen (514) work days after this such meeting, the Associate Superintendent for Human Resources shall provide the CMA with a written response copy 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 shall be deemed admittedUnion.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it In the event an adjunct faculty member or group of adjunct faculty members believes there is usually most desirable a basis for an employee and supervisor to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as followsgrievance: 1. The employee party or the CMA may present parties involved shall informally discuss the grievance which must be in writing to with the grievant’s supervisor with a copy to the Associate Principal, division xxxx or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) 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 five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitteddesignee. 2. If the grievance is not resolved at Step 1through informal discussion, then the CMA and/or the grievant may appeal invoke the formal grievance procedure by filing a signed written statement of the grievance with the Vice President for Academic Affairs within twenty-one (21) working days of its occurrence (or of the date when the adjunct faculty member or Federation became aware or should reasonably have become aware of the matter). This initiates Grievance Level One. 3. Within ten (10) working days of the filing 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 grievance. The Vice President for Academic Affairs (or designee) shall issue to the grievant and his/her Federation representative a decision in writing on the grievance within ten (10) working days of the grievance meeting. 4. If the Federation is not satisfied with the disposition of the grievance by the Vice President for Academic Affairs (or designee), or if no disposition is made within the time limits in Level One, the Federation shall transmit the grievance to the Associate Principal or designated administrator President by filing a written copy thereof within five ten (510) work working days after from the receipt of the Step 1 response decision (or within five (of the failure to decide) of the Vice President for Academic Affairs. This initiates grievance Level Two. 5) work days after the Step 1 meeting, whichever is later. The Associate Principal President shall have the option to meet (or designated administrator shall arrange designate another college official to meet) with the CMA representative for grievant and his/her Federation representative. The President (or designee) shall issue 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 Principal or designated administrator shall provide the CMA with a written response including the reasons for the decision. If the Associate Principal or designated administrator does not respond within five (5) work days, decision on the grievance shall be deemed admitted. 3within fifteen (15) working days. If the grievance is denied, the President (or designee) shall state the reasons for doing so. 6. If the Federation is not resolved at Step 2satisfied with the disposition of the grievance by the President, then the CMA and/or grievant grievance* may appeal be submitted to arbitration within ten (10) working days from the decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after date of receipt of the Step 2 response 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 within five (5) 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 days after assignments shall be advisory. Decisions of the Step 2 meeting, whichever is laterarbitrator with respect to all other grievances shall be binding. 7. The Associate Superintendent for Human Resources arbitrator shall arrange with submit a written decision within thirty (30) calendar days of the CMA representative for a meeting hearing. The arbitrator shall have no power to take place within five (5) work days after alter, modify, add to or subtract from the receipt 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 appealAgreement. 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 The arbitrator’s fees and expenses shall be deemed admittedshared equally by the Board and the Federation.

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 teacher's immediate supervisor to solve resolve problems through informal and free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein definedcommunications. If, however, the informal process fails to satisfy the employee or the CMAteacher, a grievance may be processed as follows: 1in the following manner and the grievant may be accompanied by a representative of choice. The employee teacher or the CMA may present Association shall file the grievance which must be in writing to with the grievant’s supervisor with a copy to immediate supervisor, who shall certify by signature the Associate Principal, or designated administrator, within five (5) work days date the grievance was received. The written grievance shall state the nature of the incident. It must contain grievance, shall note the article and section specific clause or clauses of the agreement allegedly violated Agreement which are applicable, and shall state the remedy soughtrequested. The supervisor will shall arrange for a meeting to take place with the grievant within five ten (510) work days after receipt of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor shall be present for make a decision on the meeting. Within five (5) work days after the meeting, the supervisor shall provide grievance and communicate it in writing to the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond Superintendent within five (5) work daysdays of the meeting. In the event a grievance has not been satisfactorily resolved at Step One, the grievant or the Association may present the grievance shall be deemed admitted. 2within twenty (20) days to the Superintendent who will follow the same provisions as established in Step One. If the grievance is not satisfactorily resolved at Step 1Two, then the CMA and/or Association, at its discretion, may submit to the Superintendent a written request on behalf of the Association and the grievant may appeal the decision in writing to the Associate Principal or designated administrator enter into binding arbitration. If a demand for binding arbitration is not filed within five twenty (520) work days after of receipt of the Step 1 response or within five (5) work days after the Step 1 meetingTwo decision, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with a written response including the reasons for the decision. If the Associate Principal or designated administrator does not respond within five (5) work days, then the grievance shall be deemed admitted. 3withdrawn. If Arbitration proceedings shall be conducted by an arbitrator to be selected by the grievance is not resolved at Step 2District and the Association from a roster of arbitrators provided by the American Arbitration Association. Within ten (7) days after the Association requests binding arbitration, then the CMA and/or grievant may appeal District and the decision in writing to Association will request the Associate Superintendent for Human Resources, within American Arbitration Association provide a panel of five (5) work days after receipt arbitrators. Each of the Step 2 response or within five (5) work days after two parties will alternately strike one name at a time from the Step 2 meeting, whichever is laterpanel until only one name shall remain. The Associate Superintendent remaining name shall be the arbitrator. Expenses for Human Resources the arbitrator's services shall arrange with be borne equally by the CMA representative for a meeting to take place within five (5) work days after District and the receipt Association. The decision of this appealthe arbitrator shall be final and binding on the parties. Within five (5) work days after this meetingThe arbitrator, the Associate Superintendent for Human Resources in his opinion, shall provide the CMA with a written response not amend, modify, nullify, ignore, or add to the appeal including provisions of the reasons for the decisionAgreement. If the Associate Superintendent for Human Resources does not respond within five (5) work days, the grievance The arbitrator's authority shall be deemed admittedstrictly 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 supervisor to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as follows:A. Step 1. 1. The employee or the CMA may present the grievance which must be in writing to Management Representative shall schedule a meeting between the grievant’s supervisor with a copy to , the Associate Principalgrievant's Xxxxxxx/AFSCME Employee Representative, or designated administratorgrievant's supervisor, and any other appropriate individual within five fifteen (515) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) work days after following receipt of the grievance. The CMA’s representativegrievant shall have the right to present any evidence in support of the grievance at this meeting. If the meeting does not result in resolution of the grievance, the grievantManagement Representative will proceed with processing the grievance and issuing a written decision, and stating the reasons therefore, to the grievant’s supervisor shall be present for 's Xxxxxxx/AFSCME Employee Representative within thirty (30) days following the meeting. Within five (5) work days after conclusion of the meeting, unless an extension has been granted. If an extension was granted, the supervisor decision shall provide 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 CMA with a written response including the reasons for the decisionAFSCME local union president if grievant elected not to be represented by AFSCME. If the supervisor does not respond within five (5) work days, the grievance The decision shall be deemed admittedtransmitted by personal delivery with written documentation of receipt or by certified mail, return receipt requested. 2. Where practicable, the Management 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 is not resolved at Step 1, then the CMA and/or the grievant may appeal file a written request for review with the decision Assistant Vice President of Human Resources or his/her designee, on a Request of Step 1 Decision form, as set forth in writing to the Associate Principal or designated administrator Appendix D of this Agreement, within five fourteen (514) work days after following receipt of the Step 1 response 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 five thirty (530) work days after following the conclusion of the meeting. In the absence of an agreement to extend the period for issuing the Step 1 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, whichever is later. 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 Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with 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 decision shall be deemed admittedtransmitted 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 the agreement to mediate. The costs of the mediation shall be evenly split by the parties. C. Step 3 - Arbitration. 1. If the grievance is not resolved at Step 2, then the CMA and/or grievant or at mediation, AFSCME may appeal the decision in writing to the Associate Superintendent Arbitration on a Request for Human Resources, Arbitration Form within five fourteen (514) work days after receipt of the Step 2 response or decision. The arbitration shall normally be scheduled within forty-five (545) work days after of receipt of the Step 2 meetingNotice of Arbitration form or, whichever is laterif applicable, the conclusion of mediation. 2. The Associate Superintendent University and AFSCME may, by written agreement, submit related grievances for Human Resources shall arrange with hearing before 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 shall be deemed admittedsame arbitrator.

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 his/her immediate supervisor to solve resolve problems through free and informal communicationcommunications. AccordinglyWhen requested by the ParaEducator, an Association representative may accompany the parties shall attempt ParaEducator in order to informally resolve any grievance herein defined. If, however, assist in the informal process fails to satisfy resolution of the employee or grievance. Nothing contained herein shall be construed as limiting the CMA, 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. 1. Level One The employee formal grievance procedure begins when the ParaEducator or the CMA may present Association presents the grievance which must be in writing to the grievant’s supervisor with a copy to Division Chair. The grievance statement must specify the Associate Principal, or designated administrator, within five (5) work days nature of the incident. It must contain the article and grievance, section of the agreement allegedly violated this Agreement which has been violated, and the remedy sought. Such grievance shall be submitted within twenty (20) days of the occurrence or knowledge of the event giving rise to the grievance. The supervisor will shall arrange for a meeting to take place within five (5) work days after receipt of the grievance statement. The 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 CMA’s representative, supervisor shall 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 grievant’s supervisor shall be present for the meeting. Within five Superintendent within three (53) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. Level Two If the grievance is not resolved at Step 1Level One, then or if no decision has been rendered within three (3) days after the CMA and/or meeting at Level One, the grievant or Association may appeal to the decision 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 Associate 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 designated administrator 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) work days after of receipt of the Step 1 grievance. Within three (3) days after such meeting, the Principal shall issue a written decision, including the reasons upon which the decision was based, with copies furnished to the grievant, the Association, and the immediate supervisor. 3. Level Three If the Principal's (or his/her designee’s) response does not resolve the grievance, the grievant shall have five (5) school days in which to appeal in writing to the Superintendent. This appeal shall include copies of all written documents exchanged to the point of the Level Three appeal and a written statement of rationale as to why the Principal's response does not constitute resolution. The Superintendent shall have five (5) school days to schedule a meeting between the grievant and his/her Association representative and the Superintendent (or his/her designee). The Superintendent (or his/her designee) shall have ten (10) school days after the meeting to respond in writing. 4. Level Four Should the grievance still not be resolved at Level Three, the grievant shall have five (5) school days from delivery of the Superintendent's (or his/her designee’s) written response to appeal to the Board. This appeal shall be in writing, addressed to the secretary of the Board of Education and shall include all written documents exchanged through Level Three in addition to a statement of rationale detailing why the Superintendent's (or his/her designee’s) response does not constitute resolution. Within ten (10) school days, the Board of Education (or its designee(s)) will schedule a meeting between the Board (or its designee(s)) and the grievant and grievant's representative to hear argument and gather information from appropriate sources. Within ten (10) school days of the hearing or within five (5) work school days after of the Step 1 meetingnext scheduled Board meeting following the hearing, whichever is later. The Associate Principal or designated administrator 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 Principal Board (or designated administrator its designee(s)) shall provide respond in writing to the CMA with 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 admittedgrievant and Association. 35. If Level Five In the event the grievance is not resolved at Step 2resolved, then the CMA and/or grievant may appeal Association may, on behalf of the decision in writing to the Associate Superintendent for Human Resourcesgrievant, within five fifteen (515) work days after receipt school days, submit the grievance to binding arbitration 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 the working conditions of ParaEducators covered by this Agreement. Each party shall bear 50% of the Step 2 response or within five (5) work days after full cost of arbitration, except that each party shall bear full cost for any transcripts of 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 shall be deemed admittedproceeding it requests.

Appears in 2 contracts

Samples: Negotiated Agreement, Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for A member(s) of the bargaining unit with an employee and supervisor to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a alleged grievance may be processed as followsinitiate the grievance procedure in one (1) of the ways listed at LEVEL I. LEVEL I: 1. He/she may approach the administrator immediately concerned and discuss the matter on his/her own behalf. 2. He/she may request that a representative of the Association accompany him/her in approaching the administrator, and the Association representative may speak on behalf of the grievant if desired. The employee or administrator shall not initiate any consultation with the CMA grievant prior to the scheduled meeting at which the Association representative may present the be present. 3. The above grievance which must need not be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) 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 five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admittedremain confidential. 24. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response informal claim at LEVEL I, the grievant may request the Association Grievance Committee to continue with the grievance. If the committee agrees, the Association becomes the grievant and will continue with the grievance by proceeding to Level II. However, no grievance shall proceed to Level II unless it is an Association grievance. If the committee decides not to proceed with the grievance, the grievance will be withdrawn without prejudice or record. LEVEL II: 1. The grievant shall within five (5) work days after submit copies of the Step 1 meeting, whichever is later. The Associate Principal or designated administrator shall arrange with grievance in writing to the CMA representative for a meeting to take place within five (5) work days after the receipt of this appealimmediate administrator/supervisor. 2. Within five (5) work days after this meetingof the receipt of the grievance, the Associate Principal or designated administrator immediate administrator/supervisor shall provide meet with the CMA with 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 admittedgrievant. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 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 Superintendent. 4. If the grievant is not satisfied with the disposition of the grievance at LEVEL II, the grievant may pursue the grievance further by proceeding to LEVEL III. LEVEL III: 1. The grievant shall within ten (10) days of the disposition at LEVEL II, submit the grievance in writing to the Superintendent or his/her designee. 2. Within ten (10) days of the receipt of the written grievance, the Superintendent or his/her designee shall meet with the grievant. 3. Within ten (10) days of this meeting, the Associate Superintendent for Human Resources superintendent or his/her designee shall provide write a disposition of the CMA with a written response grievance and forward copies to the appeal including grievant (Association), the reasons for grieving employee, and the decisionimmediate administrator/supervisor. 4. If the Associate Superintendent for Human Resources does grievant is not respond within five (5) work dayssatisfied with the disposition of the grievance at LEVEL III, the grievant may pursue the grievance further by proceeding to LEVEL IV. LEVEL IV. 1. The Association shall notify the Superintendent by certified mail, with return receipt requested, within ten (10) days after receipt of the LEVEL III disposition that it intends to submit the grievance to arbitration. 2. Within ten (10) days following the receipt of the written request for arbitration, the superintendent or designee and the Association or representative shall mutually petition the American Arbitration Association (AAA) to provide both parties with a list of seven (7) names from which an arbitrator will be selected by the alternate strike method and notified in accordance with the rules of the AAA. a. A second list of seven (7) names may be requested by either party. b. The toss of a coin shall determine who strikes first. 3. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules and regulations of the AAA. 4. The arbitrator shall hold the necessary hearing promptly and issue a decision within such time as may be agreed upon by the parties involved. 5. The decision shall be deemed admittedin 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 i) An employee and supervisor to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, with a grievance may be processed as follows: 1. The employee or the CMA may present the grievance which must be shall first submit it in writing to his/her Principal within thirty (30) school days of the grievant’s supervisor date he/she knew or should have known of the grievance. The Principal shall meet with a copy to the Associate Principal, or designated administrator, employee within five (5) work working days after receiving the written grievance. ii) If the aggrieved person is not satisfied with the disposition of the incidentgrievance by the Principal, or if no decision has been rendered within five (5) working days after the first meeting, the written grievance may be filed with the Superintendent or designee. It must contain The Superintendent or designee shall meet with the article employee within five (5) working days after receiving the written grievance and section shall communicate his/her decision in writing to the aggrieved person and the Association within five (5) working days after the meeting. If the employee is not satisfied with the disposition of the agreement allegedly violated and grievance by the remedy sought. The supervisor will arrange for a meeting to take place Superintendent or designee, the employee shall notify the Association within five (5) work days after receipt of the grievanceSuperintendent’s or designee’s decision. The CMA’s representative, Association may then file the grievant, grievance in writing with the School Board Communications Committee (SBCC) within ten (10) school days. A meeting between the Grievance Committee and the grievant’s supervisor shall be present for SBCC to examine the meeting. Within five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, facts of the grievance shall be deemed admittedheld within fifteen (15) days after receiving the written grievance. The SBCC will render a written decision within fifteen (15) school days after such meeting. 2iii) If the Association is not satisfied with the disposition of the grievance by the SBCC and 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 grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing parties fail to the Associate Principal or designated administrator agree upon an arbitrator within five fourteen (514) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meetingemployee has requested arbitration, whichever is laterthen either party may apply to the American Arbitration Association for designation of an arbitrator. The Associate Principal 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 designated administrator shall arrange with the CMA representative for a meeting to take place within five (5) work days after the receipt modify any provision of this appeal. Within five Agreement. iv) If either party fails to abide by the provisions of this Section (5XIX) work days after the other party may apply to Merrimack County Superior Court under the provisions of RSA 542 for enforcement of this meetingAgreement. v) The cost of arbitration, the Associate Principal or designated administrator shall provide the CMA with a written response including the reasons for arbitrator's fees and reasonable expenses, shall be borne equally, subject to the decision. If agreement of both parties vi) No reprisals of any kind will be taken by the Associate Principal District or designated administrator does not respond within five (5) work days, the Association against any party of interest or other participant in the grievance shall be deemed admittedprocedure. 3vii) 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 is not resolved at Step 2, then the CMA and/or grievant procedure. viii) A grievance involving a group of employees from different buildings or departments may appeal the decision be submitted in writing by the Association directly 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 shall be deemed admitteddesignee.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor to solve problems through free and informal communication‌ 10. AccordinglyStep 1. Within ten (10) school days of the time a grievance arises, or within ten (10) school days of when the grievance should reasonably have become known, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as follows: 1. The employee or the CMA may faculty member will present the grievance which must to his/her immediate supervisor. If the grievance is related to classroom or departmental problems, it shall be in writing 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 grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five building principal. Free and informal communications are encouraged. Within ten (510) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) work school days after receipt the presentation of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor shall be present for the meeting. Within five (5) work days after the meeting, the supervisor shall provide give his/her answer orally to the grievant and griever. At the CMA with request of the griever, a written response including answer shall be provided. At the reasons for request of the decision. If the supervisor does not respond within five (5) work daysgrieved, the grievance griever shall be deemed admittedsubmit a “Statement of Grievance. 11. Step 2. If the grievance is not resolved at in Step 1, then the CMA and/or the grievant may appeal or the decision in writing to the Associate Principal or designated administrator Association representative may, within five ten (510) work school days after of receipt of the Step 1 response answer (written or within five oral), submit to the building principal, or if the grievance is a District issue, the Assistant Superintendent of Human Resources a written “Statement of Grievance” signed by the employee. Within ten (510) work school days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator shall arrange with the CMA representative for a meeting to take place within five (5) work days after of the receipt of this appealthe Step 2 grievance, the building principal/Assistant Superintendent of Human Resources shall hold a Step 2 grievance conference. Within five ten (510) work school days after this meetingof the Step 2 grievance conference, the Associate Principal or designated administrator building principal/Assistant Superintendent of Human Resources shall provide the CMA with issue 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 Step 2 grievance shall be deemed admittedanswer. 12. Step 3. If the grievance is not resolved at in Step 2, then the CMA and/or grievant may appeal or the decision in writing Association may, within fifteen (15) school days of the Step 2 grievance conference, submit a Step 3 grievance statement to the Associate Superintendent for Human Resources, within five Superintendent. Within ten (510) work school days after of the receipt of the Step 2 response or within five 3 grievance, the Superintendent, and/or other representatives of the Board shall hold a Step 3 grievance conference. Within ten (510) work school days after of the Step 2 meeting3 grievance conference, whichever the Superintendent shall issue a Step 3 grievance answer. 13. Step 4. If a satisfactory disposition of the grievance is later. The Associate Superintendent not made as a result of the conference provided for Human Resources in Step 3 above, either the Board or the Association shall arrange have the right to appeal the dispute to final and binding arbitration under and in accordance with the CMA representative Voluntary Labor Arbitration Rules of the American Arbitration Association. Such appeal must be taken within thirty (30) days from the date of the conference provided for in Step 3 above unless a meeting to take place within five (5) work days after longer time is jointly agreed upon between 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 shall be deemed admittedparties.

Appears in 2 contracts

Samples: Professional Negotiation Agreement, Professional Negotiation Agreement

Procedures. The parties hereto acknowledge that When any grievance arises, an xxxxxxx effort will be made to settle it is usually most desirable for according to the following sequence and procedure: Step 1: In handling an employee and supervisor to solve problems through free and informal communication. Accordinglyalleged violation of the CBA, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMAwill inform his Union representative (for step 1, a grievance may union representative could be processed as followsa 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 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 or shall schedule an appointment with the CMA may present employee’s immediate supervisor during work hours to discuss the grievance which suspected violation and to seek a remedy. This meeting must be in writing 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 grievant’s supervisor 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 Division Director, the Contract Manager or his designee, shall be due within five (5) work days with a copy to the Associate PrincipalUnion. 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 designated administratorthe Company’s designee, within five (5) work days of its intent to continue the incidentgrievance. It must contain A meeting will be scheduled with the article and section of Contract Manager, or the agreement allegedly violated Company’s designee, and the remedy sought. The supervisor will arrange for a meeting to take place Union within five (5) work days after receipt 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 reach an agreement on the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor Union shall be present for the meeting. Within five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with given a written response including denial by the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator Company within five (5) work days after from the discussion of the grievance. If the parties fail to reach a satisfactory settlement, the Union shall notify the Company of its intent to arbitrate the issue within ten (10) workdays following receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with 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 admitteddenial. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 shall be deemed admitted.

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; b. Declaration or waiver of Union representation; c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based; d. A description of the grievance; and e. The corrective action desired. The supervisor to solve problems through free and informal communicationshall give a written decision within fourteen (14) days. AccordinglySince the supervisor is a member of the bargaining unit, the parties shall attempt decision may be modified by the Employer at subsequent steps in the grievance procedure. Step 2. If the employee is not satisfied with the decision of the supervisor and elects to informally resolve any pursue the grievance herein defined. If, howeverfurther, the informal process fails to satisfy employee must within fourteen (14) days of receipt of the employee or the CMAdecision in Step 1, a grievance may be processed as follows: 1. The employee or the CMA may present submit the grievance which must be in writing to the grievant’s supervisor Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a copy 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 the Associate Principal, or designated administrator, within five (5) work days be present during adjustment decision of the incidentgrievance. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five Within fourteen (514) work days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision. Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. The CMA’s representativeWithin fourteen (14) days of the date of receipt of the grievance, the grievant, and CO of the grievant’s supervisor Marine Center shall be present for inform the meeting. Within five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for employee in writing of the decision. If the supervisor does not respond within five (5) work dayssatisfied, the grievance shall be deemed admitted. 2. If employee may notify the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision Union and Marine Center Director in writing to the Associate Principal or designated administrator of their dissatisfaction within five seven (57) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator shall arrange with the CMA representative for a meeting to take place within five (5) work days after the receipt date of this appeal. Within five (5) work days after this meeting, the Associate Principal or designated administrator shall provide the CMA with 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 admittedreceipt. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 shall be deemed admitted.

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 teacher's immediately involved supervisor to solve resolve problems through free and informal communicationcommunications. AccordinglyWhen requested by a teacher, an Association representative may accompany the parties shall attempt teacher to informally resolve any grievance herein definedassist 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 CMAAssociation, a grievance may be processed as follows: 1. a. The employee teacher or the CMA Association may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principalimmediately involved supervisor, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor who will arrange for a meeting to take place within five (5) 10 teacher work days after the receipt of the grievance. The CMA’s Association's representative, the grievant, and the grievant’s immediately involved supervisor shall 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 five (5) 5 teacher work days after of the meeting, the supervisor shall provide the grievant and the CMA Association shall be provided with a the supervisor's 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. 2. b. If the grievance is not resolved at Step 1A, then the CMA and/or grievant or the grievant Association may appeal refer the decision in writing grievance to the Associate Principal superintendent or designated administrator the superintendent's official designee within five (5) 10 teacher work days after receipt of the Step 1 response A answer or within five (5) 15 teacher work days after the Step 1 A meeting, whichever is the later. The Associate Principal or designated administrator superintendent shall arrange with the CMA representative for a meeting to take place within five (5) 10 teacher work days after the of receipt of this 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 five (5) 10 teacher work days after this of the meeting, the Associate Principal or designated administrator Association and the grievant shall provide be provided with the CMA with a superintendent's written response 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. 3. c. If the grievance is not resolved at Step 2, B then the CMA and/or grievant or the Association may appeal refer the decision in writing grievance to the Associate Superintendent for Human Resources, Board of Education 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) 10 teacher work days after the receipt of this appeal. Within five (5) the Step B answer or within 20 teacher work days after this 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 Associate Superintendent for Human Resources Association and the grievant shall provide be provided with the CMA with a Board of Education's written response to the appeal response, including the reasons for the decision. d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association 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 10 teacher work days of the Associate Superintendent for Human Resources does not respond within five (5) work daysreceipt of the Step C answer, then the grievance shall be deemed admittedwithdrawn. 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 ‌ It is usually most desirable for an employee and the employee's supervisor to solve resolve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defineddiscussions. If, however, the informal process fails to satisfy resolve the employee or the CMAissue, a grievance may shall be processed as follows: STEP 1. The employee or the CMA may present the : Any member covered by this Agreement who has a grievance which must be shall submit it in writing to the grievant’s supervisor Immediate Supervisor or other person designated by the Board for this purpose. The 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 relief requested. The Immediate Supervisor or other person designated will discuss the grievance with the member at a copy to the Associate Principal, or designated administrator, time mutually agreeable within five fifteen (515) work calendar days of the incident. It must contain the article and section receipt of the agreement allegedly violated written grievance. 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 Immediate Supervisor or other person designated by the Board for this purpose shall give a written answer within fifteen (15) calendar days following their meeting. STEP 2: If the grievance is not settled at Step 1 and the remedy sought. The supervisor will arrange for a meeting member wishes to take place appeal the grievance, it shall be referred in writing within five fifteen (515) work 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. The CMA’s representative, A representative of the grievant, and Association will be given the grievant’s supervisor shall opportunity to be present for at such meeting and, if requested by the member, may represent the member at the meeting. Within five (5) work days after the meetingIf no settlement is reached, the supervisor Xxxxxxx or his/her designee shall provide the grievant and the CMA with give a written response including the reasons for the decision. If the supervisor does not respond answer within five fifteen (515) work days, the grievance shall be deemed admittedcalendar days following their meeting. 2. STEP 3: If the grievance is not resolved settled at Step 1, then 2 and the CMA and/or the grievant may member wishes to appeal the decision grievance, it shall be referred in writing to the Associate Principal or designated administrator within five fifteen (515) work 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 response or within five (5Step 2) work days after shall discuss the Step 1 meeting, whichever is later. The Associate Principal or designated administrator shall arrange grievance with the CMA representative for member at a meeting to take place time mutually agreeable within five fifteen (515) work days after the receipt of this appeal. Within five (5) work days after this meeting, the Associate Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work calendar days after receipt of the Step 2 response or within five (5) work days after written grievance. A representative of the Step 2 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, whichever . If no settlement 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 meetingreached, the Associate Superintendent for Human Resources President or his/her designee shall provide the CMA with give a written response to the appeal including the reasons for the decision. If the Associate Superintendent for Human Resources does not respond answer within five fifteen (515) work days, the grievance shall be deemed admittedcalendar days following theirmeeting.

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 supervisor following procedures are to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as followsfollowed: 1. The employee or grievant will make the CMA may present written complaint to a building representative from the Grievance Committee. A building representative will, through free and informal communications, attempt to resolve the problem. This would take place during the five (5) business day period before the grievance which must be in writing proceeds to step two. 2. The grievant and/or representative from the Grievance Committee will make a written complaint to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, principal within five (5) work business days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) 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 five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is principal does not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, produce a written response within five (5) work days business days, the grievance will proceed to step four. If grievant and the 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 receipt of the Step 2 response or within five (5) work business days from the principal, 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 Superintendent. 5. If no proposed solution has been received 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 business days after from five days from the Superintendent’s receipt of the grievance 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 appealsession, the Board, the grievant and the Grievance Committee will discuss the problem. 6. Within five (5) work days after this The Board, at the next regular meeting, or duly called meeting, will take the Associate Superintendent for Human Resources shall provide the CMA matter under advisement and will respond with a solution, in written response to the appeal including the reasons for the decisionform, within ten (10) business days. 7. If the Associate Superintendent for Human Resources does Grievant is not respond satisfied with the response of his/her Grievance at level #6 of this article, or if there is no response within five ten (510) work days, the Grievance may be referred to the Board Chairperson or his/her designee. Thereafter, the Board Chairperson shall convene a panel consisting of three (3) persons; one (1) designated by the Board Chairman, one (1) designated by the Grievant, and one 91) agreed upon by the two (2) appointed members for the purpose of reviewing the Grievance. No member of the panel shall have an interest in the underlying allegation nor shall such individual be a family member (as defined in Sick Leave) of the Grievant. 8. At the next regularly scheduled Board Meeting, the Board Chairman shall report to the Board the findings of the grievance shall be deemed admittedPanel and the Board will address such findings in the official records of the District.

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 teacher's immediate supervisor to solve resolve problems through informal and free and informal communicationcommunications. AccordinglyTherefore, before a grievance is filed, the parties claimant shall attempt to informally resolve any grievance herein defineddiscuss the claim with the most immediate supervisor. If, however, the informal process fails to satisfy the employee or the CMAteacher, a grievance may be processed as follows: 1in the following manner, and the grievant may be accompanied by a representative of choice: The teacher or the Association shall file the grievance in writing with the immediate supervisor, who shall certify by signature the date the grievance was received. This certification shall be witnessed by the grievant. The employee or written grievance shall state the CMA may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days nature of the incident. It must contain grievance, shall note the article and section specific clause or clauses of the agreement allegedly violated Agreement which are applicable, and shall state the remedy soughtrequested. The supervisor will shall arrange for a meeting to take place with the grievant within five (5) work days after receipt of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor shall be present for make a decision on the meeting. Within five (5) work days after the meeting, the supervisor shall provide grievance and communicate it in writing to the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond Superintendent within five (5) work daysdays 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 within ten (10) days of receipt of the Step One written decision. If the Grievance Committee feels that the grievance has merit, the grievant shall be deemed admitted. 2file, within twenty (20) days of receipt of the Step One written decision, a copy of the grievance with the Superintendent. Within ten (10) days after receipt of the written appeal, the Superintendent shall respond in writing to the grievant and the Association Grievance Committee giving a decision, including reasons if the appeal is denied. If the grievance is not satisfactorily resolved at Step 1Two, then the CMA and/or grievance may proceed to binding arbitration. The Association may submit to the Superintendent a written request on behalf of the Association and the grievant may appeal the decision in writing to the Associate Principal or designated administrator enter into binding arbitration. If a demand for binding arbitration is not filed within five thirty (530) work days after of receipt of the Step 1 response or within five (5) work days after the Step 1 meetingTwo decision, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with a written response including the reasons for the decision. If the Associate Principal or designated administrator does not respond within five (5) work days, then the grievance shall be deemed admitted. 3withdrawn. If Arbitration proceedings shall be conducted by an arbitrator to be selected by the grievance is not resolved at Step 2, then two parties through mutual selection or from a roster of arbitrators provided by the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five American Arbitration Association. Within seven (57) work days after receipt of the Step 2 response or within five (5) work days after the Step 2 meetingAssociation requests binding arbitration, whichever is laterthe 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 Associate Superintendent remaining name shall be the arbitrator. Expenses for Human Resources the arbitrator's services shall arrange with be borne equally by the CMA representative for a meeting to take place within five (5) work days after District and the receipt Association. The decision of this appealthe arbitrator shall be final and binding on the parties. Within five (5) work days after this meetingThe arbitrator, the Associate Superintendent for Human Resources in his or her opinion, shall provide the CMA with a written response not amend, modify, nullify, ignore or add to the appeal including provisions of the reasons for the decisionAgreement. If the Associate Superintendent for Human Resources does not respond within five (5) work days, the grievance The arbitrator's authority shall be deemed admittedstrictly 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. 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 supervisor every effort shall be made to solve problems through free and informal communication. Accordingly, expedite the parties process. 7.3.2 Grievance proceedings shall attempt to informally resolve any grievance herein defined. If, however, not be conducted in accordance with the informal process rules of civil procedure. 7.3.3 If the College fails to satisfy the employee or the CMA, a grievance may be processed as follows: 1. The employee or the CMA may present the grievance which must be comply in writing to the grievant’s supervisor or with a copy to the Associate Principal, or designated administrator, within five (5) work days its time limit requirements as set forth under any of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) 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 five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work daysprocedure steps, the grievance shall be deemed admittedconsidered automatically appealed to the next level of the procedure. 2. 7.3.4 If the grievance is not resolved at Step 1grievant fails to comply with the grievant’s time limit requirements, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt as set forth under any of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with a written response including the reasons for the decision. If the Associate Principal or designated administrator does not respond within five (5) work daysprocedure’s steps, the grievance shall be deemed admittedconsidered null and void. 3. If 7.3.5 The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties. 7.3.6 A grievance shall not be considered unless the grievant initiates the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 no later than twenty 20 days after the Step 2 meetinggrievant knew or reasonably should have known of the alleged violation that precipitated the grievance. 7.3.7 No reprisal or retaliation shall be taken against any person who participates in this procedure. 7.3.8 A grievant may be accompanied and represented by one Union representative and the charged-party may be represented by a person of the charged-party’s choice at any hearing or meeting conducted under this procedure. 7.3.9 An employee, whichever is lateracting individually, may present a grievance without the intervention of the Union, provided the grievance has been processed in accordance with this procedure. The Associate Superintendent grievant shall be responsible for Human Resources 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 arrange 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 CMA representative for a meeting to take place within five (5) work days after the receipt provisions of this appeal. Within five (5) work days after this meeting, the Associate Superintendent for Human Resources shall provide the CMA with Agreement. 7.3.10 All documents related to 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 shall be deemed admittedmaintained in a separate grievance file. This provision does not include disciplinary actions and/or documents that are the subject of a grievance. 7.3.11 Grievances shall be processed at times other than during an employee’s scheduled class time or times when there is a school or department meeting or an Academic Affairs or College-wide meeting where attendance is mandatory. 7.3.12 All decisions shall be submitted in writing at each step of the grievance procedure and the decision shall be submitted to both the grievant and the Union. 7.3.13 Grievances shall be filed on forms provided by the College – and shall be attached hereto. 7.3.14 The parties shall maintain confidentiality for all grievance proceedings and for documents required by law to be kept confidential. If a grievant or the Union violates this provision, this action will be a waiver by the grievant or Union of any confidentiality right the grievant may have that is related to the grievance. 7.3.15 The parties to a grievance may mutually agree to toll the procedure’s time limits in accordance with sub-paragraph 7.

Appears in 2 contracts

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 supervisor regulations of the District, this Agreement and the 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 solve problems through free and informal communication. Accordinglyunsatisfactory performance. 14.1.4 Prior to the imposition of discipline of five (5) days or more suspension without pay or greater penalty, the parties shall attempt bargaining unit member will be provided an opportunity for a “Xxxxxx hearing” and the bargaining unit member given the opportunity to informally resolve any grievance herein definedrespond orally or in writing. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may Preliminary charges will be processed as follows: 1. The employee or the CMA may present the grievance which must be provided in writing to the grievant’s supervisor with bargaining unit member and a copy also shall be sent to the Associate Principal, or designated administrator, within 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) work days prior to the hearing. A copy of the incident. It must contain preliminary charges provided to the article and section CSEA Labor Relations Representative does not prejudice the right of a bargaining unit member to select his/her representative in the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) work days after receipt of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor discipline proceeding. 14.1.4.1 A Xxxxxx officer shall be present for assigned to the meeting. Within five (5) work days after bargaining unit member who shall not be the meeting, person who initiated and/or recommended that the supervisor bargaining unit member be disciplined. 14.1.4.2 The Xxxxxx officer shall provide the grievant and the CMA with a written response including after the reasons for Xxxxxx conference with a decision as to whether the decision. If the supervisor does not respond within five (5) work dayscharges are to be upheld, the grievance shall be deemed admittedrecommended discipline reduced, or the charges dropped. 2. If 14.1.5 After the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with Xxxxxx officer has provided a written response including the reasons for the decision. If the Associate Principal or designated administrator does not respond within five (5) work daysand prior to a formal evidentiary hearing, the grievance bargaining unit member shall be deemed admittedinformed of the specific charges against him or her and the evidence which supports it. The bargaining unit member shall also be given a statement of his or her right to a formal hearing on such charges. The bargaining unit member may request a hearing within ten (10) days after service of the notice to the bargaining unit member. Failure to request the hearing within ten (10) days means the 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 a card or paper which when signed constitutes a demand for hearing and a denial of all charges. 314.1.5.1 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. If The District and CSEA will identify any exhibits, any physical items, and any witnesses that the grievance 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 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 final and binding. The hearing officer is not resolved at Step 2, then limited to the CMA and/or grievant may appeal following: 14.1.8.1 Adopt the proposed decision in writing to its entirety. 14.1.8.2 Reduce the Associate Superintendent for Human Resources, within five (5) work days after receipt of disciplinary action. 14.1.8.3 Reject 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 shall be deemed admittedproposed disciplinary action in its entirety.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. 1. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor to solve problems through free and informal communication. Accordingly, time elements in the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a grievance steps may be processed as follows:shortened, extended or waived upon written mutual agreement between the parties. 12. 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 CMA may present the Union must file a grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) 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 five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. If the grievance occurrence on which it is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response based or within five (5) work days after it is reasonable to assume that the employee or the Union first became aware of the conditions giving rise to the grievance Step 1 meetingOne a. Any employee having a grievance shall discuss the grievance with the immediate supervisor, whichever and then if the grievance is laternot settled orally, the employee may request a meeting with the Xxxxxxx to discuss the grievance. b. The Xxxxxxx then may submit the grievance in writing to the immediate supervisor stating the remedy or correction requested, plus the facts upon which the grievance is based and alleged contract violation. The Associate Principal or designated administrator Grievant and the Xxxxxxx shall arrange sign the grievance. Step Two a. The Xxxxxxx shall meet with the CMA representative for a meeting immediate supervisor and the grievant to take place discuss the grievance within five (5) work days after of its written submission to the receipt of this appeal. Within five (5) work days after this meeting, immediate supervisor. b. The immediate supervisor shall give his decision in writing relative to the Associate Principal or designated administrator shall provide the CMA with a written response including the reasons for the decision. If the Associate Principal or designated administrator does not respond grievance within five (5) work days, days of the grievance meeting with the xxxxxxx and the grievant. Step Three a. Any appeal of a decision rendered by the immediate supervisor shall be deemed admitted. 3. If presented to the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision Superintendent in writing to the Associate Superintendent for Human Resources, within five (5) work days after from the date of receipt of the Step 2 response or 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 shall give his decision in writing relative to the grievance within five (5) work days after of the Step 2 meeting, whichever is later. The Associate Superintendent for Human Resources shall arrange date of the meeting with the CMA business representative for of the Union. Step Four a. Any appeal of a meeting decision rendered by the Superintendent shall be presented in writing to take place a personnel committee of the Board of Education within five (5) work days after of the date of receipt of this appeal. Within five (5) work days after this meetingthe decision rendered by the Superintendent, and the Associate Superintendent for Human Resources Board Committee shall provide the CMA meet with a written response business representative of the Union at a mutually agreeable time. b. The Board Committee shall give its decision in writing relative to the appeal including grievance within ten (10) days of the reasons for date of the decision. If meeting with the Associate Superintendent for Human Resources does not respond within five (5) work days, business representative of the grievance shall be deemed admittedUnion.

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 a faculty member's immediately involved supervisor to solve resolve problems through free and informal communicationcommunications. AccordinglyWhen requested by the faculty member, an Association representative may accompany the parties shall attempt faculty member to informally resolve any grievance herein definedassist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee faculty member or the CMAAssociation, a grievance may be processed as follows: 1. A. Step One: The employee faculty member or the CMA Association may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principalimmediately involved supervisor, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor who will arrange for a meeting to take place within five (5) work ten college days after receipt of the grievance. The CMA’s representativegrievance 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 grievant’s supervisor shall be present for 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 five (5) work ten college days after of the meeting, the supervisor shall provide the grievant and the CMA Association shall be provided with a the supervisor's written response response, including the reasons reason(s) for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. B. Step Two: If the grievance is not resolved at Step 1One, then the CMA and/or Association may refer the grievant may appeal the decision in writing grievance to the Associate Principal President of the College or designated administrator designee within five (5) work college days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is laterOne answer. The Associate Principal President, or designated administrator his/her designee, shall arrange with the CMA Association representative for a meeting to take place within five (5) work ten college days after the of receipt of this the appeal. Within five (5) work ten college days after this of the meeting, the Associate Principal or designated administrator Association shall provide the CMA be provided with a written response from the President or designee, including the reasons reason(s) for the decision. C. Step Three: If the Association is not satisfied with the disposition of the grievance at Step Two or the time limits expire without the issuance of the President's or designee's written reply, the Association may submit the grievance to binding arbitration. The arbitrator shall be selected from a panel or panels to be secured from the American Arbitration Association (AAA). The arbitrator's award shall be binding. If a demand for arbitration is not filed within twenty college days after the Associate Principal or designated administrator does not respond within five (5) work daysdate for the Step Two answer, then the grievance shall be deemed admitted.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 the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt either party requests a transcript of the Step 2 response or within five (5) work days after proceedings that party shall bear 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 full costs 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 decisionthat transcript. If both parties order a transcript the Associate Superintendent for Human Resources does not respond within five (5) work days, the grievance cost shall be deemed admitteddivided 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 and supervisor 9.4.1 Step 1 Every effort shall be made to solve problems resolve grievances or potential grievances through free and informal communicationcommunications between the grievant and his immediate administrative supervisor. AccordinglyHowever, if such informal processes fail to provide an acceptable adjustment of the grievance, the parties shall attempt grievant may proceed to informally resolve any grievance herein defined. IfStep 2. 9.4.2 Step 2 The grievant or, howeverat his request, the informal process fails to satisfy the employee or the CMAAssociation on his behalf, a grievance may be processed as follows: 1. The employee or the CMA may present the grievance which must be in writing submit an executed Grievance Review Request Form (Appendix 4) to the grievant’s 's immediate administrative supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will who shall arrange for a meeting to take place within five four (54) work days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor shall be present for the meeting. Within five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA recognized employee organization with a written response including (Appendix 5) to the reasons for Grievance Review Request Form within four (4) days after the decisionmeeting. 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the supervisor does Board is not respond within five delivered to the Superintendent with thirty (530) work daysdays after the meeting prescribed in Step 3 is held, the grievance shall be deemed admitted. 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is laterwithdrawn. The Associate Principal or designated administrator Board shall arrange with the CMA representative for a meeting to take place meet within five (5) work days after the receipt of this appeal. Within five (5) work days after this meeting, the Associate Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 shall be deemed admitted.ten

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 immediate supervisor to solve resolve problems through informal and free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein definedcommunications. If, however, the informal process fails to satisfy the employee or the CMAemployee, a grievance grievant may be processed as follows: 1. accompanied by a representative of choice: Step One The employee or the CMA may present Union shall file the grievance which must be in writing to with the grievant’s supervisor with a copy to immediate supervisor, who shall certify by signature the Associate Principal, or designated administrator, within five (5) work days date the grievance was received. The written grievance shall state the nature of the incident. It must contain grievance, shall note the article and section specific clause or clauses of the agreement allegedly violated Agreement, which are applicable, and shall state the remedy soughtrequested. The supervisor will shall arrange for a meeting to take place with the grievant within five ten (510) work days after receipt of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor shall be present for make a decision on the meeting. Within five (5) work days after the meeting, the supervisor shall provide grievance and communicate it in writing to the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond Superintendent within five (5) work daysdays 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 Superintendent’s decision at Step Two, a request for a hearing with the Board. The Board shall meet with the grievant within fifteen (15) days after receipt of the request for a hearing. The Board, or their designee, shall file an answer within ten (10) days of the hearing and communicate it in writing to the grievant and the Superintendent. Step Four If the grievance is not satisfactorily resolved at Step Three, the grievance shall proceed to binding arbitration. The Union shall submit to the Superintendent a written request on behalf of the Union and the grievant to enter into binding arbitration. If a demand for binding arbitration is not filed within twenty (20) days of receipt of the Step Three decision, then the grievance shall be deemed admitted. 2withdrawn. If Arbitration proceedings shall be conducted by an arbitrator to be selected by the grievance is not resolved at Step 1, then two parties from a roster of arbitrators provided by the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five American Arbitration Association. Within seven (57) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meetingUnion requests binding arbitration, whichever is laterthe two parties will request the American Arbitration Association to provide a panel of arbitrators in accordance with their procedures. The Associate Principal or designated administrator selection of an arbitrator shall arrange also be accomplished in accordance with the CMA representative for a meeting to take place within five (5) work days after the receipt of this appealAAA procedures. Within five (5) work days after this meeting, the Associate Principal or designated administrator shall provide the CMA with a written response including the reasons Expenses for the decision. If the Associate Principal or designated administrator does not respond within five (5) work days, the grievance arbitrator’s services shall be deemed admitted. 3borne equally by the District and the Union. If The decision of the grievance is arbitrator shall be final and binding on the parties. The arbitrator, in their opinion, shall not resolved at Step 2amend, then modify, nullify, ignore, or add to the CMA and/or grievant may appeal provisions of the decision Agreement. The arbitrator’s authority shall be strictly limited to deciding only the issue or issues presented to them in writing to by the Associate Superintendent for Human ResourcesDistrict and the Union, within five (5) work days after receipt and their decision must be based solely and only upon their interpretation of the Step 2 response meaning or within five (5) work days after application of the Step 2 meeting, whichever is later. The Associate Superintendent for Human Resources shall arrange with express relevant language of 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 shall be deemed admittedAgreement.

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 supervisor to solve Administrator may resolve problems through free and informal communicationcommunications. Accordingly, The informal disposition of problems in no way prohibits the parties shall attempt to informally resolve any Association from filing a grievance herein definednor does it establish a precedent. If, however, the informal process fails to satisfy the employee or the CMAHowever, a grievance may shall be processed as follows: 1. 3.2.1 STEP I - The employee or the CMA may grievant shall present the grievance which must be in writing writing, signed, dated and specifying the remedy sought, to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, immediately involved administrator within five ten (510) work days of the incident. It must contain occurrence, stating the article Article and section Section of the agreement allegedly violated and the remedy soughtAgreement alleged to have been violated. The supervisor administrator will arrange for a meeting to take place within five ten (510) work days after of receipt of the grievance. The CMAAssociation’s representative, the grievant, and the grievant’s supervisor immediately involved administrator shall be present for the meeting. Within five ten (510) work days after of the meeting, the supervisor shall provide the grievant and the CMA Association shall be provided with a the administrator’s 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. 2. 3.2.2 STEP II - If the grievance is not resolved at Step 1STEP I, then the CMA and/or Association shall refer the grievant may appeal the decision in writing grievance to the Associate Principal or designated administrator Superintendent’s official designee within five ten (510) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is laterSTEP I answer. The Associate Principal or designated administrator Superintendent shall arrange with the CMA Association representative for a meeting to take place within five (510) work days after of the Superintendent’s receipt of this the appeal. Within five ten (510) work days after this of the meeting, the Associate Principal or designated administrator Association shall provide be provided with the CMA Superintendent’s receipt of the appeal. Within ten (10) days of the meeting, the Association shall be provided with a the Superintendent’s written response response, including the reasons for the decision. 3.2.3 STEP III - If the Association is not satisfied with the disposition of the grievance at STEP II, the Association may submit the grievance to final and binding arbitration. The American Arbitration Association shall act as the administrator of the proceedings using the Voluntary Labor Arbitration Rules. If a demand for arbitration is not filed with the Associate Principal or designated administrator does not respond Board within five thirty (530) work daysdays of the day of the Step II answer, then the grievance shall be deemed admittedwithdrawn. 33.2.3.1 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 grievance is not resolved at Step 2costs. 3.2.3.6 If only one party requests the postponement of an arbitration hearing, then that party shall bear the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt cost 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 shall be deemed admittedsuch postponement.

Appears in 2 contracts

Samples: Collective Bargaining 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 supervisor may agree to solve problems through free and informal communication. Accordingly, bypass any step of the parties shall attempt to informally resolve any grievance herein defined. If, however, procedure. Step 1: If the informal process with the immediate supervisor fails to satisfy resolve the employee problem, the grievant(s) or the CMA, a grievance Union or both may be processed as follows: 1. The employee or the CMA may formally present the grievance which must be in writing to the grievant’s department supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor who will arrange for a meeting to take place be held within five ten (510) work working days after receipt of to review the grievance. The CMA’s representative, Supervisor will provide reasonable notice to the grievantField 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 grievant’s 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 be present for provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. Within five (5) work days after the meeting, the supervisor The answer shall provide the grievant and the CMA with a written response including include the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. Step 2. : If the grievance is not satisfactorily resolved at Step 1the preceding step, then the CMA and/or grievant(s) or the grievant Union or both may appeal refer it to the decision Chief of Police by filing the grievance in writing to the Associate Principal or designated administrator within five (5) work 10 working days after of receipt of the answer from Step 1 response or or, if no answer is received, within five (5) work 10 working days after of the Step 1 meeting, whichever is latertime that the answer was due. The Associate Principal or designated administrator shall Chief will arrange with the CMA representative for a meeting to take place be held within five (5) work 10 working days after of such referral to review the receipt grievance. The Chief will provide reasonable notice to the Field Representative and the Xxxxxxx of this appealthe meeting date and time. Within five (5) work days after this meetingThe Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the Associate Principal or designated administrator shall provide the CMA grievant(s), with a written response including copy to the reasons Union, within 10 working days of the meeting provided for the decision. If the Associate Principal or designated administrator does not respond within five (5) work days, the grievance shall be deemed admittedin this paragraph. Step 3. : If the grievance is not satisfactorily resolved at Step 2the preceding step, then the CMA and/or grievant grievant(s), or the Union, or both, may appeal refer it to the decision Vice President for Administrative Affairs, or designee, by filing the same in writing to the Associate Superintendent for Human Resources, within five ten (510) work working days after of receipt of the Step 2 response or answer from the Chief or, if no answer is received, within five ten (510) work working days after of the Step 2 meeting, whichever is latertime that the answer was due. The Associate Superintendent for Human Resources shall Vice President or designee will arrange with the CMA representative for a meeting to take place be held within five (515 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, including reason(s), shall be provided to the grievant(s) 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 copy to the appeal including Union within ten (10) working days of the reasons meeting provided for the decisionin this paragraph. If the Associate Superintendent for Human Resources does not respond within five (5) work daysgrievance arises from a decision or action at the Vice President’s level, the grievance shall may be deemed admittedinitiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

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 is usually most desirable for an employee and supervisor to solve problems through free and informal communication. Accordinglyend, the parties number of days within which each step is prescribed to be accomplished shall attempt be considered as maximum and every effort shall be made to informally resolve any expedite the process. Under unusual circumstances the time limits prescribed in this statement may be extended or reduced by mutual consent of the grievant and the person or persons by whom his grievance herein definedis being considered. If, however, Initial private conference: A grievant shall first take up his/her grievance with the principal or immediate administrative superior in private informal process fails conferences. Every effort shall be made to satisfy adjust the grievance in an informal manner. Level 1: If the employee is dissatisfied with the outcome of the initial private conferences, he/she may request a formal conference with his/her principal or immediate supervisor. Every effort should be made to develop an understanding of the CMA, facts and the issues in order to create a grievance may be processed as follows: 1climate which will lead to a solution. The employee or formal conference shall occur within ten (10) school days of the CMA may present last informal conference. Level 2: In the event that the aggrieved person is not satisfied with the disposition of his/her grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principalat Level 1, or designated administrator, in the event that no decision is reached within five (5) work school days after the presentation of the incidentgrievance, he/she may appeal the matter in writing to the Superintendent of Schools with the notice to the Board of Education. It must contain If the article and section of grievant does appeal the agreement allegedly violated and grievance to the remedy sought. The supervisor will arrange for Superintendent, the Superintendent or his designated representative, shall confer with the grievant in an effort to arrive at a meeting to take place satisfactory solution within five (5) 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 five (5) work school days after the meeting, appeal has been received by the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decisionSuperintendent. If the supervisor grievant does not respond appeal the grievance to the Superintendent within five twenty (520) work daysschool days after the formal conference at Level 1, the appeal of the grievance shall automatically be deemed admittedwaived. 2. Level 3: If the grievance is not resolved at Step 1adjusted 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 CMA and/or the grievant may appeal the decision in writing grievance to the Associate Principal or designated administrator within five (5) work days after receipt Board of Education for the purpose of final adjustment of the Step 1 response or grievance by submitting a written request to final adjustment of the grievance by submitting a written request to the Clerk of the Board of Education within five ten (510) work school days after the Step 1 meetingSuperintendent, whichever is later. The Associate Principal or his/her designated administrator shall arrange with the CMA representative for representative, has rendered a meeting to take place within five (5) work days decision, or after the receipt expiration of this appeal. Within five (5) work days after this meeting, the Associate Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 shall be deemed admitted.said ten

Appears in 2 contracts

Samples: Joint Agreement, Joint 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 his immediate involved supervisor to solve problems resolve the problem through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein definedcommunications. If, however, the informal process fails to satisfy the employee or the CMAEmployee, a grievance may be processed as follows:proceed through the formal grievance steps set forth below. 1. STEP I The employee or the CMA may grievant shall present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principalimmediate involved supervisor, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor who will arrange for a meeting to take place within five ten (510) work days after receipt of the grievance. The CMA’s representative, written grievance shall identify the grievant, summarize relevant facts, and identify all provisions of the grievant’s supervisor shall be present for the meetingAgreement allegedly violated. Within five ten (510) work days after of the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance Association shall be deemed admittedprovided with the supervisor’s written response. 2. STEP II If the grievance is not resolved at in Step 1, then the CMA and/or the grievant may appeal the decision in writing grievance to the Associate Principal Superintendent or designated administrator his/her designee within five ten (510) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is lateranswer. The Associate Principal Superintendent or designated administrator his/her designee shall arrange with the CMA grievant or Association representative for a meeting to take place within five ten (510) work days of the Superintendent’s or his/her designee’s receipt of the appeal. Within ten (10) work days after the receipt of this appeal. Within five (5) work days after this meeting, the Associate Principal grievant and the Association shall be provided with the Superintendent’s or designated administrator shall provide the CMA with a his/her designee’s written response including the reasons for the decision. response. STEP III If the Associate Principal or designated administrator does not respond within five (5) work daysgrievance remains unresolved at the Superintendent level, it shall proceed to the Board level. The Superintendent’s response to the grievance shall be deemed admittedheard at the next Board meeting. 3. STEP IV If the grievance grievant is not resolved satisfied with the disposition of the grievance at Step 23, then the CMA and/or grievant Association may appeal submit the decision in writing to the Associate Superintendent for Human Resources, grievance within five thirty (530) work days after receipt to binding arbitration under the Voluntary Labor Arbitration Rules 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 shall be deemed admittedAmerican Arbitration Association.

Appears in 2 contracts

Samples: Professional Services, Professional Services

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee a teacher and the teacher’s immediately involved supervisor to solve resolve problems through free and informal communicationcommunications. AccordinglyWhen requested by a teacher, an Association representative may accompany the parties shall attempt teacher to informally resolve any grievance herein definedassist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee teacher or the CMAAssociation, a grievance may be processed as follows: 1. The employee STEP 1 In the event a problem cannot be resolved informally, the grievant shall file a grievance within thirty (30) days of the event giving rise to the grievance, or the CMA may present the grievance which must be in writing to the grievant’s supervisor with a copy knowledge of the same, whichever is later, in writing, to the Associate Principalimmediately involved supervisor, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will who shall arrange for a meeting to take place within five six (56) work days after of the receipt of the grievance. The CMA’s This meeting shall include the grievant and immediate supervisor and may include an Association representative, the grievant, and the grievant’s supervisor shall be present for the meeting. Within five six (56) work days after of the meeting, the supervisor grievant shall provide be provided with the grievant and the CMA with a supervisor’s 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 admitteddecisions. 2. STEP 2 If the grievance is not resolved at in Step 1, then the CMA and/or the grievant may appeal refer the decision in writing grievance to the Associate Principal or designated administrator superintendent within five six (56) work days after the receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is lateranswer. The Associate Principal or designated administrator superintendent shall arrange with the CMA representative grievant for a meeting to take place within five six (56) work days after of the superintendent’s receipt of this the appeal. Such meeting shall include the grievant and the superintendent and may include the Association representative. Within five six (56) work days after this of the meeting, the Associate Principal or designated administrator grievant shall provide be provided with the CMA with a superintendent’s written response response, including the reasons for the decision. STEP 3 If the grievant is not satisfied with the disposition of the grievance in Step 2, then the grievant may request the Association to submit the grievance to final and binding arbitration through the American Arbitration Association, which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the Associate Principal or designated administrator does not respond within five (5) work daysdate for the Step 2 answer, then the grievance shall be deemed admitted. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 laterwithdrawn. The Associate Superintendent for Human Resources arbitrator shall arrange with have no power over the CMA representative for a meeting to take place within five (5) work days after the receipt terms 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 shall be deemed admittedAgreement.

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 immediate involved supervisor to solve resolve problems through free and informal communicationcommunications. AccordinglyWhen requested by the employee, an Association representative may accompany the parties shall attempt employee to informally resolve any grievance herein definedassist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the CMAAssociation, a grievance may be processed as follows: 1. a. Step I – The employee or the CMA Association may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, building principal within five ten (510) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy soughtevent. The supervisor building principal will arrange for a meeting to take place within five ten (510) work days after receipt of the grievance. The CMAAssociation’s representative, the grievant, and the grievant’s supervisor principal shall be present for the meeting. Within five (5) work days after of the meeting, the supervisor shall provide the grievant and the CMA Association shall be provided with a the principal’s 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. 2. b. Step II – If the grievance is not resolved at Step 1I, then the CMA and/or grievant or the grievant Association Representative may appeal refer the decision in writing grievance to the Associate Principal Superintendent or designated administrator within five his assignee with ten (510) work days after the receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is laterI answer. The Associate Principal or designated administrator Superintendent shall arrange with the CMA grievant or the Association representative for a meeting to take place within five (5) work days after of the Superintendent’s receipt of this the appeal. Each party shall have the right to representation. Within five ten (510) work days after this of the meeting, the Associate Principal or designated administrator Association shall provide be provided with the CMA Superintendent’s receipt of the appeal. Each party shall have the right to representation. Within ten (10) days of the meeting, the Association shall be provided with a the Superintendent’s written response response, including the reasons for the decision. c. Step III – If the association is not satisfied with the disposition of the grievance at Step II, the Association may submit the grievance to final and binding arbitration through the American Arbitration Association which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the Associate Principal or designated administrator does not respond within five (5) work daysdate for the Step II answer, then the grievance shall be deemed admittedwithdrawn. 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. If The fees and the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt expenses 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 arbitrator shall be deemed admittedshared 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 immediately involved supervisor to solve resolve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein definedcommunications. If, however, the such informal process fails processes fail to satisfy the employee or the CMAteacher, a grievance may be processed as follows: 1. A. The employee or the CMA may grievant shall present the grievance which must be in writing within twenty-two (22) days of occurrence of the event giving rise to the grievant’s supervisor with a copy grievance, (or within 22 days from the date the teacher has knowledge of the event giving rise to the Associate Principalgrievance), or designated administrator, within five (5) work days of the incident. It must contain specifying the article and section clause alleged to have been violated and stating the remedy sought to the Principal. The Principal shall provide a written answer to the grievance of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five aggrieved teacher with ten (510) work days after the receipt of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor shall be present for the meeting. Within five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. B. If the grievance is not resolved at Step 1A, then the CMA and/or aggrieved may refer the grievant may appeal the decision in writing grievance to the Associate Principal Superintendent or designated administrator official designee within five ten (510) work days after the receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is laterA answer. The Associate Principal or designated administrator Superintendent shall arrange with the CMA representative for a meeting to take place within five with ten (510) work days after of the receipt of this the appeal. Within five ten (510) work days after this of the meeting, the Associate Principal or designated administrator grievant shall provide be provided with the CMA Superintendent’s written response. C. If the grievant is not satisfied with a the answer at Step B, the grievant may submit the grievance to the Board of Education within ten (10) days to be discussed at the next regular Board meeting. Within ten (10) days of the meeting, the grievant shall be provided with the Board’s written response response, including the reasons for the Boards’ decision. a. The grievant may request a closed hearing. b. Neither the Board not the Grievant shall be permitted to assert any grounds or evidence, which was not disclosed to the other part forty-eight (48) hours previously. c. If the Association is not satisfied with the disposition of the grievance at Step C, or the time limits expire without the issuance of the Board’s written reply, the Association my submit the grievance to final and binding arbitration under the Voluntary Arbitration Rules of the American Arbitration Association, which shall act as administrator of the proceedings. i. The arbitrator, in to the provisions of this Agreement. His authority shall be strictly limited to deciding only the issues presented to him in writing by the School District and the Association, and his decision must be based solely upon his interpretation of the meaning or application of the express relevant language of the Agreement this opinion, shall not 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 transcript of the Associate Principal or designated administrator does not respond within five (5) work daysproceedings, that party shall bear the full costs for that transcript. If both parties order a transcript, the grievance cost of the two (2) transcripts shall be deemed admitteddivided equally between the Board and the Association. 3iv. If 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 resolved at Step 2present, then if one is requested. X. Xx reprisals shall be taken by the CMA and/or grievant may appeal Board or Administration against a teacher because of his/her participation in a grievance. G. With 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 meetingSuperintendent’s approval, the Associate Superintendent for Human Resources shall provide Grievant and the CMA local representative may be released from his/her assignment with a written response loss of pay or benefits 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 shall be deemed admittedattend meetings specified in Section 10.2.

Appears in 2 contracts

Samples: Teacher Contract, Teacher Contract

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor 1. Level 1 – Conferences - An attempt shall be made to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein definedin an informal, verbal discussion between the grievant and his, her or their principal. IfSuch 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, howeverwhich 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 informal process fails building principal within fourteen (14) calendar (Neg.16) days after the Level 1 conference. The written grievance shall be presented to satisfy the employee or building principal in clear and understandable terms on forms provided by the CMA, a grievance may be processed as followsDistrict and shall set forth the following: 1. The employee a. Cite the section of the negotiated agreement, which has been allegedly violated, misinterpreted or misapplied. b. Date of the CMA may present occurrence of the events giving rise to the alleged grievance. c. Specific facts giving rise to the grievance which must be in writing 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 alleged violation, misinterpretation or misapplication. e. Specify the relief requested. f. Signature of the grievant’s supervisor . g. Signature and date line for principal acknowledging receipt of written grievance. Upon receipt of the written grievance the principal shall arrange a formal individual conference with a copy to the Associate Principal, aggrieved teacher or designated administrator, teachers within five (5) work days days, and may make such further investigation of the incident. It must contain the article and section of the agreement allegedly violated and the remedy soughtmatter as he or she determines to be necessary. The supervisor will arrange for principal shall render a meeting decision on the grievance and communicate it in writing to take place the aggrieved teacher or teachers within five (5) work 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 appeal shall include a copy of the original written grievance and the principal's response. It shall be delivered to the Superintendent of Schools within fourteen (14) calendar (Neg.16) days following the principal's written decision at Level 1. The Superintendent shall arrange for a conference with the aggrieved teacher or teachers within five (5) days after receipt of the grievance. The CMA’s representative, appeal and may make such further investigation of the grievant, and the grievant’s supervisor shall matter as he or she determines to be present for the meetingnecessary. Within five (5) work days after following the meetingappeal hearing the Superintendent shall give a written decision to the grievant, with a copy of the decision to the principal. 4. Level 3 – In the event a grievance has not been satisfactorily resolved at Level 2, the supervisor shall provide aggrieved teacher or teachers may file an appeal to the grievant and Board of Education through the CMA with a written response including office of the reasons for the decisionSuperintendent. If the supervisor does not respond within five (5) work days, the grievance Such appeal shall be deemed admitted. filed within fourteen (14) calendar (Neg.16) days of the Superintendent's written decision at Level 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 shall be deemed admitted.received by the

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated 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 immediate supervisor to solve resolve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMAgrievant, a grievance may be processed as follows:. STEP 1. : The employee or the CMA may grievant shall present the grievance which must be in writing using the appropriate form to the grievant’s supervisor with a copy to the Associate Principalimmediately involved supervisor, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor who will arrange for a meeting to take place within five four (54) work days after the receipt of the grievance. The CMA’s representative, the grievant, grievant and the grievant’s immediately involved supervisor shall be present for the meeting, at the request of the grievant; an Association representative may be present. Within five two (52) work days after of the meeting, the supervisor grievant shall provide be provided with the grievant and the CMA with a supervisor’s 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. STEP 2. : If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal refer the decision in writing grievance to the Associate Principal Superintendent or designated administrator within five his official designee with in six (56) work days after the receipt of the Step 1 response answer or within five eight (5) work 8) days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator Superintendent shall arrange with the CMA grievant and/or the Association representative for a meeting to take place within five (5) work days after of the Superintendent’s receipt of this the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within five four (54) work days after this of the meeting, the Associate Principal or designated administrator grievant shall provide be provided with the CMA with a Superintendent’s written response response, including the reasons for the decision. . STEP 3: If the Associate Principal or designated administrator does grievant is not respond within five (5) work days, satisfied with the grievance shall be deemed admitted. 3. If the grievance is not resolved at Step 2, then or the CMA and/or grievant time limits expire without the issuance of the Superintendent’s written reply, the grievance may appeal the decision in writing be submitted to the Associate Superintendent for Human ResourcesBoard of Education. The Board may hear the grievance to Step 4. In the event that the Board decides to hear the grievance, within five (5) work days after receipt the President 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 Board shall arrange with the CMA representative for a meeting to take place with the grievant and/or Association representative within five twenty (520) work days after of the receipt of this the appeal. Within five (5) work days after this meetingEach 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 Associate Superintendent for Human Resources President of the Board shall have eight (8) days in which to provide the CMA written decision of the Board with a written response reasons to the appeal including grievant. STEP 4: If the reasons grievant is not satisfied with the disposition of the grievance at Step 3, 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 as provided in the ILLINOIS EDUCATIONAL LABOR RELATION ACT. If a demand for arbitration is not filed within thirty (30) days of the date for the decision. If the Associate Superintendent for Human Resources does not respond within five (5) work daysStep 3 answer, then the grievance shall be deemed admittedwithdrawn. 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. 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 supervisor every effort shall be made to solve problems through free and expedite the process. 17.3.2 Grievance proceedings shall be kept informal communication. Accordingly, at all levels of this procedure. 17.3.3 If the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process College fails to satisfy the employee or the CMA, a grievance may be processed as follows: 1. The employee or the CMA may present the grievance which must be comply in writing to the grievant’s supervisor or with a copy to the Associate Principal, or designated administrator, within five (5) work days its time limit requirements as set forth under any of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) 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 five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work daysprocedure steps, the grievance shall be deemed admittedconsidered automatically appealed to the next level of the procedure. 2. 17.3.4 If the grievance is not resolved at Step 1, then grievant fails to comply with the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt grievant’s time limit requirements as set forth under any of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with a written response including the reasons for the decision. If the Associate Principal or designated administrator does not respond within five (5) work daysprocedure’s steps, the grievance shall be deemed admittedconsidered null and void. 3. If 17.3.5 The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties. 17.3.6 A grievance shall not be considered unless the grievant initiates the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five no later than ten (510) work days after receipt of the Step 2 response or within five (5) work days after the Step 2 meetinggrievant knew or reasonably should have known of the action which precipitated the grievance and contains, whichever at a minimum, what contractual provision(s) of this collective bargaining agreement is lateralleged to have been violated, the facts constituting the alleged violation, the date of the incident giving rise to the grievance and the relief requested. 17.3.7 No reprisal or retaliation shall be taken against any person who participates in this procedure. 17.3.8 A grievant may be accompanied and represented by the Union and the charged party may be represented by a person of the party’s choice at any hearing or meeting conducted under this procedure. 17.3.9 The parties agree to make good faith efforts to exchange information in order to expedite the process. 17.3.10 An employee, acting individually, may present a grievance without the intervention of the Union provided the grievance has been processed in accordance with this procedure. The Associate Superintendent grievant shall be responsible for Human Resources 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 arrange 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 CMA representative for a meeting to take place within five (5) work days after the receipt provisions of this appeal. Within five (5) work days after this meetingAgreement. 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 Associate Superintendent for Human Resources shall provide Union may submit the CMA with 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 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 shall be deemed admittedmaintained 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 Union. 17.3.15 Grievances shall be filed on forms approved by the parties. 17.3.16 The parties shall maintain confidentiality for all grievance proceedings and for documents required by law to be kept confidential.

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 supervisor to solve problems through free and informal communication. Accordinglynot satisfactorily adjusted within five (5) work days, the parties grievant shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as follows: 1. The employee or the CMA may present the grievance which must be submit it in writing within five (5) work days to the grievant’s supervisor with a copy 's immediate administrative superior. Such written grievance must be filed within ten (10) work days of the date that the grievant should have been logically aware of the act or circumstances giving rise to the Associate Principalgrievance, or designated administratorexcept 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 incidentmeeting with the grievant. It must contain Failing satisfactory settlement within such time limit, the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place grievant may within five (5) work days after receipt appeal in writing to the Superintendent, and such writing shall set forth specifically the basis of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor Superintendent or his/her designee shall be present for the meeting. Within five (5) work days after the meeting, the supervisor shall provide meet with the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator Union representative within five (5) work days after of receipt by him/her of such appeal and shall give his/her decision in writing to the Step 1 response or grievant and the Union within five (5) work days after the Step 1 of such meeting, whichever is later. The Associate Principal or designated administrator shall arrange with the CMA representative for a meeting to take place Board of Education Failing satisfactory settlement within five (5) work days after the receipt of this appeal. Within five (5) work days after this meetingsuch time limit, the Associate Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five seven (57) work days after receipt of the Superintendent's decision at Step 2 response or within five (5) work days after appeal in writing to the Step 2 meetingBoard, whichever is laterand such writing shall set forth specifically the basis of the grievance. The Associate Superintendent for Human Resources full Board, or a committee of the Board, shall arrange meet with the CMA grievant and a Union representative for at its next regular scheduled meeting or a special meeting to take place within five thirty (530) work calendar days after from 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, date the grievance shall be deemed admitted.was

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for (a) Step 1: Informal: Within ten (10) days after the occurrence of an employee and supervisor event giving rise to solve problems through free and informal communication. Accordinglya grievance, the parties employee involved shall attempt to discuss the 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 resolve any grievance herein defined. If, howeverat the first step, the aggrieved employee shall file the grievance, in writing, with the district administrator assigned to that area, within ten (10) days after the informal process fails to satisfy the employee or the CMA, a grievance may be processed as follows: 1conference. The employee or written grievance shall state the CMA may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days nature of the incident. It must contain grievance, reciting the article and section specific clause or clauses of the agreement allegedly violated and specify the remedy soughtrequested. (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 supervisor will arrange for Director of Nutritional Services shall render a meeting decision communicated in writing to take place the aggrieved employee including a copy to the Union within five ten (510) work 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 Director of Nutritional Service’s answer within ten (10) days of the written decision with the Superintendent. Within ten (10) days after receipt of the written grievance has been filed with the Superintendent, the aggrieved and the Superintendent shall meet in an attempt to resolve the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor Superintendent shall be present for the meeting. Within five file an answer in writing within ten (510) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, of the grievance shall be deemed admitted. 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision meeting and communicate it in writing to the Associate Principal or designated administrator employee, including a copy to the Union. (e) Step 4: If the answer of the Superintendent is not accepted, the Union, within five ten (510) work days after receipt receiving the Superintendent's answer, may request that the grievance be submitted to a joint committee consisting of the Step 1 response Board's Chief Negotiator, Superintendent or designee, the aggrieved, and the business representative of the Union. The Superintendent or designee shall, within five ten (510) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator shall arrange with joint committee meeting notify the CMA representative for a meeting to take place within five (5) work days after aggrieved and the receipt of this appeal. Within five (5) work days after this meeting, the Associate Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision Union 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 employer's decision on 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 shall be deemed admittedgrievance.

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 supervisor to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as follows: 1. The employee or the CMA may present aggrieved person shall discuss the grievance which must be in writing to informally with the grievant’s supervisor immediate supervisor. 2. If the aggrieved person is not satisfied with a copy to the Associate Principaldisposition of the grievance, or designated administratorhe/she shall, within five (5) work days school days, present the grievance in writing to the Superintendent. The submission to the Superintendent shall contain a statement setting forth: (a) The nature of the incident. It must contain the article grievance; (b) The nature and section extent of the agreement allegedly violated loss, injury or inconvenience, and the remedy soughtrequested; (c) With respect to building service staff, the results of previous discussions and the stated dissatisfaction with the decision previously rendered. 3. The supervisor will arrange for a meeting to take place Superintendent shall investigate the grievance and give his/her decision in writing within five (5) work school days after receipt to the aggrieved person. 4. If the aggrieved person is not satisfied with the disposition of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor shall be present for the meeting. Within five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resourceshe/she shall, within five (5) work 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 thirty (30) days the Board, or committee of the Board, shall view the grievance, hold a hearing with the aggrieved if requested, and render its decision in writing. 5. If the aggrieved person is not satisfied with the disposition of the grievance by the Board, the aggrieved person, within five (5) school days after receipt of the Step 2 response decision or within five (5) work days after the Step 2 meetingexpiration of the time by which a decision is to be rendered, whichever is later. The Associate Superintendent for Human Resources shall arrange with sooner, may request in writing that the CMA representative for a meeting Association submit the grievance 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 decisionadvisory arbitration. If the Associate Superintendent for Human Resources does not respond within five (5) work days, Association determines that the grievance is meritorious, it may submit the grievance to advisory arbitration by notifying the Superintendent of such fact in writing within ten (10) school days after receipt by the Association of the request to submit the grievance to advisory arbitration. Such application for advisory arbitration shall be deemed admittedmade to P.E.R.C. 6. The arbitrator selected shall confer with representatives of the Board and the Association and begin hearings as soon as can be arranged. The arbitrator shall 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 Board and the Association. Any other expenses incurred shall be paid by the party incurring same. 8. To proceed beyond the Board, a grievance must be concerned only with the interpretation or application of the provisions of this Agreement, provided, however, in no event may a grievance proceed beyond the Board if it arises out of or relates to the interpretation or application of any of the following provisions of this Agreement; ARTICLE XI; or ARTICLE XII.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor to solve problems through free and informal communicationStep 1. AccordinglyWithin ten (10) school days of the time a grievance arises, or within ten (10) school days of when the grievance should reasonably have become known, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as follows: 1. The employee or the CMA may CHESS Association member will present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five his/her immediate supervisor. Free and informal communications are encouraged. Within ten (510) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) work school days after receipt the presentation of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor shall be present for the meeting. Within five (5) work days after the meeting, the supervisor shall provide give his/her written answer orally to the grievant and griever. At the CMA with a written response including request of the reasons for the decision. If the supervisor does not respond within five (5) work daysgrieved, the grievance griever shall be deemed admittedsubmit a “Statement of Grievance. Step 2. If the grievance is not resolved at in Step 1, then the CMA and/or the grievant may appeal or the decision in writing to the Associate Principal or designated administrator CHESS Association representative may, within five ten (510) work school days after of receipt of the Step 1 response answer (written or within five oral), submit to the building principal, or if the grievance is a District issue, to the Assistant Superintendent of Human Resources, a written “Statement of Grievance” signed by the employee. Within ten (510) work school days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator shall arrange with the CMA representative for a meeting to take place within five (5) work days after of the receipt of this appealthe Step 2 grievance, the building principal/Assistant Superintendent of Human Resources shall hold a Step 2 grievance conference. Within five ten (510) work school days after this meetingof the Step 2 grievance conference, the Associate Principal or designated administrator building principal/Assistant Superintendent of Human Resources shall provide the CMA with issue 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 Step 2 grievance shall be deemed admittedanswer. Step 3. If the grievance is not resolved at in Step 2, then the CMA and/or grievant may appeal or the decision in writing CHESS Association may, within fifteen (15) school days of the Step 2 grievance conference, submit a Step 3 grievance to the Associate Superintendent for Human Resources, within five Superintendent. Within ten (510) work school days after of the receipt of the Step 2 response or within five 3 grievance, the Superintendent, and/or other representatives of the Board, shall hold a Step 3 grievance conference. Within ten (510) work school days after of the Step 2 meeting3 grievance conference, whichever the Superintendent shall issue a written Step 3 grievance answer. Step 4. If a satisfactory disposition of the grievance is later. The Associate Superintendent not made as a result of the conference provided for Human Resources in Step 3 above, either the Board or the CHESS Association shall arrange have the right to appeal the dispute to final and binding arbitration under and in accordance with the CMA representative Voluntary Labor Arbitration Rules of the American Arbitration Association. Such appeal must be taken within thirty (30) days from the date of the conference provided for in Step 3 above unless a meeting to take place within five (5) work days after longer time is jointly agreed upon between 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 shall be deemed admittedparties.

Appears in 1 contract

Samples: Negotiation Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor 1. Level 1 – Conferences - An attempt shall be made to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein definedin an informal, verbal discussion between the grievant and his, her or their principal. IfSuch 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, howeverwhich 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 informal process fails building principal within fourteen (14) calendar (Neg.16) days after the Level 1 conference. The written grievance shall be presented to satisfy the employee or building principal in clear and understandable terms on forms provided by the CMA, a grievance may be processed as followsDistrict and shall set forth the following: 1. The employee a. Cite the section of the negotiated agreement, which has been allegedly violated, misinterpreted or misapplied. b. Date of the CMA may present occurrence of the events giving rise to the alleged grievance. c. Specific facts giving rise to the grievance which must be in writing 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 alleged violation, misinterpretation or misapplication. e. Specify the relief requested. f. Signature of the grievant’s supervisor . g. Signature and date line for principal acknowledging receipt of written grievance. Upon receipt of the written grievance the principal shall arrange a formal individual conference with a copy to the Associate Principal, aggrieved teacher or designated administrator, teachers within five (5) work days days, and may make such further investigation of the incident. It must contain the article and section of the agreement allegedly violated and the remedy soughtmatter as he or she determines to be necessary. The supervisor will arrange for principal shall render a meeting decision on the grievance and communicate it in writing to take place the aggrieved teacher or teachers within five (5) work 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 appeal shall include a copy of the original written grievance and the principal's response. It shall be delivered to the Superintendent of Schools within fourteen (14) calendar (Neg.16) days following the principal's written decision at Level 1. The Superintendent shall arrange for a conference with the aggrieved teacher or teachers within five (5) days after receipt of the grievance. The CMA’s representative, appeal and may make such further investigation of the grievant, and the grievant’s supervisor shall matter as he or she determines to be present for the meetingnecessary. Within five (5) work days after following the appeal hearing the Superintendent shall give a written decision to the grievant, with a copy of the decision to the principal. 4. Level 3 – In the event a grievance has not been satisfactorily resolved at Level 2, the aggrieved teacher or teachers may file an appeal to the Board of Education through the office of the Superintendent. Such appeal shall be filed within fourteen (14) calendar (Neg.16) days of the Superintendent's written decision at Level 2. If received by the Superintendent on behalf of the Board of Education at least five (5) days prior to the next regularly scheduled meeting, the supervisor Board of Education shall provide hear the grievant appeal at its next regularly scheduled meeting. If filed less than five (5) days prior to the next meeting, the Board of Education will hear the appeal at its subsequent regularly scheduled meeting, unless the President shall call a prior special meeting of the Board for this purpose. In lieu thereof, and with the mutual consent of the grievant, the President of the Board may designate a committee of four (4) Board Members to hear such an appeal. An appeal hearing before the Board of Education or before the designated committee will be in executive session between the individual teacher or teachers and the CMA with a written response including Board of Education or the reasons for designated committee of the decisionBoard. If The Board of Education of the supervisor does not respond designated committee of the Board shall render its decision in writing to the aggrieved teacher or teachers within five (5) work days, the grievance shall be deemed admitted. 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is laterhearing. The Associate Principal decision of the Board of Education or the designated administrator shall arrange with committee of 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 Principal or designated administrator shall provide the CMA with 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 Board shall be deemed admittedfinal and conclusive on all concerned. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 shall be deemed admitted.

Appears in 1 contract

Samples: Negotiated Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor STEP ONE - An attempt shall be made to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein definedin informal verbal discussion between the TJA employee(s) covered by this contract and the 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 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 CMATeamsters shall file the grievance, a grievance may be processed as follows: 1in writing, dated and signed by the grievant or the appropriate Teamster representative with the Director of Transportation within ten (10) working days. The employee written grievance must state the nature of the grievance, the specific clause or clauses of the CMA may present agreement allegedly violated, and the grievance which must be remedy requested. The Director of Transportation shall make a determination and communicate it in writing to the grievant’s supervisor with , 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 to the Associate Principal, or designated administrator, within five (5) work days of the incidentgrievance within ten (10) working days with the administrative district's Superintendent. It must contain Within ten (10) working days after such written grievance is filed, the article and section grievant, representative of the agreement allegedly violated grievant if desired, the Director of Transportation, and the remedy sought. The supervisor will arrange for a meeting administrative district's Superintendent or designee, shall meet to take place within five (5) work days after receipt of resolve the grievance. The CMA’s representative, administrative district's Superintendent or designee shall file an answer within ten (10) working days of the third step meeting and communicate it in writing to the grievant, the Director of Transportation and the grievant’s supervisor shall Teamsters. The TJA Board and/or the school board(s) will also be present for the meetingnotified in writing. Within five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. STEP FOUR - If the grievance is not resolved at Step 1Three, then the CMA and/or grievant or the grievant Teamsters may appeal refer the decision in writing grievance to the Associate Principal or designated administrator TJA Advisory Board within five ten (510) work 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 request. Each party shall have the right to include in its representation such witnesses and counselors, as it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the formal hearing, the TJA Advisory Board shall have ten (10) working days in which to provide a written decision, with reasons, to the grievant and the Teamsters. STEP FIVE - If the grievant or the Teamsters is not satisfied with the disposition of the grievance in Step 1 response Four, the grievant, or the Teamsters may submit the grievance to final and binding arbitration through the American Arbitration Association (AAA) which shall act as administrator of the proceedings. If a demand for arbitration is not filed within five fifteen (515) work working days after of the date of the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with a written response including the reasons for the decision. If the Associate Principal or designated administrator does not respond within five (5) work daysFour answer, the grievance shall be deemed admitted. 3withdrawn with prejudice. If the grievance is By mutual agreement any decision by an arbitrator shall not resolved at Step 2, then the CMA and/or grievant may 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 alter any terms 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 shall be deemed admittedagreement.

Appears in 1 contract

Samples: Transportation Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for An employee shall first make an employee and supervisor effort to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, 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. l(D) below. Step 1. The Within ten (10) days of the event giving rise to the grievance or after the employee reasonably should have known of the event giving rise to the grievance, the aggrieved employee (or the CMA Union with the employee's express permission) may present the submit a written grievance which must be in writing to the grievant’s supervisor Xxxx or administrative designee in the employee's chain of command, with a copy to the Associate Principal, Director of the Office of Employee & Labor Relations or designated administrator, designee and the Union. This Xxxx or administrative designee shall schedule a meeting with the employee to be held within five ten (510) work days of receipt of the incidentwritten grievance, but this meeting may be waived by mutual agreement in writing between the Union and Management. It must contain The Xxxx or administrative designee shall submit a written answer to the article and section aggrieved employee within ten (10) days of such meeting or the date of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) 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 five (5) work days after waive the meeting, and provide a copy of the supervisor shall provide answer to the grievant Director of the Office of Employee & Labor Relations or designee and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admittedUnion. Step 2. If In the event the grievance is not resolved satisfactorily adjusted at Step 1, then the CMA and/or aggrieved employee (or the grievant may appeal Union, with the decision in writing to the Associate Principal or designated administrator employee's express permission), within five ten (510) work days after receipt of the Step 1 response or within five (5) work days after answer, may submit a written appeal of the Step 1 meetinganswer to the Vice President and Xxxxxxx in the employee's chain of command, whichever is lateror his or her designee, with a copy to the Director of the Office of Employee & Labor Relations or designee and the Union. The Associate Principal Vice President and Xxxxxxx, or designated administrator designee, shall arrange schedule a meeting with the CMA aggrieved employee, and representative for a meeting of the union, to take place within five be held not more than fourteen (514) work days after the receipt of this appeal. Within five (5) work days after this meeting, the Associate Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt of the Step 2 response appeal. The Vice President and Xxxxxxx, or designee, shall submit a written answer to the aggrieved employee within five fomteen (514) work days after the Step 2 meeting, whichever 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 laternot satisfactorily adjusted at Step 2, the aggrieved employee (or the Union, with the employee's express permission), within ten (10) days 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 Associate Superintendent for Human Resources Senior Vice President, or designee, shall arrange schedule a meeting with the CMA aggrieved employee, and representative for a meeting of the union, to take place within five be held not later than fourteen (514) work days after the receipt of this the Step 3 appeal. Within five The Senior Vice President, or designee, shall submit a written answer to the aggrieved employee within fourteen (514) work days after this such meeting, the Associate Superintendent for Human Resources shall provide the CMA with a written response copy 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 shall be deemed admittedUnion.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. (A) The parties hereto acknowledge that it is usually most desirable for an employee and supervisor to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve filing or pendency of any grievance herein defined. Ifunder the provisions of this Article shall in no way operate to impede, howeverdelay or interfere with the right of the City to take the action complained of, subject, however to the informal process fails to satisfy final disposition of the employee or the CMA, a grievance. (B) A grievance may be processed as follows: 1. The employee or withdrawn by the CMA grievant at any time at any step of this procedure, provided however, that the same grievance may present not be filed a second time by the same party after the grievance which must has been withdrawn. (C) Grievances shall be presented and adjusted in writing to the grievant’s supervisor with following manner. (1) Step 1 (a) An employee and/or the Association having a copy to the Associate Principal, or designated administratorgrievance may, within five ten (510) work days of the incident. It must contain the article and section occurrence of the agreement allegedly violated 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 remedy sought. The supervisor will arrange for a meeting to take place within five (5) work days after receipt grievance is based, the specific provision or provisions of the grievance. The CMA’s representative, the grievantAgreement allegedly violated, and the grievant’s supervisor shall be present for the meeting. Within five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decisionrelief requested. If the supervisor does grievance is not respond received within five (5) work daysthe stated time limits, the grievance shall be deemed admittedconsidered 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 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, then the CMA and/or the grievant employee may appeal the grievance in writing to the City Manager via the 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. The City Manager or designee shall communicate a decision in writing to the Associate Principal or designated administrator employee, and to the Association Representative within five ten (510) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with 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. (3. ) Step 3 (a) If the grievance is not resolved at Step 2, then the CMA and/or grievant employee may appeal the grievance in writing to the City Manager via the Human Resources Director within ten (10) days after receipt of the decision at Step 2. (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 City Manager or designee shall communicate a decision in writing to the Associate Superintendent for Human Resourcesemployee, and to the Association Representative within five ten (510) 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 shall be deemed admitted.

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 immediate involved supervisor to solve resolve problems through free and informal communicationcommunications. AccordinglyWhen requested by the employee, an Association representative may accompany the parties shall attempt employee to informally resolve any grievance herein definedassist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the CMAAssociation, a grievance may be processed as follows: 1. a. Step I – The employee or the CMA Association may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, building principal within five ten (510) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy soughtevent. The supervisor building principal will arrange for a meeting to take place within five ten (510) work days after receipt of the grievance. The CMAAssociation’s representative, the grievant, and the grievant’s supervisor principal shall be present for the meeting. Within five (5) work days after of the meeting, the supervisor shall provide the grievant and the CMA Association shall be provided with a the principal’s 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. 2. b. Step II – If the grievance is not resolved at Step 1I, then the CMA and/or grievant or the grievant Association Representative may appeal refer the decision in writing grievance to the Associate Principal Superintendent or designated administrator within five his assignee with ten (510) work days after the receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is laterI answer. The Associate Principal or designated administrator Superintendent shall arrange with the CMA grievant or the Association representative for a meeting to take place within five (5) work days after of the Superintendent’s receipt of this the appeal. Each party shall have the right to representation. Within five ten (510) work days after this of the meeting, the Associate Principal or designated administrator Association shall provide be provided with the CMA Superintendent’s receipt of the appeal. Each party shall have the right to representation. Within ten (10) days of the meeting, the Association shall be provided with a the Superintendent’s written response response, including the reasons for the decision. c. Step III – If the association is not satisfied with the disposition of the grievance at Step II, the Association may submit the grievance to final and binding arbitration through the American Arbitration Association which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the Associate Principal or designated administrator does not respond within five (5) work daysdate for the Step II answer, then the grievance shall be deemed admitted. 3withdrawn. If the grievance a demand for arbitration is not resolved at filed within thirty (30) days of the date for the Step 2II answer, then the CMA and/or grievant may 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 shall be deemed admittedwithdrawn. 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 supervisor to solve problems through free and informal communication. Accordinglynot resolved by the oral discussion, the parties shall attempt unit member or his/her association representative will reduce the grievance to informally resolve any grievance herein defined. If, however, writing and present it to the informal process fails immediate supervisor within ten (10) working days following the occurrence giving rise to satisfy the employee or the CMA, a grievance may be processed as follows: 1grievance. The employee or the CMA may present the grievance which must be 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 grievant’s supervisor with a copy next appropriate higher level of supervision within ten (10) regular workdays following the occurrence giving rise to the Associate Principalgrievance. Within five (5) workdays after receipt of the written grievance, this supervisor shall meet with the employee, Unit President or designated administratordesignee and shall, within five (5) work days 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 incident. It must contain the article and section receipt of the agreement allegedly violated Step 2 answer. Within ten (10) workdays after the receipt of the grievance, the Superintendent or designee shall meet with the grievant or his/her designee and the remedy soughtField Representative. The supervisor will arrange for a meeting to take place A written answer shall be provided by the Superintendent or designee within five (5) work days after receipt workdays of the grievanceStep 3 meeting. The CMA’s representative, Upon mutual agreement of the grievant, Association and the grievant’s supervisor shall District, any grievance affecting the entire unit or bargaining unit members in more than one building may be present for filed directly to the meeting. Within five Superintendent or designee within ten (510) work days after regular workdays following the meeting, occurrence giving rise to the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admittedgrievance. 2. A. If the grievance is not resolved at in Step 13, then the CMA and/or employee with the grievant may appeal approval of the decision in writing to Executive Committee of the Associate Principal or designated administrator Association, may, within five thirty (530) work days after from the receipt of the Step 1 response or within five (5) work days after the Step 1 meeting3 answer, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with a written response including the reasons for the decision. If the Associate Principal or designated administrator does not respond within five (5) work days, submit the grievance to the American Arbitration Association for arbitration in accordance with its voluntary labor arbitration rules. B. The fees and expenses of the arbitrator shall be shared equally by the parties. Each party shall be responsible for its own expenses for preparation, legal counsel, records, witnesses, and other costs necessary to arbitration. C. The decision of the arbitrator shall be final and binding on all parties. D. Unless the grievance is raised and appealed within the time limits set forth herein, which may be extended only by written consent of both the District and the Association, it shall be deemed admitted. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt that there has been a waiver of the Step 2 response or within five (5) work days after right to arbitration and 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 matter shall be deemed admittedclosed.

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 supervisor to solve administrator may resolve problems through free and informal communicationcommunications as long as the adjustment is not inconsistent with the terms of the collective bargaining agreement then in effect, provided the Bargaining Representative has been given an opportunity to be present at such adjustment. AccordinglyThe informal disposition of problems in no way prohibits the Association from filing a grievance, the parties shall attempt to informally resolve any grievance herein definednor does it establish a precedent. If, however, the informal process fails to satisfy the employee or the CMAHowever, a grievance may shall be processed as follows: 1. Step I The employee or the CMA may grievant shall present the grievance which must be in writing writing, signed, dated and specifying the remedy sought, to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, administrator within five (510) work days of the incident. It must contain occurrence, or date the article and section grievant had knowledge of the agreement allegedly violated occurrence, whichever is later, stating the Article and Section of the remedy soughtAgreement alleged to have been violated. The supervisor administrator will arrange for a meeting to take place within five ten (510) work days after of receipt of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor shall be present for the meeting. Within five ten (510) work days after of the meeting, the supervisor grievant shall provide be provided with the administrator’s written response, including reasons for the decision. Step II Failing to reach an amicable resolution at Step I, the grievant and may request a hearing on the CMA grievance with the Willow Grove Board of Education. The request for a Step II hearing with the Board of Education shall be submitted to the Board of Education President within ten (10) days of the administrator’s written response at Step I, or the grievance shall be deemed to have been withdrawn. Within thirty (30) days of the request 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 such witnesses as it deems necessary. Within ten (10) days of the hearing, the grievant shall be provided with the Board’s written response, including the reasons for the decision. Step III If the Association is not satisfied with the disposition of the grievance at Step II, the Association may submit the grievance to binding arbitration with the American Arbitration Association which shall act as the administrator of the proceedings. If a demand for arbitration is not filed with the supervisor does not respond Board within five thirty (530) work daysdays of the date of the Step II answer, then the grievance shall be deemed admittedto have been withdrawn. 2A. 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 grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with 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 admittedcosts. 3. E. If only one party requests the grievance is not resolved at Step 2postponement of an arbitration hearing, then that party shall bear the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt cost 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 shall be deemed admittedsuch postponement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and his/her immediately involved supervisor to solve resolve problems through free and informal communicationcommunications held outside the employee's work day. AccordinglyWhen requested by the employee, a Union representative may accompany the parties shall attempt employee to informally resolve any grievance herein definedassist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the CMAUnion, a grievance may be processed within 30 days of the incident giving rise to the grievance as follows: 1. A. The employee or the CMA grievant may present the grievance which must be in writing listing the desired resolution to the grievant’s supervisor with a copy grievance to the Associate Principal, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The immediately involved supervisor who will arrange for a meeting to take place within five six (56) work days after of the receipt of the grievance. The CMAUnion’s representative, the grievant, and the grievant’s immediately involved supervisor shall be present for at the meeting. Within five six (56) work days after following the meeting, the supervisor shall provide the grievant and the CMA Union shall be provided with a the supervisor's written response including the reasons reason(s) for the decision. If decision or the supervisor does not respond within five (5) work days, grievant may proceed to the grievance shall be deemed admittednext step. 2. B. If the grievance is not resolved at Step 1step "A", then the CMA and/or the grievant may appeal refer the decision in writing written grievance listing the desired resolution of the grievance to the Associate Principal building principal or designated administrator his official designee within five six (56) work days after receipt of the Step 1 response step "A" answer, or within five six (56) work days after the Step 1 meeting, whichever answer should have been received; the grievance shall be deemed withdrawn where it is laternot submitted to the building principal within said six (6)- day period. The Associate Principal or designated administrator principal shall arrange with the CMA grievant and the Union representative for a meeting to take place within five six (56) work days after of the principal's receipt of this appealthe grievance. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within five six (56) work days after this of the meeting, the Associate Principal or designated administrator grievant and the Union shall provide be provided with the CMA with a principal's written response response, including the reasons reason(s) for the decision. If , or the Associate Principal or designated administrator does not respond within five (5) work days, grievant may proceed to the grievance shall be deemed admittednext step. 3. C. If the grievance is not resolved at Step 2step "B", then the CMA and/or grievant may appeal refer the decision in writing written grievance listing the desired resolution of the grievance, to the Associate Assistant Superintendent for of Human Resources, Resources or his/her official designee within five six (56) work days after receipt of the Step 2 response step "B" answer, or within five six (56) work days after the Step 2 meeting, whichever answer should have been received; the grievance shall be deemed withdrawn if it is laternot submitted to the Assistant Superintendent of Human Resources within said six (6) day period. The Associate Assistant Superintendent for of Human Resources shall arrange with the CMA grievant and the Union representative for a meeting to take place within five six (56) work 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 "C", the grievance may be submitted to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association, which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of receipt of the step "C" answer, or within 30 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 daysanswer should have been received, the grievance shall be deemed admittedwithdrawn. 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. Any non-probationary paraprofessional may at any time present grievances to the administration without the intervention of the Association provided that the Association has been given the opportunity to be present at all meetings. The parties hereto acknowledge that it failure of non-probationary paraprofessional of the Association to act within the time limits will act as a bar to any further appeal and an administrator’s failure to render a decision or meet within the time limits set forth shall permit the non-probationary paraprofessional or Association to proceed to the next step. Time limits may be extended only by mutual agreement. Hearings and conferences held under this procedure shall be conducted by mutual agreement, but in a timely manner. Before a grievance is usually most desirable for an employee filed, a sincere attempt shall be made to resolve any differences informally between the aggrieved and supervisor to solve problems through free and informal communicationthe Supervisor. AccordinglyAt this meeting, the parties shall attempt Association is entitled to informally resolve any grievance herein definedbe represented if requested by the paraprofessional. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as follows: 1. FIRST STAGE The employee or the CMA may present filing of the grievance which at the first stage must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five thirty (530) work school days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) work days after receipt original occurrence of the grievance. The CMA’s meeting with the Supervisor or appropriate District representative, who has the grievantauthority to make a decision on the grievance, shall make such decision and communicate it in writing within ten (10) school days after the meeting, to the aggrieved, the Executive Director and the grievant’s supervisor shall be present for Association President. SECOND STAGE In the event a grievance has not been satisfactorily resolved at the first stage, the aggrieved paraprofessional or his/her Association designee, will file within ten (10) school days of the receipt of the Executive Director ‘s written decision or answer at the first stage, a letter to the Executive Director and/or his/her designee, requesting a meeting. Within five ten (510) work school days after the meeting, the supervisor decision will be communicated in writing to the paraprofessional, Supervisor and Association President. THIRD STAGE If grievance is not resolved satisfactorily to the Association after the second stage, there shall provide be a third step impartial arbitration. The Association may submit in writing, within thirty (30) days of the grievant and Executive Director’s decision, a request to enter into such arbitration. The parties shall jointly request the CMA with American Arbitration Association to submit to them a written response including the reasons for the decision. If the supervisor does not respond within list of five (5) work daysarbitrators’ names and qualifications. Either party may reject one list in its entirety and request that another list is submitted. From such list, the party requesting the arbitration shall strike two names and the other party shall strike two names. The person whose name remains shall be the arbitrator. The arbitrator selected shall be jointly notified of their selection and requested to contact the parties with respect to setting up a time for a hearing. All expenses incurred shall be shared equally by the Board and Association. Any legal expenses incurred should be paid for by the party engaging the legal counsel. Insofar as such arbitration is limited solely and simply to interpretation and implementation of the terms of this contract, both parties agree to abide by the results of the findings of the arbitrator. The arbitrator shall not have the power to add to, subtract from, alter, or modify in any way, any of the terms or conditions of this Agreement. It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specified Articles and Sections of the Agreement. A. He/she shall have no power to establish salary structures. B. He/she shall have no power to rule on any of the following: 1. The termination of services or failure to re-employ any probationary paraprofessional. 2. Any claim, or complaint, to which there is another remedial procedure, or forth-established law or regulation, having the force of law. 3. Any matter involving paraprofessional evaluation. C. He/she shall have no power to decide any questions, which under the Agreement are within the responsibility of management to decide. In rendering decisions, the arbitrator shall give due regard to the responsibilities of management and shall so construe such responsibilities, except as they may be specifically conditioned by the Agreement. D. If either party disputes the ability to arbitrate any grievance under the terms of this Agreement, the arbitrator shall have no jurisdiction to act until the matter has been determined by a court of competent jurisdiction. In the event that a case is appealed to an arbitrator, on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. E. All claims for back wages shall be limited to the amount of wages that a paraprofessional would have otherwise earned less any unemployment or other compensation that he/she may have received from any source during the period of back pay. No decision in any one case shall require a retroactive wage adjustment in any other case. In any case an award shall not go back further than the beginning of this Agreement. F. The fact that the grievance has been considered by the parties in the preceding steps of the grievance shall not constitute a waiver of jurisdictional limitations upon the arbitrator in the Agreement. G. All records related to the grievance shall be deemed admittedfiled separately from the personnel files of a paraprofessional during the time of grievance. 2. If H. By mutual agreement, any step of the grievance is not resolved at Step 1, then procedure may be bypassed. I. No reprisal shall be taken by the CMA and/or the grievant may appeal the decision in writing to the Associate Principal Board or designated administrator within five (5) work days after receipt SEDOM administration against any paraprofessional because of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is laterparaprofessional’s participation in a grievance. A reprisal shall not be considered any exercise of management’s prerogative as indicated by this agreement. J. A grievance may be withdrawn at any level but if withdrawn shall be treated as though never filed. K. The Associate Principal or designated administrator 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 Principal or designated administrator Board shall provide the CMA Association with a written response including the reasons public records necessary for the decision. If investigation of any grievance, provided a charge therefore may be made not to exceed the Associate Principal or designated administrator does not respond within five (5) work days, amount specified in the grievance shall be deemed admittedPublic Records Act. 3. If the grievance is not resolved L. The Association may be represented at Step 2, then the CMA and/or grievant may 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 any formal meeting, whichever which 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 part of this appeal. Within five (5) work days after this meetingprocedure, the Associate Superintendent for Human Resources and shall provide the CMA with receive 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 shall be deemed admittedcopy of all formal responses.

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 from taking up any claimed grievance with his/her immediate supervisor to solve problems through free and informal communication. Accordinglybefore formal filing of said grievance. A. Step One Within thirty (30) days of the date an alleged grievance occurs, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as follows: 1. The employee or the CMA may grievant must present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principalimmediately involved administrator (Step One Grievance Form located in Appendix 8), or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor who will arrange for a meeting to take place within five four (54) 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 five (5) work days after the meeting, the supervisor Said administrator shall provide the grievant and the CMA Association with a written response including answer to the grievance together with the reasons for the decision. If decision within four (4) days after the supervisor does not respond within five meeting (5) work days, the grievance shall be deemed admittedStep One Grievance Form-back located in Appendix 8B). 2. B. Step Two If the grievance is not resolved settled at Step 1One, then the CMA and/or the grievant grievance may appeal the decision be referred in writing to the Associate Principal Superintendent or designated administrator his/her designee within five ten (510) work days after the grievant’s receipt of the administrator’s answer at Step One, (Step Two Grievance Form located in Appendix 9). 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 9B). 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 Superintendent’s or designee’s answer to Step 1 response or within five Two, request in writing that the Association submit his/her grievance to arbitration (5) work days after the Step 1 meeting, whichever is laterTwo Grievance Form – back). The Associate Principal or designated administrator 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 meetingAssociation may, the Associate Principal or designated administrator shall provide the CMA with a by 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing notice to the Associate Superintendent for Human Resources, within five seven (57) work days after receipt of the Step 2 response or within five (5) work days after request from the Step 2 meetingemployee, 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, submit the grievance to binding arbitration (Step Three Grievance Form located in Appendix 10). Arbitration shall be deemed admitted.conducted in accordance with provisions which follow:

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for 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 supervisor will act as a bar to solve problems through free further appeal. An administrator's failure to give a decision within the prescribed time limits shall permit the grievant to proceed to the next step. The time limits may be extended by mutual consent. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee or their representative, shall be conducted so as to result in no interference with or interruption whatsoever of the duties and informal communicationrelated work activities of the grieving employee or of any other employee. Accordingly, the parties The employer shall solely determine whether an interference has occurred under this paragraph. STEP 1: An attempt shall be made to informally resolve any grievance herein definedunder this Article orally, through an informal discussion between the grievant and his/her immediate supervisor. IfIf requested by the alleged aggrieved employee, howevera 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 not resolved informally at the first step, the informal process fails to satisfy aggrieved employee shall file the employee 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 CMAAgreement 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 Union, within ten (10) working days following the meeting. STEP 3: In the event that the grievance has not been satisfactorily resolved in the second step, the grievance may be processed as follows: 1. The employee or the CMA may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administratorappealed, within five (5) work working days of the incident. It must contain the article and section receipt of the agreement allegedly violated written decision, to the County Conference Board, or their designee. The Board of Supervisors or their designee shall, within fifteen (15) days, respond to the grievance in writing to the employee and the remedy soughtUnion. The supervisor will arrange for a meeting to take place parties may by mutual Agreement and within five (5) work days after following the receipt of the written appeal to the County Conference Board, schedule a meeting to discuss the grievance. The CMA’s representativeCounty Conference Board or their designee shall respond in writing to the employee and Union, within ten (10) days following the grievant, meeting. Grievance must be taken up promptly and awards and settlements thereof shall in no case be retroactive beyond the grievant’s supervisor date on which the grievance was first presented in written form. STEP 4: Grievances not settled under the preceding steps shall be present for submitted to binding arbitration, at the meetingwritten request of the employee and Union. Requests must be received by the Employer within ten (10) working days of the receipt of the written response by the Employer to step three. Within five (5) work working days after from the meetingdate of the receipt of the written request for arbitration, the supervisor shall provide the grievant Employer and the CMA with 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 written response including the reasons for the decision. If the supervisor does not respond within list of five (5) work days, the grievance shall be deemed admitted. 2arbitrators. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five Within seven (57) work days after receipt of the Step 1 response or within five (5) work days after list by parties, they shall meet and by the Step 1 meeting, whichever 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 laterleft shall be the appointed arbitrator. The Associate Principal decision of the arbitrator shall be limited to the subject matter of the grievance and shall be restricted solely to interpretation and application of the terms of the Agreement where the alleged violation occurred. The arbitrator shall have no power to add to, subtract from or designated administrator modify in part or in whole, the terms or intent of any other part of this Agreement. Both parties shall arrange 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 employee does not have a grievance and all review by the Union shall cease. The employee and the Employer shall be notified immediately. Any employee, not a member of the Union, shall have the right at any time to present his/her grievance to the Employer for adjustment with or without intervention of the Union, as long as such adjustment is not inconsistent with the CMA representative terms of his Agreement. WAGE PLAN - ARTICLE 21 A. The WAGE PLAN for a meeting to take place within five (5) work days after the receipt terms of this appeal. Within five Agreement shall be those listed in Appendix "A" and "B". B. New employees other than seasonal, shall serve a six (56) work days after this meetingmonth probationary period, and shall be hired at the Associate Principal or designated administrator shall provide the CMA with a written response including the reasons minimum rate for the decision. If the Associate Principal or designated administrator does not respond within five (5) work days, the grievance shall be deemed admittedposition. 3C. Check-off for Credit Union: The Employer agrees to deduct from member's paycheck authorized deductions for General Drivers Credit Union. If the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing Same will be remitted to the Associate Superintendent for Human Resources, within five (5) work days after receipt Treasurer of the Step 2 response or within five (5) work days after the Step 2 meeting, whichever is laterUnion as provided above. 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 shall be deemed admitted.RULES AND REGULATIONS - ARTICLE 22

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an Level 1: Principal or immediate supervisor (Informal). An employee and 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 to solve problems through free and informal communication(Formal). AccordinglyIf the grievance cannot be resolved informally, the parties grievant may file the grievance in writing, with the building principal or immediate supervisor. The written grievance shall attempt to informally resolve any grievance herein defined. If, howeverstate the nature of the grievance, the informal process fails to satisfy specific provisions of the employee or Agreement allegedly violated, and the CMA, a grievance may be processed as follows: 1relief requested. The employee or filing of the CMA may present formal, written grievance at level two must be within twenty (20) days from the date of occurrence of the event giving rise to the grievance which must be or from the date when the grievant could reasonably have become aware of such occurrence. The building principal or immediate supervisor shall make a decision on the grievance and communicate it in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated employee and the remedy sought. The supervisor will arrange for a meeting to take place Union within five ten (510) work days after receipt of the grievance. The CMA’s representative, provided at the grievantrequest of the building principal or immediate supervisor, and a meeting shall be held with the grievant’s grievant to discuss such grievance, in which event the building principal or immediate supervisor shall be present for have additional time to respond. Such additional time shall not exceed fifteen (15) days from receipt of the meeting. Within five grievance or ten (510) work days after from the date of the meeting, if held, whichever shall be the supervisor shall provide lesser. Level 3: In the event a grievance has not been satisfactorily resolved at the second level, the grievant may file, within ten (10) days of the principal's or immediate supervisor's written decision at the second level, a copy of the grievance with the Executive Director of Human Resources or designee. Within seven (7) days after such written grievance is filed, the grievant and the CMA with a written response including Executive Director of Human Resources or designee shall meet to consider the reasons for 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 decisionemployee and the Union. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. Level 4: If the grievance is not resolved satisfactorily at Step 1level three, then the CMA and/or grievance may be submitted to impartial, binding arbitration. To enter such arbitration, the grievant may appeal Union shall submit a written request on behalf of the decision in writing Union and the grieving employee(s) to the Associate Principal Executive Director of Human Resources or designated administrator designee within thirty (30) days from receipt of the level three answer. The arbitrator shall be selected by the two parties within seven (7) days after said notice is given. If the two parties fail to reach agreement on an arbitrator, within seven (7) days the Public Employment Relations Board shall be requested to provide a panel of at least five (5) work days after receipt arbitrators, from which a selection shall be made in accordance with these practices: The Union shall request a list of the Step 1 response or within five (5) work days after arbitrators from the Step 1 meeting, whichever is laterPublic Employment Relations Board. The Associate Principal or designated administrator arbitrator shall arrange be selected by the two parties using an alternating strike-through process, with the CMA representative first strike-through determined by a coin toss and repeating the process until one arbitrator remains. The costs for a meeting the services of the arbitrator, and the cost of the hearing room shall be borne equally by the school district and the Union. Expenses relating to take place within five (5) work days after 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 receipt hearing at the request of this appeal. Within five (5) work days after this meetingeither party; however, the Associate Principal party requesting the copy of the transcript or designated administrator recording shall provide 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 CMA with a written response including date of the reasons for 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. If the Associate Principal or designated administrator does not respond within five (5) work days, the grievance His/her authority shall be deemed admitted. 3. If strictly limited to deciding only the grievance is not resolved at Step 2issue or issues presented to him/her, then the CMA and/or grievant may appeal the and his/her decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt must be based solely and only upon his/her interpretation of the Step 2 response meaning or within five (5) work days after application of the Step 2 meeting, whichever is laterexpressed relevant language of the Agreement. The Associate Superintendent for Human Resources shall arrange with decision of 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 arbitrator shall be deemed admittedfinal and binding on the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge If a teacher or the Association feels that it there is usually most desirable for an employee and supervisor to solve problems through free and informal communication. Accordinglya grievance, the parties teacher or Association Representative shall attempt first discuss the matter with the principal or other appropriate administrator. The teacher shall have the right to informally have his/her Association Representative assist him/her in efforts to resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as follows:problem informally. 1. The employee Level One - School Principal a. If the grievant is not satisfied with the outcome of the informal procedure, he/she may, within thirty (30) days following the act or the CMA may present conditions on which the grievance which must be is based, present his/her claim as a formal grievance to his/her principal or supervisor. b. The principal or supervisor shall, within ten (10) days, render his/her decision in writing to the grievant. 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 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 supervisor Grievance Committee for the purpose of resolving the grievance. c. The Superintendent or Designee shall, within ten (10) days after the hearing, render his/her decision in writing to the grievant with a copy to the Associate PrincipalAssociation’s Grievance Committee Chairperson. 3. Level Three - Board of Education a. If the grievant is not satisfied with the disposition of his/her grievance at Level Two, or designated administratorhe/she may file the grievance with 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, within five ten (510) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) work days after receipt of the appeal, meet with the grievant and with the representatives of the Association for the purpose of reviewing the grievance. The CMA’s representativemeeting shall be public or private, at the option of the grievant, and to the grievant’s supervisor shall be present for the meeting. Within five extent permitted by law. c. The Board shall, within ten (510) work days after the such meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the render its decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA grievant with a written response including copy to the reasons for Association’s Grievance Chairperson. 4. Level Four – Arbitration Individual teachers shall not have the decisionright to process grievances at Level Four. If the Associate Principal or designated administrator does not respond within five (5) work days, the grievance shall be deemed admitted. 3. If a satisfactory disposition of the grievance is not resolved at Step 2made as a result of the meeting provided for in Level Three above, then the CMA and/or grievant may Association shall have the right to appeal the decision dispute to an impartial arbitrator under and in writing to accordance with the Associate Superintendent for Human Resources, rules of the American Arbitration Association. Such appeal must be taken within five twenty (520) work days after from the date of receipt of the Step 2 response or within five (5) work days after decision following the Step 2 meeting, whichever is latermeeting provided for in Level Three above. The Associate Superintendent for Human Resources shall arrange Upon filing 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 meetingAmerican Arbitration Association, the Associate Superintendent for Human Resources shall provide HEA and the CMA with a written response Board may agree to process the appeal including case under the reasons for the decision. If the Associate Superintendent for Human Resources does not respond within five (5) work days, the grievance shall be deemed admittedExpedited Labor Arbitration Rules.

Appears in 1 contract

Samples: Master Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and his or her immediately involved supervisor to solve resolve problems through free and informal communicationcommunications. AccordinglyWhen requested by the employee, an Association representative may accompany him or her to assist in the parties shall attempt to informally resolve any grievance herein definedinformal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the CMAAssociation, a grievance may be processed as follows: 1. A. The employee or the CMA Association may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administratorwriting, within five twenty-one (521) work days of the incident. It must contain the article and section date of the agreement allegedly violated event giving rise to the grievance, to the immediately involved supervisor, which grievance shall state the part, article, section and clause of this Agreement alleged to be violated, misrepresented or misapplied and which grievance shall further state the remedy which is sought. The immediately involved supervisor will arrange with the grievant and, if requested, the Association’s representative, for a meeting to take place within five seven (57) work days after of the receipt of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor shall be present for the meeting. Within five seven (57) work days after of the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance Association shall be deemed admitted.provided with the supervisor’s written response 2. B. If the grievance is not resolved at Step 11.2.A, then the CMA and/or grievant or the grievant Association may appeal refer the decision in writing grievance to the Associate Principal Superintendent or his officially designated administrator representative within five seven (57) work days after receipt of the Step 1 response 1.2.A answer or within five fourteen (514) work days after the Step 1 1.2.A meeting, whichever is later. The Associate Principal or designated administrator Superintendent shall arrange with the CMA representative grievant and, if requested, the Association representative, for a meeting to take place within five seven (57) work days after of the Superintendent’s receipt of this the appeal. Each party shall have the right to include in its representation such witnesses and counsel as it deems necessary. Within five seven (57) work days after this of the meeting, the Associate Principal grievant and the Association shall be provided with the Superintendent’s written response. C. If the Association is not satisfied with the disposition of the grievance at Step 1.2.B. or designated administrator the time limits expire without the issuance of the Superintendent’s written reply, the grievance may be submitted to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association, which shall provide act as the CMA with a written response including Administrator of the reasons for the decisionproceedings. If a demand for arbitration is not filed within thirty (30) days of the Associate Principal or designated administrator does not respond within five (5) work daysdate for Step 1.2.B., then the grievance shall be deemed admittedwithdrawn. 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. If Each party will pay its own costs of representation and the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt cost of a transcript of the Step 2 response or within five (5) work days after the Step 2 meetingarbitration proceedings, 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 shall be deemed admittedif 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 Teacher's immediately involved supervisor to solve resolve problems through free and informal communicationcommunications. AccordinglyWhen requested by the Teacher, an Association representative may accompany the parties shall attempt Teacher to informally resolve any grievance herein definedassist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee Teacher or the CMAAssociation, a grievance may be processed as follows: 1. Step 1 - A grievance must be presented within thirty (30) days after the parties become aware of the occurrence that gives rise to the grievance. The employee Teacher or the CMA Association may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principalimmediately involved supervisor, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor who will arrange for a meeting to take place within five (5) work days after receipt of the grievance. The CMA’s Association's representative, the grievant, grievant and the grievant’s immediately involved supervisor shall be present for the meeting. Within five (5) work days after of the meeting, the supervisor shall provide the grievant and the CMA Association shall be provided with a the supervisor's 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. 2. Step 2 - If the grievance is not resolved at Step 1, then the CMA and/or Association may refer the grievant may appeal the decision in writing grievance to the Associate Principal Superintendent or designated administrator the Superintendent's official designee within five fifteen (515) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is lateranswer. The Associate Principal or designated administrator Superintendent shall arrange with the CMA Association representative for a meeting to take place within five (5) work days after of the Superintendent's receipt of this the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within five (5) work days after this of the meeting, the Associate Principal or designated administrator Association shall provide be provided with the CMA with a Superintendent's written response 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. 3. Step 3 - If the grievance is not resolved at Step 2, then the CMA and/or grievant Association may appeal refer the decision in writing grievance to the Associate Superintendent for Human Resources, Board of Education. The Board shall consider this item at a regular or special meeting within five fourteen (514) work days after receipt of notification from the Association that the Step 2 response or within five (5) work days after answer is unacceptable and the Step 2 meeting, whichever is laterreason therefore. The Associate Superintendent for Human Resources This meeting shall arrange with be conducted in executive session and each party shall have the CMA representative for a meeting right to take place within five (5) work days after the receipt of this appealinclude in its representation such witnesses and counselors as it deems necessary. Within five (5) work days after this of the meeting, the Associate Superintendent for Human Resources Association shall provide be provided with the CMA with a Board's written response to the appeal response, including the reasons for the decision. 4. Step 4 - If the Association is not satisfied with the disposition of the grievance at Step 3, the Association may submit the grievance to final and binding arbitration through the Federal Mediation and Conciliation Service (FMCS), which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the Associate Superintendent date for Human Resources does not respond within five (5) work daysthe Step 3 answer, then the grievance shall be deemed admittedwithdrawn. 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. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as follows: 1. The employee or the CMA may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) work days after receipt of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor Grievance proceedings shall be present for the meetingkept informal and confidential at all levels of this procedure. Within five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admittedBreach of confidentiality may result in disciplinary action. 2. If the grievance is not resolved The number of days indicated at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator shall arrange with the CMA representative for a meeting to take place within five (5) work days after the receipt each level of this appeal. Within five (5) work days after this meeting, the Associate Principal or designated administrator shall provide the CMA with 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 procedure shall be deemed admittedconsidered a maximum, and every effort shall be made to expedite the process. 3. If the grievance is not resolved at Step 2, then College fails to comply with the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt time limit requirements as set forth under any 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 daysprocedure levels, the grievance shall be deemed admittedconsidered automatically appealed to the next level of the procedure. 4. If the grievant fails to comply with the grievant’ s time limit requirements as set forth under any of the procedure levels, the grievance shall be considered null and void or, in the case of appeals, the previous decision by the College shall be final. 5. The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties. 6. A grievance shall not be considered unless the grievant files the grievance no later than ten (10) days after the grievant knew or reasonably should have known of the action that precipitated the grievance. 7. No reprisal or retaliation by any party to the grievance shall be taken against any party as a result of participation in the proceeding of a grievance. 8. A grievant and the party charged may be accompanied and represented at any hearing or meeting conducted under this procedure. 9. A staff member, acting individually, may present a grievance without the intervention of the Federation provided the grievance has been processed in accordance with this procedure. At any hearing of a grievance brought individually by a staff member, the Federation as a party to this Agreement, will be afforded the opportunity to be present and present its views. Any adjustment made shall be consistent with the provisions of this Agreement. 10. If a grievance affects a group of two or more staff members of the bargaining unit or involves a decision or action by the College that has a system‐wide impact, the Federation may submit the grievance on behalf of the affected staff members at Level Two of this procedure. The parties may submit this grievance at Level One if all of the members of the bargaining unit affected by the grievance have the same supervisor. 11. The parties may cooperate in any investigation that may be necessary in order to expedite the process. 12. All documents related to a grievance shall be maintained in a separate grievance file and shall not be kept in the personnel file of any of the grievance participants. 13. All grievances and grievance responses shall be filed and processed on grievance forms mutually agreed upon by the parties and contained in an Appendix of this Agreement. 14. Unless otherwise agreed to by the parties, the processing of grievances shall be conducted during work time. 15. All decisions shall be submitted in writing at each step of the grievance procedure and the decision shall be submitted to both the grievant and the Federation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor to solve problems through free and informal communicationA grievance normally will be processed in accordance with the procedure set forth below. Accordingly, If the parties shall attempt to informally resolve any grievance herein defined. 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 employee or Chancellor’s designee to have the CMAgrievance 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 grievance may be processed as follows:member of the Labor and Employee Relations Section of Staff Human Resources to participate in any meetings held in accordance with this Section. However, if requested Staff Human Resources personnel are unavailable, the moving party has the option to proceed without them. 1. a) The employee or employees involved, or a representative of the CMA may present Union acting on their behalf, shall discuss the grievance which must be in writing to with the grievant’s immediate supervisor. The supervisor with a copy to the Associate Principal, or designated administrator, shall respond within five two (52) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy soughtfrom this grievance meeting. The supervisor will arrange for a meeting to take place within five (5Union Xxxxxxx may attend this grievance meeting. b) 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 five (5) work days after the meeting, the supervisor shall provide If either the grievant and or the CMA with a written response including Union elects to appeal the reasons for the supervisor’s decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admittedreduced to writing and submitted to the Director of the Department within seven (7) workdays from the date of the grievance meeting with the immediate supervisor. 2. If c) The Director of the Department, or his or her designee, shall review the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision and typically respond in writing to the Associate Principal or designated administrator grievance within five seven (57) work days workdays after receipt receiving the grievance. This response will constitute the final position of the Step 1 response or within five (5) work days after Director of the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with a written response including the reasons for the decisionDepartment. If the Associate Principal Director determines that a grievance has implications beyond that department or designated administrator does not respond within five (5) work daysshould 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 designee, it shall do so, in writing, within seven (7) workdays after the Director of the Department’s decision is received or due. The appeal shall be deemed admitteddirected to the Campus Chancellor, or his designee. 3e) The Campus Chancellor, or his/her designee, shall fully investigate the grievance, including conducting a hearing if so requested by the Union or grievant. If The Campus Chancellor, or his/her designee, shall issue the grievance is not resolved at Step 2Campus Decision on the grievance, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resourceswriting, 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 shall be deemed admitted.seven

Appears in 1 contract

Samples: 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 supervisor every effort shall be made to solve problems through free and expedite the process. 17.3.2 Grievance proceedings shall be kept informal communication. Accordingly, at all levels of this procedure. 17.3.3 If the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process Institute fails to satisfy the employee or the CMA, a grievance may be processed as follows: 1. The employee or the CMA may present the grievance which must be comply in writing to the grievant’s supervisor or with a copy to the Associate Principal, or designated administrator, within five (5) work days its time limit requirements as set forth under any of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) 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 five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work daysprocedure steps, the grievance shall be deemed admittedconsidered automatically appealed to the next level of the procedure. 2. 17.3.4 If the grievance is not resolved at Step 1, then grievant fails to comply with the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt grievant’s time limit requirements as set forth under any of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with a written response including the reasons for the decision. If the Associate Principal or designated administrator does not respond within five (5) work daysprocedure’s steps, the grievance shall be deemed admittedconsidered null and void. 3. If 17.3.5 The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties. 17.3.6 A grievance shall not be considered unless the grievant initiates the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five no later than ten (510) work days after receipt of the Step 2 response or within five (5) work days after the Step 2 meetinggrievant knew or reasonably should have known of the action which precipitated the grievance and contains, whichever at a minimum, what contractual provision(s) of this collective bargaining agreement is lateralleged to have been violated, the facts constituting the alleged violation, the date of the incident giving rise to the grievance and the relief requested. 17.3.7 No reprisal or retaliation shall be taken against any person who participates in this procedure. 17.3.8 A grievant may be accompanied and represented by the Federation 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 Federation provided the grievance has been processed in accordance with this procedure. The Associate Superintendent grievant shall be responsible for Human Resources notifying the Federation in writing that a grievance is being filed. At any hearing or meeting related to a grievance brought individually by an employee, the Federation shall arrange 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 CMA representative for a meeting to take place within five (5) work days after the receipt provisions of this appeal. Within five (5) work days after this meetingAgreement. 17.3.11 If a grievance affects a group of two or more employees or involves a decision or action by the Institute which has a departmental or Institute-wide impact, the Associate Superintendent for Human Resources shall provide Federation may submit the CMA with 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 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 shall be deemed admittedmaintained 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 Level 1, all decisions shall be submitted in writing at each step of the grievance procedure and the decision shall be submitted to both the grievant and the Federation. 17.3.15 Grievances shall be filed on forms approved by the parties. 17.3.16 The parties shall maintain confidentiality for all grievance proceedings and for documents required by law to be kept confidential.

Appears in 1 contract

Samples: Part Time Faculty Contract

Procedures. The parties hereto acknowledge that it is usually most desirable for an Level 1: Principal or immediate supervisor (Informal). An employee and 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 to solve problems through free and informal communication(Formal). AccordinglyIf the grievance camiot be resolved informally, the parties grievant may file the grievance in writing, with the building principal or immediate supervisor. The written grievance shall attempt to informally resolve any grievance herein defined. If, howeverstate the nature of the grievance, the informal process fails to satisfy specific provisions of the employee or Agreement allegedly violated, and the CMA, a grievance may be processed as follows: 1relief requested. The employee or filing of the CMA may present formal, written grievance at level two must be within twenty (20) days from the date of occurrence of the event giving rise to the grievance which must be or from the date when the grievant could reasonably have become aware of such occurrence. The building principal or immediate supervisor shall make a decision on the grievance and communicate it in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated employee and the remedy sought. The supervisor will arrange for a meeting to take place Union within five ten (510) work days after receipt of the grievance. The CMA’s representative, provided at the grievantrequest of the building principal or immediate supervisor, and a meeting shall be held with the grievant’s grievant to discuss such grievance, in which event the building principal or immediate supervisor shall be present for have additional time to respond. Such additional time shall not exceed fifteen (15) days from receipt of the meeting. Within five grievance or ten (510) work days after from the date of the meeting, if held, whichever shall be the supervisor shall provide lesser. Level 3: hi the event a grievance has not been satisfactorily resolved at the second level, the grievant may file, within ten (10) days of the principal's or immediate supervisor's written decision at the second level, a copy of the grievance with the Executive Director of Human Resources or designee. Within seven (7) days after such written grievance is filed, the grievant and the CMA with a written response including Executive Director of Human Resources or designee shall meet to consider the reasons for 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 decisionemployee and the Union. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. Level 4: If the grievance is not resolved satisfactorily at Step 1level three, then the CMA and/or grievance may be submitted to impartial, binding arbitration. To enter such arbitration, the grievant may appeal Union shall submit a written request on behalf of the decision in writing Union and the grieving employee(s) to the Associate Principal Executive Director of Human Resources or designated administrator designee within thirty (30) days from receipt of the level three answer. The arbitrator shall be selected by the two parties within seven (7) days after said notice is given. If the two parties fail to reach agreement on an arbitrator, within seven (7) days the Public Employment Relations Board shall be requested to provide a panel of at least five (5) work days after receipt arbitrators, from which a selection shall be made in accordance with these practices: The Union shall request a list of the Step 1 response or within five (5) work days after arbitrators from the Step 1 meeting, whichever is laterPublic Employment Relations Board. The Associate Principal or designated administrator arbitrator shall arrange be selected by the two parties using an alternating strike-through process, with the CMA representative first strike-through determined by a coin toss and repeating the process until one arbitrator remains. The costs for a meeting the services of the arbitrator, and the cost of the hearing room shall be borne equally by the school district and the Union. Expenses relating to take place within five (5) work days after 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 receipt hearing at the request of this appeal. Within five (5) work days after this meetingeither party; however, the Associate Principal party requesting the copy of the transcript or designated administrator recording shall provide pay for such copy. The arbitrator so selected shall hold hearing(s) unless such liearing(s) are waived, and shall issue her/his decision not later than twenty (20) days from the CMA with a written response including date of the reasons for 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. If the Associate Principal or designated administrator does not respond within five (5) work days, the grievance His/her authority shall be deemed admitted. 3. If strictly limited to deciding only the grievance is not resolved at Step 2issue or issues presented to him/her, then the CMA and/or grievant may appeal the and his/her decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt must be based solely and only upon his/her interpretation of the Step 2 response meaning or within five (5) work days after application of the Step 2 meeting, whichever is laterexpressed relevant language of the Agreement. The Associate Superintendent for Human Resources shall arrange with decision of 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 arbitrator shall be deemed admittedfinal and binding on the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor An attempt shall be made to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. Ifin informal, howeververbal discussion between complainant and his/her immediate supervisor. (1) First Step: If grievance cannot be resolved informally, the informal process fails to satisfy aggrieved Teacher shall file the employee or the CMA, a grievance may be processed as follows: 1in writing on an official grievance form. The employee written grievance should state the nature of the grievance, should note the specific clause or clauses of the CMA may present agreement allegedly violated, and should state the remedy requested. The filing of the grievance which at the first step must be within ten (10) days from the date of the occurrence of the event giving rise to the grievance. The principal or other administrator who has authority to make a decision on the grievance shall make such decision and communicate it in writing to the grievant’s supervisor with Teacher and the Superintendent within ten (10) working days. (2) Second Step: In the event a copy to grievance has not been satisfactorily resolved at the Associate Principalfirst step, or designated administratorthe aggrieved Teacher shall file, within five (5) work school days of the incident. It must contain principal's written decision or answer at the article and section first step, a copy of the agreement allegedly violated grievance with the Superintendent. Within ten (10) school days after such written grievance is filed, the aggrieved, a representative of the aggrieved when requested by the grievant, the Principal and the remedy soughtSuperintendent, or his/her designee, shall meet to resolve the grievance. The supervisor will arrange for a Superintendent, or his/her designee, shall file an answer within ten (10) school days of the second step grievance meeting and communicate it in writing to take place the Teacher, the Principal, and the Federation. (3) Third Step: If the grievance cannot be settled at the second step, the grievance shall be submitted to the Board within five (5) work days after receipt of the grievanceschool days. The CMA’s representativeBoard hearing will be placed on the next regularly scheduled Board meeting, the grievant, and the grievant’s supervisor shall be present for the meeting. Within provided there is a minimum of five (5) work days after from the appeal to the Board meeting. The aggrieved, acting independently or through the Federation, may present a written brief to the Board and may request an oral hearing on the grievance, which will be granted at the discretion of the Board. If granted, the hearing will be conducted by the full Board or by a subcommittee of the Board with authority to decide the grievance, as the Board may designate. The decision on the grievance first presented in a third step grievance meeting, whether upon hearing or otherwise shall be made by the supervisor shall provide Board at a regular or special Board meeting within 45 days from the grievant and third step grievance meeting. (4) In the CMA with event a written response including grievance has not been satisfactorily resolved at the reasons for third step, the decision. If aggrieved Teacher acting independently or through the supervisor does not respond Federation may, within five (5) work 30 school days, submit the grievance to arbitration under the rules of the American Arbitration Association. The arbitrator shall follow the standard rules of the A.A.A., and his/her decision shall be deemed admitted. 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing binding on all parties only as applied to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator shall arrange with the CMA representative for a meeting to take place within five (5) work days after the receipt terms and conditions of this appeal. Within five (5) work days after this meeting, the Associate Principal or designated administrator shall provide the CMA with 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 admittedagreement. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 shall be deemed admitted.

Appears in 1 contract

Samples: Negotiated Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for 1. Stage 1 - Within twenty-eight (28) days after an employee and supervisor to solve problems through free and informal communication. Accordinglyalleged grievance occurred, the parties aggrieved teacher shall attempt present his grievance in writing to informally resolve any his/her immediate supervisor who shall discuss the grievance herein definedwith the aggrieved teacher, or with the teacher and his/her representative (s) if any. IfIf no mutual time for a meeting can be arranged within five (5) days after receipt of the written grievance, howeverthen arrangements shall be made to relieve the teacher of duties in order to meet with the person involved in each stage where applicable. 2. Intermediate Stage (Building Principal) - If the immediate supervisor is a department head, then Stage 2 will be the informal process fails building principal; if the immediate supervisor is a building principal, then appeal from Stage 1 will go directly to satisfy Stage 3. The procedures at Stage 2 shall follow the employee or the CMA, a grievance may be processed as follows: provisions of Stage 1. The employee or the CMA may present the grievance which must be building principal shall render a decision in writing to the teacher within seven (7) days after the hearing. 3. Chief Administrator Stage a. The Superintendent shall, within seven (7) days of receipt of a notice of the grievant’s intent to pursue the grievance to this step, notify the aggrieved teacher and immediate supervisor to submit written statements to him/her within seven (7) days setting forth the specific nature of the grievance, the facts relating thereto, and the determination(s) previously rendered. b. If such is requested, in the written statement of either party pursuant to paragraph “a” above, the Superintendent shall notify all parties concerned in the case of the time and place when a hearing will be held where such parties may appear and present oral and written statements supplementing their position in the case. Such hearings shall be held within seven (7) days of receipt of the written statements pursuant to paragraph “a”. c. The Superintendent shall render his determination in writing within fourteen (14) days after the written statements pursuant to paragraph “a” and/or “b” have been presented to him/her or the hearing provided for in paragraph “b” is held. 4. Board Stage - All written statements and records of the case shall be submitted to the President of the Board by the Superintendent. The Board may, at the request of either party or the Board itself, hold a hearing within fourteen (14) days of the initiation of this stage to obtain further information regarding the case. After receiving both the report of the Superintendent and the appeal of the aggrieved teacher, the Board shall render a decision. If no hearing is held such decision shall be rendered within fourteen (14) days of receipt of notice of appeal; if a hearing be held such decision shall be rendered within fourteen (14) days of the date of the hearing. 5. Arbitration Stage a. After such hearing, if the teacher and/or Association are not satisfied with the decision at Stage 4, and the Association determines that the grievance is meritorious and that appealing it is in the best interest of the school system, it may submit the grievance to arbitration by written notice to the Superintendent of Schools with a copy to the Associate PrincipalBoard within twenty-one (21) days of the decision at Stage 4. b. The parties shall select on a rotating basis from the following panel of arbitrators: Xxx Xxxxxx, Xxxxxx Xxxxxxxxx, and Xxxxxx Xxxxxxx. In the event that none of the aforementioned arbitrators are available in a timely fashion or designated administratordecline to hear a dispute, within the parties shall have five (5) work days within which to agree upon an alternate arbitrator from the American Arbitration Association. If no such agreement can be made, the matter shall be referred to the American Arbitration Association for designation. In either case, the Voluntary Labor Arbitration Rules of the incidentAmerican Arbitration Association shall be used. c. The selected arbitrator will hear the matter promptly. It must contain The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the article and section issue. d. The arbitrator shall have no power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the agreement allegedly violated terms of this Agreement. e. The decision of the arbitrator shall be final and binding upon all parties. f. The costs for the services of the arbitrator, including expenses, if any, will be borne equally by the District and the remedy soughtAssociation. 6. The supervisor will arrange AMERICANS WITH DISABILITIES ACT (ADA) Any dispute arising with regard to an employee's claim for a meeting to take place within reasonable accommodation shall be resolved through the grievance procedure, which shall be the exclusive remedy. Upon a notice of five (5) work days after receipt of the grievance. The CMA’s representativean intent to grieve, the grievant, and the grievant’s supervisor shall be present for the meeting. Within five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admittedthis dispute may proceed directly to arbitration. 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 shall be deemed admitted.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Procedures. The parties hereto acknowledge that it is usually most desirable for 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 supervisor will act as a bar to solve problems through free 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. Time limits may be extended by mutual consent. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee or their representative, shall be conducted so as to result in no interference with or interruption whatsoever of the duties and informal communicationrelated work activities of the grieving employee or of any other employee. Accordingly, the parties The employer shall solely determine whether an interference has occurred under this paragraph. STEP 1: An attempt shall be made to informally resolve any grievance herein defined. Ifunder this Article orally, howeverthrough an informal discussion between the grievant and his/her immediate supervisor. STEP 2: If the grievance is not resolved informally at the first step, the informal process fails to satisfy aggrieved employee shall file the employee 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 CMAAgreement 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 Union, within ten (l0) 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 processed as follows: 1. The employee or the CMA may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administratorappealed, within five (5) work working days of the incident. It must contain the article and section receipt of the agreement allegedly violated written decision, to the Board of Supervisors, or their designee. The Board of Supervisors or their designee shall, within fifteen (15) days, respond to the grievance in writing to the employee and the remedy soughtUnion. The supervisor will arrange for a meeting to take place parties may by mutual Agreement and within five (5) work days after following the receipt of the written appeal to the Board of Supervisors, schedule a meeting to discuss the grievance. The CMA’s representativeBoard of Supervisors or their designee shall respond in writing to the employee and Union, within ten (10) days following the grievant, meeting. Grievance must be taken up promptly and awards and settlements thereof shall in no case be retroactive beyond the grievant’s supervisor date on which the grievance was first presented in written form. STEP 4: Grievances not settled under the preceding steps shall be present for submitted to binding arbitration, at the meetingwritten request of the employee and Union. Requests must be received by the Employer within ten (10) working days of the receipt of the written response by the Employer to step three. Within five (5) work working days after from the meetingdate of the receipt of the written request for arbitration, the supervisor shall provide the grievant Employer and the CMA with aggrieved employee and the Union shall meet and either mutually agree upon an arbitrator or jointly petition the Iowa Public Employment Relations Board to submit a written response including the reasons for the decision. If the supervisor does not respond within list of five (5) work days, the grievance shall be deemed admitted. 2arbitrators. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five Within seven (57) work days after receipt of the Step 1 response or within five (5) work days after list by parties, they shall meet and by the Step 1 meeting, whichever 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 laterleft shall be the appointed arbitrator. The Associate Principal or designated administrator decision of the arbitrator shall arrange with be limited to the CMA representative 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. A. The WAGE PLAN for a meeting to take place within five (5) work days after the receipt terms of this appeal. Within five Agreement shall be those listed in Appendix "A". B. New employees other than seasonal, shall serve a six (56) work days after this meetingmonth probationary period, and shall be hired at the Associate Principal or designated administrator shall provide the CMA with a written response including the reasons minimum rate for the decision. If the Associate Principal or designated administrator does not respond within five (5) work days, the grievance shall be deemed admittedposition. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 shall be deemed admitted.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The 1. In order to limit the number of formal grievances and maintain the best possible employee/management relationships, any aggrieved person(s) shall discuss their concerns informally with the appropriate first level supervisors before proceeding with the formal procedure outlined below. An attempt shall be made by all parties hereto acknowledge that it is usually most desirable for an employee involved to resolve the matter informally and supervisor at the lowest supervisory level possible. 2. If informal attempts to solve problems through free and informal communication. Accordinglyresolve the problem are unsuccessful, the parties following process shall attempt be available for utilization by the aggrieved provided that such grievance shall be filed within ten (10) days of its occurrence. 3. Grievances shall be submitted in writing on forms prepared by the employer and available upon request from the superintendent’s office. All grievance forms must be properly completed and signed by all aggrieved persons and their respective bargaining unit representative. The following steps will be utilized in the formal grievance process. However, in order to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMAexpedite certain grievances, a grievance step or steps may be processed as follows: waived by mutual agreement of the parties involved. Step (1. The employee or ) Person(s) initiating the CMA may alleged grievance shall present the grievance which must be in writing to the grievant’s supervisor with a copy respective building principal or to the Associate Principal, or designated administrator, elementary principal within ten (10) days of its occurrence. The principal shall reply to the grievance within five (5) work days after initial presentation of the incidentgrievance. It must contain Step (2) If the article and section action of Step (1) fails to resolve the grievance to the satisfaction of the agreement allegedly violated and aggrieved, the remedy sought. The supervisor will arrange for a meeting grievance may be referred to take place the assistant superintendent within five (5) work days. The assistant superintendent shall reply to the grievance within five (5) days after receipt of the grievance. The CMA’s representativeStep (3) If the action of Step (2) fails to resolve the grievance to the satisfaction of the aggrieved, the grievant, and grievance may be referred to the grievant’s supervisor shall be present for the meeting. Within five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond superintendent within five (5) work days, . The superintendent shall reply to the grievance shall be deemed admitted. 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days of the receipt of the grievance. Step (4) If the action of Step (3) fails to resolve the grievance to the satisfaction of the aggrieved, the grievance may be referred to the board of education through the secretary to the board within five (5) days. The board of education will strive to reply to the grievance within twenty (20) days of its receipt by the board secretary. However, no board response will be delayed beyond the regularly scheduled board meeting that occurs at least twenty (20) days after receipt of the grievance by the secretary. Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with a written response including the reasons for the decision. If the Associate Principal or designated administrator does not respond within five action of Step (54) work daysfails to resolve the grievance to the satisfaction of the aggrieved, the grievance may be processed, with the consent of the Association, for binding arbitration by completion of the proper forms within ten (10) days in accordance with Section 903 of Act 195. However, the authority of the arbiter shall be deemed admitted. 3limited only to the language of this collective bargaining agreement. If the grievance is not resolved at Step 2fails to meet the criteria of Section 903 of Act 195, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt of the board of education in Step 2 response or within five (54) 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 shall be deemed admittedfinal.

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 supervisor to solve Administrator may resolve problems through free and informal communicationcommunications. Accordingly, The informal disposition of problems in no way prohibits the parties shall attempt to informally resolve any Association from filing a grievance herein definednor does it establish a precedent. If, however, the informal process fails to satisfy the employee or the CMAHowever, a grievance may shall be processed as follows: 1. 3.2.1 STEP I - The employee or the CMA may grievant shall present the grievance which must be in writing writing, signed, dated and specifying the remedy sought, to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, immediately involved administrator within five ten (510) work days of the incident. It must contain incident or within 45 calendar days, stating the article Article and section Section of the agreement allegedly violated and the remedy soughtAgreement alleged to have been violated. The supervisor administrator will arrange for a meeting to take place within five ten (510) work days after of receipt of the grievance. The CMAAssociation’s representative, the grievant, and the grievant’s supervisor immediately involved administrator shall be present for the meeting. Within five ten (510) work days after of the meeting, the supervisor shall provide the grievant and the CMA Association shall be provided with a the administrator’s 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. 2. 3.2.2 STEP II - If the grievance is not resolved at Step 1STEP I, then the CMA and/or Association shall refer the grievant may appeal the decision in writing grievance to the Associate Principal or designated administrator Superintendent’s official designee within five ten (510) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is laterSTEP I answer. The Associate Principal or designated administrator Superintendent shall arrange with the CMA Association representative for a meeting to take place within five (510) work days after of the Superintendent’s receipt of this the appeal. Within five ten (510) work days after this of the meeting, the Associate Principal or designated administrator Association shall provide be provided with the CMA Superintendent’s receipt of the appeal. Within ten (10) days of the meeting, the Association shall be provided with a the Superintendent’s written response response, including the reasons for the decision. 3.2.3 STEP III - If the Association is not satisfied with the disposition of the grievance at STEP II, the Association may submit the grievance to final and binding arbitration. The American Arbitration Association shall act as the administrator of the proceedings using the Voluntary Labor Arbitration Rules. If a demand for arbitration is not filed with the Associate Principal or designated administrator does not respond Board within five thirty (530) work daysdays of the Association’s receipt of the Step II answer, then the grievance shall be deemed admittedwithdrawn. 33.2.3.1 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 grievance is not resolved at Step 2costs. 3.2.3.6 If only one party requests the postponement of an arbitration hearing, then that party shall bear the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt cost 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 shall be deemed admittedsuch postponement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an A. Step One: An employee and supervisor to solve problems through free and informal communication. Accordingly, the parties with a complaint shall attempt to resolve the problem informally resolve any between the employee and his principal or immediate supervisor. If the complaint is not resolved informally it shall be reduced to writing by the employee who shall submit it to the principal or immediate supervisor. If an employee does not submit his grievance herein defined. Ifto the principal in writing within thirty (30) working days after the facts upon which the grievance is based first occur, howeveror first become known to the teacher, the informal process fails grievance will be deemed waived. The immediate supervisor or principal will arrange for a conference to satisfy take place within three (3) 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 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 or the CMA, a grievance may be processed as follows: 1. The employee or the CMA may present wishes to appeal the grievance which must be to Step Two, the employee may file the grievance in writing to the grievantSuperintendent of Schools within ten (10) working days after receipt of the principal's or supervisor’s supervisor with written answer. This shall be done by submitting a copy to the Associate Principal, or designated administrator, within five (5) work days of the incident. It must contain original grievance complaint along with an indication in writing of reasons why the article and section grievant does not believe the written decision of the agreement allegedly violated and the remedy soughtprincipal or immediate supervisor is adequate. The supervisor will Superintendent or his designee shall arrange for a meeting hearing with the grievant to take place within five (5) work 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. The CMA’s representativeIf the Superintendent is also the principal or immediate supervisor who heard the grievance at Step One, the grievantappeal 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 decision at Step Two (2) or if no decision has been rendered within fifteen (15) working days following the filing of the appeal, the grievant may request that the Association submit the grievance to mediation. The Association will notify the District of its intent to proceed to mediation within fifteen (15) working days following receipt of the decision made at Step Two. Within ten (10) working days of such notification the Association 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 American Arbitration Association, or another agency as mutually agreed. The parties shall separately rank and strike the names of mediators on the list and return their list to the appropriate agency for final mediation selection. Hearings shall be conducted in accordance with the rules of the agency that was selected. The mediator selected will confer with representatives of the district and the grievant’s supervisor 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 be present for prevent the meetingBoard and the Association from mutually agreeing on another method of mediation. D. Step Four: If the grievant is not satisfied with the decision at Step Three (3) or if no decision has been rendered within fifteen (15) working days following the filing of the appeal, the grievant may request that the Association submit the grievance to arbitration. The Association will notify the District of its intent to proceed to arbitration within fifteen (15) working days following receipt of the decision made at Step Three. Within five (5) work working days after of such notification the meetingAssociation shall request a list of arbitrators from the Federal Mediation & Conciliation Service or the American Arbitration 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 supervisor American Arbitration Association. The parties shall provide separately rank and strike the grievant names of arbitrator selection. Hearings shall be conducted in accordance with the rules of the agency that was selected. The arbitrator selected will confer with representatives of the district and the CMA with a written response including Association and hold hearing promptly and will issue his finding of fact, reasoning andconclusions on the reasons for issue submitted in writing not later than twenty (20) working days from the decisiondate 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 the supervisor does appeal at Step Three is not respond within five (5) work daysmade to the Board of Review, the grievance shall be deemed admitted. 2. If the grievance is not resolved appellant may, at Step 1appellant's option, then the CMA and/or the grievant may elect to appeal the decision in writing made at Step Three to the Associate Principal or designated administrator within five (5) work days after receipt Board of the Step 1 response or within five (5) work days after the Step 1 meetingReview, whichever before request for arbitration is latermade. The Associate Principal or designated administrator time limits set forth in Step Three shall arrange with the CMA representative apply to this optional additional appeal step. Thereafter request 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 Principal or designated administrator shall provide the CMA with 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 arbitration can be deemed admittedmade. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 shall be deemed admitted.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it ‌ It is usually most desirable for an employee and the employee's supervisor to solve resolve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defineddiscussions. If, however, the informal process fails to satisfy resolve the employee or the CMAissue, a grievance may shall be processed as follows: STEP 1. The employee or the CMA may present the : Any member covered by this Agreement who has a grievance which must be shall submit it in writing to the grievant’s supervisor with a copy to Xxxx of Academic Affairs or other person designated by the Associate PrincipalBoard for this purpose. The grievance shall set forth in detail all relevant facts upon which it is based, the provision or designated administrator, within five (5) work days provisions of the incident. It must contain the article and section of the agreement Agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting relief requested. 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 five fifteen (515) work 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. The CMA’s representative, A representative of the grievant, and Association will be given the grievant’s supervisor shall opportunity to be present for at such meeting and, if requested by the member, may represent the member at the meeting. Within five (5) work days after the meetingIf no settlement is reached, the supervisor Vice President of Instruction or his/her designee shall provide the grievant and the CMA with give a written response including the reasons for the decision. If the supervisor does not respond answer within five fifteen (515) work days, the grievance shall be deemed admittedcalendar days following their meeting. 2. STEP 3: If the grievance is not resolved settled at Step 1, then 2 and the CMA and/or the grievant may member wishes to appeal the decision grievance, it shall be referred in writing to the Associate Principal or designated administrator within five fifteen (515) work 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 response or within five (5Step 2) work days after shall discuss the Step 1 meeting, whichever is later. The Associate Principal or designated administrator shall arrange grievance with the CMA representative for member at a meeting to take place time mutually agreeable within five fifteen (515) work days after the receipt of this appeal. Within five (5) work days after this meeting, the Associate Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work calendar days after receipt of the Step 2 response or within five (5) work days after written grievance. A representative of the Step 2 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, whichever . If no settlement 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 meetingreached, the Associate Superintendent for Human Resources President or his/her designee shall provide the CMA with give a written response to the appeal including the reasons for the decision. If the Associate Superintendent for Human Resources does not respond answer within five fifteen (515) work days, the grievance shall be deemed admittedcalendar days following their meeting.

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 solve resolve problems through free and informal communicationcommunications. AccordinglyWhen requested by the employee, a local association member may accompany the parties shall attempt employee to informally resolve any grievance herein definedassist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the CMAAssociation, a grievance may be processed as follows: 1. 3.2.1 Step I - The employee or the CMA may present the grievance which must be presented in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administratorimmediately involved supervisor, within five ten (510) work working days of the incident. It must contain the article and section date of the agreement allegedly violated and event giving rise to the remedy sought. The supervisor grievance, who will arrange for a meeting to take place within five (5) work working days after the receipt of the grievance. The CMA’s representativeAssociation's representative (optional), the grievant, and the grievant’s immediately involved supervisor shall be present for the meeting. Within five (5) work working days after of the meeting, the supervisor shall provide the grievant and the CMA Association shall be provided with a the supervisor's written response response, including the reasons reason(s) for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. 3.2.2 Step II - If the grievance is not resolved at Step 1I, then the CMA and/or employee, or the grievant Association, may appeal refer the decision in writing grievance to the Associate Principal Superintendent or designated administrator the Superintendent's official designee within five (5) work working days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is laterI answer. The Associate Principal or designated administrator Superintendent shall arrange with the CMA Association representative for a meeting to take place within five (5) work working days after of the Superintendent's receipt of this the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within five (5) work working days after this of the meeting, the Associate Principal or designated administrator Association shall provide be provided with the CMA with a Superintendent's written response response, including the reasons reason(s) for the decision. 3.2.3 Step III - If the Association is not satisfied with the disposition of the grievance at Step II, 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 under the Voluntary Labor Arbitration Rules of the American Arbitration Association. The parties may use AAA, FMCS, or a mutual selection to determine an arbitrator. If a demand for arbitration is not filed within thirty (30) days of the Associate Principal or designated administrator does not respond within five (5) work daysdate for the Step III answer, then the grievance shall be deemed admittedwithdrawn. 3. If 3.2.4.1 Neither the grievance is Board of Education nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which has not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing previously been disclosed 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 shall be deemed admittedother party.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as follows:A. Level I B. Level II 1. If the problem is not resolved or no decision has been rendered within 10 days after the request for a written response, the grievant may submit a grievance to his/her Association Representative and/or the Association Grievance Committee member and immediate supervisor within 10 days. 2. The employee written grievance should state the nature of the grievance, should note the specific clause or clauses of the CMA agreement allegedly violated, and should state the remedy requested. The immediate supervisor shall be responsible for calling a meeting at a time mutually acceptable to the grievant and his/her Association Representative or Grievance Committee member, within 10 days after receipt of said grievance. The grievant shall notify the principal no later than two days before the scheduled meeting of the attendance of a Grievance Committee member instead of the Association Representative. Upon such notice, the principal may present the grievance which must be bypass this level and shall so indicate in writing to the grievant’s supervisor with a copy grievant within one day of such notice and send this grievance to Level III without responding to the Associate Principalgrievance itself. If a Level II grievance meeting is held, or designated administratorthe parties present shall jointly sign and date the Level II form, and the immediate supervisor shall render a written decision on the grievance to the parties involved, and to those parties listed on the Level II form, within five (5) work 10 days following the meeting. C. Level III 1. If the problem is not resolved or no decision has been rendered at Level II, the Grievance Committee of the Association shall, within 20 days of the incident. It must contain date that the article and section of Level II decision was or should have been rendered, make a judgment on the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) work days after receipt merits of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor shall be present for the meeting. Within five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. If the Grievance Committee decides that the grievance is not resolved at Step 1has merit, then the CMA and/or the grievant may appeal the decision it shall refer a Level IV grievance in writing to the Associate Principal Superintendent within 25 days from the date the Level II decision was or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with 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 admittedshould have been rendered. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 shall be deemed admitted.D. Level IV E. Level V

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an 1. An employee and supervisor to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, with a grievance may be processed as follows: 1. The employee shall first discuss it with the Manager Buildings and Grounds or designee, with the CMA may present object of resolving the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) 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 five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admittedmatter informally. 2. If the grievance is cannot be resolved at Step 1informally, then the CMA and/or the grievant may appeal file the grievance in writing, and, at a mutually agreeable time, discuss the matter with the Manager Buildings and Grounds. The grievant shall present to the Manager-Buildings and Grounds a written copy of the grievance within ten (10) days of the date of occurrence of the alleged violation. The written grievance shall state the nature of the grievance, the specific provisions of the Agreement allegedly violated, and the relief requested. The Manager–Buildings and Grounds shall make a decision on the grievance and communicate it in writing to the Associate Principal or designated administrator employee within five ten (510) work days after receipt of the Step 1 response or grievance. 3. In the event a grievance has not been satisfactorily resolved at step two, the grievant may file the grievance in writing, and at a mutually agreeable lime, discuss the matter with the Associate Superintendent–Human Resources. The grievant shall present to the Associate Superintendent and Human Resources a written copy of the grievance within five seven (57) work days after of the Step 1 meeting, whichever is laterwritten decision at step two by the Manager–Buildings and Grounds. The Associate Principal or designated administrator Superintendent–Human Resources shall arrange with make a decision on the CMA representative for a meeting grievance and communicate it in writing to take place the employee within five ten (510) work days after the receipt of this appeal. Within five (5) work days after this meeting, the Associate Principal or designated administrator shall provide the CMA with a written response including the reasons for the decisiongrievance. 4. If the Associate Principal or designated administrator does not respond within five (5) work daysgrievance remains unresolved, the grievant may file the grievance in writing with the Superintendent or designee. The grievant shall be deemed admittedpresent to the Superintendent or designee a written copy of the grievance within seven (7) days of the administrator's written decision at step three. Within ten (10) days after such written grievance is filed, the grievant and Superintendent or designee shall meet to consider the grievance. The Superintendent or designee shall make a decision on the grievance and communicate it in writing to the employee within ten (10) days after such meeting. 35. If the grievance is not resolved satisfactorily at Step 2step four, then the CMA and/or grievant grievance may appeal be submitted to impartial, binding arbitration. To enter such arbitration, the decision in writing Union shall submit a written request on behalf of the Union and the grieving employee(s) to the Associate Superintendent for Human Resources, within five thirty (530) work days after from receipt of the Step 2 response or step four answer. The Arbitrator shall be selected by the two parties within five seven (57) work days after the Step 2 meeting, whichever said notice 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 decisiongiven. If the Associate Superintendent two parties fail to reach agreement on an arbitrator, within seven (7) days the American Arbitration Association shall be requested to provide a panel of at least seven (7) arbitrators, from which a selection shall be made in accordance with its practices. The cost for Human Resources does not respond within five (5) work daysthe services of the 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 the request of either party; however, the grievance party requesting the 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). The arbitrator, in his decision, shall not amend, modify, nullify, ignore or add to the provisions of the agreement. His authority shall be deemed admittedstrictly limited to deciding only the issue or issues presented to him, and his decision must be based solely and only upon his interpretation of the meaning or application of the expressed relevant language of the Agreement. The decision of the arbitrator shall be final and binding on the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as follows:‌ a. STEP 1 (FACT FINDING). 1. The employee or the CMA may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) 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 five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of Union must file the Step 1 response with the appropriate supervisor within fourteen (14) calendar days from the date the employee knew or within five (5) work days after should have known of the Step 1 meetingact or occurrence that caused the dispute, whichever is later. Issues concerning representation are covered in Section 6 of this Article. Step 1 procedures will not be used for grievances over disciplinary actions as further detailed in Section 12. 2. The Associate Principal or designated administrator shall arrange with purpose of the CMA representative Step 1 Fact-Finding Process is to establish the facts underlying the dispute and attempt resolution of the dispute. This early factual clarification may be sufficient to focus the parties’ attention on the crux of the dispute and lead to an early resolution of the matter. A Step 1 Fact-Finding conference will bring together relevant people and documents to try to determine the relevant facts in a dispute. There are many advantages to the Step 1 Fact-Finding conference. One advantage of the Step 1 Fact Finding conference is that it allows the parties and witnesses to comment on the events involved in the dispute while it is still fresh in their minds. Another advantage of the Step 1 Fact-Finding conference is that the parties may ask questions that help further clarify the facts involved in the dispute and may also provide more relevant information than more traditional ways of obtaining information. 3. A conference will be held within seven (7) calendar days from the date the dispute is brought to attention of Management/Union and involve the following parties: the employee, the appropriate level supervisor and their respective representatives. Within seven (7) calendar days from the conference, management will issue a Memorandum for Record (MFR) of the meeting. If no resolution was reached, the employee may file a meeting to take place Step 2 grievance within five twenty (520) work calendar days after of the receipt of this appealthe MFR. 4. Within five (Formal ADR procedures may only be invoked after the Step 1 grievance has been completed. 5) work days after this meeting, . Waivers of the Associate Principal or designated administrator shall provide Step 1 Fact-Finding Process must be coordinated with the CMA with a written response including Labor Relations Specialist when management and union officials agree that the reasons for the decisionStep 1 Fact-Finding Process would serve no useful purpose. If the Associate Principal Step 1 Fact-Finding Process is waived, the grievant may proceed to Step 2 of the grievance procedures. b. STEP 2. 1. If the matter is not mutually resolved during the Step 1 Fact-Finding Process or designated administrator does not respond within five (5) work daysthe Step 1 Fact-Finding procedure has been waived, the grievant may submit the matter in writing to the . Supervisor of the Step 1 official. In cases of grievances from Letters of Reprimand, the grievance shall will be deemed admittedfiled with the supervisor of the issuing official. . 2. The Step 2 grievance must be presented to the grievant’s second-line supervisor or equivalent within twenty (20) calendar days from the date of receipt of the MFR regarding the Step 1 Fact-Finding Process, unless otherwise specifically provided in this Agreement. 3. The written grievance will state the nature of the complaint or issue, names of individuals involved, evidence and where it can be located, the relief (corrective action) requested by the grievant, and be signed by the grievant or their personal representative. 4. In cases of grievances concerning technical determinations and actions by the XXXX/CPOC, the Step 2 grievance will be submitted through the appropriate XXXX Representative for a recommendation. 5. The individual receiving the Step 2 grievance will meet with the grievant(s) and the grievant's representative within ten (10) calendar days of receipt of the grievance in a mutual effort to resolve the grievance. 6. A written Step 2 decision will be given to the grievant within twenty (20) calendar days following submission of the Step 2 grievance and shall indicate to the individual the appropriate official to receive the next step, if the grievance is further pursued. c. STEP 3. 1. If the grievance is not resolved at Step 2, then the CMA and/or grievant may, within twenty (20) calendar days after receipt of the written Step 2 decision, submit the grievance to the supervisor of the Step 2 official. In cases of grievances from disciplinary actions other than Letters of Reprimand, the grievance will be filed with the supervisor of the deciding official. 2. In cases of grievances concerning technical determinations and actions by the XXXX/CPOC, the Step 3 grievance will be submitted through the appropriate XXXX representative for a recommendation. 3. The Step 3 submission will include the written material at Step 2 and written reasons why the Step 2 decision was not acceptable. The grievant may appeal request a personal meeting with the 3rd Step official, which may be granted or denied by that official. Issues not presented at Step 2 will not be considered at Step 3. 4. The 3rd Step official will review the record of the case, investigate as necessary, and give the employee a written decision in writing to the Associate Superintendent for Human Resources, within five thirty (530) work calendar 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 shall be deemed admitted3 grievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as follows:A. Step 1. 1. The employee or the CMA may present the grievance which must be in writing to Management Representative shall schedule a meeting between the grievant’s supervisor with a copy to , the Associate Principalgrievant's Xxxxxxx/AFSCME Employee Representative, or designated administratorxxxxxxxx's supervisor, and any other appropriate individual within five fifteen (515) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) work days after following receipt of the grievance. The CMA’s representativegrievant shall have the right to present any evidence in support of the grievance at this meeting. If the meeting does not result in resolution of the grievance, the grievantManagement Representative will proceed with processing the grievance and issuing a written decision, and stating the reasons therefore, to the grievant’s supervisor shall be present for 's Xxxxxxx/AFSCME Employee Representative within thirty (30) days following the meeting. Within five (5) work days after conclusion of the meeting, unless an extension has been granted. If an extension was granted, the supervisor decision shall provide 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 CMA with a written response including the reasons for the decisionAFSCME local union president if grievant elected not to be represented by AFSCME. If the supervisor does not respond within five (5) work days, the grievance The decision shall be deemed admittedtransmitted by personal delivery with written documentation of receipt or by certified mail, return receipt requested. 2. Where practicable, the Management Representative shall make available to the grievant or xxxxxxxx'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 is not resolved at Step 1, then the CMA and/or the grievant may appeal file a written request for review with the decision Assistant Vice President of Human Resources or his/her designee, on a Request of Step 1 Decision form, as set forth in writing to the Associate Principal or designated administrator Appendix D of this Agreement, within five fourteen (514) work days after following receipt of the Step 1 response decision by xxxxxxxx’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 five thirty (530) work days after following the conclusion of the meeting. In the absence of an agreement to extend the period for issuing the Step 1 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, whichever is later. 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 Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with 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 decision shall be deemed admittedtransmitted 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 the agreement to mediate. The costs of the mediation shall be evenly split by the parties. C. Step 3 - Arbitration. 1. If the grievance is not resolved at Step 2, then the CMA and/or grievant or at mediation, AFSCME may appeal the decision in writing to the Associate Superintendent Arbitration on a Request for Human Resources, Arbitration Form within five fourteen (514) work days after receipt of the Step 2 response or decision. The arbitration shall normally be scheduled within forty-five (545) work days after of receipt of the Step 2 meetingNotice of Arbitration form or, whichever is laterif applicable, the conclusion of mediation. 2. The Associate Superintendent University and AFSCME may, by written agreement, submit related grievances for Human Resources shall arrange with hearing before 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 shall be deemed admittedsame arbitrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee Employee and supervisor to solve the Board may resolve problems through free and informal communicationcommunications. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMAHowever, a grievance may shall be processed as follows: 1. A. Step 1 – The Association, an individual employee or the CMA may group of employees shall present the grievance which must be in writing to the grievant’s immediately involved supervisor with a copy to the Associate Principal, or designated administrator, within five twelve (512) work days of the incident. It must contain occurrence giving rise to the article and section grievance, or when the Association or the grievant should reasonable have had knowledge, unless the violation is of the agreement allegedly violated and the remedy soughta continuing nature. The supervisor will arrange for a meeting to take place within five (5) work days after receipt of the grievance. The CMAAssociation’s representative, the grievant, grievant and the grievant’s immediately involved supervisor shall be present for the meeting. Within five twelve (512) work days after of the meeting, the supervisor shall provide Association and the grievant and shall be provided with the CMA with a supervisor’s 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. 2. B. Step 2 – If the grievance is not resolved at Step 1, then the CMA and/or Association may refer the grievant may appeal the decision in writing grievance to the Associate Principal or designated administrator Board of Education within five fifteen (515) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is lateranswer. The Associate Principal or designated administrator Board President shall arrange with the CMA representative Association representative, for a meeting to take place with the Board of Education within five fifteen (515) work days after of the Board’s receipt of this the appeal. Within five ten (510) work days after this meeting, of the Associate Principal or designated administrator meeting the Association shall provide be provided with the CMA with a Board of Education’s written response including the reasons for the decision. . C. Step 3 – If the Associate Principal or designated administrator does Association is not respond within five (5) work days, satisfied with the disposition of the grievance shall be deemed admitted. 3. If the grievance is not resolved at Step 2, then it may submit the CMA and/or grievant may appeal the decision in writing grievance to the Associate Superintendent for Human Resources, final and binding arbitration within five twenty (520) work days after of receipt of the Step 2 response Board’s decision. Unless the parties can come to a mutual agreement on the selection of an arbitrator, the parties will submit a joint request to either the American Arbitration Association (AAA) or within five the Federal Mediation and Conciliation Service (5) work days after FMCS). Selection of the Step 2 meeting, whichever is laterarbitrator and proceedings for the hearing shall be conducted in accordance with the voluntary labor arbitration rules of AAA. The Associate Superintendent for Human Resources arbitrator shall arrange be without power or authority to make any decision which is contrary to, inconsistent with, or which modifies or varies the terms of this Agreement; or which limits or interferes with the CMA representative for a meeting Board’s duties, powers or responsibilities under applicable law. The sole power of the arbitrator shall be to take place within five (5) work days after determine if the receipt terms of this appealAgreement have been violated, misinterpreted, or misapplied. Within five (5) work days after this meetingThe decision and/or award of the arbitrator, the Associate Superintendent for Human Resources shall provide the CMA if made in accordance 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 dayshis jurisdiction, the grievance shall be deemed admittedbinding on the parties.

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 supervisor to solve problems through free and informal communication. Accordinglythe basis of the grievance, the parties grievant may file a grievance under Step One of the procedure, or such grievance shall attempt be deemed to informally be waived. The Council and the 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 released without loss of pay or benefits as necessary to participate in the arbitration hearing. Any other employees called upon by the arbitrator to appear at the arbitration hearing during school hours will be released on the basis of administrative leave. B. Step One: A grievant shall first discuss the grievance with her/his principal and/or immediate supervisor, to resolve any grievance herein definedthe matter informally. If, however, If the grievant is not satisfied with the informal process fails to satisfy the employee disposition, she/he may file a written grievance with her/his principal or the CMA, a grievance may be processed as follows: 1. The employee or the CMA may present the grievance which must be in writing to the grievant’s immediate supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days of following the incident. It must contain the article and section of the agreement allegedly violated and the remedy soughtinformal discussion. The principal or immediate supervisor will arrange for a meeting to take place shall give her/his written decision within five (5) work days after following receipt of the written grievance. The CMA’s representative, the grievant, and the grievant’s supervisor shall be present for the meeting. . C. Step Two: Within five (5) work days after following receipt of the meetingprincipal's or immediate supervisor's decision, the supervisor grievant may submit a written appeal to the human resources administrator or her/his designee. The appeal shall provide include a copy of the decision rendered at Step One. 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 and at least three (3) days prior to the CMA with a 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 response including the reasons for the decision. If the supervisor does not respond decision within five (5) work days, days following the grievance shall be deemed admittedhearing. 2. If the grievance is not resolved at D. Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator shall arrange with the CMA representative for a meeting to take place within five (5) work days after the receipt of this appeal. Three: Within five (5) work days after this meeting, the Associate Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after following receipt of the Step 2 response human resources administrator or within five (5) work days after her/his designee's decision, the Step 2 meeting, whichever is latergrievant may submit a written appeal to the superintendent’s designee. The Associate Superintendent for Human Resources appeal shall arrange with include a copy of the CMA representative for decision rendered at Steps One and Two. Written notice of the time and place of a meeting to take place within five (5) work days after hearing before the receipt of this appeal. Within five (5) work days after this meeting, the Associate Superintendent for Human Resources superintendent’s designee shall provide the CMA with a written response be given 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 shall be deemed admitted.grievant at least three

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 immediate involved supervisor to solve resolve problems through free and informal communicationcommunications. AccordinglyWhen requested by the employee, an Association representative may accompany the parties shall attempt employee to informally resolve any grievance herein definedassist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the CMAAssociation, a grievance may be processed as follows: 1. a. Step I − The employee or the CMA Association may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, building principal within five ten (510) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy soughtevent. The supervisor building principal will arrange for a meeting to take place within five ten (510) work days after receipt of the grievance. The CMAAssociation’s representative, the grievant, and the grievant’s supervisor principal shall be present for the meeting. Within five (5) work days after of the meeting, the supervisor shall provide the grievant and the CMA Association shall be provided with a the principal’s 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. 2. b. Step II − If the grievance is not resolved at Step 1I, then the CMA and/or grievant or the grievant Association Representative may appeal refer the decision in writing grievance to the Associate Principal Superintendent or designated administrator within five his assignee with ten (510) work days after the receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is laterI answer. The Associate Principal or designated administrator Superintendent shall arrange with the CMA grievant or the Association representative for a meeting to take place within five (5) work days after of the Superintendent’s receipt of this the appeal. Each party shall have the right to representation. Within five ten (510) work days after this of the meeting, the Associate Principal or designated administrator Association shall provide be provided with the CMA Superintendent’s receipt of the appeal. Each party shall have the right to representation. Within ten (10) days of the meeting, the Association shall be provided with a the Superintendent’s written response response, including the reasons for the decision. c. Step III − If the association is not satisfied with the disposition of the grievance at Step II, the Association may submit the grievance to final and binding arbitration through the American Arbitration Association which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the Associate Principal or designated administrator does not respond within five (5) work daysdate for the Step II answer, then the grievance shall be deemed admittedwithdrawn. 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. If The fees and the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt expenses 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 arbitrator shall be deemed admittedshared equally.

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 supervisor to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy Terminal Manager will hold a meeting with the employee or within five (5) working days of receiving written notice of the CMA, grievance. This notice will be time and date stamped upon receipt to indicate the start of the five (5) days. The Terminal Manager will provide the aggrieved party with a written answer to the grievance may be processed as follows: 1within five (5) working days after the meeting. Such answer shall include the reasons upon which the decision was based. The employee or and Terminal Manager shall each be entitled to representation as described in 4534(4). Level I If the CMA employee is not satisfied with the disposition of his/her grievance at the informal level, he/she may present file a written grievance with the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate PrincipalDirector of Transportation, or designated administratordesignee, within five (5) work days working days. This notice will be time and date stamped upon receipt to indicate the start of the incident. It must contain the article and section of the agreement allegedly violated and the remedy soughtfive (5) days. The supervisor Director of Transportation, or designee, will arrange for hold a meeting to take place with the employee within five (5) work working days after receipt of receiving the written grievance. The CMA’s representative, the grievant, employee and the grievant’s supervisor Director of Transportation, or designee, shall each be present for the meetingentitled to representation as described in 4534(4). Within five (5) work days after the meetingThe Director of Transportation, the supervisor shall or designee, will provide the grievant and the CMA aggrieved party with a written response including answer to the reasons for the decision. If the supervisor does not respond grievance within five (5) work days, working days after the grievance meeting. Such answer shall be deemed admitted. 2include the reasons upon which the decision was based. If Level II In the grievance event the employee is not resolved at Step 1satisfied with the response in Level I, then the CMA and/or the grievant may appeal the decision request, in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meetingwriting, whichever is later. The Associate Principal or designated administrator shall arrange a hearing 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 meetingChief Human Resources Officer, the Associate Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resourcesdesignee, within five (5) work working days after receipt of the Step 2 response resulting from Level I. This notice will be time and date stamped upon receipt to indicate the start of the five (5) days. The Chief Human Resources Officer, or designee, will contact the grievant within five (5) work 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 each be entitled to representation as described in 4534(4). Within ten (10) working days of the hearing, the Chief Human Resources Officer, or designee, shall submit an answer, in writing, to the grievant. Level III In the event the bus driver is not satisfied with the 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 Level 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 Step 2 meeting, whichever is laterconclusion of testimony and argument. 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 Expenses for the decisionhearing officer's services and the proceedings shall be borne equally by the employer and the employee. If the Associate Superintendent hearing officer is unable to provide a neutral and cost-free site for Human Resources does not respond within five (5) work dayshearings, the grievance District and Association will mutually agree upon using a District or CCTEA, FRUU, or CEA property. However, each party shall be deemed admitted.responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, they may cause such a record to be made, providing they pay for the 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 acknowledge that it is usually most desirable for an employee and supervisor Step 1 A good faith attempt shall be made to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance ibn an informal discussion between the grievant and the appropriate supervisor. Although nothing herein defined. If, howevershall prevent an employee from having Association representation throughout any step of the grievance procedure, the Association and the Board strongly encourage employees and their supervisors to resolve problems in an informal process fails to satisfy atmosphere, without third party intervention, using this open dialogue and good faith before disputes become formal grievances. Step 2 If the employee grievance cannot be resolved informally, the grievant or the CMAAssociation may file the grievance in writing with the Director of Buildings and Grounds, a grievance may be processed as follows: 1or other appropriate supervisor. The employee or written grievance should state the CMA may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days nature of the incident. It must contain grievance, the article and section specific clause or clauses of the agreement allegedly violated Agreement violated, and the remedy soughtrequested. Filing of the written grievance must be done within fifteen (15) days, or as otherwise mutually agreed between the Board and the Association, from the date of the occurrence of the event giving rise to the grievance or when the grievant could reasonably have had knowledge thereof. The supervisor will arrange for a meeting to take place shall within five ten (510) work days after of receipt of the grievance Step 3 In the event a grievance has not been satisfactorily resolved at Step 2, the grievant or the Association shall file, within seven (7) days of the written answer to Step 2, or, if no answer is received within the time specified in Step 2, within seven (7) days of the date when the answer was due, a copy of the grievance with the Superintendent or his/her designee. Within ten (10) days after such written grievance is filed, a meeting shall be scheduled with the aggrieved, a representative of the Association, the supervisor, and the Superintendent or his/her designee. The CMA’s representative, Superintendent or his/her designee shall file an answer with the grievant, the supervisor, and the grievant’s supervisor shall be present for the Association President within seven (7) days of that meeting. Within five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. Step 4 If the grievance is not resolved at Step 1resolved, then the CMA and/or Association may refer the grievant may appeal the decision in writing grievance to arbitration by giving written notice to the Associate Principal Superintendent or designated administrator his/her designee within five ten (510) work days after of the receipt of the Step 1 response 3 answer or, if no answer is received within the time specified in Step 3, within ten (10) days of the date when the answer was due, or within five (5) work days after extend the Step 1 meeting, whichever is latertime lines upon mutual agreement of the parties. The Associate Principal arbitrator shall be selected from a panel(s) to be secured from the American Arbitration Association, which shall act as administrator of the proceedings. The parties may, by mutual agreement, submit more than one grievance to the same arbitrator. The arbitrator shall have no right or designated administrator authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of the Agreement. The fees and the expenses of the arbitrator shall arrange with be divided equally between the CMA representative Board and the Association, provided that each party shall be responsible for compensating its own representatives or witnesses. If one party requests a meeting to take place within five (5) work days after written transcript, that party shall pay the receipt of this appealentire cost for the transcript. Within five (5) work days after this meetingIf both parties request a transcript, the Associate Principal or designated administrator shall provide the CMA with 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 cost shall be deemed admitteddivided equally between the Board and the Association. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 shall be deemed admitted.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge Board and the Federation agree that it is usually most desirable for an the employee and supervisor the principal to solve resolve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein definedcommunications. If, however, the informal process fails to satisfy the employee or the CMAemployee, a grievance may be processed as follows: 1. Step I The employee or the CMA Federation may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principalprincipal, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor who will arrange for a meeting to take place within five (5) work days after receipt of the grievance. The CMAgrievant’s representative, the grievantemployee, and the grievant’s supervisor principal shall be present for the meeting. Within five (5) work days after of the meeting, the supervisor Grievant shall provide be provided with the grievant and the CMA with a principal’s 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. 2. Step II If the grievance is not resolved at Step 1I, then the CMA and/or employee or the grievant Federation may appeal refer the decision in writing grievance to the Associate Principal or designated administrator Superintendent within five ten (510) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is laterI answer. The Associate Principal or designated administrator Superintendent shall arrange with the CMA representative Grievant for a meeting to take place within five ten (510) work days after of the Superintendent’s receipt of this the appeal. Within five ten (510) work days after this of the meeting, the Associate Principal or designated administrator Grievant shall provide be provided with the CMA with a Superintendent’s written response response, including the reasons for the decision. . Step III If the Associate Principal or designated administrator does Grievant is not respond within five (5) work dayssatisfied with the answer at Step II, the grievance shall be deemed admitted. 3. If Grievant may submit the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, Board of Education within five ten (510) work days after receipt of the Step 2 response or within five (5) work days after response, to be discussed at the Step 2 next regular board 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 of the meeting, the Associate Superintendent for Human Resources Grievant shall provide be provided with the CMA with a Board’s written response to the appeal response, including the reasons for the decision. Step IV If the Federation is not satisfied with the disposition of the grievance at Step III the Federation may submit the grievance to final and binding arbitration under the Voluntary Arbitration Rules of the American Arbitration Labor Arbitration Rules of the American Arbitration Association, which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the Associate Superintendent date for Human Resources does not respond within five (5) work daysthe Step III answer, the grievance shall be deemed admittedwithdrawn.

Appears in 1 contract

Samples: Support Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee 1. Any grievance arising between the Employer and supervisor to solve problems through free and informal communication. Accordingly, the parties Union or any employee(s) represented by the Union shall attempt to informally resolve any grievance herein defined. If, however, be settled in the informal process fails to satisfy the employee or the CMA, a grievance may be processed as followsfollowing manner: STEP 1. The aggrieved employee or the CMA may employees must present the grievance which must be in writing to the grievant’s first line supervisor with a copy to through the Associate Principal, or designated administrator, shop xxxxxxx within five (5) work working days after knowledge of the incidentgrievance or the reason for the grievance has occurred. It must contain If a satisfactory settlement is not reached with the article and section first line supervisor within three (3) working days, the grievance may be appealed to Step 2. STEP 2. The union business representative shall then take the matter up with a representative of the agreement allegedly violated and the remedy soughtemployer with authority to act upon such grievance. The supervisor will arrange for a meeting to take place A decision must be made within five (5) work days after receipt working days. STEP 3. If no satisfactory settlement can be agreed upon, the matter may be referred to the 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 modify this Agreement or establish new terms or conditions under this Agreement. A mutual settlement of the grievance 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 expense of the Arbitrator selected or appointed shall be borne equally by the Employer and the Union. The Local Union, or its authorized representative, shall have the right to examine the time sheets and other records pertaining to the computation of compensation of any individuals whose pay is in dispute or records pertaining to a specific grievance. The CMA’s representative, procedures set forth herein may be invoked only by an authorized representative of the grievant, and Employer or the grievant’s supervisor Union. An appeal to arbitration shall be present for the meeting. Within five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision instituted in writing to the Associate Principal or designated administrator within five twenty (520) work calendar days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator shall arrange with the CMA representative for a meeting to take place within five (5) work days after from the receipt of this appeal. Within five (5) work days after this meeting, the Associate Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved decision at Step 2, then within twenty-five (25) calendar days from presenting the CMA and/or grievant may grievance at Step 2. Failure at any step of this procedure to appeal the decision in writing a grievance to the Associate Superintendent for Human Resources, next step 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 specified time limit shall be deemed admittedto 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 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 proceed to the next step. However, a failure to render a decision shall not be considered as an acquiescence to the grievance.

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 his immediately involved supervisor to solve resolve problems through free and informal communicationcommunications. AccordinglyWhen requested by the teacher, an Association representative may accompany the parties shall attempt teacher to informally resolve any grievance herein definedassist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee teacher or the CMAAssociation, a grievance may be processed as follows: 1. Step #1 The employee teacher or the CMA Association may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor principal who will arrange for a meeting to take place within five seven (57) work days after receipt of the grievance. The CMA’s representativegrievant, a representative if desired by the grievantteacher, and the grievant’s supervisor principal shall be present for the meeting. Within five seven (57) work days after of the meeting, the supervisor grievant shall provide be provided with the grievant and the CMA with a principal’s 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. 2. Step #2 If the grievance is not resolved at Step #1, then the CMA and/or the grievant may appeal refer the decision in writing grievance to the Associate Principal Superintendent or designated administrator his/her official designee within five six (56) work days after receipt of the Step #1 response or within five (5) work days after the Step 1 meeting, whichever is lateranswer. The Associate Principal or designated administrator Superintendent shall arrange with the CMA representative grievant or the Association for a meeting to take place within five ten (510) work days after of the Superintendent’s receipt of this the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within five ten (510) work days after this of the meeting, the Associate Principal employee or designated administrator the Association shall provide be provided with the CMA with a Superintendent’s written response response, including the reasons for the decision. Step #3 If the Associate Principal grievant is not satisfied with the disposition of the grievance at Step #2 or designated administrator does the time limits expire without the issuance of the Superintendent’s written reply, the Association may submit the grievance to final and binding arbitration. If a demand for arbitration is not respond filed within five thirty (530) work daysdays of the date for the Step #2 answer, then the grievance shall be deemed admittedwithdrawn. The arbitration proceeding shall be conducted by an Arbitrator to be selected by the two parties within seven (7) days after said notice is given. If the two parties fail to reach agreement on an Arbitrator within seven (7) days, the American Arbitration Association will be requested to provide a panel of seven (7) arbitrators. Each of the two parties will alternately strike one name at a time from the panel until only one shall remain. The remaining name shall be binding on the parties. Expenses for the Arbitrator’s services shall be borne equally by the district and the Association. His authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the district and the Association and his decision must be based solely and only upon his interpretation of the meaning or application of the express relevant language of the Agreement. 1. A grievance arising from action of an administrator above the building level must be filed at Step #2. 2. No teacher shall be required to discuss any grievance in the absence of a representative unless said teacher so desires. 3. If the grievance When a teacher is not resolved represented by the Association, the Association at Step 2, then its request shall have the CMA and/or grievant may appeal the decision in writing right to the Associate Superintendent for Human Resources, within five (5) work days after receipt receive a copy of the Step 2 response formal, final disposition of the grievance. 4. No reprisals of any kind shall be taken by the Board or within five (the Administration against a teacher because of his/her participation in this grievance procedure. 5) work days after the Step 2 meeting, whichever is later. The Associate Superintendent for Human Resources shall arrange All records dealing with the CMA representative for processing of 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 shall be deemed admittedfiled separately from the personnel files of the participants. 6. The time limits at any step of this grievance procedure may be extended by written mutual agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor to solve problems through free and informal communication. Accordingly17.2.1 Before filing a formal, written grievance, the parties shall grievant should attempt to informally resolve the grievance by an informal conference with his/her immediate supervisor. The grievant may choose to have a representative of the Association present at the informal 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 grievance herein defined. If, howeverlevel of the procedure. 17.2.3 Level I 3.1 Within twenty (20) duty days of when the grievant knew or reasonably should have known of the act or omission which gave rise to the grievance, the informal process fails to satisfy the employee or the CMA, a grievant must present such grievance may be processed as follows: 1. The employee or the CMA may present the grievance which must be in writing to the grievant’s supervisor with immediate supervisor. The grievance shall consist of a copy to the Associate Principalclear, or designated administrator, within five (5) work days concise statement of the incident. It must contain problem, the article and section provision of the agreement allegedly violated Agreement involved, and the specific remedy sought. The immediate supervisor will arrange for a meeting to take place shall meet with the aggrieved party and/or designated Association representative within five three (53) work duty days after of receipt of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor shall be present for the meeting. Within five (5) work days after the meeting, the immediate supervisor shall provide the grievant and the CMA with a written response disposition of the grievance, including the reasons for the decision. therefore, to all parties of interest within two (2) duty days of such meeting. 17.2.4 Level II 17.2.4.1 If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. If the grievance grievant is not resolved satisfied with the decision at Step 1Level I, then or if no decision is given within the CMA and/or time limit, within three (3) duty days after receipt of the Level I response, the grievant may appeal the decision in writing to the Associate Principal Superintendent or designated administrator Superintendent's designee with a copy simultaneously provided to the 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 five three (53) work duty days after receipt of the Step 1 response or within five appeal. 17.2.4.2 Within the above time limit (5) work days after the Step 1 meeting17.2.4.1), whichever is later. The Associate Principal or designated administrator shall arrange either party may request and receive a personal conference with the CMA representative for a meeting to take place 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 five (5) work days after the receipt of this appeal. Within five (5) work days after this meetingtime limit, the Associate Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resourcesgrievant, within five (5) work duty days after the receipt of the Step 2 response or Level II response, may request in writing that the Association submit the grievance to Advisory Arbitration. The Association, by written notice to the Superintendent within fifteen (15) duty days of the 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) work duty days after of the Step 2 meetingnotice, whichever is later. The Associate Superintendent for Human Resources the parties shall arrange with request of the CMA representative for American Arbitration Association a meeting to take place within list of five (5) work days after names of persons experienced in hearing grievances. Each party shall alternatively strike a name until only one name remains. Lot shall determine the receipt order of this appeal. Within five (5) work days after this meetingstrike. 17.2.5.1.1 In each dispute, the Associate Superintendent for Human Resources shall provide arbitrator shall, as soon as possible, hear evidence and render a decision on the CMA with a written response to the appeal including the reasons for the decisionissue(s) so submitted. If the Associate Superintendent for Human Resources does parties cannot respond within five (5) work daysagree 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 opportunity to make written arguments, the arbitrator shall submit the findings and recommendations which shall be deemed admittedadvisory to the parties. The arbitrator will have no power to add to, subtract from, or modify the terms of the Agreement or the written policies, rules, regulations. 17.2.5.1.2 The fees and expenses of the arbitrator and each hearing shall be borne equally by the District and the Association. All other expenses, except for released time for the grievant(s), Association representative(s) and witnesses, will be borne by the party incurring them. 17.2.5.1.3 If any question arises of the arbitrability of the grievance, such questions will be ruled upon by the same arbitrator only after he/she has had an opportunity to hear the merits 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 supervisor a. First step: An attempt shall be made to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. Ifin informal, howeververbal discussion between the grievant(s) and his/her immediate superior. b. Second step: If the grievance cannot be resolved informally, the informal process fails to satisfy grievant(s) shall file the employee or grievance in writing with the CMA, a grievance may be processed as follows: 1administrator(s). The employee or administrator(s) shall meet with the CMA may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, grievant(s) within five four (54) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) work days after receipt of the grievance. The CMA’s representativeadministrator(s),who have authority to make a decision on the grievance, shall make such decision and communicate it in writing, with reasons, to the grievant, grievant(s) and the grievant’s supervisor shall be present for the meeting. Within five Superintendent within six (56) work days after the meeting. c. Third step: In the event a grievance has not been satisfactorily resolved at the second step, the supervisor grievant(s) shall provide file a copy of the grievant grievance with the Superintendent within ten (10) days of the written decision or answer at the second step. Within four (4) days after such written grievance has been received, the aggrieved, representative of the aggrieved, the principal and the CMA 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 a written response including reasons, to the reasons for grievant(s), the decision. administrator(s) and the Association. d. Fourth step: If the supervisor does grievant(s) is not respond within five (5) work dayssatisfied with the decision at the third step, the grievance grievant(s) may appeal to the Board within ten (10) days after having received the written decision of the Superintendent. The appeal shall be deemed admittedin 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 . 2. e. Fifth step: If the grievance is not resolved at Step 1settled in accordance with the foregoing procedure, then the CMA and/or Association, but not the grievant teacher, may appeal refer the decision in writing to the Associate Principal or designated administrator grievance, within five ten (510) work days after receipt of the Board's answer in Step 1 response or within five (5) work days after 4, to binding arbitration under the Step 1 meetingVoluntary Labor Arbitration Rules of the American Arbitration Association, whichever is laterwhich shall act as the administrator of the proceedings. The Associate Principal arbitrator shall have no right to amend, modify, nullify, ignore, add to, or designated administrator shall arrange with subtract from the CMA representative for a meeting to take place within five (5) work days after the receipt provisions of this appealAgreement or any applicable policy. Within five (5) work days after this meetingHe/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 Associate Principal applicable laws and rules and regulations having the force and effect of law. The arbitrator's decision shall be based solely upon his/her interpretation of the meaning or designated administrator shall provide application of the CMA with a written response including specific terms of this Agreement involved as applied to the reasons for the decision. If the Associate Principal or designated administrator does not respond within five (5) work days, facts of the grievance presented. Charges of the American Arbitration Association and the fees of the arbitrator shall be deemed admitted. 3divided equally between the Board and the Association. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 All other expenses shall be deemed admittedborne 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 his/her immediately involved supervisor to solve resolve problems through free and informal communicationcommunications. Accordingly, An attempt shall be made by the parties shall attempt grieving party to informally resolve any grievance herein definedby means of an informal verbal communication between the grievant and his/her immediately involved supervisor. If, however, the informal process fails to satisfy the employee or the CMAgrievant, a grievance may be processed as follows: 1. The employee or the CMA may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) 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 five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. If the grievance is not resolved at Step 1informally, then the CMA and/or grievant shall present the grievant may appeal the decision grievance in writing to the Associate Principal or designated administrator Designee. The grievance shall specify the article and clause alleged to have been violated and shall state the remedy sought. The grievance shall be initiated at this step within five ten (510) work days after receipt from the point the grievant becomes aware of the Step 1 response alleged xxxxx-tion, or within five (5) work days after the Step 1 meetingshould have become aware, whichever is later. The Associate Principal or designated administrator Designee shall arrange with the CMA representative for a meeting to take place with the grievant within five ten (510) work days after the receipt of this appealthe grievance. Within five (5) work days after this meeting, the Associate The Principal or designated administrator Designee shall provide the CMA with a written response including answer to the reasons for grievant within ten (10) days of the decision. If receipt of the Associate Principal or designated administrator does not respond within five (5) work days, the grievance shall be deemed admittedscheduled meeting. 3. If the grievance is not resolved at Step 2B, then the CMA and/or grievant aggrieved may appeal refer the decision in writing grievance to the Associate Superintendent for Human Resources, or Designee within five ten (510) work days after the receipt of the Step 2 response or within five (5) work days after the Step 2 meeting, whichever is laterB answer. The Associate Superintendent for Human Resources shall or Designee shall 4. arrange with the CMA representative for a meeting to take place within five ten (510) work days after the of his/her receipt of this the appeal. Within five ten (510) work days after this of the meeting, the Associate Superintendent for Human Resources grievant shall provide be provided with the CMA with a Superintendent’s written response response. 5. Within thirty (30) school days after receiving the decision, the Union may submit the grievance to arbitration under the appeal including Voluntary Labor Arbitration rules of the reasons Federal Mediation and Conciliation Service. Expenses for the decision. If the Associate Superintendent for Human Resources does not respond within five (5) work days, the grievance arbitration services shall be deemed admittedborne equally by the School Board and the Union. The School Board and the Union shall pay for their own representation and transcript costs.

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 solve resolve problems through free and informal communicationcommunications. AccordinglyWhen requested by the employee, an Association representative may accompany the parties shall attempt employee to informally resolve any grievance herein definedassist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the CMAAssociation, a grievance may be processed as follows: 1. The : ! Step I—Within twenty (20) days following the occurrence of the event giving rise to the grievance, the employee or the CMA Association may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principalimmediate supervisor, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor who will arrange for a meeting to take place within five ten (510) work days after receipt of the grievance. The CMA’s representative, written grievance shall include: 1) the grievant, and the grievant’s supervisor shall be present factual basis for the meetinggrievance; 2) the provisions of this agreement which are alleged to have been violated or misapplied; and 3) a specific remedy requested. Within five ten (510) work days after of the meeting, the supervisor shall provide the grievant and the CMA Association shall be provided with a the immediate supervisor’s 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. 2. ! Step II—If the grievance is not resolved at Step 1I, then the CMA and/or Association may refer the grievant may appeal the decision in writing grievance to the Associate Principal Superintendent or designated administrator the Superintendent’s official designee within five ten (510) work days after the receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is laterI answer. The Associate Principal Superintendent or designated administrator designee shall arrange with the CMA representative Association representatives for a meeting to take place within five ten (510) work days after of the Superintendent’s receipt of this the appeal. Each party shall have the right to include in its representation such witnesses and internal representatives as it deems necessary to develop the facts pertinent to the grievance. Within five ten (510) work days after this of the meeting, the Associate Principal Association shall be provided with the Superintendent or designated administrator shall provide the CMA with a designee’s written response response, including the reasons for the decision. ! Step III—If the Associate Principal or designated Association is not satisfied with the disposition of the grievance at Step II, the Association may submit the grievance to final and binding arbitration through the American Arbitration Association (“AAA”), which shall act as the administrator does of the proceedings. If a demand for arbitration is not respond filed within five twenty (520) work daysdays of the date for the Step II answer, then the grievance shall be deemed admittedwithdrawn. 3a. 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 grievance is not resolved at Step 2, then cost of the CMA and/or grievant may appeal two transcripts shall be divided equally between the decision in writing parties. If a copy of the transcript shall be furnished to the Associate Superintendent for Human Resourcesarbitrator, within five (5) work days after receipt the cost of such shall be paid as part of the Step 2 response or within five (5) work days after costs for the Step 2 meeting, whichever is later. The Associate Superintendent arbitration proceedings. d. All claims for Human Resources back wages 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 be limited to the appeal including 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 reasons for the decision. If the Associate Superintendent for Human Resources does not respond within five (5) work days, the grievance shall be deemed admittedperiod 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 immediate supervisor to solve resolve problems through free and informal communicationcommunications. AccordinglyWhen requested by the employee, an M.E.E.A. representative may accompany the parties shall attempt employee to informally resolve any grievance herein definedassist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the CMAemployee, a grievance may be processed as follows: 1. a. STEP I - The employee or the CMA may present the grievance which must be in writing to the grievant’s immediately involved supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work twenty school days of the incident. It must contain occurrence which precipitated the article and section grievance, or within twenty school days of when the Association became aware of the agreement allegedly violated and occurrence which precipitated the remedy soughtgrievance. The supervisor will arrange for a A meeting may be required to take place within five (5) work days after receipt discuss the specific details or merits of the grievance. The CMA’s Such a meeting would include the M.E.E.A. representative, the grievant, and the grievant’s supervisor shall be present for the meetingimmediately involved supervisor. Within five (5) work 2 days after the of this meeting, if held, or within five days of receipt of the supervisor shall provide written grievance, the grievant and the CMA M.E.E.A. shall be provided with a the supervisor's 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 admittedwhere pertinent and appropriate. 2. b. STEP II - If the grievance is not resolved at Step 1I, then the CMA and/or employee may refer the grievant may appeal the decision in writing grievance to the Associate Principal superintendent or designated administrator the superintendent's official designee within five (5) work 15 days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is laterI answer. The Associate Principal or designated administrator superintendent shall arrange with the CMA M.E.E.A. representative for a meeting to take place within five (5) work 5 days after of the superintendent's receipt of this appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within five (5) work 5 days after this of the meeting, the Associate Principal or designated administrator employee shall provide be provided with the CMA with a superintendent's written response 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 admittedwhere pertinent and appropriate. 3. c. STEP III - If the grievance is not resolved at in Step 2I and II, then the CMA and/or grievant employee may appeal refer the decision in writing grievance to the Associate Superintendent for Human Resources, Board within five (5) work 15 days after receipt of the Step 2 response or within five (5) work days after the Step 2 meeting, whichever is laterII answer. The Associate Superintendent for Human Resources Board shall arrange with the CMA M.E.E.A. representative for a meeting to take place within five (5) work 5 days after of the Board's receipt of this the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within five (5) work 5 days after this of the meeting, the Associate Superintendent for Human Resources employee shall provide be provided with the CMA with a Board's written response to the appeal response, including the reasons for the decision. If the Associate Superintendent for Human Resources does not respond within five (5) work days, the grievance shall be deemed admittedwhere pertinent and appropriate.

Appears in 1 contract

Samples: Professional Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor An attempt shall first be made to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein definedin informal discussion between the complainant and his/her building principal (or Superintendent if filed directly at Step II). If, however, the informal process fails to satisfy the employee or the CMAeither party, a formal grievance may be processed as follows: 1. The employee or the CMA may present STEP I BUILDING PRINCIPAL If the grievance which must cannot be resolved informally, a grievance shall be filed in writing to with the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, principal within twenty-five (525) work days from the date of the incident. It must contain the article and section occurrence of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting event giving rise to take place within five (5) work days after receipt of the grievance. The CMA’s representativewritten grievance shall state the nature of the grievance, the grievantspecific clause or clauses of the Agreement allegedly violated, misinterpreted or misapplied, and the grievant’s supervisor shall be present for the meetingremedy requested. Within five (5) work days of receipt of the grievance, the principal shall schedule a meeting to discuss the matter with the grievant, or representative if the grievant is represented. The principal shall make a decision and communicate it in writing to the grievant(s), the Association, and the Superintendent within ten (10) days after the meeting. STEP II SUPERINTENDENT In the event a grievance has not been satisfactorily resolved at Step I, an appeal may be filed, in writing, to the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond Superintendent within five (5) work daysdays of delivery of the principal’s written decision. The Superintendent shall, within ten (10) days after receipt of the written appeal, schedule a meeting with the grievant, or representative if the grievant is represented. The Superintendent shall make a decision and communicate it in writing to the grievant, the principal (if applicable) and the Association within ten (10) days of the meeting. Class grievances involving one or more Unit Members from different school buildings or any grievance involving the act of an Administrator above the building level shall be initially filed at Step II of the grievance process. STEP III BOARD OF EDUCATION If the grievance has not been satisfactorily resolved at Step II, an appeal may be filed in writing to the Board President within five (5) days of delivery of the Superintendent’s written decision. The grievant, independently, or the Association shall present a written brief to the Board and may file a written request for an oral hearing on the grievance that will be granted at the discretion of the Board President. Such brief and/or request for oral hearing is to be filed within fourteen (14) days after the appeal of the grievance has been submitted to the Board President. If the oral hearing is granted, the hearing will be conducted by the full Board or by a subcommittee of the Board, as the Board President may designate. Such hearing shall be held on or before the next regularly-scheduled Board meeting. If, however, the request for oral hearing is submitted to the Board President less than five (5) days prior to the next regularly-scheduled Board meeting, any hearing that is granted shall take place on or before the second-next regularly-scheduled Board meeting following the Board President’s receipt of the hearing request. The Board shall make a decision on the grievance and communicate it in writing to the grievant, the Association, the Superintendent and the principal, on the next business day following the next regularly-scheduled Board meeting following the meeting at which the hearing was held or the subcommittee’s recommendation is delivered to the Board. STEP IV ARBITRATION If the grievance has not been satisfactorily resolved at Step III, it may be submitted to final and binding arbitration through the American Arbitration Association (AAA), which shall act as the administrator of such further proceedings and whose arbitration rules shall govern. The grievant shall provide contemporaneous notice of the demand for arbitration to the Superintendent. If a demand for arbitration is not filed within twenty (20) days of delivery to grievant of the Board’s decision, then the grievance shall be deemed admitted. 2withdrawn. If At arbitration, neither party to the grievance is will be permitted to assert grounds not resolved at Step 1previously raised in the proceedings below. In no case will the arbitrator selected be a resident of School District 304. Expenses for the arbitrator’s services and the expenses that are common to both parties to the arbitration 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. The arbitrator shall not amend, then modify, nullify, ignore, or add to the CMA and/or provisions of the grievant may appeal Agreement. The arbitrator’s authority shall be strictly limited to deciding only the issue or issues presented to the arbitrator in writing by the Board and the Association and the decision in writing to rendered must be based solely upon the Associate Principal or designated administrator within five (5) work days after receipt arbitrator’s interpretation of the Step 1 response meaning or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt application of the Step 2 response or within five (5) work days after express relevant language of 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 shall be deemed admittedAgreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor Informal (Pre-Grievance Meetings Process) - An attempt shall be made to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein definedusing an informal process. If, however, the The purpose of this informal process fails is to satisfy 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 employee or complainant and the CMAadministrator with direct responsibility to the incident, a grievance may be processed as follows:and upon request, Association representatives and/or other District Administrators. 1. The employee or Step I - In the CMA may present event the grievance which is not resolved through the informal 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, or from the date when the grievant might reasonably have had knowledge thereof. The supervisor or other administrator who has authority to make a decision on the grievance shall make such decision and communicate it in writing to the grievant’s supervisor with a copy to the teacher, Superintendent, Associate PrincipalSuperintendent for Human Resources/Professional Learning, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place Association within five ten (510) work working days after from receipt of the written grievance. The CMA’s representative, the grievant, and the grievant’s supervisor response shall be present for the meeting. Within five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including include the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. Step II – If the grievance is not resolved at Step 1I, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator shall file within five ten (510) work working days after receipt of the Step 1 response or within five (5) work days after I response, a copy of the Step 1 meeting, whichever is later. The Associate Principal or designated administrator shall arrange grievance 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 Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to Superintendent and the Associate Superintendent for Human Resources, Resources/ Professional Learning who shall hold a meeting with the grievant and Association representative within five ten (510) work working days after from the date of receipt of the Step 2 response or within five (5) work days after the Step 2 meeting, whichever is laterII appeal. The Associate Superintendent for Human Resources Resources/Professional Learning shall arrange with issue a written determination to the CMA representative for a meeting to take place grievant within five ten (510) work working days after the receipt of this appealStep II meeting. Within five (5) work days after this meeting, the Associate Superintendent for Human Resources This answer shall provide the CMA with a written response to the appeal including include the reasons for the decision. 3. If Step III - In the Associate Superintendent for Human Resources does event a grievance has not respond within five (5) work daysbeen 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 be deemed admittedhold a meeting with the grievant and the Association representative. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the hearing, the Superintendent shall have ten (10) working days in which to provide the written decision, with reasons, to the grievant 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 a Teacher and his or her immediately involved supervisor to solve resolve problems through free and informal communicationcommunications. AccordinglyWhen requested by the employee, a Union representative may accompany the parties shall attempt employee to informally resolve any grievance herein definedassist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee Teacher or the CMAUnion, a grievance may be processed as follows: 1. A. The employee Teacher or the CMA Union may present the grievance which must be in writing writing, within ten (10) days of the date of the event giving rise to the grievant’s supervisor with a copy grievance, to the Associate Principalimmediately involved supervisor, which grievance shall state the article, section and clause of this Agreement alleged to be violated, misrepresented or designated administratormisapplied, within and which grievance shall further state the remedy which is sought. Within five (5) work days after the receipt of the incident. It must contain grievance, the article and section of the agreement allegedly violated and the remedy sought. The immediately involved supervisor will arrange for a meeting to take place within five (5) work days after receipt of the grievanceplace. The CMAUnion’s representative, the grievant, and the grievant’s supervisor representative shall be present for the meeting. Within five (5) work days after of the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance Union shall be deemed admittedprovided with the Supervisor’s written response. 2. B. If the grievance is not resolved at Step 1in step 4.2A, then the CMA and/or Union may refer the grievant may appeal the decision in writing grievance to the Associate Principal Superintendent or his officially designated administrator representative within five (5) work days after the receipt of the Step 1 response 4.2A answer or within five ten (510) work days after of the Step 1 4.2A meeting, whichever is later. The Associate Principal or designated administrator Superintendent shall arrange with the CMA representative Union for a meeting to take place within five (5) work days after of the Superintendent’s receipt of this the appeal. Each party shall have the right to include in its representation such witnesses and counsel as it deems necessary. Within five (5) work days after this of the meeting, the Associate Principal Union shall be provided with the Superintendent’s written response. C. If the Union is still not satisfied with the disposition of the grievance at Step 4.2B or designated administrator the time limits expire without the issuance of the Superintendent’s written reply, the Union may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association, which shall provide act as the CMA with Administration of the proceeding. If a written response including the reasons demand for arbitration is not filed within thirty (30) days for the decision. If the Associate Principal or designated administrator does not respond within five (5) work days4.2B answer, then the grievance shall be deemed admittedwithdrawn. 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. If Each party will pay its own costs of representation and the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt cost of a transcript of the Step 2 response or within five (5) work days after the Step 2 meetingarbitration proceedings, whichever is laterif requested. 4. The Associate Superintendent for Human Resources shall arrange with cost of the CMA representative for a meeting American Arbitration Association is to take place within five (5) work days after be shared equally by 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 shall be deemed admittedparties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it Within fifteen (15) days following the time when the grievant knows or could reasonably have known of the act or condition which is usually most desirable for an employee and supervisor to solve problems through free and informal communication. Accordinglythe basis of the grievance, the parties shall attempt to informally resolve any grievant may file a written grievance herein defined. If(Appendix 5) with his principal or immediate supervisor, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as follows: 1. The employee or the CMA may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, Secretary of the Board. Grievances filed in the name of the Association may be initiated at Step 2 of this grievance procedure as set forth below. All certificated employees shall have the right of representation at each step of the grievance procedure. STEP 1 The school principal or designated administrator, immediate supervisor shall meet within five (5) work days following receipt of the incident. It must contain the article grievance and section attempt a mutually satisfactory resolution of the grievance (Appendix 6). If no satisfactory agreement allegedly violated and is reached, the remedy sought. grievant may, within three (3) days, appeal to Step 2. STEP 2 The supervisor will arrange for a meeting to take place grievant shall meet with the Superintendent within five (5) work days after following the receipt of the grievancegrievant’s appeal (Appendix 7). The CMA’s representativeIf no satisfactory agreement is reached, the grievant may, within ten (10) days of the meeting, appeal to Step 3. STEP 3 If no satisfactory settlement is reached at Step 2, the grievance may be appealed to Step 3 within seven (7) days after receiving the disposition of the Superintendent or after the above stated time limits have expired and submit the grievance to the Board. If the grievance is submitted to the Board, the Board, within thirty (30) days, shall meet with the grievant, the representative and the grievant’s supervisor Superintendent to review such grievance in executive session or give such grievance the consideration as it shall deem appropriate. The disposition by the Board shall be present for the meeting. Within five (5) work days after the meeting, the supervisor shall provide made to the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond by completing Grievance Report Form (Appendix 8), Step 3 within five (5) work daysdays of the meeting. A notification of such disposition shall be furnished the grievant, the grievance shall be deemed admittedAssociation and the immediate supervisor. 2. STEP 4 If the grievance no satisfactory settlement is not resolved reached at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 meeting3, the Associate Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human ResourcesAssociation, 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 shall be deemed admitted.fifteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. STEP 1 The parties hereto acknowledge that it is usually most desirable for an employee and supervisor to solve problems through free and informal communication. Accordingly, the parties Building Principal shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as follows: 1. The employee or the CMA may present the grievance which must be respond in writing to each grievance received. If an aggrieved party is not satisfied with the grievant’s supervisor response of the Building Principal or if no response is received within one calendar week after the submission of a grievance, such aggrieved party may submit a copy of the grievance to the grievance committee of the Little Falls Teachers Association. STEP 2 If the aggrieved is not satisfied with the determination of a grievance at Step 1, he/she may within ten days of the response by the Building Principal, or within ten days of the time such response was due, submit the grievance, in writing, to the Superintendent for review and determination. STEP 3 The Superintendent or his designee shall meet with the aggrieved and his representative (if the aggrieved desires a representative) at a reasonable time and place designated by the Superintendent within five days after the presentation of the appropriate appeal documents to the Superintendent's office. Such meetings shall be an attempt to resolve the grievance. Within ten days after such a meeting or meetings, the Superintendent or his designee, after consultation with the Board of Education, shall make a decision in writing, setting forth his conclusions with respect to the grievance, and setting forth his reasons for such conclusion. A copy of such decision shall be given to the aggrieved and the Association. STEP 4 If the Association is not satisfied with the disposition of any grievance at Step 3, it may within ten days submit the grievance to an arbitrator by registered mail with a copy to the Associate PrincipalSuperintendent. In the event Xx. Xxxxxxxxx should not be available to perform the required arbitration, or both parties agree that a new and mutually acceptable arbiter shall be designated administratorby appropriate amendment to this section. In the event the parties cannot agree on an arbiter, within five (5) work days they shall request a list of arbiters from the American Arbitration Association. The parties will then be bound by the rules and procedures of the incidentAmerican Arbitration Association in the selection of an arbiter. It must contain The arbiter will have authority to hold hearings and make procedural rules. The aggrieved employee, the article Association and section the Superintendent shall have standing to be heard at such hearings. Any of the agreement allegedly violated persons having standing, as well as the arbiter, may request a written transcript of such hearings. Any of the persons having standing, as well as the arbiter, may request and obtain from the remedy sought. The supervisor will arrange for a meeting various parties all pertinent information not privileged by law, in their possession or control, and which is relevant to take place within five (5) work days after receipt of the issues raised by the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor All hearings held shall be present for the meeting. Within five (5) work days after the meeting, the supervisor shall provide the grievant closed sessions and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance no news releases shall be deemed admitted. 2made concerning the progress of the hearings. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision The arbiter's report shall be submitted in writing to the Associate Principal board, the employee, and the Association, and shall set forth his findings of fact, reasoning’s, conclusions and decisions on the issues submitted. The arbiter shall have no power or designated administrator within five (5) work days after receipt authority to make any decision which requires the commission of an act prohibited by law or which shall violate of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is laterterms of this agreement. The Associate Principal or designated administrator decisions of the arbiter shall arrange with be final and binding upon all parties. The expenses of 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 meetingarbitration, the Associate Principal or designated administrator shall provide the CMA with a written response including the reasons for arbiter's fees, his expenses, a transcript of the decisionhearings, etc., shall be shared equally by the Association and the Board if the Association signed the appeal to Step 4. If the Associate Principal or designated administrator does Association did not respond within five (5) work dayssign the appeal to Step 4, the grievance expenses shall be deemed admittedshared equally by the Board and the aggrieved person. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 shall be deemed admitted.

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 his immediately involved supervisor to solve resolve problems through free and informal communicationcommunications. AccordinglyWhen requested by the teacher, an Association representative may accompany the parties shall attempt teacher to informally resolve any grievance herein definedassist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee teacher or the CMAAssociation, a grievance may be processed as follows: 1. Step #1 The employee teacher or the CMA Association may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor principal who will arrange for a meeting to take place within five seven (57) work days after receipt of the grievance. The CMA’s representativegrievant, a representative if desired by the grievantteacher, and the grievant’s supervisor principal shall be present for the meeting. Within five seven (57) work days after of the meeting, the supervisor grievant shall provide be provided with the grievant and the CMA with a principal’s 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. 2. Step #2 If the grievance is not resolved at Step #1, then the CMA and/or the grievant may appeal refer the decision in writing grievance to the Associate Principal Superintendent or designated administrator his/her official designee within five six (56) work days after receipt of the Step #1 response or within five (5) work days after the Step 1 meeting, whichever is lateranswer. The Associate Principal or designated administrator Superintendent shall arrange with the CMA representative grievant or the Association for a meeting to take place within five ten (510) work days after of the Superintendent’s receipt of this the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within five ten (510) work days after this of the meeting, the Associate Principal employee or designated administrator the Association shall provide be provided with the CMA with a Superintendent’s written response response, including the reasons for the decision. Step #3 If the Associate Principal grievant is not satisfied with the disposition of the grievance at Step #2 or designated administrator does the time limits expire without the issuance of the Superintendent’s written reply, the Association may submit the grievance to final and binding arbitration. If a demand for arbitration is not respond filed within five thirty (530) work daysdays of the date for the Step #2 answer, then the grievance shall be deemed admittedwithdrawn. The arbitration proceeding shall be conducted by an Arbitrator to be selected by the two parties within seven (7) days after said notice is given. If the two parties fail to reach agreement on an Arbitrator within seven (7) days, the American Arbitration Association will be requested to provide a panel of seven (7) arbitrators. Each of the two parties will alternately strike one name at a time from the panel until only one shall remain. The remaining name shall be binding on the parties. Expenses for the Arbitrator’s services shall be borne equally by the district and the Association. His authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the district and the Association and his decision must be based solely and only upon his interpretation of the meaning or application of the express relevant language of the Agreement. 1. A grievance arising from action of an administrator above the building level must be filed at Step #2. 2. No teacher shall be required to discuss any grievance in the absence of a representative unless said teacher so desires. 3. If the grievance When a teacher is not resolved represented by the Association, the Association at Step 2, then its request shall have the CMA and/or grievant may appeal the decision in writing right to the Associate Superintendent for Human Resources, within five (5) work days after receipt receive a copy of the Step 2 response formal, final disposition of the grievance. 4. No reprisals of any kind shall be taken by the Board or within five (the Administration against a teacher because of his/her participation in this grievance procedure. 5) work days after the Step 2 meeting, whichever is later. The Associate Superintendent for Human Resources shall arrange All records dealing with the CMA representative for processing of 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 shall be deemed admittedfiled separately from the personnel files of the participants. 6. The time limits at any step of this grievance procedure may be extended by written mutual agreement. 7. A grievant may withdraw a grievance at any time without prejudice.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. A. Step One (Informal): The parties hereto acknowledge that it is usually most desirable for an employee administrator and supervisor the Board to solve resolve problems through free and informal communication. AccordinglyWhen requested by either party, the parties Association may intervene to assist in this resolution. It is the responsibility of the grievant to schedule a Step One meeting with the superintendent or his/her designated representative, and it is the superintendent’s or his/her designated representative’s responsibility to hold such a meeting within the ten (10) workday period referenced herein. If such a meeting is not held within ten (10) workdays of the alleged violation of this Agreement, a written grievance may not be submitted pursuant to Step Two and the involved grievance shall attempt to informally resolve any grievance herein definedbe deemed abandoned. IfHowever, however, the informal process fails should such Step One meeting fail to satisfy the employee or Board and the CMAadministrator, then a grievance may be processed as follows: 1: Step Two. The employee or administrator may reduce the CMA may grievance to writing on a grievance form provided by the Board and present the grievance which must be in writing to the grievant’s supervisor with Superintendent for a copy written answer. The written grievance shall be filed within ten (10) workdays of the alleged violation. It shall name the employee(s) involved, shall state the facts giving rise to the Associate Principalgrievance, shall identify by specific reference all the provisions of this Agreement alleged to be violated, shall state the contention of the administrator and the Association with respect to these provisions, shall indicate the relief requested, and shall be signed by the administrator. The Superintendent will arrange a grievance hearing between the Superintendent, or his/her designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) work days after receipt of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor administrator and Association. The Superintendent or his/her designated representative, shall give the employee an answer in writing no later than ten (10) workdays after the grievance hearing referenced above. B. All claims for back wages shall be present for limited to the meetingamount of wages that the employee would otherwise have earned at his/her regular rate, less any unemployment or other compensation that he/she may have received from any source during the period of back pay. Within five (5) work days after No decision in any one case shall require a retroactive wage adjustment in any other case, unless such case has been designated as a representative case by mutual written agreement by the meeting, parties. C. Any grievance occurring during the supervisor shall provide period between the grievant termination date of this Agreement and the CMA with effective date of a written response including new Agreement shall not be processed. Any grievance which arose prior to the reasons for effective date of the decision. If the supervisor does Agreement shall not respond within five (5) work days, the grievance shall be deemed admittedprocessed. 2. D. Any agreement reached between the Board and the Association representative(s) is binding on all administrators affected and cannot be changed by any individual. E. The sole remedy available to any employee for any alleged breach of this Agreement or any alleged violation of his/her rights hereunder will be pursuant to the Grievance Procedure, 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 provisions of this Article. F. If the grievance is not resolved at Step 1Two of the Grievance Procedure, then and if it involves an alleged violation of a specific Article and Section of the CMA and/or Agreement, the grievant Association may, at its option, submit the grievance to arbitration by written notice delivered to the Superintendent within fifteen (15) workdays of receipt of the Superintendent’s answer in Step Two. The written notice shall identify the provisions of the Agreement allegedly violated, shall state the issues involved, and the relief requested. If no such notice is given within the prescribed period, the Superintendent’s last answer shall be final and binding on the Association and the administrator(s) involved, and the Board. G. Following receipt of the notice to arbitrate, the Association and the Board will attempt to mutually agree to an Arbitrator. If an Arbitrator is not mutually agreed to within ten (10) workdays following receipt of the written notice, the Association, within the next five (5) workdays only, may appeal the decision apply for arbitration in writing to the Associate Principal or designated administrator within five (5) work days after receipt American Arbitration Association under its rule. H. The jurisdiction of the Step 1 response or within five (5) work days after arbitrator shall be limited to the Step 1 meeting, whichever is later. The Associate Principal or designated administrator shall arrange with the CMA representative for determination of grievances which involve an alleged violation of a meeting to take place within five (5) work days after the receipt specific Article and Section of this appealAgreement. Within five (5) work days after this meetingIf either party shall claim before the arbitrator that a particular grievance fails to meet the tests of arbitrability, the Associate Principal or designated administrator arbitrator shall provide proceed to decide such issues before proceeding to hear the CMA with a written response including case upon 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. 3merits. If the grievance is concerns matters not resolved at Step 2subject to arbitration, then the CMA and/or grievant may appeal arbitrator shall return the decision in writing grievance and all documents relating thereto, to the Associate Superintendent for Human Resources, within five (5) work days after receipt parties without decision. In the event either party disputes the arbitrability 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 grievance in a court of this appeal. Within five (5) work days after this meetinglaw, the Associate Superintendent for Human Resources arbitrator shall provide have no jurisdiction to act until the CMA with matter is determined by a written response to the court of competent jurisdiction from whose decision no appeal including the reasons for the decision. If the Associate Superintendent for Human Resources does not respond within five (5) work days, the grievance shall be deemed admittedis taken.

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 supervisor every effort shall be made to solve problems through free and expedite the process. 7.3.2 Grievance proceedings shall be kept informal communication. Accordingly, at all levels of this procedure. 7.3.3 If the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process College fails to satisfy the employee or the CMA, a grievance may be processed as follows: 1. The employee or the CMA may present the grievance which must be comply in writing to the grievant’s supervisor or with a copy to the Associate Principal, or designated administrator, within five (5) work days its time limit requirements as set forth under any of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) 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 five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work daysprocedure steps, the grievance shall be deemed admittedconsidered automatically appealed to the next level of the procedure. 2. 7.3.4 If the grievance is not resolved at Step 1grievant fails to comply with the grievant’s time limit or procedural requirements, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt as set forth under any of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with a written response including the reasons for the decision. If the Associate Principal or designated administrator does not respond within five (5) work daysprocedure’s steps, the grievance shall be deemed admittedconsidered null and void. At this point the College shall have no obligation to schedule an grievance meetings or arbitration. 37.3.5 The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties. 7.3.6 A grievance shall not be considered unless the grievant initiates the grievance in writing no later than ten (10) days after the grievant knew or reasonably should have known of the action, which 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 the Union (this provision does not authorize representation by any party other than a Union representative) and the charged party may be represented by a person of the party’s choice at any hearing or meeting conducted under this procedure. 7.3.9 An employee, acting individually, may present a grievance without 7.3.10 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 must notify the Human Resources Director of the Union’s intent to submit the grievance on behalf of the affected employees at Level 2 of this procedure. Such authorization must be in writing. The Human Resource Director shall identify the level of the grievance procedure at which the grievance may be submitted. 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 Union. 7.3.14 Grievances shall be filed on forms approved by the parties. Electronic e-mails shall be considered "in writing" for the purposes outlined in this Article. 7.3.15 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 and/or Union of any confidentiality right the grievant or the Union may have which is related 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 7.3.17 Upon agreement between the College’s Human Resource Director 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 is not resolved at Step 2time limits will be tolled 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, then that party may end the CMA and/or grievant may appeal the decision settlement proceeding by submitting a notification in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt 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 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 time limits that expired prior to the appeal including parties agreement to toll the reasons for the decision. If the Associate Superintendent for Human Resources does not respond within five (5) work days, the grievance shall be deemed admittedtime limits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor to solve problems through free and informal communication10. AccordinglyStep 1. Within ten (10) school days of the time a grievance arises, or within ten (10) school days of when the grievance should reasonably have become known, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as follows: 1. The employee or the CMA may faculty member will present the grievance which must to his/her immediate supervisor. If the grievance is related to classroom or departmental problems, it shall be in writing 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 grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five building principal. Free and informal communications are encouraged. Within ten (510) work days of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) work school days after receipt the presentation of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor shall be present for the meeting. Within five (5) work days after the meeting, the supervisor shall provide give his/her answer orally to the grievant and griever. At the CMA with request of the griever, a written response including answer shall be provided. At the reasons for request of the decision. If the supervisor does not respond within five (5) work daysgrieved, the grievance griever shall be deemed admittedsubmit a “Statement of Grievance. 11. Step 2. If the grievance is not resolved at in Step 1, then the CMA and/or the grievant may appeal or the decision in writing to the Associate Principal or designated administrator Association representative may, within five ten (510) work school days after of receipt of the Step 1 response answer (written or within five oral), submit to the building principal, or if the grievance is a District issue, the Assistant Superintendent of Human Resources a written “Statement of Grievance” signed by the employee. Within ten (510) work school days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator shall arrange with the CMA representative for a meeting to take place within five (5) work days after of the receipt of this appealthe Step 2 grievance, the building principal/Assistant Superintendent of Human Resources shall hold a Step 2 grievance conference. Within five ten (510) work school days after this meetingof the Step 2 grievance conference, the Associate Principal or designated administrator building principal/Assistant Superintendent of Human Resources shall provide the CMA with issue 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 Step 2 grievance shall be deemed admittedanswer. 12. Step 3. If the grievance is not resolved at in Step 2, then the CMA and/or grievant may appeal or the decision in writing Association may, within fifteen (15) school days of the Step 2 grievance conference, submit a Step 3 grievance statement to the Associate Superintendent for Human Resources, within five Superintendent. Within ten (510) work school days after of the receipt of the Step 2 response or within five 3 grievance, the Superintendent, and/or other representatives of the Board shall hold a Step 3 grievance conference. Within ten (510) work school days after of the Step 2 meeting3 grievance conference, whichever the Superintendent shall issue a Step 3 grievance answer. 13. Step 4. If a satisfactory disposition of the grievance is later. The Associate Superintendent not made as a result of the conference provided for Human Resources in Step 3 above, either the Board or the Association shall arrange have the right to appeal the dispute to final and binding arbitration under and in accordance with the CMA representative Voluntary Labor Arbitration Rules of the American Arbitration Association. Such appeal must be taken within thirty (30) days from the date of the conference provided for in Step 3 above unless a meeting to take place within five (5) work days after longer time is jointly agreed upon between 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 shall be deemed admittedparties.

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 his or her immediately involved supervisor to solve resolve problems through free and informal communicationcommunications. Accordingly, An attempt shall be made by the parties shall attempt grievant to informally resolve any grievance herein definedby means of an informal verbal communication between the grievant and his or her immediately involved supervisor. If, however, the informal process fails to satisfy the employee or the CMAgrievant, a grievance may be processed as follows: 1. The employee or Step A: If the CMA may grievance is not resolved informally, then the grievant shall present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days of the incidentimmediately involved supervisor. It must contain The grievance shall specify the article and section of the agreement allegedly clause alleged to have been violated and shall state the remedy sought. The grievance shall be initiated at this step within thirty (30) days from the point the grievant becomes aware of the alleged violation, or should have become aware, whichever is later. The immediately involved supervisor will 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 five ten (510) work days after of his receipt of the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor shall be present for the meetingappeal. Within five ten (510) work days after the meeting, the supervisor shall provide meeting the grievant and shall be provided with the CMA with a Superintendents written response including response, which includes the reasons reason for the his/her decision. If request for a hearing is not filed within thirty (30) days of the supervisor does not respond within five date of the Step (5B) work daysanswer, then the grievance shall be deemed admittedwithdrawn. 1. Neither the Board of Education nor the Association shall be permitted to assert any grounds or evidence before the arbitrator, which has not previously been disclosed to the other party. 2. If The arbitrator, in his opinion, shall not amend, modify, nullify, ignore, or add to the provisions of this Agreement. His authority shall be strictly limited to deciding only the issue presented to him in writing by the School District and the Association, and his decision must be based only upon his interpretation of the meaning or application of the express relevant language of the Agreement 3. Each party shall bear the full costs for its representation in the grievance is not resolved at Step 1, then procedure. 4. Each party shall share equally the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt cost of the Step 1 response or within five (5) work days after arbitrator and the Step 1 meetingassociated filing fees. If either party requests a transcript of the proceedings, whichever is laterthat party shall bear full costs for that transcript. The Associate Principal or designated administrator shall arrange with the CMA representative for If both parties order a meeting to take place within five (5) work days after the receipt of this appeal. Within five (5) work days after this meetingtranscript, the Associate Principal or designated administrator costs of the two transcripts shall provide be divided equally between the CMA with a written response including Board and the reasons for the decisionAssociation. 5. If the Associate Principal Association or designated administrator does not respond within five (5) work daysany employee files a complaint or suit in a court of competent jurisdiction, the grievance school district shall not be deemed admitted. 3. If required to process the claim or set of facts through the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 shall be deemed admittedprocedure.

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 supervisor the immediately involved Supervisor should attempt to solve resolve problems through free and informal communication. Accordinglycommunications and that every effort will be made to arrive at a solution in this manner. Step 2: If the problem is not resolved in Step 1, the parties Association, shall attempt to informally resolve any grievance herein defined. If, however, within fifteen (15) days from the informal process fails to satisfy date when the employee or Association knew or should have known about the CMAallegation, a grievance may be processed as follows: 1. The employee or the CMA may present the grievance which must be in writing to the grievant’s supervisor with a copy to immediately involved supervisor. The grievance shall set forth the Associate Principal, or designated administrator, within five (5) work days nature of the incident. It must contain occurrence, the article and section specific provisions of the agreement allegedly Agreement claimed to have been violated and the remedy soughtrequested. The supervisor will arrange for a meeting to take place within five seven (57) work days after of receipt of the grievance. The CMAAssociation’s representative, the grievant, employee and the grievant’s supervisor immediately involved supervisor, shall be present for the meeting. Within five seven (57) work days after of the meeting, the supervisor Association shall provide be provided with the grievant and the CMA with a supervisor’s 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. 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with 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. 3. : If the grievance is not resolved at Step 2, then the CMA and/or grievant Association may appeal refer the decision in writing grievance to the Associate Superintendent for Human Resources, or the Superintendent’s official designee within five seven (57) work days after of receipt of the Step 2 response or within five (5) work days after the Step 2 meeting, whichever is lateranswer. The Associate Superintendent for Human Resources shall arrange arrange, with the CMA representative Association representative, for a meeting to take place within five seven (57) work days after of the Superintendent’s receipt of this the appeal. Within five seven (57) work days after this of the meeting, the Associate Superintendent for Human Resources Association shall provide be provided with the CMA with a Superintendent’s written response to the appeal 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 4, the Association may submit the grievance to final and binding arbitration. If a demand for arbitration is not filed with the Associate Superintendent for Human Resources does not respond Employer within five fifteen (515) work daysdays of the Association’s receipt of the Board’s written response, the grievance shall be deemed admittedwithdrawn. 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. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a grievance may be processed as follows: 1. The employee or the CMA number of days indicated at each level may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days waived by mutual written consent of the incident. It must contain the article and section of the agreement allegedly violated and the remedy sought. The supervisor will arrange for a meeting to take place within five (5) work days after receipt of the grievance. The CMA’s representative, the grievant, Board representative and the grievant’s supervisor shall be present for the meeting. Within five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admitted. 2. If 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 not resolved at Step 1, then another remedial procedure or forum established by law or by regulation having the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt force of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with 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 admittedlaw. 3. If 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 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 is not resolved at Step 2was filed in writing, then the CMA and/or grievant may appeal the decision in writing and to the Associate Superintendent amount actually lost, with deduction of all sums earned during the back pay period. The Board will have no liability for Human Resourcesany special compensation claims. 7. The sole remedy available to any employee for any alleged breach of this Agreement or any alleged violation of their rights hereunder will be pursuant to the grievance procedure; provided, within five (5) work days after receipt 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 provisions of this article. 8. In the course of investigation of any grievance, representatives of the Step 2 response or within five (5) work days after Association will report to the Step 2 meeting, whichever is laterprincipal of the 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 Associate Superintendent written grievance will be on a form prepared and supplied by the Board which will provide for Human Resources shall arrange with the CMA representative for following: a. It will be signed and dated by the grievant or grievants; b. It will be specific; c. It will contain a meeting to take place within five (5) work days after synopsis of 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 facts giving rise to the appeal including alleged violation; d. It will be specific as to the reasons for Article, Section, or Sub-sections, of the decision. If contract alleged to have been violated; e. It will contain the Associate Superintendent for Human Resources does not respond within five (5) work days, date of the grievance shall be deemed admittedalleged violation; f. It will specify the relief requested.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an employee and supervisor 1. Level 1 – Conferences - An attempt shall be made to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein definedin an informal, verbal discussion between the grievant and his, her or their principal. IfSuch 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, howeverwhich 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 informal process fails building principal within fourteen (14) calendar (Neg.16) days after the Level 1 conference. The written grievance shall be presented to satisfy the employee or building principal in clear and understandable terms on forms provided by the CMA, a grievance may be processed as followsDistrict and shall set forth the following: 1. The employee a. Cite the section of the negotiated agreement, which has been allegedly violated, misinterpreted or misapplied. b. Date of the CMA may present occurrence of the events giving rise to the alleged grievance. c. Specific facts giving rise to the grievance which must be in writing 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 alleged violation, misinterpretation or misapplication. e. Specify the relief requested. f. Signature of the grievant’s supervisor . g. Signature and date line for principal acknowledging receipt of written grievance. Upon receipt of the written grievance the principal shall arrange a formal individual conference with a copy to the Associate Principal, aggrieved teacher or designated administrator, teachers within five (5) work days days, and may make such further investigation of the incident. It must contain the article and section of the agreement allegedly violated and the remedy soughtmatter as he or she determines to be necessary. The supervisor will arrange for principal shall render a meeting decision on the grievance and communicate it in writing to take place the aggrieved teacher or teachers within five (5) work 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 appeal shall include a copy of the original written grievance and the principal's response. It shall be delivered to the Superintendent of Schools within fourteen (14) calendar (Neg.16) days following the principal's written decision at Level 1. The Superintendent shall arrange for a conference with the aggrieved teacher or teachers within five (5) days after receipt of the grievance. The CMA’s representative, appeal and may make such further investigation of the grievant, and the grievant’s supervisor shall matter as he or she determines to be present for the meetingnecessary. Within five (5) work days after following the meetingappeal hearing the Superintendent shall give a written decision to the grievant, with a copy of the decision to the principal. 4. Level 3 – In the event a grievance has not been satisfactorily resolved at Xxxxx 0, the supervisor shall provide aggrieved teacher or teachers may file an appeal to the grievant and Board of Education through the CMA with a written response including office of the reasons for the decisionSuperintendent. If the supervisor does not respond within five (5) work days, the grievance Such appeal shall be deemed admitted. filed within fourteen (14) calendar (Neg.16) days of the Superintendent's written decision at Level 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 shall be deemed admitted.received by the

Appears in 1 contract

Samples: Negotiated Agreement

Procedures. The parties hereto acknowledge All time limits referred to in this Article shall consist of working days, except that it is usually most desirable for an employee and supervisor to solve problems through free and informal communicationoccur during summer vacation periods, time limits shall consist of school district office workdays. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, a A grievance may be processed initiated by a teacher or by the Association. The procedure for processing a grievance shall be as follows: STEP 1: The grievant may first discuss the matter with the Superintendent with the objective of resolving the matter informally. Nothing contained in this Article of the AGREEMENT shall prohibit or prevent the Superintendent or the grievant from having a person of his/her own choosing from outside of the bargaining unit or a consultant in attendance at any informal or formal step of the grievance procedure. STEP 2: If the grievance cannot be resolved informally, the grievant may file the grievance in writing with the Superintendent within twenty (20) working days from the occurrence of the event giving rise to the grievance. The employee or written grievance shall note all clauses of the CMA may present AGREEMENT which are alleged to have been violated, and shall state the basic facts of the claimed violation. The Superintendent shall answer this grievance which must be in writing to the grievant’s supervisor with ten (10) working days in writing, submitting a copy to the Associate Principalteacher and the Association representative. STEP 3: If the grievant disagrees with the decision of the Superintendent, or designated administrator, he/she shall notify the Superintendent in writing within five ten (510) work working days of the incident. It must contain date of receipt of his/her desire to have the article and section of grievance processed to the agreement allegedly violated and the remedy soughtBoard for a decision. The supervisor will arrange for a meeting to take place Board shall meet within five twenty (520) work working days after of receipt of the grievance. The CMA’s representative, parties to the grievant, and the grievant’s supervisor grievance shall be allowed to present for witnesses and have attorneys present before the meetingBoard, as deemed necessary. Within five (5) work days after the meeting, the supervisor The Board shall provide the grievant and the CMA with a its written response including the reasons for the decision. If the supervisor does not respond within five ten (510) work days, the grievance shall be deemed admitted. 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing to the Associate Principal or designated administrator within five (5) work working days after receipt of the Step 1 response or within five (5) work days after the Step 1 meeting, whichever is later. The Associate Principal or designated administrator 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 Principal or designated administrator shall provide the CMA with 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. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may 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 shall be deemed admitted.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. The parties hereto acknowledge that it is usually most desirable for an 1. An employee and supervisor to solve problems through free and informal communication. Accordingly, the parties shall attempt to informally resolve any grievance herein defined. If, however, the informal process fails to satisfy the employee or the CMA, with a grievance may be processed as follows: 1. The employee or shall first discuss it with the CMA may present the grievance which must be in writing to the grievant’s supervisor with a copy to the Associate Principal, or designated administrator, within five (5) work days of the incident. It must contain the article and section of the agreement allegedly violated principal and the remedy sought. The immediate supervisor will arrange for a meeting to take place within five (5) work days after receipt or their designee, with the object of resolving the grievance. The CMA’s representative, the grievant, and the grievant’s supervisor shall be present for the meeting. Within five (5) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work days, the grievance shall be deemed admittedmatter informally. 2. If the grievance is cannot be resolved at Step 1informally, then the CMA and/or the grievant may appeal file the grievance in writing, and, at a mutually agreeable time, discuss the matter with the employee’s immediate supervisor. The grievant shall present to the immediate supervisor a written copy of the grievance within ten (10) days of the date of occurrence of the alleged violation. The immediate supervisor shall make a decision on the grievance and communicate it in writing to the Associate Principal or designated administrator employee within five ten (510) work days after receipt of the Step 1 response or within five (5) work days after grievance. 3. In the Step 1 meetingevent a grievance has not been satisfactorily resolved at step two, whichever is laterthe grievant may file the grievance in writing, and at a mutually agreeable time, discuss the matter with the proper Manager. The Associate Principal or designated administrator grievant shall arrange with present to the CMA representative for Manager a meeting written copy of the grievance within seven (7) days of the supervisor’s written decision at step two. The Manager shall decide on the grievance and communicate it in writing to take place the employee within five ten (510) work days after the receipt of this appeal. Within five (5) work days after this meeting, the Associate Principal or designated administrator shall provide the CMA with a written response including the reasons for the decisiongrievance. 4. If the Associate Principal or designated administrator does not respond within five (5) work daysgrievance remains unresolved, the grievant may file the grievance in writing with the Superintendent or designee. The grievant shall be deemed admittedpresent to the Superintendent or designee a written copy of the grievance within seven (7) days of the administrator’s written decision at step three. Within ten (10) days after such written grievance is filed, the grievant and Superintendent or designee shall meet to consider the grievance. The Superintendent or designee shall decide on the grievance and communicate it in writing to the employee within ten (10) days after such meeting. 35. If the grievance is not resolved satisfactorily at Step 2step four, then the CMA and/or grievant grievance may appeal be submitted to impartial, binding arbitration. To enter such arbitration, the decision in writing Union shall submit a written request on behalf of the Union and the grieving employee(s) to the Associate Superintendent for Human Resources, within five thirty (530) work days after from receipt of the Step 2 response or step four answer. The arbitrator shall be selected by the two parties within five seven (57) work days after the Step 2 meeting, whichever said notice 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 decisiongiven. If the Associate Superintendent two parties fail to reach agreement on an arbitrator, within seven (7) days the American Arbitration Association shall be requested to provide a panel of at least seven (7) arbitrators, from which a selection shall be made in accordance with its practices. The cost for Human Resources does not respond within five (5) work daysthe services of the 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 the request of either party; however, the grievance party requesting the 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). The arbitrator, in his decision, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His authority shall be deemed admittedstrictly limited to deciding only the issue or issues presented to him, and his decision must be based solely and only upon his interpretation of the meaning or application of the expressed relevant language of the Agreement. The decision of the arbitrator shall be final and binding on the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Any grievance or dispute, which may arise between the parties, including the application, meaning or interpretation of this Agreement, shall be settled in the following manner: All grievances must be initiated within ten (10) days after the grievant knew, or should have known, of the act or condition, which is the basis for the grievance. The parties hereto acknowledge agree that it is usually most desirable for an employee and supervisor prior to solve problems through free and informal communication. Accordinglythe filing of a grievance at Step One or Two, the concern may be brought forward at any of the regularly scheduled meetings of the District Human Resources staff and the representatives of BVCEA with the goal of attempting to problem-solve the concerns. This informal effort will be considered by both parties shall attempt to informally resolve any grievance herein definedas extending the time limits of the filing of the formal grievance. If, however, If the informal process fails problem solving is not successful, BVCEA may advance the grievance to satisfy Step One or Two as appropriate. During the employee processing of a grievance through the various steps of the grievance procedure, timely filing must be made or the CMAgrievance will be waived. If mitigating circumstances exist, a grievance these time limits may be processed as follows: 1extended by mutual agreement. The employee or the CMA may present the STEP ONE: A grievance which must will first be in writing to discussed with the grievant’s supervisor immediate supervisor/administrator with the objective of resolving the matter informally, at which time the grievant (1) may request that the BVCEA representative, as specified in GBM-R, be in attendance, or (2) may request that the BVCEA representative act in the grievant’s behalf and file the formal step one grievance report form with the Human Resources Division. The immediate supervisor/administrator will provide a copy written answer to the Associate Principal, or designated administrator, grievance within five (5) work days and will provide a copy of that decision to the BVCEA President, the UniServ Director, the grievant, the department head and Assistant Superintendent of Human Resources. STEP TWO: If the grievance has not been resolved at step one, it may be appealed in writing by the BVCEA to the Assistant Superintendent of Human Resources in step two of this procedure within 10 days from the BVCEA’s receipt of the incident. It must contain the article and section of the agreement allegedly violated and the remedy soughtsupervisor’s answer. The supervisor Assistant Superintendent and/or representative(s) will arrange for a meeting to take place meet with the grievant and their chosen representative within five (5) work days after receipt of the written grievance in an effort to resolve the grievance. The CMA’s representativeSTEP THREE: If the grievance has not been resolved at step two, the grievant, and the grievant’s supervisor shall be present for the meeting. Within five or it no decision has been rendered in writing within ten (510) work days after the meeting, the supervisor shall provide the grievant and the CMA with a written response including the reasons for the decision. If the supervisor does not respond within five (5) work dayshearing, the grievance shall may be deemed admitted. 2. If the grievance is not resolved at Step 1, then the CMA and/or the grievant may appeal the decision in writing appealed to the Associate Principal or designated administrator District’s Superintendent within five (5five(5) work days after receipt of the Step 1 response written answer or within five the ten (510) work days after the Step 1 meeting, whichever is laterday period in which no decision was rendered. The Associate Principal or designated administrator shall arrange Superintendent and/or representative(s) will meet 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 meetinggrievant, the Associate Principal or designated administrator shall provide BVCEA President and/or the CMA with a written response including the reasons for the decision. If the Associate Principal or designated administrator does not respond Chief Xxxxxxx within five ten (510) work days, the grievance shall be deemed admitted. 3. If the grievance is not resolved at Step 2, then the CMA and/or grievant may appeal the decision in writing to the Associate Superintendent for Human Resources, within five (5) work days after receipt of the Step 2 response written grievance in an effort to resolve the grievance. Within ten (10) days after hearing the grievance, the Superintendent will render a written decision and either present it or send it by U.S. Mail to the grievant and to all parties officially present at the hearing, as well as the President of the BVCEA. STEP FOUR: If the grievance has not been resolved at step three, or if no decision has been rendered in writing within five ten (510) work days after the Step 2 meetingSuperintendent heard the grievance, whichever is laterthe BVCEA may request arbitration. The Associate Superintendent for Human Resources shall arrange with the CMA representative for a meeting to take place Such request must be made within five fifteen (515) work days after the receipt of this appealthe written answer or the ten (10) day period in which no decision was rendered. Within five ten (510) work days after this meetingof the demand for arbitration, the Associate Superintendent for Human Resources shall provide Board and/or representative(s) and the CMA with a written response BVCEA and/or representatives will select an arbitrator. In the event the parties are unable to the appeal including the reasons for the decision. If the Associate Superintendent for Human Resources does not respond within five (5) work daysagree on an arbitrator, the grievance selection shall be deemed admitted.made in the manner provided below. In the event the parties are unable to agree up on an arbitrator within ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

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